# Ark. Code Ann. § 18-15-1008: Appropriation of land without owner's consent

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S10_S18-15-1008

## Section

- **Citation:** Ark. Code Ann. § 18-15-1008
- **Heading:** Appropriation of land without owner's consent
- **Jurisdiction:** Arkansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AR Code / Title 18 / Chapter 15 / Subchapter 10 / Section 18-15-1008

## Text

(a) Whenever the board of directors or commissioners of any levee or drainage district may have appropriated, or shall appropriate, any land for right-of-way for the construction and maintenance of either levees, ditches, canals, or drains, and constructed levees or drains thereon without having procured the consent of the owner of the land to construct the levees or drains or without having procured the right-ofway, either by purchase, donations, or condemnation, the owner, when his or her cause of action has not been barred by the statute of limitations, shall have a cause of action against the board of directors or commissioners for the market value of the land at the time it was actually occupied. (b) The owner may also claim such damages for inconveniences of crossing from one (1) portion of the tract, then owned by the party seeking to recover, to the other portion of the tract, as he or she has sustained, and such damages as the owner may have sustained on account of obstruction of natural drainage to the tract of land over which the levee or drain may have been or shall be constructed, not to exceed the cost of constructing artificial drainage. Acts 1945, No. 177, § 8; A.S.A. 1947, § 35-1108.

(a) Whenever the board of directors or commissioners of any levee or drainage district may have appropriated, or shall appropriate, any land for right-of-way for the construction and maintenance of either levees, ditches, canals, or drains, and constructed levees or drains thereon without having procured the consent of the owner of the land to construct the levees or drains or without having procured the right-ofway, either by purchase, donations, or condemnation, the owner, when his or her cause of action has not been barred by the statute of limitations, shall have a cause of action against the board of directors or commissioners for the market value of the land at the time it was actually occupied.

(b) The owner may also claim such damages for inconveniences of crossing from one (1) portion of the tract, then owned by the party seeking to recover, to the other portion of the tract, as he or she has sustained, and such damages as the owner may have sustained on account of obstruction of natural drainage to the tract of land over which the levee or drain may have been or shall be constructed, not to exceed the cost of constructing artificial drainage.

Acts 1945, No. 177, § 8; A.S.A. 1947, § 35-1108.

## Nearby sections

- [Ark. Code Ann. § 18-15-1001 Purpose](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S10_S18-15-1001.md)
- [Ark. Code Ann. § 18-15-1002 Power of eminent domain](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S10_S18-15-1002.md)
- [Ark. Code Ann. § 18-15-1003 Appraisers](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S10_S18-15-1003.md)
- [Ark. Code Ann. § 18-15-1004 Petition - Appraisal - Summons](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S10_S18-15-1004.md)
- [Ark. Code Ann. § 18-15-1005 Exception - Trial - Injunction](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S10_S18-15-1005.md)
- [Ark. Code Ann. § 18-15-1006 Payment of award - Adjudication of claim](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S10_S18-15-1006.md)
- [Ark. Code Ann. § 18-15-1007 Refusal to pay award upon abandonment of line](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S10_S18-15-1007.md)
- [Ark. Code Ann. § 18-15-1008 Appropriation of land without owner's consent](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S10_S18-15-1008.md)
- [Ark. Code Ann. § 18-15-1009 Limitation on actions and damages](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S10_S18-15-1009.md)
- [Ark. Code Ann. § 18-15-1010 Fees](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S10_S18-15-1010.md)
- [Ark. Code Ann. § 18-15-1011 Acquisition of flowage and storage rights and other servitudes](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S10_S18-15-1011.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S10_S18-15-1008. Check the current official text before relying on it. Not legal advice.