# Ark. Code Ann. § 18-15-303: Municipal corporations - Power to condemn - Proceedings - Controversy > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S3_S18-15-303 ## Section - **Citation:** Ark. Code Ann. § 18-15-303 - **Heading:** Municipal corporations - Power to condemn - Proceedings - Controversy - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 18 / Chapter 15 / Subchapter 3 / Section 18-15-303 ## Text (a) (1) When it shall be deemed necessary by any municipal corporation to enter upon or take private property for a permitted purpose, an application in writing shall be made to the circuit court of the proper county, or the judge thereof in vacation, describing as correctly as may be the property to be taken, the object proposed, and the name of the owner of each lot or parcel thereof. (2) Notice of the time and place of the application shall be given either personally in the ordinary manner of serving process or by publishing a copy of the application with a statement of the time and place at which it is to be made. Notice shall be published for three (3) weeks preceding the time of the application in some newspaper of general circulation in the county. (b) (1) When the determination of questions in controversy in the proceedings is likely to retard the progress of construction, the court, or judge in vacation, shall designate an amount of money to be deposited by the municipal corporation, subject to the order of the court and for the purpose of making the compensation and paying damages when the amount thereof has been assessed. The court or judge shall designate the place of the deposit. (2) Whenever a deposit has been made in compliance with the order of the court or judge, it shall be lawful for the municipal corporation to enter upon the lands in controversy and proceed with its work of construction prior to the assessment and payment of damages and compensation. Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., § 4009; Acts 1935, No. 155, § 1; Pope's Dig., § 5011; Acts 1953, No. 201, § 1; 1955, No. 53, § 1; A.S.A. 1947, § 35-902. (a) (1) When it shall be deemed necessary by any municipal corporation to enter upon or take private property for a permitted purpose, an application in writing shall be made to the circuit court of the proper county, or the judge thereof in vacation, describing as correctly as may be the property to be taken, the object proposed, and the name of the owner of each lot or parcel thereof. (2) Notice of the time and place of the application shall be given either personally in the ordinary manner of serving process or by publishing a copy of the application with a statement of the time and place at which it is to be made. Notice shall be published for three (3) weeks preceding the time of the application in some newspaper of general circulation in the county. (1) When it shall be deemed necessary by any municipal corporation to enter upon or take private property for a permitted purpose, an application in writing shall be made to the circuit court of the proper county, or the judge thereof in vacation, describing as correctly as may be the property to be taken, the object proposed, and the name of the owner of each lot or parcel thereof. (2) Notice of the time and place of the application shall be given either personally in the ordinary manner of serving process or by publishing a copy of the application with a statement of the time and place at which it is to be made. Notice shall be published for three (3) weeks preceding the time of the application in some newspaper of general circulation in the county. lot or parcel thereof. (2) Notice of the time and place of the application shall be given either personally in the ordinary manner of serving process or by publishing a copy of the application with a statement of the time and place at which it is to be made. Notice shall be published for three (3) weeks preceding the time of the application in some newspaper of general circulation in the county. (b) (1) When the determination of questions in controversy in the proceedings is likely to retard the progress of construction, the court, or judge in vacation, shall designate an amount of money to be deposited by the municipal corporation, subject to the order of the court and for the purpose of making the compensation and paying damages when the amount thereof has been assessed. The court or judge shall designate the place of the deposit. (2) Whenever a deposit has been made in compliance with the order of the court or judge, it shall be lawful for the municipal corporation to enter upon the lands in controversy and proceed with its work of construction prior to the assessment and payment of damages and compensation. (1) When the determination of questions in controversy in the proceedings is likely to retard the progress of construction, the court, or judge in vacation, shall designate an amount of money to be deposited by the municipal corporation, subject to the order of the court and for the purpose of making the compensation and paying damages when the amount thereof has been assessed. The court or judge shall designate the place of the deposit. (2) Whenever a deposit has been made in compliance with the order of the court or judge, it shall be lawful for the municipal corporation to enter upon the lands in controversy and proceed with its work of construction prior to the assessment and payment of damages and compensation. Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., § 4009; Acts 1935, No. 155, § 1; Pope's Dig., § 5011; Acts 1953, No. 201, § 1; 1955, No. 53, § 1; A.S.A. 1947, § 35-902. ## Nearby sections - [Ark. Code Ann. § 18-15-301 Municipal corporations - Power to condemn generally - Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S3_S18-15-301.md) - [Ark. Code Ann. § 18-15-302 Municipal corporations - Power to condemn - Compensation for condemnation - Taking cemetery land](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S3_S18-15-302.md) - [Ark. Code Ann. § 18-15-303 Municipal corporations - Power to condemn - Proceedings - Controversy](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S3_S18-15-303.md) - [Ark. Code Ann. § 18-15-304 Hearing](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S3_S18-15-304.md) - [Ark. Code Ann. § 18-15-305 Payment of assessment - Disputes](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S3_S18-15-305.md) - [Ark. Code Ann. § 18-15-306 Verdict by jury](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S3_S18-15-306.md) - [Ark. Code Ann. § 18-15-307 Compensation for and possession of property](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S3_S18-15-307.md) - [Ark. Code Ann. § 18-15-308 Amount of award](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S3_S18-15-308.md) - [Ark. Code Ann. § 18-15-309 Flood control improvements](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S3_S18-15-309.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C15_S3_S18-15-303. Check the current official text before relying on it. Not legal advice.