LegalFix

§ 18-60-903. Hearing -- Order -- Appeal

AR Code § 18-60-903 (2018) (N/A)
Copy with citation
Copy as parenthetical citation

(a) At the hearing, the county court shall hear all interested parties and, if the court determines that the easement has not been used by the public utility for a period of at least five (5) years and that vacating the easement would not be against the interest of the public, the court shall enter an order vacating the easement and establishing the amount of just compensation for the easement.

(b) The finding and order of the county court shall be conclusive on all parties having or claiming any rights or interest in the easement.

(c)

(1) Within thirty (30) days from the entry of the county court order, an appeal may be taken to the circuit court, where a trial de novo without a jury shall be conducted by the judge of the circuit court.

(2) An appeal may be taken from the circuit court to the Supreme Court within thirty (30) days from the entry of the order.

(d) The cost of the publication of the notice, the cost of recording of the orders, and the court costs shall be paid by the petitioners, except that the court cost necessitated by an appeal shall be paid by the party or parties who unsuccessfully contest the petition.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 18-60-903. Hearing -- Order -- Appeal