Arkansas Condemnation Clause

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Multi-State
Control #:
US-OL11015A
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Description

This office lease clause is a condemnation clause that illustrates a mild effort to deal with some of the issues In the event the whole of the building or a substantial part of the building is condemned.


The Arkansas Condemnation Clause refers to a legal provision that provides compensation and protection to property owners in the event of their property being taken or damaged by the government through the process of eminent domain. This clause ensures that fair and just compensation is provided to property owners when their land, buildings, or other structures are condemned for public use. Key elements of the Arkansas Condemnation Clause include the requirement for the government to utilize eminent domain powers sparingly and only when the public interest is at stake. The clause also mandates that property owners must be adequately compensated for the loss of their property, taking into consideration factors such as the property's value, potential uses, and any attributable expenses resulting from the condemnation process. There are different types of Arkansas Condemnation Clauses, depending on the circumstances and purposes for which the government is exercising its eminent domain powers. Some common types include: 1. Direct Condemnation: This occurs when the government directly acquires private property for public purposes, such as road expansion, construction of public buildings, or utility installations. In such cases, property owners are entitled to receive fair market value for the condemned property. 2. Inverse Condemnation: Inverse condemnation occurs when a property owner claims that the government has essentially taken or damaged their property without going through the formal eminent domain process. This can arise when government actions, such as zoning ordinances or excessive regulations, substantially restrict or reduce the property's value. Inverse condemnation claims allow property owners to seek compensation for the loss or reduction in value caused by government actions. 3. Regulatory Condemnation: This type of condemnation refers to situations where government regulations significantly restrict the use or value of a property, rendering it virtually unusable or greatly diminishing its value. Property owners may be entitled to compensation if they can demonstrate that the regulations have resulted in a taking of their property rights without just compensation. The Arkansas Condemnation Clause aims to strike a balance between the government's power to acquire property for public use and the protection of property owners' rights.

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FAQ

Condemnation, also called eminent domain or a ?taking,? is the right of a government or its agent to take private property for public use, with payment of compensation. In a condemnation action, the government takes both physical possession and legal title to the property.

Criminal Offenses § 5-62-103. Offense of cruelty to animals. (6) Carries or causes to be carried in or upon any motorized vehicle or boat an animal in a cruel or inhumane manner.

Terroristic threatening. (1) A person commits the offense of terroristic threatening in the first degree if: (A) With the purpose of terrorizing another person, the person threatens to cause death or serious physical injury or substantial property damage to another person; or.

Theft of property. (2) Obtains the property of another person by deception or by threat with the purpose of depriving the owner of the property. (C) The property is a decorative or memorial item from a cemetery, graveyard, or a person's grave site.

Theft of Services (AR Code §5-36-104): You may face a theft of services charge if, with the intent to defraud another person or business, you obtain services you know are available for compensation by the use of threats, deception, or other methods to avoid payment.

(a) The State Highway Commission may exercise its power of eminent domain by filing an appropriate petition in condemnation in the circuit court of the county in which the property sought to be taken is situated, to have the compensation for right-of-way determined, giving the owner of the property to be taken at least ...

Theft of property. (2) Obtains the property of another person by deception or by threat with the purpose of depriving the owner of the property. (C) The property is a decorative or memorial item from a cemetery, graveyard, or a person's grave site.

In the simplest terms, condemnation is when a government agency, or a private agency with eminent domain, tries to assert ownership over private property. This means these agencies lay claim to the property, in exchange for ?just compensation?.

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(a) (1) When the operating authority determines to condemn property, it shall file an application in the circuit court of the county where any portion of the ... Below are ordinances to (1) clean up vacant property and. (2) provide for the condemnation of structures along with a form ... in Arkansas, then a copy of the ...Jul 9, 2021 — Complete condemnation of a property will terminate a lease because ... It is common for a condemnation clause to appear in a commercial and a ... Section 14-120-309 - Eminent domain by the United States (a) The State of Arkansas agrees that the United States of America, the Secretary of the Army of ... Feb 21, 2023 — ... in the City of Little Rock, Arkansas, identified in this ... the structure condemned in this ordinance and to file and enforce a lien against the. ... filled with dozens of statutes granting specific entities the power of eminent domain. It is important to confirm at the outset of any condemnation case that ... by F Miller · 2022 — ... the Legal Issues in Arkansas | 6. Page 7. Avoiding Adverse Possession and Condemnation ... language in the deed itself (such as a joint survivorship clause). Aug 17, 2023 — Because the law gives the landlord such broad rights to enter, you may want to have a lease provision limiting entry to reasonable times and ... May 21, 2020 — Welcome to the City of Elkins, Arkansas ... AN ORDINANCE PROVIDING FOR THE CONDEMNATION AND REMOVAL OF ... At this time a deed is prepared for conveying the property to the Arkansas State ... The petition of condemnation is filed in the circuit court of the county ...

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Arkansas Condemnation Clause