Answer to Condemnation Petition - Arkansas

ANSWER AND OBJECTION TO PETITION / COMPLAINT IN CONDEMNATION — ARKANSAS

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Responses to the Allegations of the Petition
4. General Denial
5. Affirmative Defenses and Objections
6. Objection to the Right to Take
7. Reservation of Right to Just Compensation, Damages, and Fees
8. Demand for Twelve-Person Jury on Compensation
9. Prayer for Relief
10. Verification
11. Signature and Service Blocks
12. Certificate of Service
13. Arkansas Practice Notes
14. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, ARKANSAS

[____] DIVISION

CASE NO. [________________________________]

ANSWER AND OBJECTION TO PETITION IN CONDEMNATION

2. INTRODUCTION

Defendant [RESPONDENT LANDOWNER NAME(S)] ("Landowner"), owner of an interest in the real property located at [ADDRESS / DESCRIPTION], [COUNTY] County, Arkansas (the "Subject Property"), answers the Petition / Complaint in Condemnation filed by [CONDEMNOR] ("Condemnor") and states:

3. RESPONSES TO THE ALLEGATIONS OF THE PETITION

Responding to the numbered paragraphs of the Petition:

Paragraph 1: ☐ Admitted ☐ Denied ☐ Without knowledge or information sufficient to form a belief, therefore denied. [________________________________]

Paragraph 2: ☐ Admitted ☐ Denied ☐ Without knowledge. [________________________________]

Paragraph 3 (public use): ☐ Admitted ☐ Denied — Landowner denies the taking is for a public use (Ark. Const. art. 2, § 22). [________________________________]

Paragraph 4 (authority): ☐ Admitted ☐ Denied — Landowner denies Condemnor is an entity authorized by law to exercise eminent domain (Ark. Code § 18-15-103(b)(3)). [________________________________]

Paragraph 5 (good-faith offer / assessment): ☐ Admitted ☐ Denied — Landowner denies that Condemnor provided the assessment and written good-faith offer required by Ark. Code § 18-15-103(b)(5)-(6) before filing. [________________________________]

Paragraph 6 (deposit / estimated compensation): ☐ Admitted ☐ Denied — [________________________________]

Paragraph 7 (just compensation): ☐ Admitted ☐ Denied — Landowner denies the amount alleged is just compensation. [________________________________]

(Continue, responding to every numbered allegation of the Petition.)

4. GENERAL DENIAL

Except as expressly admitted above, Landowner denies each and every allegation of the Petition and demands strict proof thereof.

5. AFFIRMATIVE DEFENSES AND OBJECTIONS

Landowner asserts the following without waiving any right to just compensation:

First Defense — No Public Use

☐ The proposed taking is not for a public use as required by Ark. Const. art. 2, § 22 and Ark. Code § 18-15-103(b)(2); it primarily benefits private interests.

Second Defense — Lack of Authority to Condemn

☐ Condemnor is not a governmental entity or a private entity authorized by law to exercise the power of eminent domain for the stated purpose (Ark. Code § 18-15-103(b)(3)).

Third Defense — Failure to Make the Required Assessment and Good-Faith Offer

☐ Condemnor failed to provide an assessment of just compensation and a written good-faith offer before initiating this proceeding, as required by Ark. Code § 18-15-103(b)(5)–(6).

Fourth Defense — Lack of Necessity / Excessive Taking

☐ The taking, or the quantity of property or interest sought, exceeds what is reasonably necessary for the stated public project.

Fifth Defense — Procedural and Notice Defects

☐ Condemnor failed to provide reasonable notice (§ 18-15-103(b)(4)) or otherwise comply with the procedural requirements of the governing condemnation statute.

Sixth Defense — Inadequate Compensation; Improper Valuation

☐ Any amount offered or deposited does not reflect just compensation, which for a partial taking is the difference between the fair market value of the whole immediately before the taking and the fair market value of the remainder immediately after.

Seventh Defense — Improper Valuation Date

☐ Condemnor relies on an improper date of valuation.

Eighth Defense — Reservation

☐ Landowner reserves the right to assert additional defenses revealed through discovery.

6. OBJECTION TO THE RIGHT TO TAKE

Landowner objects to Condemnor's right to take and requests that, before the question of compensation is reached, the Court determine that:

1. ☐ the taking is not for a public use (Ark. Const. art. 2, § 22; § 18-15-103(b)(2)); and/or

2. ☐ Condemnor is not authorized by law to condemn (§ 18-15-103(b)(3)); and/or

3. ☐ Condemnor failed the good-faith offer / assessment prerequisite of § 18-15-103(b)(5)–(6); and/or

4. ☐ the property or interest sought is greater than necessary for the stated purpose.

Landowner requests that the Court dismiss the Petition or limit the property taken.

7. RESERVATION OF RIGHT TO JUST COMPENSATION, DAMAGES, AND FEES

Without waiving the foregoing objections, and if the taking is allowed, Landowner reserves and demands full just compensation under Ark. Const. art. 2, § 22:

Landowner reserves the right to withdraw any sum deposited by Condemnor and to proceed to a jury trial on just compensation (Ark. Code § 27-67-314, § 27-67-316), to interest, to relocation benefits required by law, and to costs, expenses, and reasonable attorney's and appraisal/expert fees if the compensation awarded exceeds Condemnor's written good-faith offer by twenty percent (20%) or more (Ark. Code § 18-15-103(b)(11)(A); for highway takings, § 27-67-317), subject to the county/municipality exception of § 18-15-103(b)(11)(B).

8. DEMAND FOR TWELVE-PERSON JURY ON COMPENSATION

☐ Landowner demands a trial by a jury of twelve (12) persons to determine just compensation, as guaranteed by Ark. Code § 18-15-103(b)(9) and Ark. Const. art. 2, § 7.

9. PRAYER FOR RELIEF

WHEREFORE, Landowner respectfully requests that this Court:

1. ☐ Determine that the taking is not for a public use, that Condemnor lacks authority, or that Condemnor failed the § 18-15-103(b)(5)–(6) prerequisites, and dismiss the Petition;

2. ☐ In the alternative, limit the property taken to that which is necessary;

3. ☐ If a taking is allowed, award full just compensation and damages to the remainder by a twelve-person jury in an amount not less than $[____________];

4. ☐ Award interest, relocation benefits, and — if the award exceeds Condemnor's good-faith offer by 20% or more — costs, expenses, and reasonable attorney's and appraisal/expert fees (§ 18-15-103(b)(11); § 27-67-317);

5. ☐ Permit withdrawal of any deposited compensation without waiver of the jury trial; and

6. ☐ Grant such other and further relief as is just and proper.

10. VERIFICATION

STATE OF ARKANSAS

COUNTY OF [________________________________]

I, [RESPONDENT NAME], state that I am the Defendant/Landowner (or authorized representative), that I have read the foregoing Answer and Objection, and that the facts stated are true and correct to the best of my knowledge, information, and belief.

[________________________________]
[RESPONDENT NAME]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public — My commission expires: [__/__/____]

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Arkansas Bar No. [________]

Attorney for Defendant/Landowner

[STREET ADDRESS] • [CITY, STATE ZIP]

Telephone: [NUMBER] • Email: [EMAIL]

12. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing was served on Condemnor's counsel of record by:

☐ Hand delivery ☐ U.S. Mail, postage prepaid ☐ Certified mail, return receipt requested ☐ Electronic service via eFlex / [system]

[CONDEMNOR'S COUNSEL — NAME, ADDRESS]

[________________________________]
[ATTORNEY NAME]

13. ARKANSAS PRACTICE NOTES

• Statutes and forum. Eminent domain is governed by Ark. Code § 18-15-101 et seq., with the Property Owner Bill of Rights in § 18-15-103, municipal authority in § 18-15-301, and the State Highway Commission's procedure in § 27-67-301 et seq. (highway petition filed in circuit court, § 27-67-311). Actions are filed in the circuit court of the county where the land lies.
• Answer deadline. As an ordinary civil action, the answer is due under Ark. R. Civ. P. 12 — generally 30 days after service of summons and complaint (the State and out-of-state defendants receive longer). Confirm from the summons; failure to answer risks default.
• Pre-suit good-faith offer and assessment (key defense). Under § 18-15-103(b)(5)–(6), the condemnor must provide an assessment of just compensation before or with a written good-faith offer, and must make that written good-faith offer before filing. Noncompliance is a defense.
• Right to take. Public use and authority may be challenged (§ 18-15-103(b)(2)–(3); Ark. Const. art. 2, § 22), but Arkansas courts construe public use broadly and afford the condemnor deference on necessity absent fraud, bad faith, or gross abuse of discretion. Treat public-use/necessity challenges as fact-dependent and verify current case law.
• Deposit, possession, withdrawal. In highway takings, on filing a declaration of taking and depositing estimated compensation with the circuit clerk, the State obtains right of entry (§ 27-67-314). The owner may withdraw the deposit and still proceed to a jury trial on just compensation (§ 27-67-316).
• Compensation: twelve-person jury. Just compensation is fixed by a jury of twelve (§ 18-15-103(b)(9)). For a partial taking, the measure is the before-value of the whole minus the after-value of the remainder.
• Attorney-fee recovery (with exception). If the compensation awarded exceeds the condemnor's written good-faith offer by 20% or more, the owner recovers costs, expenses, and reasonable attorney's and appraisal/expert fees (§ 18-15-103(b)(11)(A); highway: § 27-67-317). Counties and municipalities are exempt — fees in their condemnations are governed by their own authorizing laws (§ 18-15-103(b)(11)(B)). Confirm which condemnor is involved before relying on the fee provision.
• Valuation date. Confirm the controlling valuation date for the specific taking and any declaration-of-taking/deposit procedure.

14. SOURCES AND REFERENCES

• Ark. Code Ann. § 18-15-103 (Property Owner Bill of Rights) — https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-15-103/
• Ark. Code Ann. § 18-15-301 (municipal power to condemn) — https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-15-301/
• Ark. Code Ann. § 27-67-311 (highway petition in circuit court); § 27-67-314 (right of entry on deposit; withdrawal); § 27-67-317 (fees)
• Ark. Const. art. 2, § 22 (taken, appropriated, or damaged); art. 12, § 9
• Shannon, "Eminent Domain: Summary of Recent Legislative Changes (2013/2015)" (12-person jury; 20% fee threshold; good-faith offer + assessment)
• Ark. R. Civ. P. 12 (time to answer)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Arkansas must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.