Legal Opinion
Opinion No.
Arkansas Attorney General Reports
Decided October 9, 2001Published
1Opinion of the Court
The Honorable Sarah S. Agee State Representative 11898 Sage Road Prairie Grove, AR 72753-9168
Dear Representative Agee:
This is in response to your request for an opinion on the following two questions:
1. Some cities and counties require utility and road easements when private property is divided. Does this requirement fall under the 5th Amendment of the United States Constitution and Article 2 Section 22 of the Arkansas Constitution, thereby requiring "just compensation" be paid?
2. Does the city have the authority to require an easement on divided property that is outside the corporate limits?
R…
2Cases cited43 opinions
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Perry v. SindermannSupreme Court of the United States · 1972
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
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