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Real property

public easement

A public easement is an easement that gives all people (the public) the right to use and enjoy a tract of property such as a street, sidewalk, park, or beach.

In Arkansas, a public easement is a type of right-of-way granted to the general public to use and enjoy certain properties, such as streets, sidewalks, parks, or beaches. This legal concept allows for the public to pass over private lands without being considered trespassers. Public easements are typically established by a government entity through dedication, prescription, necessity, or condemnation. Dedication can occur when a landowner intentionally gives up the land for public use, while prescription may occur through long-term continuous and public use without the owner's explicit permission. Easements of necessity are created when there is no other reasonable passage to a property, and condemnation, or eminent domain, is when the government takes private property for public use, with compensation to the owner. Arkansas state statutes and case law govern the creation, scope, and enforcement of public easements. It's important to note that the maintenance and regulation of these easements are often the responsibility of local governments, and any obstructions or misuse can be subject to legal action.

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Real property

public easement

Individual & Family Legal Plan

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Arkansas State Code

Arkansas State Code

Real property

public easement

Articles