43.1021 Complaint-Caption and contents-Names of defendants.

Cite as [A.S.C.A. § 43.1021]

(a) The complaint shall contain a caption setting forth the name of the court, the title of the action, the file number and the designation “Complaint”.

(b) The government shall name as defendants the property, designated generally by kind, quantity and location, and at least one of the owners of some part or interest in the property.

(c) The complaint shall contain a short and plain statement of the authority for the taking, the use for which the property is to be taken, a description of the property sufficient for its identification, the interests to be acquired, and, as to each separate piece of property, a designation of the defendants who have been joined as owners thereof or of some interest therein.

(d) Upon commencement of the action, the government need join as defendants only those persons having or claiming an interest in the property whose names are then known, but prior to any hearing involving the compensation to be paid for a piece of property the government shall add as defendants all persons having or claiming to have an interest in that property whose names can be ascertained by a reasonable diligent search of the records, considering the character and value of the property involved and the interests to be acquired, and also those whose names have otherwise been learned. All others may be made defendants under the designation “unknown owners”.

History: 1962, PL 7-25; 1967, PL 10-25.