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14-169-802. Power of eminent domain.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-169-802. Power of eminent domain.
(a)(1)(A) Any urban renewal agency in this state created pursuant to the provisions of §§ 14-169-601 — 14-169-609, 14-169-702, 14-169-708 — 14-169-713, and 14-169-801 shall have the power of eminent domain to carry out urban renewal plan objectives.
(B) The procedure to be followed by the urban renewal agency to acquire property by eminent domain shall be that the board of commissioners shall, by resolution, declare that:
(i) The acquisition of certain real property is necessary for urban renewal plan objectives which have been approved by the governing body of the municipal government after a public hearing;
(ii) Negotiations for acquisition have been unsuccessful; and
(iii) Suit is authorized to condemn the property.
(2) An urban renewal agency may exercise the power of eminent domain in the manner prescribed by law for condemnation by railroad corporations in this state as prescribed by §§ 18-15-1202 — 18-15-1207 and acts amendatory thereof or supplementary thereto; the urban renewal agency may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.
(b) It is the intent of this section to affirm the power of urban renewal agencies to exercise the power of eminent domain to acquire real property to carry out urban renewal plan objectives.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-169-802
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-169-802
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 06f11d977ba04989b1e4e8272bc20dc6bba2a6f2e30e5c1e3d563c26d7a0f7e7
Source location: content.xml paragraph 40890
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14-169-802. Power of eminent domain.
(a)(1)(A) Any urban renewal agency in this state created pursuant to the provisions of §§ 14-169-601 — 14-169-609, 14-169-702, 14-169-708 — 14-169-713, and 14-169-801 shall have the power of eminent domain to carry out urban renewal plan objectives.
(B) The procedure to be followed by the urban renewal agency to acquire property by eminent domain shall be that the board of commissioners shall, by resolution, declare that:
(i) The acquisition of certain real property is necessary for urban renewal plan objectives which have been approved by the governing body of the municipal government after a public hearing;
(ii) Negotiations for acquisition have been unsuccessful; and
(iii) Suit is authorized to condemn the property.
(2) An urban renewal agency may exercise the power of eminent domain in the manner prescribed by law for condemnation by railroad corporations in this state as prescribed by §§ 18-15-1202 — 18-15-1207 and acts amendatory thereof or supplementary thereto; the urban renewal agency may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.
(b) It is the intent of this section to affirm the power of urban renewal agencies to exercise the power of eminent domain to acquire real property to carry out urban renewal plan objectives.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-169-601. Legislative declarations.
It is found and declared that:
(1) There exists in many communities within this state blighted areas, as defined in § 14-169-604, or areas in the process of becoming blighted;
(2)(A) Such areas impair economic values and tax revenues;
(B) Such areas cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state; and
(C) These conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, and accident protection, and other public services and facilities;
(3) The clearance, replanning, and preparation for rebuilding of these areas and the prevention or the reduction of blight and its causes are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern;
(4)(A) Redevelopment activities will stimulate residential construction which is closely correlated with general economic activity; and
(B) Such undertakings authorized by this subchapter will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in achieving and maintaining full employment; and
(5)(A) It is in the public interest that advance preparation for such projects and activities be made; and
(B) The necessity in the public interest for the provisions enacted in this subchapter is declared as a matter of legislative determination.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-169-601
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-169-601. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-169-609. Use of land in project.
(a)(1) The authority may make land in a redevelopment project available for use by private enterprise or public agencies in accordance with the redevelopment plan.
(2) The land may be made available at its use value, which represents the value, whether expressed in terms of rental or capital price, at which the authority determines the land should be made available in order that it may be developed or redeveloped for the purposes specified in the plan.
(b)(1) To assure that land acquired in a redevelopment project is used in accordance with the redevelopment plan, an authority, upon the sale or lease of the land, shall obligate purchasers or lessees to:
(A) Use the land for the purpose designated in the redevelopment plan;
(B) Begin the building of their improvements within a period of time which the authority fixes as reasonable; and
(C) Comply with such other conditions as are necessary to carry out the purposes of this subchapter.
(2) Any such obligations by the purchaser shall be covenants and conditions running with the land where the authority so stipulates.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-169-609
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-169-609. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-169-702. Definitions.
As used in §§ 14-169-708 — 14-169-713, unless the context otherwise requires:
(1) “Governing body” means the legislative body of a municipality;
(2) “Housing authority” means any public corporation created under § 14-169-207;
(3) “Municipality” means a city of the first class, a city of the second class, or an incorporated town; and
(4) “Undertaken” means:
(A) Real property has been purchased for the urban renewal project;
(B) A contract for the purchase of real property for the urban renewal project has been executed; or
(C) A housing authority has received funds for the planning or execution of the urban renewal project.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-169-702
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-169-702. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-169-708. Adoption of powers by municipality.
(a) Notwithstanding any other provisions in this subchapter, it is provided that in any municipality in this state where on January 10, 1961, a housing authority has not been established or a housing authority is established but the authority has not undertaken an urban renewal project, the municipality may, if the local governing body, by resolution, determines such action to be in the public interest, elect to have the same powers with respect to urban renewal and redevelopment that are conferred on a housing authority by §§ 14-169-601 — 14-169-609, 14-169-701, and 14-169-703 — 14-169-707, to be exercised by an urban renewal agency created by § 14-169-709 or by a housing authority if one is authorized for, or subsequently established in, the municipality.
(b) In the event the local governing body makes such determination, the urban renewal agency or the housing authority, as the case may be, shall be vested with all such urban renewal powers as are conferred by this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-169-708
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-169-708. This identifies an authority to review, not proof of applicability.