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14-235-210. Power of eminent domain.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-235-210. Power of eminent domain.
(a)(1) Under this subchapter, every municipality shall have power to condemn any works to be acquired and any land, rights, easements, franchises, and other property, real or personal, deemed necessary or convenient for the construction of any works, or for extensions, improvements, or additions to them. In this connection, they may have and exercise all the rights, powers, and privileges of eminent domain granted to municipalities under the laws relating to them.
(2) Title to property condemned shall be taken in the name of the municipality.
(3) Proceedings for such appropriation of property shall be under and pursuant to the provisions of §§ 18-15-301 — 18-15-303 and any acts supplemental to it. However, a municipality shall be under no obligation to accept and pay for any property condemned or purchased except from the funds provided pursuant to this subchapter.
(4)(A) In any proceedings to condemn, such orders may be made as may be just to the municipality and to the owners of the property to be condemned.
(B) An undertaking or other security may be required securing the owners against any loss or damage to be sustained by reason of the failure of the municipality to accept and pay for the property. However, the undertaking or security shall impose no liability upon the municipality except such as may be paid from the funds provided under the authority of this subchapter.
(b) In event of the acquisition by purchase, the sewer committee may obtain and exercise an option from the owner of the property for the purchase of it, or may enter into a contract for the purchase of it, and the purchase may be made upon such terms and conditions, and in such manner, as the committee may deem proper.
(c) In event of the acquisit
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-235-210
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:14-235-210
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e3257f25c3c4cbb20c54c1419d6241cda98b188756928d1ff3316ad958626981
Source location: content.xml paragraph 49322
Stored source content
14-235-210. Power of eminent domain.
(a)(1) Under this subchapter, every municipality shall have power to condemn any works to be acquired and any land, rights, easements, franchises, and other property, real or personal, deemed necessary or convenient for the construction of any works, or for extensions, improvements, or additions to them. In this connection, they may have and exercise all the rights, powers, and privileges of eminent domain granted to municipalities under the laws relating to them.
(2) Title to property condemned shall be taken in the name of the municipality.
(3) Proceedings for such appropriation of property shall be under and pursuant to the provisions of §§ 18-15-301 — 18-15-303 and any acts supplemental to it. However, a municipality shall be under no obligation to accept and pay for any property condemned or purchased except from the funds provided pursuant to this subchapter.
(4)(A) In any proceedings to condemn, such orders may be made as may be just to the municipality and to the owners of the property to be condemned.
(B) An undertaking or other security may be required securing the owners against any loss or damage to be sustained by reason of the failure of the municipality to accept and pay for the property. However, the undertaking or security shall impose no liability upon the municipality except such as may be paid from the funds provided under the authority of this subchapter.
(b) In event of the acquisition by purchase, the sewer committee may obtain and exercise an option from the owner of the property for the purchase of it, or may enter into a contract for the purchase of it, and the purchase may be made upon such terms and conditions, and in such manner, as the committee may deem proper.
(c) In event of the acquisition of any works already constructed by purchase or condemnation, the committee, at or before the time of the adoption of the ordinance described in § 14-235-213, shall cause to be determined what repairs, replacements, additions, and betterments will be necessary in order that the works may be effective for their purpose. An estimate of the cost of these improvements shall be included in the estimate of cost required by § 14-235-213, and improvement shall be made upon the acquisition of the works and as a part of the cost of them.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-235-213. Enactment of ordinance before construction or acquisition.
Before any municipality shall construct or acquire any works under this subchapter, the municipal council shall enact ordinances which shall:
(1) Set forth:
(A) A brief and general description of the works proposed to be constructed or purchased; and
(B) If the works are to be constructed, a reference to the preliminary report or plans and specifications which shall theretofore have been prepared and filed with the clerk or recorder by an engineer chosen by such council;
(2) Set forth:
(A) The cost of the works estimated by the engineer chosen as prescribed; or
(B) The purchase price if the works are to be purchased;
(3) Order the construction or acquisition of the works, in which connection the ordinance will recite that the terms of the construction or acquisition, so far as they are not set out in the ordinance, will thereafter be fixed by the council or sewer committee;
(4) State the names of the members of the sewer committee to have charge of the works and the construction or acquisition of them;
(5) Direct that revenue bonds of the municipality shall be issued pursuant to this subchapter in such an amount as may be found necessary to pay the cost of the works; and
(6) Contain such other provisions as may be necessary in the premises.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-235-213
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 14-235-213. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-301. Municipal corporations — Power to condemn generally — Definitions.
(a) The right and power of eminent domain is conferred upon municipal corporations to enter upon, take, and condemn private property for the construction of wharves, levees, parks, squares, market places, or other lawful purposes.
(b)(1) For waterworks systems, it shall be no objection to the exercise of power that the property to be condemned is located in a different county from the municipal corporation.
(2) In addition, for electric transmission systems and electric distribution systems, it shall be no objection to the exercise of power that the property to be condemned is located outside the corporate limits of the municipal corporation or in a county other than the one wherein the municipal corporation is located.
(3) A municipal corporation shall have the power of eminent domain for its electric transmission system and electric distribution system, outside of its corporate limits without annexation of such territory, regardless of whether the territory has been allocated to an electric public utility or electric cooperative corporation, pursuant to a certificate of convenience and necessity or other authority from the Arkansas Public Service Commission, as long as the electric transmission system or electric distribution system being constructed by the municipal corporation is only for the purpose of serving customers of the municipal corporation and not for the purpose of serving electric public utility customers or electric cooperative customers at retail inside the territory allocated to an electric public utility or electric cooperative corporation pursuant to a certificate of convenience and necessity or other authority from the commission.
(4)(A) Before a municipal corpo
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-301
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 18-15-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-303. Municipal corporations — Power to condemn — Proceedings — Controversy.
(a)(1) When it shall be deemed necessary by any municipal corporation to enter upon or take private property for a permitted purpose, an application in writing shall be made to the circuit court of the proper county, or the judge thereof in vacation, describing as correctly as may be the property to be taken, the object proposed, and the name of the owner of each lot or parcel thereof.
(2) Notice of the time and place of the application shall be given either personally in the ordinary manner of serving process or by publishing a copy of the application with a statement of the time and place at which it is to be made. Notice shall be published for three (3) weeks preceding the time of the application in some newspaper of general circulation in the county.
(b)(1) When the determination of questions in controversy in the proceedings is likely to retard the progress of construction, the court, or judge in vacation, shall designate an amount of money to be deposited by the municipal corporation, subject to the order of the court and for the purpose of making the compensation and paying damages when the amount thereof has been assessed. The court or judge shall designate the place of the deposit.
(2) Whenever a deposit has been made in compliance with the order of the court or judge, it shall be lawful for the municipal corporation to enter upon the lands in controversy and proceed with its work of construction prior to the assessment and payment of damages and compensation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-303
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 18-15-303. This identifies an authority to review, not proof of applicability.