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15-20-314. Changes in property interests as result of dedication.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-20-314. Changes in property interests as result of dedication.
(a) Interests in land created by dedication shall be perpetual and may not be altered, changed, or modified unless the Arkansas Natural Heritage Commission shall find, after public notice and hearing, that:
(1) The particular change, alteration, or modification is required by imperative public necessity;
(2) There is no feasible and prudent alternative thereto; and
(3) All possible planning has been done to minimize harm caused to the system thereby.
(b) At least thirty (30) days' written notice of any such hearing shall be given to:
(1) The Governor;
(2) Each official advisor to the commission;
(3) Each member of the General Assembly; and
(4) Each person, organization, or entity that shall have requested notice.
(c) Any finding made by the commission as a result of such a hearing shall be subject to judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(d) No such alteration, change, or modification in any interest created by dedication shall become effective until the next regular session of the General Assembly following the fulfillment of this section shall have adjourned sine die.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-20-314
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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Record provenance
Stable record: arkansas_code:legal_authorities:15-20-314
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: fa7491707c4dc349b3e61cce94ea17c6b8de4722461cdd22ee670ebfb295e257
Source location: content.xml paragraph 12748
Stored source content
15-20-314. Changes in property interests as result of dedication.
(a) Interests in land created by dedication shall be perpetual and may not be altered, changed, or modified unless the Arkansas Natural Heritage Commission shall find, after public notice and hearing, that:
(1) The particular change, alteration, or modification is required by imperative public necessity;
(2) There is no feasible and prudent alternative thereto; and
(3) All possible planning has been done to minimize harm caused to the system thereby.
(b) At least thirty (30) days' written notice of any such hearing shall be given to:
(1) The Governor;
(2) Each official advisor to the commission;
(3) Each member of the General Assembly; and
(4) Each person, organization, or entity that shall have requested notice.
(c) Any finding made by the commission as a result of such a hearing shall be subject to judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(d) No such alteration, change, or modification in any interest created by dedication shall become effective until the next regular session of the General Assembly following the fulfillment of this section shall have adjourned sine die.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
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 25-15-201. This identifies an authority to review, not proof of applicability.