Browse Arkansas Code titles and sections
15-20-403. Applicability and construction.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-20-403. Applicability and construction.
(a) This subchapter applies to any interest created after July 4, 1983, which complies with this subchapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise.
(b) This subchapter applies to any interest created before July 4, 1983, if it would have been enforceable had it been created after July 4, 1983, unless retroactive application contravenes the Arkansas Constitution, United States Constitution, or laws of this state or the United States.
(c) This subchapter does not invalidate any otherwise valid interest, whether designated as a conservation easement or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, which was created under §§ 15-20-301 — 15-20-308, 15-20-310, and 15-20-312 — 15-20-316, Acts 1975, No. 882 [repealed], or any other law of this state.
(d)(1) This subchapter shall not be construed to imply that any restriction, easement, covenant, or condition which does not come within the purview of this subchapter, on account of any provisions hereof, shall be unenforceable.
(2) Nothing in this subchapter shall diminish the powers granted by any general or special law to acquire by purchase, gift, eminent domain, or otherwise and to use land for public purposes.
(3) Nothing in this subchapter shall be construed to repeal or diminish any of the powers, functions, or responsibilities of any state agency, county, city of the first class or city of the second class, or incorporated town.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-20-403
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:15-20-403
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 50ab45e7406dd11f8cfaea2f03949345056cd3cca16993d0d41df505a5f961a5
Source location: content.xml paragraph 12834
Stored source content
15-20-403. Applicability and construction.
(a) This subchapter applies to any interest created after July 4, 1983, which complies with this subchapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise.
(b) This subchapter applies to any interest created before July 4, 1983, if it would have been enforceable had it been created after July 4, 1983, unless retroactive application contravenes the Arkansas Constitution, United States Constitution, or laws of this state or the United States.
(c) This subchapter does not invalidate any otherwise valid interest, whether designated as a conservation easement or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, which was created under §§ 15-20-301 — 15-20-308, 15-20-310, and 15-20-312 — 15-20-316, Acts 1975, No. 882 [repealed], or any other law of this state.
(d)(1) This subchapter shall not be construed to imply that any restriction, easement, covenant, or condition which does not come within the purview of this subchapter, on account of any provisions hereof, shall be unenforceable.
(2) Nothing in this subchapter shall diminish the powers granted by any general or special law to acquire by purchase, gift, eminent domain, or otherwise and to use land for public purposes.
(3) Nothing in this subchapter shall be construed to repeal or diminish any of the powers, functions, or responsibilities of any state agency, county, city of the first class or city of the second class, or incorporated town.
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Arkansas Code — all titles (historical 2020) · legal_authorities
15-20-301. Title.
This subchapter may be cited and referred to as the “Arkansas Environmental Quality Act of 1973”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-20-301
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 15-20-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-20-308. Commission — Rights, powers, and duties.
The Arkansas Natural Heritage Commission shall have the following rights, powers, and duties:
(1) To choose lands, waters, and interests therein to be acquired in the manner set forth elsewhere in this subchapter for inclusion in the system, in accordance with criteria specified in § 15-20-310;
(2)(A)(i) To acquire, by purchase, gift, devise, grant, dedication, as hereinafter defined, or otherwise, the fee or other interest in real property for inclusion in the system.
(ii) However, the commission shall not have the power of eminent domain.
(B) The commission shall retain fee title or convey that title to such agency or department of the state as it may select, after due consideration of:
(i) The particular characteristics of a natural area;
(ii) The type and extent of management required to maintain that area in its natural condition;
(iii) The types and extent of activity permissible which are consistent with preservation of natural heritage; and
(iv) Other factors;
(3) To acquire and hold any interest in real property less than fee, including environmental or scenic easements;
(4)(A) To establish and from time to time amend such policies and rules for the selection, acquisition, management, protection, and use of the system as it may find necessary or appropriate to preserve the lands or interests therein acquired under this subchapter and carry out the policies of this subchapter.
(B) These policies and rules shall prevail, in the event of conflict, over any policies, rules, and practices of any agency or department that may receive title to any portion of the system;
(5) To cooperate and contract with any federal, state, or local governmental agency, private organization, or individual;
(
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-20-308
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 15-20-308. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-20-310. Acquisition of natural areas properties — Categories.
(a) In choosing lands, waters, and interests therein for acquisition for the system, the Arkansas Natural Heritage Commission shall observe the policies set forth in § 15-20-302.
(b) The following categories of real property shall be eligible for inclusion in the system:
(1) Areas representative of the various types of lands and habitats typical of those portions of the state still substantially untrammeled by the works of humans;
(2) Areas of substantially undisturbed natural quality;
(3) Areas containing habitat for rare, vanishing, or endangered species, subspecies, or populations of animals or plants;
(4) Areas of unusual aesthetic or ecological quality along the banks of rivers, lakes, or streams;
(5) Areas in private ownership within the boundaries of national forests, wildlife refuges, state wildlife management areas, or similar publicly owned or administered areas;
(6) Swamps, overflow lands, flood plains, or wetlands of unusual aesthetic or ecological quality;
(7) Areas necessary or desirable to serve as buffer zones to protect other portions of the system; and
(8) Any other lands, waters, or interests therein listed in the Registry of Natural Areas.
(c) No acquisition of lands, waters, or any interests therein, whether by dedication or otherwise, shall become effective until after the Governor shall have received thirty (30) days' notice in writing.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-20-310
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 15-20-310. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-20-312. Dedication of property — Definition.
(a) As used in this subchapter, “dedication” means the creation of a scenic, conservation, or environmental easement to be vested in and legally enforceable by the Arkansas Natural Heritage Commission.
(b) Dedication may be either donative or for a consideration.
(c) The owner of the fee title to certain real property, whether a private individual, a private organization, or a public or governmental agency or department, may impress such an easement upon his, her, or its property by executing and delivering to the commission, with its consent, articles of dedication specifying the terms and conditions of the easement.
(d)(1) Articles of dedication shall be in writing, under seal, and acknowledged.
(2) The commission shall cause the articles to be recorded by the recorder of deeds in each county wherein any portion of the property affected by the articles shall lie.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-20-312
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 15-20-312. This identifies an authority to review, not proof of applicability.