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15-24-107. Eminent domain.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-24-107. Eminent domain.
(a) The Arkansas Natural Resources Commission, when necessary for the purpose of this chapter, shall have a dominant right of eminent domain over the right of eminent domain of railroads, telegraph, telephone, gas, water power, and other companies and corporations and over counties, townships, cities, and villages.
(b) In the exercise of this right, due care shall be taken to cause no unnecessary damage to other public utilities.
(c)(1) The commission shall also have the right to condemn for the use of any project any land or property necessary for the purpose of this chapter and appropriate the land or property in the same manner as lands, rights-of-way, and easements are acquired by the Arkansas Department of Transportation.
(2) No power of eminent domain nor appropriation shall exist in the commission over any lands or property within the boundaries of any levee district or drainage district now existing or hereafter organized.
(3) Nor shall the powers of eminent domain vested in any levee district or drainage district be limited in any manner by this chapter unless by the voluntary consent of the levee district or drainage district through its governing board by contract, to be approved and recorded in the manner provided in this chapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-24-107
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:15-24-107
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c67df2c70ab123516cd00ffbd9cb6136788ee204140a5929ed3740747140d40f
Source location: content.xml paragraph 18231
Stored source content
15-24-107. Eminent domain.
(a) The Arkansas Natural Resources Commission, when necessary for the purpose of this chapter, shall have a dominant right of eminent domain over the right of eminent domain of railroads, telegraph, telephone, gas, water power, and other companies and corporations and over counties, townships, cities, and villages.
(b) In the exercise of this right, due care shall be taken to cause no unnecessary damage to other public utilities.
(c)(1) The commission shall also have the right to condemn for the use of any project any land or property necessary for the purpose of this chapter and appropriate the land or property in the same manner as lands, rights-of-way, and easements are acquired by the Arkansas Department of Transportation.
(2) No power of eminent domain nor appropriation shall exist in the commission over any lands or property within the boundaries of any levee district or drainage district now existing or hereafter organized.
(3) Nor shall the powers of eminent domain vested in any levee district or drainage district be limited in any manner by this chapter unless by the voluntary consent of the levee district or drainage district through its governing board by contract, to be approved and recorded in the manner provided in this chapter.
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