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18-15-201. Power to condemn for parks, boulevards, and public buildings — Improvement districts.

Arkansas Code — all titles (historical 2020) · legal_authorities

18-15-201. Power to condemn for parks, boulevards, and public buildings — Improvement districts.

18-15-201. Power to condemn for parks, boulevards, and public buildings — Improvement districts. (a)(1) The right of eminent domain is granted to municipal corporations and to counties to condemn property for the purpose of parks, boulevards, and public buildings. (2) In case of municipal corporations, the parks and boulevards may be situated at a distance of not exceeding five (5) miles from the corporate limits and shall remain under the jurisdiction of the municipal corporation. (b)(1) Improvement districts may be organized under § 14-88-201 et seq. to aid the municipal corporations to acquire the parks and boulevards. (2)(A) The improvement districts may embrace the whole or any part of the territory of such municipal corporations. (B) The improvement districts may embrace territory benefited outside of the municipal corporations if a majority in value of the owners of real property in the adjacent territory and a majority in value of the owners of real property in that portion of the district within the municipal corporation shall file with the city or town council a petition thereof in the manner provided by Acts 1889, No. 18, § 2 [repealed]. (c) The proceedings for the condemnation shall be in accordance with §§ 18-15-301 — 18-15-307.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-201

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. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:18-15-201
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7c2522d76ed10ef170a0b13ca87737207ff2c06d4619419c6ebbf9e8f4c5fd72

Source location: content.xml paragraph 3345

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18-15-201. Power to condemn for parks, boulevards, and public buildings — Improvement districts. (a)(1) The right of eminent domain is granted to municipal corporations and to counties to condemn property for the purpose of parks, boulevards, and public buildings. (2) In case of municipal corporations, the parks and boulevards may be situated at a distance of not exceeding five (5) miles from the corporate limits and shall remain under the jurisdiction of the municipal corporation. (b)(1) Improvement districts may be organized under § 14-88-201 et seq. to aid the municipal corporations to acquire the parks and boulevards. (2)(A) The improvement districts may embrace the whole or any part of the territory of such municipal corporations. (B) The improvement districts may embrace territory benefited outside of the municipal corporations if a majority in value of the owners of real property in the adjacent territory and a majority in value of the owners of real property in that portion of the district within the municipal corporation shall file with the city or town council a petition thereof in the manner provided by Acts 1889, No. 18, § 2 [repealed]. (c) The proceedings for the condemnation shall be in accordance with §§ 18-15-301 — 18-15-307.

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Arkansas Code — all titles (historical 2020) · legal_authorities

14-88-201. Applicability.

14-88-201. Applicability. (a) The provisions of § 14-88-202 shall extend to any municipal improvement district formed or created. (b) The formation and creation of these districts is authorized, in whole or in part, outside of any city of the first or second class or incorporated town.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-88-201

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 14-88-201. 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.

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

18-15-307. Compensation for and possession of property.

18-15-307. Compensation for and possession of property. (a) As soon as the amount of compensation that may be due to the owners of the property taken, or to any of them, shall have been ascertained by the jury, the court shall make such order as to its payment or deposit as shall be deemed right and proper in respect to the time and place of payment and the proportion to which each owner is entitled and may require adverse claimants of any part of the money or property to interplead, so as to fully settle and determine their rights and interests according to equity and justice. (b) The court may direct the time and manner in which possession of the property condemned shall be taken or delivered and may, if necessary, enforce any order giving possession. (c) The costs occasioned by the assessment shall be paid by the corporation, and, as to the other costs which may arise, they shall be charged or taxed as the court may direct. (d)(1) No delay in making an assessment of compensation or in taking possession shall be occasioned by any doubt which may arise as to ownership of the property, or any part thereof, or as to the interests of the respective owners. (2) However, in cases in which ownership of the property is doubted, the court shall require a deposit of the money allowed as compensation for the whole property in dispute. (e) In all cases, as soon as the corporation has paid the compensation assessed or secured the payment by a deposit of money under the order of the court, possession of the property may be taken and the public work or improvement progress.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-307

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 18-15-307. This identifies an authority to review, not proof of applicability.