Browse Arkansas Code titles and sections
18-15-202. Counties — Power to condemn for water and sewer facilities.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-202. Counties — Power to condemn for water and sewer facilities.
(a)(1) In addition to the purposes for which counties are now authorized to exercise the power of eminent domain, counties are authorized to exercise that power for the purpose of acquiring property for water facilities and sewer facilities.
(2) The counties shall exercise their power of eminent domain only as a last resort, and they shall make use of existing easements and rights-of-way to the extent practicable.
(b) Counties shall exercise the power of eminent domain for the purposes set forth in subsection (a) of this section in accordance with the same procedures and methods by which municipalities are authorized to acquire property by exercising the power of eminent domain for municipal water works purposes, as set forth in §§ 18-15-401 — 18-15-410.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-202
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:18-15-202
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4a1aa640ed0da29a5be9a1334cb30782e1565ea786f0b41fc99054493058114d
Source location: content.xml paragraph 3368
Stored source content
18-15-202. Counties — Power to condemn for water and sewer facilities.
(a)(1) In addition to the purposes for which counties are now authorized to exercise the power of eminent domain, counties are authorized to exercise that power for the purpose of acquiring property for water facilities and sewer facilities.
(2) The counties shall exercise their power of eminent domain only as a last resort, and they shall make use of existing easements and rights-of-way to the extent practicable.
(b) Counties shall exercise the power of eminent domain for the purposes set forth in subsection (a) of this section in accordance with the same procedures and methods by which municipalities are authorized to acquire property by exercising the power of eminent domain for municipal water works purposes, as set forth in §§ 18-15-401 — 18-15-410.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-401. Right to acquire property.
(a) A municipality operating a waterworks system under the provisions of this subchapter shall have the right to acquire any property useful for municipal waterworks purposes by following the eminent domain proceedings set forth in this subchapter.
(b) A municipality's right of eminent domain shall be exercised by the operating authority of the municipal waterworks system.
(c) This subchapter shall be cumulative to any other laws of eminent domain in favor of municipalities operating municipal waterworks systems.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-401
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 18-15-401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-410. Rights of property owner upon entry by municipality.
(a) If a municipality shall enter upon property which it has the right to acquire by condemnation proceedings without commencing condemnation proceedings, the owner of the property shall have the right to commence condemnation proceedings against the municipality at any time before an action for the recovery of the property or compensation therefor would be barred by the statute of limitations.
(b) The measure of recovery in the action shall be the fair market value of the property at the time it was entered upon by the municipality.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-410
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 18-15-410. This identifies an authority to review, not proof of applicability.