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6-3-113. Eminent domain power.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-3-113. Eminent domain power.
(a)(1) The Arkansas Educational Television Commission is hereby granted the right of eminent domain to condemn real property leased or rented by the commission if the property is deemed to be necessary or desirable by the commission for making the benefits of educational television available to the citizens of Arkansas or to otherwise carry out the purposes of this chapter, and if the commission is unable to agree with the owner of the land, or if, by legal incapacity or absence of the owner, no agreement can be made for the purchase.
(2) All suits for condemnation of real property under the provisions of this section shall be brought by the commission in the name of the State of Arkansas.
(3) The real property may be acquired in fee simple or in any lesser estate.
(b)(1) The commission is authorized to make payment for real property acquired under the provisions of this section out of any appropriation made for the commission.
(2) No land shall be taken or contracted to be taken for an amount beyond the sum available therefor.
(c) The commission shall exercise the power of eminent domain in the manner provided for in § 27-67-311 et seq.
(d)(1) Actions by the commission to condemn real property shall be brought in the county in which the land is situated.
(2) If the land is located in more than one (1) county, the action may be brought in any county in which the land is situated.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-3-113
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:6-3-113
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 28dab4fbc6a2973d36d6e0438f8f765455ad77862a6431f842a8323a8bddb3e1
Source location: content.xml paragraph 579
Stored source content
6-3-113. Eminent domain power.
(a)(1) The Arkansas Educational Television Commission is hereby granted the right of eminent domain to condemn real property leased or rented by the commission if the property is deemed to be necessary or desirable by the commission for making the benefits of educational television available to the citizens of Arkansas or to otherwise carry out the purposes of this chapter, and if the commission is unable to agree with the owner of the land, or if, by legal incapacity or absence of the owner, no agreement can be made for the purchase.
(2) All suits for condemnation of real property under the provisions of this section shall be brought by the commission in the name of the State of Arkansas.
(3) The real property may be acquired in fee simple or in any lesser estate.
(b)(1) The commission is authorized to make payment for real property acquired under the provisions of this section out of any appropriation made for the commission.
(2) No land shall be taken or contracted to be taken for an amount beyond the sum available therefor.
(c) The commission shall exercise the power of eminent domain in the manner provided for in § 27-67-311 et seq.
(d)(1) Actions by the commission to condemn real property shall be brought in the county in which the land is situated.
(2) If the land is located in more than one (1) county, the action may be brought in any county in which the land is situated.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-67-311. Condemnation petition — Notice.
(a) The State Highway Commission may exercise its power of eminent domain by filing an appropriate petition in condemnation in the circuit court of the county in which the property sought to be taken is situated, to have the compensation for right-of-way determined, giving the owner of the property to be taken at least ten (10) days' notice in writing of the time and place where the petition will be heard.
(b) If the property sought to be condemned is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which the whole or part of the property may be located. The proceedings had in the circuit court will apply to all such property described in the petition.
(c)(1) If the owner of the property sought to be taken is a nonresident of the state, notice shall be by publication in any newspaper in the county which is authorized by law to publish legal notices. This notice shall be published for the same length of time as may be required in other civil causes.
(2) If there is no such newspaper published in the county, then publication shall be made in a newspaper designated by the circuit clerk, and one (1) written or printed notice thereof posted on the door of the county courthouse.
(d) The condemnation petition shall describe the lands and property sought to be acquired for state highway right-of-way purposes and shall be sworn to.
(e) Where the immediate possession of lands and property is sought to be obtained, the Arkansas Department of Transportation may file a declaration of taking, as provided by § 27-67-312, at any time before judgment or together with the condemnation petition.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-67-311
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 27-67-311. This identifies an authority to review, not proof of applicability.