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6-65-403. Right of eminent domain.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-65-403. Right of eminent domain.
(a) The right of eminent domain is granted to Southern Arkansas University located at Magnolia to condemn property wherever and whenever the acquisition of property is necessary for the use of the university.
(b) All suits for condemnation of property under the provisions of this section shall be brought by the university in the name of the State of Arkansas.
(c)(1) Before any suit can be instituted, it shall be necessary for the Board of Trustees of Southern Arkansas University to pass a resolution to the effect that the acquisition of the property sought to be condemned is necessary for the use and benefit of the university.
(2) The resolution shall also set forth the purpose for which the lands are to be condemned, together with the legal description of the lands.
(d)(1) Upon adoption of the resolution, the board is authorized to request the prosecuting attorney of the district in which the lands are situated to assist in instituting proper proceedings for the condemnation of the lands.
(2) In the event any prosecuting attorney is requested to institute or to assist in instituting such proceedings, it shall then be the duty of the prosecuting attorney to comply with the request of the board.
(e) Before this right and power is utilized in any individual case, the board shall exercise every reasonable effort to obtain the property in question at a reasonable price by negotiation, and the trial court shall so find.
(f) It shall be the duty of the Attorney General of the State of Arkansas to handle all appeals taken to the Supreme Court of the state from any such actions.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-65-403
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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Record provenance
Stable record: arkansas_code:legal_authorities:6-65-403
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6fb0cea00fc77c81a356c8189e8e600217bcc70bfebd68245231b85038090bd0
Source location: content.xml paragraph 41126
Stored source content
6-65-403. Right of eminent domain.
(a) The right of eminent domain is granted to Southern Arkansas University located at Magnolia to condemn property wherever and whenever the acquisition of property is necessary for the use of the university.
(b) All suits for condemnation of property under the provisions of this section shall be brought by the university in the name of the State of Arkansas.
(c)(1) Before any suit can be instituted, it shall be necessary for the Board of Trustees of Southern Arkansas University to pass a resolution to the effect that the acquisition of the property sought to be condemned is necessary for the use and benefit of the university.
(2) The resolution shall also set forth the purpose for which the lands are to be condemned, together with the legal description of the lands.
(d)(1) Upon adoption of the resolution, the board is authorized to request the prosecuting attorney of the district in which the lands are situated to assist in instituting proper proceedings for the condemnation of the lands.
(2) In the event any prosecuting attorney is requested to institute or to assist in instituting such proceedings, it shall then be the duty of the prosecuting attorney to comply with the request of the board.
(e) Before this right and power is utilized in any individual case, the board shall exercise every reasonable effort to obtain the property in question at a reasonable price by negotiation, and the trial court shall so find.
(f) It shall be the duty of the Attorney General of the State of Arkansas to handle all appeals taken to the Supreme Court of the state from any such actions.
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