§ 14-120-103 - Agreements with United States for straightening out, cleaning, and deepening bayous.
14-120-103. Agreements with United States for straightening out, cleaning, and deepening bayous.
(a) (1) The board of directors of any levee district or any levee and drainage district in this state, howsoever created, is authorized and empowered to make and execute any and all required, necessary, and proper contracts and assurances with the United States of America, the Secretary of the Army, the Chief of Engineers of the United States Army, or any other federal agency, to the end that:
(A) The lands, rights-of-way, and easements necessary for straightening out, cleaning out, and deepening bayous that serve as natural drainage for the levee districts may be provided for the work, which work is authorized by the United States of America or any such federal agency;
(B) To hold and save the United States of America free from damages due to such work; and
(C) To maintain such work, after completion thereof, in accordance with regulations prescribed by the Secretary of the Army.
(2) Before the board of directors of any levee district or of any levee and drainage district shall be entitled to exercise any of the powers provided under this section, it shall first ascertain and be declared by resolution of the board of directors, duly entered upon their minutes, a finding that:
(A) The benefits of the proposed work are general to the whole district;
(B) The benefits of the proposed work are equal to or in excess of the cost to the district.
(b) (1) Such districts are authorized and empowered to take and hold any lands, interests, or servitudes therein, whether by purchase, grant, donation, or otherwise, that may be declared necessary and proper by the Chief of Engineers of the United States Army for the location, construction, channel rectification, canal, floodway, or diversion contemplated to be constructed or done by the United States of America and thereafter maintained by the district.
(2) And in order that the rights, easements, and servitudes necessary may be acquired, the board of directors of the district is given authority and power to condemn lands or interest therein for the purposes set out in subdivision (b)(1) of this subsection and to exercise the right of eminent domain. Condemnation proceedings therefor shall be instituted and conducted by such districts in the manner as now provided for condemnation for levee purposes by such districts.
(c) The Governor and Secretary of State of Arkansas are authorized, empowered, and directed to make and execute any and all necessary and proper contracts, easements, deeds, or other instruments in writing giving, granting, and conveying to the board of directors of any such district rights-of-way over, upon, and across any lands owned by the state which are necessary or required to carry out the work contemplated, provided those instruments shall not impair any valid outstanding lien against the lands or any vested private right therein.
(d) This section shall be construed to be cumulative to existing laws relating to levee districts or levee and drainage districts and shall be liberally construed and applied to enable such districts to cooperate with the United States of America or any agency thereof with respect to the work contemplated.
(e) As used in this section, "board of directors" includes the board of commissioners or other governing body of a district, as the case may be.