§ 15-24-107 - Eminent domain.
15-24-107. Eminent domain.
(a) The Arkansas Natural Resources Commission, when necessary for the purpose of this subchapter, shall have a dominant right of eminent domain over the right of eminent domain of railroads, telegraph, telephone, gas, water power, and other companies and corporations and over counties, townships, cities, and villages.
(b) In the exercise of this right, due care shall be taken to cause no unnecessary damage to other public utilities.
(c) (1) The commission shall also have the right to condemn for the use of any project any land or property necessary for the purpose of this subchapter and appropriate the land or property in the same manner as lands, rights-of-way, and easements are acquired by the Arkansas State Highway and Transportation Department.
(2) No power of eminent domain nor appropriation shall exist in the commission over any lands or property within the boundaries of any levee or drainage district now existing or hereafter organized.
(3) Nor shall the powers of eminent domain vested in any levee or drainage district be limited in any manner by this subchapter unless by the voluntary consent of the levee or drainage district through its governing board by contract, to be approved and recorded in the manner provided in this chapter.