Arkansas § 14-120-217 Board authority to acquire land - Condemnation

Arkansas Statutes

§ 14-120-217 — Board authority to acquire land - Condemnation

(a)In order to discharge its obligations under any contract or agreement authorized to be made by the provisions of § 14-120-216 , the board of directors of any levee district or drainage district, or levee and drainage district, is authorized and empowered to:

(1)Enter upon, take, and hold any lands, interests, or servitude therein, whether by purchase, grant, donation, devise, or otherwise, that may be declared necessary and proper by the Chief of Engineers of the United States Army for the location, construction, operation, repair, or the maintenance of any levee, channel rectification, drainage canal, floodway, reservoir, spillway, or diversion contemplated to be constructed by the United States of America, and thereafter to be perpetually operated and maintained by that district, as

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(a) In order to discharge its obligations under any contract or agreement authorized to be made by the provisions of § 14-120-216 , the board of directors of any levee district or drainage district, or levee and drainage district, is authorized and empowered to: (1) Enter upon, take, and hold any lands, interests, or servitude therein, whether by purchase, grant, donation, devise, or otherwise, that may be declared necessary and proper by the Chief of Engineers of the United States Army for the location, construction, operation, repair, or the maintenance of any levee, channel rectification, drainage canal, floodway, reservoir, spillway, or diversion contemplated to be constructed by the United States of America, and thereafter to be perpetually operated and maintained by that district, as provided in any project heretofore adopted and authorized, or in any project which may be hereafter adopted and authorized; and (2) Take, hold, and acquire flowage and storage rights and servitudes upon, over, and across any land which may be necessary and incident to the construction, operation, repair, and maintenance of any necessary levee, floodway, channel rectification, reservoir, drainage canal, spillway, or diversion. (b) In order that the rights, easements, and servitudes conferred may be acquired, the board of directors of the district is given authority and power to condemn lands or interest therein for such purposes, and the authority and power to exercise the rights of eminent domain. (c) Condemnation proceedings therefor shall be instituted and conducted in the manner as is now provided in §§ 18-15-1001 - 18-15-1010 . Further damages shall be paid for any easement or flowage right or increased use or servitude on any lands by reason of increasing the amount or depth of water on the lands regardless of whether the lands are protected or unprotected by levees, and these damages shall be in addition to damages set out in §§ 18-15-1001 - 18-15-1010 . (d) Any action for taking or damaging property as provided in this section or in §§ 18-15-1001 - 18-15-1010 shall be commenced within five (5) years from the time the cause of action accrues.

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