§ 22-2-109 — Acquisition of additional sites

Arkansas § 22-2-109

• Jurisdiction: Arkansas
• Title: 22

Text

(a) (1) Additional sites may be acquired from state agencies, either with or without compensation, by making necessary arrangements with any state agency for any lands owned by that state agency or owned by the State of Arkansas and under the control or jurisdiction of that state agency. (2) In the alternative, a site may be obtained by the Building Authority Division by gift, purchase, or, within Pulaski County, Arkansas, by condemnation under the power of eminent domain. (b) (1) In the event the sites cannot be purchased by negotiation, the division may institute condemnation proceedings under the power of eminent domain for the acquisition of sites. (2) (A) Condemnation proceedings under the power of eminent domain may be exercised within Pulaski County, Arkansas, in the manner now provided in §§ 18-15-1202 - 18-15-1207 or pursuant to any other applicable statutory provisions for the exercise of the power of eminent domain in the State of Arkansas or by any state agency. (B) However, if the division acquires under the power of eminent domain a building which is a general purpose office building located within the Capitol Zoning District, as zoned by § 22-3-302(a) , the following provisos shall be applicable: (i) (a) In addition to all other elements constituting just compensation for the taking of property, which are usually and regularly considered in condemnation actions, an owner-tenant may be entitled to reasonable moving expenses for the moving of that tenant to a location within Pulaski County, Arkansas. (b) The reasonable moving expense shall be fixed by the court and at its discretion; (ii) (a) Upon a final award in such a condemnation proceeding, the court in which the action is being undertaken may grant the condemnee in an owner-occupied structure the right to remain in occupation of the structure without payment of rent by the owner-occupier for a reasonable period of time to be determined in the discretion of the court, but such period of time shall not exceed three (3) years. (b) However, if the monetary award is demanded by the condemnee and paid pursuant to the award, the court shall fix a reasonable rental for that part of the property occupied by the condemnee subsequent to the final award. All other tenants occupying all or any part of the condemned premises, by lease or otherwise, shall pay rentals to the condemnor from the date of the final award or payment and so long as such tenants occupy the premises or any part thereof. (c) Title to all lands acquired under this chapter shall be taken in the name of the State of Arkansas; and (iii) Should the owner of the building being acquired under the power of eminent domain also own unimproved property adjacent to or near the building and should there be a connected or unity of use between the condemned building and the unimproved property, including a parking lot adjacent to or near an office building, the division shall also take by purchase or under the power of eminent domain such unimproved property.

Legislative History

Amended by Act 2019, No. 910,§ 6159, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 27, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 27, eff. 7/1/2015. Acts 1975, No. 716, § 3; A.S.A. 1947, § 5-1020; Acts 1999, No. 1173, § 3.