§ 6-65-203 — Right of eminent domain

(a) The right of eminent domain is granted to Arkansas State University located at Jonesboro, to condemn property, wherever and whenever the acquisition of property is necessary for the use of the university. However, homesteads as of March 28, 1947, shall not be deemed to come within the provisions of this section. (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 the Arkansas State University system 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 that prosecuting attorney to comply with the request of the board. (e) 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.

Legislative History

Amended by Act 2021, No. 18,§ 6, eff. 2/1/2021. Acts 1947, No. 333, §§ 1-3; A.S.A. 1947, §§ 80-3121 -- 80-3123.