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2017 Arkansas Code
Title 6 - Education
Subtitle 5 - Postsecondary and Higher Education Generally
Chapter 66 - Henderson State University
§ 6-66-112. Right of eminent domain
Universal Citation: AR Code § 6-66-112 (2017)
- (a)
- (1) The right of eminent domain is granted to Henderson State University to condemn property located within not more than one-fourth (1/4) mile from the boundaries of the university campus, whenever the acquisition of such property is necessary for the use of the university.
- (2) However, the right of eminent domain shall not apply to any property belonging to and used by any religious or educational organization.
- (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 may be instituted, it shall be necessary for the Board of Trustees of Henderson State University 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 such lands.
- (2) In the event the prosecuting attorney is requested to institute or to assist in instituting such proceedings, it shall then be the duty of the 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.
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