Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 5 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 6-60-101 — 6-71-142) › Chapter 62 - PROPERTY AND FINANCES OF STATE INSTITUTIONS (§§ 6-62-101 — 6-62-1204) › Subchapter 2 - EMINENT DOMAIN (§ 6-62-201) › Section 6-62-201 - Grant of power to certain colleges and universities - Condemnation proceedings

(a)
(1)
The right and power of eminent domain is granted to the Board of Trustees of the University of Arkansas and to the respective boards of trustees of Arkansas Tech University and University of Central Arkansas, hereinafter referred to as "state colleges," to condemn property whenever and wherever the acquisition of property is necessary for the use of the institutions.
(2)
However, before this right and power are utilized in any individual case, the appropriate board of trustees shall exercise every reasonable effort to obtain the property in question at a reasonable price by negotiation, and the trial court shall so find.
(3)
The power of eminent domain granted to the Board of Trustees of the University of Arkansas shall not be applicable to the acquisition of lands for agricultural experiment stations of the University of Arkansas except in the county in which the main campus of the University of Arkansas is located.
(b)
All suits for the condemnation of property under the provisions of this section shall be brought in the name of the Board of Trustees of the University of Arkansas or in the name of the respective boards of trustees of the other state colleges designated in subdivision (a)(1) of this section.
(c)
(1)
Before any suit may be instituted, it shall be necessary for the board of trustees 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 public institution.
(2)
The resolution shall also set forth the purpose for which the lands are to be condemned, the legal description of the lands, and the names of the owners, if known.
(d)
(1)
The procedure to be followed except as otherwise provided in this section, for the purposes of this section is that prescribed in §§
18-15-301
-
18-15-307
, inclusive, for the exercise of eminent domain by municipal corporations and counties.
(2)
It shall be no objection to the exercise of the power of eminent domain that the property to be condemned is a cemetery provided that the purpose for which the cemetery is being taken is for buildings, facilities, grounds, or other purposes necessary for the use and benefit of the public institution.
(e)
(1)
The board of trustees may request the prosecuting attorney of the district in which the lands sought to be condemned are located to initiate or assist in the legal proceedings instituted under this section.
(2)
If so requested, it shall then be the duty of the prosecuting attorney to comply with the request of the board of trustees.
(3)
It shall be the duty of the Attorney General, if requested, to represent the board of trustees on appeals taken to the Supreme Court from any such action instituted.
Acts 1961, No. 167, §§ 1-4; A.S.A. 1947, §§ 80-3318 -- 80-3321; Acts 1997, No. 539, § 1.