Stricken language would be deleted from and underlined language would be added to present law.
Act 1044 of the Regular Session
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 706
4
5 By: Senator B. Ballinger
6
7 For An Act To Be Entitled
8 AN ACT TO AMEND 18-15-104(4) AND 18-15-1802(C)(2) AS
9 AMENDED BY SB334 OF 2021; TO AMEND THE LAW CONCERNING
10 THE USE OF EMINENT DOMAIN BY A STATE AGENCY; AND FOR
11 OTHER PURPOSES.
12
13
14 Subtitle
15 TO AMEND 18-15-104(4) AND 18-15-
16 1802(C)(2) AS AMENDED BY SB334 OF 2021;
17 AND TO AMEND THE LAW CONCERNING THE USE
18 OF EMINENT DOMAIN BY A STATE AGENCY.
19
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. Arkansas Code 18-15-104(4), as amended by SB334,
24 concerning the definition of "state agency", is amended to read as follows:
25 (4)(A) "State agency" means an office, board, commission,
26 department, council, bureau, or other agency of state government.
27 (B) "State agency" does not include the:
28 (i) Arkansas Department of Transportation; or
29 (ii) State Highway Commission.
30
31 SECTION 2. Arkansas Code 18-15-1802(c)(2), as enacted by SB334,
32 concerning a cause of action to determine the lawful taking of property, is
33 repealed.
34 (2) The Arkansas Department of Transportation is exempt from the
35 burden of proving whether the taking is necessary to achieve a public use as
36 required under subdivision (c)(1) of this section. APPROVED: 4/29/21
*DTP266* 04/21/2021 5:16:42 PM DTP266


Statutes affected:
SB 706: 18-15-104(4)
Act 1044: 18-15-104(4)