Ark. Code Ann. » Title 14 Chapter 207
Arkansas Code Annotated

Ark. Code Ann. § 14-207-106 (2026)

Exercise of power of eminent domain

✓ current as of May 2026
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  1. At the conclusion of the six-month notification period, in the event that agreement is not reached pursuant to § 14-207-103(a) or (b), or the municipality and the electric public utility disagree on the valuations described in § 14-207-104, but no later than three (3) years from certification of annexation or three (3) years from termination of any franchise agreement authorized by this subchapter, the municipality may, after paying, or, if applicable, commencing payment of, any amounts not in dispute and depositing into the registry of the court the amount in dispute, or such lesser amounts as the court, after hearing, determines to be just, exercise the right and power of eminent domain under the procedures of § 18-15-301 et seq., and may take possession of the properties and facilities and commence service to the customers as of the date it makes the deposit; provided, however, that any compensation or damages for the properties, facilities, and customers taken shall be determined in accordance with § 14-207-104.
  2. The date of taking for the purposes of this subchapter shall be either the date the deposit authorized by this section is made or, in the event no deposit is made, the date of the court award.

History. Acts 1991, No. 745, § 4.

Publisher's Notes. Former § 14-207-106, concerning exercise of power of eminent domain, was repealed by Acts 1991, No. 745, § 7. The former section was derived from Acts 1989, No. 639, § 6.

Case Notes

Applicability.

When a city acquires a public utility's properties or facilities, it owes compensation to the utility under this section. Further, in the event the utility provides no electricity to the city acquiring its properties or facilities, then the city must compensate the utility as described in this section. When the city, however, does not acquire the utility's properties or facilities, this chapter does not apply. Instead, the utility merely becomes an alternative supplier, and the city and the utility can both provide electrical service to the area and compete for customers. Carroll Elec. Coop. Corp. v. City of Bentonville, 306 Ark. 572, 815 S.W.2d 944 (1991) (decision under prior law).

Cited: Craighead Elec. Coop. Corp. v. City Water & Light Plant, 278 F.3d 859 (8th Cir. 2002).

Chapter 208 Valuation of Rural Water Service Properties and Facilities Upon Annexation

Notes of Decisions
Cited in 1 case, 2002–2002 · leading case: Craighead Elec. Coop. Corp. v. City Water & Light Plant of Jonesboro, Arkansas, 278 F.3d 859 (8th Cir. 2002).
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Craighead Elec. Coop. Corp. v. City Water & Light Plant of Jonesboro, Arkansas, 278 F.3d 859 (8th Cir. 2002). “” Ark. Code Ann. § 14-207-106 (b). As the district court held, the date of the taking in this case was therefore quite evidently November 30, 2000, the date that CWL made the deposit with the district court.”
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