Ark. Code Ann. » Title 18 Chapter 15
Arkansas Code Annotated

Ark. Code Ann. § 18-15-601 (2020)

Power of eminent domain

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  1. All municipal corporations in this state and all corporations, including not-for-profit corporations and water associations, which supply any town, city, or village in this state, or the inhabitants thereof, with water, or which supply water to rural customers or consumers, are authorized to exercise the power of eminent domain to condemn, take, and use private property for the use of the corporations when necessary to carry out the purposes and objects of the corporations including, without limitation, the condemnation of easements in which water transmission or water distribution lines shall be constructed and located and the condemnation of real property for the construction and location of water storage tanks, water treatment facilities, master metering facilities, pump stations, and other necessary appurtenances needed for water production, transmission, and distribution, regardless of whether or not the private property is located within or outside of the boundaries of the city, town, or village which the municipal or other corporation, including not-for-profit corporations and water associations, serves.
  2. Whenever the municipal or other corporation, including not-for-profit corporations and water associations, in the construction of its waterworks, or in enlarging or extending the waterworks, or water distribution or water transmission lines, shall deem it desirable to condemn, take, use, or occupy private property in the construction of its water treatment or storage facilities, water transmission or distribution lines, or other appurtenances thereto, the corporation may condemn, take, and use the private property, first making just compensation therefor, and proceed as provided in this subchapter.
  3. The corporations and water associations shall exercise the powers of eminent domain only as a last resort, and they shall make use of existing easements and rights-of-way to the extent practicable.
  4. No municipal or other corporation, including not-for-profit corporations and water associations, exercising eminent domain powers under this subchapter shall provide water service to any existing customer of any incorporated city or town absent the express written approval of the incorporated city or town.

History. Acts 1895, No. 126, §§ 1, 2, p. 183; 1907, No. 130, § 1, p. 322; C. & M. Dig., §§ 4034, 4035; Pope's Dig., §§ 5035, 5037; A.S.A. 1947, §§ 35-401, 35-402; Acts 1995, No. 1207, § 1.

Research References

Ark. L. Rev.

Looney, Enhancing the Role of Water Districts in Groundwater Management and Surface Water Utilization in Arkansas, 48 Ark. L. Rev. 643.

Case Notes

Electric Power.

This section does not give a municipal corporation the power of eminent domain outside the city for the purpose of acquiring a right-of-way for electric transmission lines. City of Osceola v. Whistle, 241 Ark. 604, 410 S.W.2d 393 (1966).

Rural Development Authorities.

A corporation formed under provisions of the Rural Development Authority Act, § 14-188-101 et seq., and organized for the purpose of supplying water to municipalities has the power of eminent domain. Columbia County Rural Dev. Auth. v. Hudgens, 283 Ark. 415, 678 S.W.2d 324 (1984).

The legislative intent in enacting §§ 14-188-103, 14-188-109 and 14-188-113, which deleted the power of eminent domain when it was based solely upon the type of corporation which sought to exercise the power, while leaving intact this section, was to stop the delegation of the power of eminent domain based upon the type of entity formed and base it instead upon the purpose served. Columbia County Rural Dev. Auth. v. Hudgens, 283 Ark. 415, 678 S.W.2d 324 (1984).

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2005–2022 · leading case: City of Fort Smith v. Carter, 216 S.W.3d 594 (Ark. 2005).
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City of Fort Smith v. Carter, 216 S.W.3d 594 (Ark. 2005). · cites it 4× “, Ark. Code Ann. §§ 18-15-601 (a) and (b) (Repl.”
Brock v. Townsell, 2009 Ark. 224, 309 S.W.3d 179. · cites it 2× “as Brock points out, various statutes utilize the phrase “incorporated city or town” to refer to all municipal corporations: Arkansas Code Annotated section 17-25-301(b) (requiring proof of a contractor’s license when applying to an authority of any incorporated city or town…”
City of Fort Smith v. Carter, 270 S.W.3d 822 (Ark. 2008). · cites it 2× “A municipality may obtain an order of immediate possession of the property by filing a petition with the circuit court, in the county where the property is located, and depositing with the court a sum, which in its opinion, is the reasonable value of the property to be taken.”
Giles v. Ozark Mountain Reg'l Pub. Water Auth., 2013 Ark. App. 639. “Arkansas Code Annotated sections 18-15-601 et seq. set out the eminent-domain authority and procedure for water and water-generated electric municipal corporations.”
Rick A. Blanchard v. City of Springdale, 2019 Ark. App. 522, 588 S.W.3d 807. “§§ 18-15-601 et seq., which SWSC did not rely on in these proceedings, provides a means by which a municipality can condemn land for purposes of expanding a water system or water-generated electric system.”
City of Fort Smith v. Gary Osborne, 2022 Ark. App. 46, 640 S.W.3d 697. · cites it 4× “eminent-domain authority under Ark. Code Ann. §§ 18-15-601 et seq. (Repl.”
Delta Reg'l Airport Auth. v. Gunn, 386 S.W.3d 693 (Ark. Ct. App. 2011). · cites it 3× “Section 18-15-601(a) provides in pertinent part: (a) All municipal corporations in this state and all corporations, including not-for-profit corporations and water associations, which supply any town, city, or village in this state, or the inhabitants thereof, with water, or…”
Ark. Code Ann. § 18-15-601(a): 2 cases
City of Fort Smith v. Carter, 216 S.W.3d 594 (Ark. 2005). “, Ark. Code Ann. §§ 18-15-601 (a) and (b) (Repl.”
Delta Reg'l Airport Auth. v. Gunn, 386 S.W.3d 693 (Ark. Ct. App. 2011). “Section 18-15-601(a) provides in pertinent part: (a) All municipal corporations in this state and all corporations, including not-for-profit corporations and water associations, which supply any town, city, or village in this state, or the inhabitants thereof, with water, or…”
Ark. Code Ann. § 18-15-601(d): 1 case
Brock v. Townsell, 2009 Ark. 224, 309 S.W.3d 179. “as Brock points out, various statutes utilize the phrase “incorporated city or town” to refer to all municipal corporations: Arkansas Code Annotated section 17-25-301(b) (requiring proof of a contractor’s license when applying to an authority of any incorporated city or town…”
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