§ 6-62-201 - Grant of power to certain colleges and universities -- Condemnation proceedings.
               	 		
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.