(a) The State of Arkansas agrees:
(1) That the United States of America, the Secretary of the Army of the United States on behalf of the United States, or any of its agencies thereunto legally authorized, be, and each is, fully authorized, empowered, and enabled within this state to exercise the rights of eminent domain and to obtain and acquire property and property rights, flowage rights, rights-of-way and servitudes or easements, or options therefor, in this state, either by voluntary agreements with the owners thereof or by condemnation proceedings under the laws of the United States in pursuance of authority conferred by law in connection with the construction of the works provided for in any such adopted and authorized project; and
(2) Upon the filing of any such condemnation proceedings, the United States shall have the right to take immediate possession thereof to the extent of the interest sought to be acquired and proceed with the construction of flood control and drainage works thereon, as provided in the authorized and adopted project. However, in the event immediate possession is taken as provided in this section, adequate provision shall have been made for the payment of just compensation to the party or parties entitled thereto, and provided further that such condemnation proceedings shall be diligently prosecuted in order that the compensation shall be promptly ascertained and paid.
(b) Nothing contained in this section shall be construed in such manner as to relieve any levee district, drainage district, or levee and drainage district from any liability to the owners of the property taken or damaged, whether condemnation proceedings be instituted by the United States, or by such district, and in any taking by the United States or any of its agencies, the district shall be liable to the property owner for any damages compensable under existing Arkansas law, whether or not it is compensable under the laws of the United States.
Structure Arkansas Code
Subtitle 7 - Water and Soil Improvement Districts
Chapter 120 - Drainage and Levee Improvement Districts Generally
Subchapter 2 - Agreements with United States Generally
§ 14-120-201. Legislative intent
§ 14-120-204. Subchapter cumulative
§ 14-120-205. Conditions precedent to conferring powers on districts — In general
§ 14-120-206. Filing project outline and estimate
§ 14-120-207. Board approval of proposal
§ 14-120-208. Approval election generally
§ 14-120-209. Date of election
§ 14-120-210. Notice of election
§ 14-120-211. Election judges and clerks
§ 14-120-213. Voting — Certification of results
§ 14-120-214. Canvass of results — Judicial review
§ 14-120-215. Majority vote — Payment of expenses
§ 14-120-216. Contract authority
§ 14-120-217. Board authority to acquire land — Condemnation
§ 14-120-218. Conveyance of rights-of-way across state lands
§ 14-120-219. Agreements for construction across highways
§ 14-120-220. Eminent domain by the United States
§ 14-120-221. Board of assessors
§ 14-120-223. Assessment — Time, certification, and filing
§ 14-120-224. Board of assessment and equalization
§ 14-120-225. Chancery court review of assessment
§ 14-120-226. Tax levy by board to satisfy certain obligations
§ 14-120-227. Alternative method of assessment — Reassessment — Vacancies on board
§ 14-120-229. Penalty for delinquency — Enforcement proceedings generally
§ 14-120-230. Filing complaint — Notice
§ 14-120-231. Trial date — Continuance or dismissal
§ 14-120-233. Decree — Sale of real property by commissioner
§ 14-120-234. Execution of deed
§ 14-120-235. Redemption of property — Vacation of decree
§ 14-120-236. Tributary tax fund
§ 14-120-237. Disbursement of funds on vouchers
§ 14-120-238. Authority to borrow money and issue bonds — Purpose
§ 14-120-239. Issuance of bonds — Interest coupons
§ 14-120-240. Lithographing and registration of bonds
§ 14-120-241. Bonds — Sale prohibitions — Penalty
§ 14-120-242. Use of revenues for bond payment — Lien