(a) In the event that necessary lands needed for the accomplishment of the purposes authorized by this chapter cannot be acquired by negotiation, any regional solid waste management district is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain.
(b)
(1) The proceedings may be exercised in the manner now provided for taking private property for rights-of-way for railroads as set forth in §§ 18-15-1202 — 18-15-1207.
(2) As a part of the proceedings, the district shall file an environmental impact statement with the court.
(c) Nothing in this section shall allow a district to appropriate by eminent domain any property upon which is located a permitted landfill, recycling facility, or incinerator or for which a permit for a landfill, recycling facility, or incinerator is pending.
Structure Arkansas Code
Chapter 6 - Disposal of Solid Wastes and Other Refuse
Subchapter 7 - Regional Solid Waste Management Districts and Boards
§ 8-6-701. Purpose — Legislative findings — Construction
§ 8-6-703. Creation of districts and boards — Members of boards
§ 8-6-704. Boards — Powers and duties. [Effective until May 1, 2020.]
§ 8-6-704. Boards — Powers and duties. [Effective May 1, 2020.]
§ 8-6-706. Solid waste landfill and transfer station permits
§ 8-6-707. Creation of new regional districts
§ 8-6-708. Procedures and rules
§ 8-6-709. Agreements implementing subchapter
§ 8-6-710. Solid waste management responsibility
§ 8-6-711. District solid waste management system
§ 8-6-712. Regulation of solid waste disposal
§ 8-6-713. Restriction on local government bonds and pledges
§ 8-6-714. Rents, fees, and charges
§ 8-6-716. Regional needs assessment
§ 8-6-718. Waste tire collection center
§ 8-6-719. Regional composting program
§ 8-6-720. Opportunity to recycle — Recyclable materials collection centers — Definition
§ 8-6-721. Licensing haulers of solid waste