AR SB854

Adds new section 18-15-103 to Arkansas Code limiting eminent domain use to cases where private real property is necessary for public possession, occupation, and enjoyment by the public at large or public agencies.

Prohibits acquiring private real property through eminent domain for private commercial enterprises, economic development in the private sector, or any other private use, except for privately owned public utilities, electric cooperatives, and common carriers.

Prevents taking property from one owner and transferring it to another owner based on the grounds that the public will benefit from more profitable use of the property.

Requires courts, not legislatures, to determine whether a public purpose exists when real property is sought through eminent domain, and prohibits courts from considering legislative intent in making this determination.

Establishes this section as supplemental to all existing state laws placing restrictions on eminent domain acquisitions.