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1973 Arkansas Attorney General Reports and Opinions 1 (1973)

handle is hein.sag/sagar0042 and id is 1 raw text is: OFFICE Or AV IuUIIU DWILDZMO ATTORNSY OWNBWAL YAN6, .4aqz January 3, 1973 Mr. Bill F. Doshier Attorney at Law Harrison, Arkansas 72601 Dear Mr. Doshier: This is in reply to your recent request for our opinion on the following: In March of 1962, the town of Alpena, Arkansas, secured a strip of land in the center of Alpena measuring 200 feet wide and approximately one-half mile long, by the process of eminent domain. A copy of the entire file in that case is attached hereto. The final order of the court vests title in the Town of Alpena in fee simple absolute but the interim order states that the Town of Alpena, Arkansas may thereafter enter upon and take the above described property for the lawful municipal purposes of the Town of Alpena. Up to this time the Town has used several portions of the taken lands for municipal purposes. Some of it has been used for streets. Part of it was used for the construction of a water treatment plant, part of it has been used as a ballpark, and portions of it are used for parking. Some of the property has not been used to any great extent and the town council has now voted to sell three 150 ft. square tracts to private persons for development of pri- vate business places. My question to you is this: Is it legal for the Town of Alpena to convey the lands.so taken by eminent domain procedures, under these circumstances, to private in- dividuals for development and use in private enterprise and not for municipal purposes.

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