(a) Interests in land created by dedication shall be perpetual and may not be altered, changed, or modified unless the Arkansas Natural Heritage Commission shall find, after public notice and hearing, that: (1) The particular change, alteration, or modification is required by imperative public necessity;(2) There is no feasible and prudent alternative thereto; and(3) All possible planning has been done to minimize harm caused to the system thereby.(b) At least thirty (30) days' written notice of any such hearing shall be given to: (1) The Governor;(2) Each official advisor to the commission;(3) Each member of the General Assembly; and(4) Each person, organization, or entity that shall have requested notice.(c) Any finding made by the commission as a result of such a hearing shall be subject to judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.(d) No such alteration, change, or modification in any interest created by dedication shall become effective until the next regular session of the General Assembly following the fulfillment of this section shall have adjourned sine die.Acts 1973, No. 112, § 13; A.S.A. 1947, § 9-1413.
Arkansas Legal Code