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Ark. Code Ann. § 14-268-101

Legislative determination

Applied in 4 court decisions — leading case Hurst v. Holland (2001)

Most recently applied in 2010 Ark. App. 787 - Hall v. City of Bryant (December 2010)

Acts 1969, No. 629, § 1; A.S.A. 1947, § 21-1901.

How often courts cite this section

19942000201010
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

It is found and declared:

(1) That there are communities and areas in this state which have suffered from, and are threatened by, floods and the incidents and hazards of flooding;

(2) That flooding in the areas causes destruction of life and property, contributes to the spread of disaster-related diseases, and constitutes a hindrance to the economic development of this state and to the health, safety, and welfare of the residents of this state;

(3) That flood hazards in these flood-prone areas impair their economy and tax revenues;

(4) That insurance with federal reinsurance or other federal assistance will not be available to property owners in these communities unless adequate land use and control measures, consistent with federal criteria, are adopted by the communities prior to June 30, 1970;

(5) That it is the policy of this state to encourage and support all appropriate actions to prevent and lessen these flood hazards and losses;

(6) That it is necessary to adopt state and local measures which, to the maximum extent feasible, will: Discourage the development of land by improvements which are exposed to flood damage;

(7) Guide the development of proposed construction away from locations which are threatened by flood hazards;

(8) Assist in reducing damage caused by floods; and

(9) Otherwise improve long-range land management in, and use of, flood-prone areas; and

(10) That the enactment of these measures by cities, towns, counties, or the state constitutes a public purpose necessary to the protection and promotion of the economic development of this state and to the health, safety, and welfare of the residents of this state.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.