Opinion No.

The Honorable Robert T. Rogers, II Prosecuting Attorney Nineteenth Judicial District — East 301 West Trimble Post Office Box 536 Berryville, Arkansas 72616

Dear Mr. Rogers:

I am writing in response to your request for an opinion on the following questions:

Does the County Judge have absolute discretion to deny an easement by necessity pursuant to A.C.A. §§ 27-66-401; 27-66-404? A secondary question is whether there are eminent domain considerations when the County Court issues such an order?

RESPONSE

In response to your first question, in my opinion the question of necessity is one for the county…