Opinion No.

The Honorable Denny Altes State Senator 8600 Moody Road Fort Smith, Arkansas 72903-6718

Dear Senator Altes:

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

In light of the recent U.S. Supreme Court decision in Kelo v. New London ([U.S. Supreme Court,] 04-108), 268 Conn. 1, 843 A.2d 500, can a city in Arkansas use its power of eminent domain to take private property for a private enterprise?

RESPONSE

In my opinion, assuming your question inquires about an exercise of eminent domain similar to that in the Kelo case, for strictly economic development purposes,1 with…