- (a) Under extreme circumstances, lands dedicated into the system of natural areas may be removed from it.
(b) The procedure for doing so is as follows:
(1)
- (A) First, the Arkansas Natural Heritage Commission must find, after public notice and hearing, that:
(i) The particular change, alteration, or modification is required by imperative public necessity;
(ii) There is no feasible and prudent alternative thereto; and
- (iii) All possible planning has been done to minimize harm caused to the system thereby.
- (B) Arkansas Code § 15-20-314(a).
- (C) No portion of the system may be alienated or encumbered, directly or indirectly, in whole or in part, except in accordance with procedures set forth in Arkansas Code §§ 15-20-314 and 15-20-315;
(2)
(A) At least thirty (30) days written notice of any such hearing shall be given to:
- (i) The Governor;
- (ii) Each official advisor to the commission;
- (iii) Each member of the General Assembly; and
- (iv) Each person, organization, or entity that shall have requested notice.
- (B) Arkansas Code § 15-20-314(b);
(3)
- (A) 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, Arkansas Code § 25-15-201 et seq.
- (B) Arkansas Code § 25-15-201 and § 15-20-314(c); and
(4)
- (A) No such alteration, change, or modification of 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.
- (B) Arkansas Code § 15-20-314(d).