(a) Pursuant to Arkansas Code § 8-6-715, in the event that necessary lands needed for the accomplishment of the purposes authorized by this subpart cannot be acquired by negotiation, any district is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain.
(b) The proceedings may be exercised in the manner now provided for taking private property for rights-of-way for railroads as set forth in Arkansas Code §§ 18-15-1202 – 18-15-1207.
(c) As a part of the proceedings, the Benton County Regional Solid Waste Management District shall file an environmental impact statement with the court.
(d) Nothing herein shall allow the district to appropriate by eminent domain any property upon which is located a permitted landfill, recycling facility, or incinerator, or for which a permit for a landfill, recycling facility, or incinerator is pending.