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14-117-209. Assessment of lands outside district — Boundary extension.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-117-209. Assessment of lands outside district — Boundary extension.
(a) If the board, upon petition of a majority in number as provided in §§ 14-117-202 and 14-117-204 — 14-117-206 for the establishment of districts, finds that other lands not embraced within the boundaries of the district will be affected by the proposed improvement, it shall assess the estimated benefits and damages to the lands and shall specially report to the chancery or circuit court the assessment which it has made on the lands beyond the boundaries of the district as already established.
(b) It shall then be the duty of the court to give notice by publication for two (2) weeks in a newspaper or newspapers published in the county or counties where the lands lie, describing the additional lands which have been assessed. The owners of real property so assessed shall be allowed thirty (30) days after the last publication of the notice to file with the clerk their protest against being included within the district.
(c) The court shall at its next session investigate the question whether the lands beyond the boundaries of the district so assessed by the board will in fact be benefited or damaged by the making of the improvement. From its finding in that regard and its order based thereon, either the property owners affected by the assessment or the board may within thirty (30) days file an appeal to the Supreme Court. If the finding and order is in favor of the inclusion of the lands, the limits of the district shall by order of the court be extended so as to embrace the lands.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-117-209
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-117-209
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 56aaa026b19edb747e11a6dd1aa7a8cdc23bcaf8ca386b8818d1ac43dfded4ae
Source location: content.xml paragraph 28281
Stored source content
14-117-209. Assessment of lands outside district — Boundary extension.
(a) If the board, upon petition of a majority in number as provided in §§ 14-117-202 and 14-117-204 — 14-117-206 for the establishment of districts, finds that other lands not embraced within the boundaries of the district will be affected by the proposed improvement, it shall assess the estimated benefits and damages to the lands and shall specially report to the chancery or circuit court the assessment which it has made on the lands beyond the boundaries of the district as already established.
(b) It shall then be the duty of the court to give notice by publication for two (2) weeks in a newspaper or newspapers published in the county or counties where the lands lie, describing the additional lands which have been assessed. The owners of real property so assessed shall be allowed thirty (30) days after the last publication of the notice to file with the clerk their protest against being included within the district.
(c) The court shall at its next session investigate the question whether the lands beyond the boundaries of the district so assessed by the board will in fact be benefited or damaged by the making of the improvement. From its finding in that regard and its order based thereon, either the property owners affected by the assessment or the board may within thirty (30) days file an appeal to the Supreme Court. If the finding and order is in favor of the inclusion of the lands, the limits of the district shall by order of the court be extended so as to embrace the lands.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-117-202. Petition for establishment — Engineer and survey — Bond.
(a) It shall be the duty of the court to enter upon its record an order appointing an engineer to be selected by the petitioners when a majority in number of the owners, exclusive of the owners of real property in incorporated towns or cities, of the lands or the owners of a majority in value of the lands, exclusive of the owners of real property in incorporated towns or cities, as shown by the last assessment of real property within a proposed district shall:
(1) Petition the chancery or circuit court to establish a district to embrace their property:
(A) Describing generally the region which it is intended shall be included within the district.
(B) Setting forth:
(i) The proposed name of the district;
(ii) The purpose or purposes of the district;
(iii) The general nature of the work to be done;
(iv) The necessity of the work;
(v) The feasibility of the work; and
(vi) The estimated cost of the project, as then estimated by those filing the petition from information they have at the time, with reasonable detail and definiteness in order that the court may understand the purpose, utility, feasibility, and need or necessity for the project; and
(2) File a good bond to pay for the expenses of survey of the proposed district, in case the district is not formed.
(b) The engineer selected by the petitioners shall be a suitable person, and if not, an engineer shall be named who is satisfactory to the court.
(c) The engineer shall give bond in a sum not less than one thousand dollars ($1,000) to be fixed by the court for the faithful discharge of his duties. He shall be liable upon such bonds for negligence or incompetency causing loss to the district.
(d) The engineer shall forthwi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-117-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-117-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-117-204. Notice and hearing.
(a) The chancery or circuit clerk shall give notice by publication for two (2) weeks in some newspaper published and having a general circulation in the county calling upon all persons owning property within the proposed district to appear before the court on some day to be fixed by the court to show cause in favor of or against the establishment of the district. If the court deems it to the best interest of the owners of real property within the proposed district that the district shall become a district under the terms of this chapter, it shall make an order upon its records establishing the property as a district subject to all the terms and provisions of this chapter.
(b) Any owner of real property within the territory of the proposed district may petition the court to exclude his property.
(c) If the court finds that the real property would not be benefited by the improvements of the proposed district, the court, in its order, shall exclude the real property of the petitioner or petitioners from the district. However, lands shall be excluded for irrigation purposes by the order of the court upon a showing that the land is supplied by adequate irrigation from surface sources or other sources existing at time of order creating the district and, provided further, that lands so excluded shall be subordinate to all lands within the irrigation district should water from the irrigation works be desired at a later date.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-117-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-117-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-117-206. Prompt payment of expenses required.
If the expenses incurred in the creation of a district are not promptly paid by the county or counties pursuant to the order of the court, a proceeding in mandamus shall lie to compel the payment of the expenses.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-117-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-117-206. This identifies an authority to review, not proof of applicability.