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14-118-305. Petition to acquire powers of drainage district — Notice — Hearing — Order — Appeal.

Arkansas Code — all titles (historical 2020) · legal_authorities

14-118-305. Petition to acquire powers of drainage district — Notice — Hearing — Order — Appeal.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-118-305

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:14-118-305
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1b86bc14a17e0f465ff74636c7ebfe5a2134dec2c56edf259126b745f03c9987

Source location: content.xml paragraph 28962

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14-118-305. Petition to acquire powers of drainage district — Notice — Hearing — Order — Appeal. (a) The board of commissioners of such an improvement district, by resolution adopted by a majority of the members thereof, may determine that the improvement district should have those rights, powers, and privileges of drainage districts organized under the existing laws of this state and all amendments thereof and specifically under §§ 14-120-601 — 14-120-608, 14-121-101 — 14-121-105, 14-121-201 — 14-121-208, 14-121-301 — 14-121-305, 14-121-307 — 14-121-314, 14-121-401 — 14-121-412, 14-121-420 — 14-121-433, 14-121-440 — 14-121-443, 14-121-501 — 14-121-504, 14-121-602 — 14-121-607, 14-121-701 — 14-121-706, 14-121-801 — 14-121-811, 14-121-1001 — 14-121-1009, and 14-123-313, inclusive, and upon the adoption of the resolution may petition the circuit court by order of which the district was created for such powers. (b) Upon the filing of the petition, the petition shall be presented to the judge of the circuit court, either in term or vacation, and the court shall make an order directing the clerk of the circuit court in which the petition is filed to give notice by publication for two (2) weeks in some newspaper or newspapers published and having a general circulation in each of the counties embraced within the boundaries of the improvement district, calling upon all persons owning property therein to appear before the court on some day to be fixed by the court and to show cause in favor of or against the enlargement of powers of the district. (c) At the time named in that notice, the circuit court shall meet and hear all property owners within the district who wish to appear and advocate or resist the enlargement of powers of the district. If the court finds and deems it to be in the best interest of the owners of real property within the district that the powers thereof shall be enlarged as herein provided, it shall make an order upon its records granting to the district the powers herein specified. (d) The order of the circuit court enlarging the powers of the district shall have all the force and effect of a judgment. (e) Any owner of real property within the district may appeal from the judgment within thirty (30) days after the judgment has been made, but if no appeal is taken within that time, the judgment authorizing the enlargement of the powers of the district shall be deemed conclusive and binding upon all of the property within the bounds of the district and upon the owners thereof. Any owner of property in the district or the board of commissioners may within a like manner appeal from an order refusing to enlarge the powers thereof.

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Arkansas Code — all titles (historical 2020) · legal_authorities

14-120-601. Subchapter supplemental.

14-120-601. Subchapter supplemental. The provisions of this subchapter shall be supplemental to the laws of this state governing levee and drainage districts and shall repeal only those laws or parts of laws which are specifically in conflict with this subchapter. It is the intent of the General Assembly that this subchapter shall not modify, affect, or repeal any of the existing levee and drainage district laws of this state, except to the extent the laws conflict with the provisions of this subchapter.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-120-601

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 14-120-601. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

14-120-608. Filling vacancies and new positions.

14-120-608. Filling vacancies and new positions. Vacancies in the office of commissioners, or creation of new positions by increase of number, shall be filled by order of the court having jurisdiction, subject to the following: (1) Ten (10) or more landowners against whose lands more than fifty percent (50%) in value of the assessment of benefits in a district is levied may, at any time, petition the court to remove a commissioner or commissioners and to appoint designated qualified persons as successors, and the court shall forthwith enter an order to that effect. (2) In the event of expiration of term of office, removal, or vacancy from any other cause, and in the absence of a petition as specified in the preceding subdivision, the court, on petition of any number of landowners or by the remaining commissioners, shall enter an order making the appointments. It shall cause notice to be published once a week for two (2) weeks in a newspaper or newspapers having general circulation in each of the counties involved in the district of the entry of its order appointing named commissioners for specified terms. Such notice shall specify a time and place for hearing, which shall be not less than ten (10) days after first publication of notice, at which time objections to such appointments will be heard. At the hearing the court may confirm the appointments or appoint any other qualified person.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-120-608

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 14-120-608. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

14-121-101. Definitions.

14-121-101. Definitions. (a) As used in this act, unless the context otherwise requires: (1) “Real property” shall have the same meaning as when used in § 26-1-101 et seq. and shall embrace all railroads and tramroads within the district; (2) “Ditch” includes branch or lateral ditches, tile drains, levees, sluiceways, floodgates, and any other construction work found necessary for the reclamation of wet and overflowed land. (b) Whenever the words “county court” or “county judge” are used in this act, they shall be construed to mean “circuit court” or “circuit judge,” and the words “county clerk” shall mean “circuit clerk” in cases where the district contains lands in more than one (1) county.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-121-101

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 14-121-101. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

14-121-105. Obstructing or damaging drainage works — Penalty.

14-121-105. Obstructing or damaging drainage works — Penalty. Any person who obstructs a drain or damages drainage works provided for by this act shall be guilty of a violation and fined one hundred dollars ($100). He or she shall also be liable to the district for double the cost of removing the obstruction or repairing damage.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-121-105

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 14-121-105. This identifies an authority to review, not proof of applicability.