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14-121-204. Signatures — Establishment when no petition is filed.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-121-204. Signatures — Establishment when no petition is filed.
(a) If, upon hearing provided for in §§ 14-121-201 — 14-121-203, the petition is presented to the county court signed by a majority, either in numbers or in acreage or in value of the holders of real property within the proposed district, praying that the improvement be made, it shall be the duty of the county court to make the order establishing the district without further inquiry.
(b) If no petition is filed, it shall be the duty of the county court to investigate as provided in §§ 14-121-201 — 14-121-203 and to establish the district if it is of the opinion that the establishment thereof will be to the advantage of the owners of real property therein.
(c) The petition provided for therein may be signed by guardians for their wards, and by trustees, executors, and administrators for the estates represented by them.
(d) If the signature of any corporation thereto is attested by the corporate seal, the signature shall be sufficient evidence of the assent of the corporation to the petition.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-121-204
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:14-121-204
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 73001ef22f2c9e5e72f685eb14eb1f0da3f7b38defff0d069082ce818863ef77
Source location: content.xml paragraph 30600
Stored source content
14-121-204. Signatures — Establishment when no petition is filed.
(a) If, upon hearing provided for in §§ 14-121-201 — 14-121-203, the petition is presented to the county court signed by a majority, either in numbers or in acreage or in value of the holders of real property within the proposed district, praying that the improvement be made, it shall be the duty of the county court to make the order establishing the district without further inquiry.
(b) If no petition is filed, it shall be the duty of the county court to investigate as provided in §§ 14-121-201 — 14-121-203 and to establish the district if it is of the opinion that the establishment thereof will be to the advantage of the owners of real property therein.
(c) The petition provided for therein may be signed by guardians for their wards, and by trustees, executors, and administrators for the estates represented by them.
(d) If the signature of any corporation thereto is attested by the corporate seal, the signature shall be sufficient evidence of the assent of the corporation to the petition.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-121-201. Petition for establishment — Engineer and survey — Bond.
(a) It shall be the duty of the county court to enter upon its records an order appointing an engineer to be selected by the petitioners when three (3) or more owners of real property within a proposed district shall:
(1) Petition the county court to establish a drainage district or a district to construct drainage or drainage and levee improvements in conjunction with the federal government and thereafter to maintain the whole of the improvements, or to maintain drainage or levee improvements constructed wholly or in part by the federal government, to embrace their property, describing generally the region which it is intended shall be embraced within the district; and
(2) File a good bond to pay for the expense of survey of the proposed district, in case the district is not formed.
(b) However, the engineer whom they select shall be a suitable person, and if not, an engineer shall be named who is satisfactory to the court. He 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, and shall be liable upon such bond for negligence or incompetency causing loss to the district.
(c) The engineer shall forthwith proceed to make a survey and ascertain the limits of the region which would be benefited by the proposed system of drainage.
(d) The engineer shall file with the county clerk a report showing the territory which will be benefited by the proposed improvement, giving a general idea of its character and expense and making such suggestions as to the size of the drainage ditches and their location as he may deem advisable.
(e) All expense incident to the survey and cost of publication shall be paid by the co
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-121-201
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 14-121-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-121-203. Land in more than one county.
(a) If land in more than one (1) county is embraced in the proposed district, the application shall be addressed to the circuit court in which the largest portion of the lands lie, and all proceedings shall be had in the circuit court.
(b) The circuit court shall apportion all costs between the county or counties in proportion to the benefits assessed to each county.
(c) The expenses incurred prior to the time when the assessment is made shall be apportioned between the counties in the proportion which the circuit court shall deem to be just and equitable.
(d) All notices in that event shall be published in newspapers published and having bona fide circulation in each county in which the district embraces lands.
(e) All of the districts shall be numbered consecutively or else shall receive names selected by the county court.
(f) If the county court does not act promptly in complying with the terms of any section of this act essential to the creation and operation of the districts, it may be compelled to do so by mandamus.
(g) The domicile of the district shall be the county in which the largest portion of the lands in the district lie, and all suits against it shall be by service on all of the commissioners of the district.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-121-203
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 14-121-203. This identifies an authority to review, not proof of applicability.