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14-121-408. Alteration of plans — Reassessment.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-121-408. Alteration of plans — Reassessment.
(a) The commissioners may at any time alter the plans of the ditches and drains, but before constructing the work according to the changed plans, the changed plans with accompanying specifications showing the dimensions of the work as changed shall be filed with the county clerk. Notice of the filing shall be given by publication for one (1) insertion in some newspaper issued and having a bona fide circulation in each of the counties in which there are lands belonging to the district.
(b) If by reason of the change of plans either the board of commissioners or any property owners deem that the assessment on any property has become inequitable, they may petition the county court which shall thereupon refer the petition to the commissioners provided for in § 14-121-201, who shall reassess the property mentioned in the petition, increasing the assessment if greater benefits will be received and allowing damages if less benefits will be received or if damages will be sustained.
(c) In no event shall a reduction of assessments be made after the assessment of benefits has been confirmed, but any reduction in benefits shall be paid for as damages. That claim for damages shall be secondary and subordinate to the rights of the holders of bonds which have heretofore been issued.
(d) From the action of the commissioners in the matter, the property owners shall have the same right of appeal provided by § 14-121-405 for the original assessment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-121-408
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:14-121-408
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 345cf9d19ce9cc1bff12ee87051f4f64da9b69e548594dd9c6d0fcf08a0f84e3
Source location: content.xml paragraph 31098
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14-121-408. Alteration of plans — Reassessment.
(a) The commissioners may at any time alter the plans of the ditches and drains, but before constructing the work according to the changed plans, the changed plans with accompanying specifications showing the dimensions of the work as changed shall be filed with the county clerk. Notice of the filing shall be given by publication for one (1) insertion in some newspaper issued and having a bona fide circulation in each of the counties in which there are lands belonging to the district.
(b) If by reason of the change of plans either the board of commissioners or any property owners deem that the assessment on any property has become inequitable, they may petition the county court which shall thereupon refer the petition to the commissioners provided for in § 14-121-201, who shall reassess the property mentioned in the petition, increasing the assessment if greater benefits will be received and allowing damages if less benefits will be received or if damages will be sustained.
(c) In no event shall a reduction of assessments be made after the assessment of benefits has been confirmed, but any reduction in benefits shall be paid for as damages. That claim for damages shall be secondary and subordinate to the rights of the holders of bonds which have heretofore been issued.
(d) From the action of the commissioners in the matter, the property owners shall have the same right of appeal provided by § 14-121-405 for the original assessment.
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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
14-121-405. Hearing on complaints — Appeal.
(a) Any owner of real property within the district who perceives himself to be aggrieved by the assessment of benefits or damages or deems that the assessment of any land in the district is inadequate shall present his complaint to the county court at the first regular, adjourned, or special session held more than ten (10) days after the publication of the notice.
(b) The court shall consider the complaint and enter its finding thereon, either confirming the assessment or increasing or diminishing the assessment.
(c) The court's finding shall have the force and effect of a judgment, from which an appeal may be taken within twenty (20) days, either by the property owners or by the commissioners of the district.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-121-405
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 14-121-405. This identifies an authority to review, not proof of applicability.