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14-125-704. Acquiescence in damage assessment — Demand for assessment — Condemnation.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-125-704. Acquiescence in damage assessment — Demand for assessment — Condemnation.
Any owner of land may accept the assessment of damages in his favor made by the assessors or acquiesce in their failure to assess damages in his favor. He shall be construed to have done so unless he gives to the board, not later than the date of the hearing provided for in § 14-125-703, notice in writing that he demands an assessment of his damages by a jury. In this event, the board shall institute an action to condemn the land that will be taken or damaged in carrying out the works of improvement included in the approved improvement plan, which action shall be in accordance with the proceedings provided in § 14-125-303(a)(3).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-125-704
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:14-125-704
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0cdcbce513c12d19a4e58363d5f2b073fd10eeff088af3d41a6a16a28f905454
Source location: content.xml paragraph 33887
Stored source content
14-125-704. Acquiescence in damage assessment — Demand for assessment — Condemnation.
Any owner of land may accept the assessment of damages in his favor made by the assessors or acquiesce in their failure to assess damages in his favor. He shall be construed to have done so unless he gives to the board, not later than the date of the hearing provided for in § 14-125-703, notice in writing that he demands an assessment of his damages by a jury. In this event, the board shall institute an action to condemn the land that will be taken or damaged in carrying out the works of improvement included in the approved improvement plan, which action shall be in accordance with the proceedings provided in § 14-125-303(a)(3).
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-125-303. Powers of districts and directors.
(a) A soil and water conservation district organized under the provisions of this chapter shall constitute a governmental subdivision of this state, and a public body, corporate and politic, exercising public powers. The district and the directors thereof shall have the following powers, in addition to others granted in other sections of this chapter:
(1) To carry out preventive and control measures and works of improvement for flood prevention or the conservation, development, and utilization of soil and water resources and the disposal of water within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and the measures listed in § 14-125-104, on lands owned or controlled by this state or any of its agencies, with the consent and cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner of the lands or the necessary rights or interests in the lands. When needed to carry out the purposes of the chapter within the district, works of improvement may also be carried out outside the boundaries of the district.
(2) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any owner of lands within the district, in the carrying on of erosion-control and prevention operations and works of improvement for flood prevention of the conservation, development, and utilization of soil and water resources and the disposal of water within the district, subject to such conditions as the directors may deem necess
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-125-303
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 14-125-303. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-125-703. Notice — Hearing of complaints — Appeal.
(a) Upon the filing of assessment, the clerk shall give notice thereof by publication for two (2) weeks in some newspaper published and having a general circulation in the county or counties in which the lands in the project area are located.
(b) The notice shall give a description of the land assessed and state that the owners of the land may appear before the court on a day named therein and present complaints, if they have any, against the assessment of any land in the project area.
(c) The day so named shall be not less than ten (10) days nor more than thirty (30) days after the last publication of the notice.
(d) If no complaint is made as provided in this section, the assessment as deposited with the clerk shall be conclusive and the court shall enter an order confirming the assessment.
(e) Any owner of land within the project area who conceives himself to be aggrieved by the assessment of benefits or damages or deems that the assessment of any land within the project area is inadequate shall present his complaint to the court on the day named in the notice.
(f) The court shall consider the complaint and enter its finding thereon, either confirming the assessment or increasing or diminishing it.
(g) Its findings shall have the force and effect of a judgment, from which an appeal may be taken within thirty (30) days, either by any such owner of land or by the board of directors.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-125-703
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 14-125-703. This identifies an authority to review, not proof of applicability.