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14-298-117. Vacation of road.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-298-117. Vacation of road.
(a)(1) When any county road or any part of any county road is considered useless, any ten (10) citizens residing in that portion of the county may make application by petition agreeable to § 14-298-124 to the county court to vacate the road, setting forth in the petition the reason why the road ought to be vacated.
(2) The petition shall be publicly read by the county court at the hearing on the petition, with the proof of notice and publication required by this chapter.
(b) If no objections are made and filed, the county court may declare the road vacated, or any part thereof that it may deem necessary.
(c) If objection is made in writing, the county court shall appoint three (3) viewers to view the road who shall proceed, after taking the oath or affirmation required by this chapter, to view the road as aforesaid and make a written report of their opinion thereon, and their reason for the opinion, to the county court. If the viewers shall report in favor of vacating the road, or any part thereof, the court, if it deems the report reasonable and just, may declare the road, or any part thereof, vacated, agreeable to the report of the viewers.
(d) The costs thereof and expenses incident thereto shall be paid by the petitioners unless the county court shall order the costs and expenses paid out of the county treasury.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-298-117
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:14-298-117
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b785d0028d448819ac4b6f7acfe91befb814a9feac3d59ea020c01961717529a
Source location: content.xml paragraph 54623
Stored source content
14-298-117. Vacation of road.
(a)(1) When any county road or any part of any county road is considered useless, any ten (10) citizens residing in that portion of the county may make application by petition agreeable to § 14-298-124 to the county court to vacate the road, setting forth in the petition the reason why the road ought to be vacated.
(2) The petition shall be publicly read by the county court at the hearing on the petition, with the proof of notice and publication required by this chapter.
(b) If no objections are made and filed, the county court may declare the road vacated, or any part thereof that it may deem necessary.
(c) If objection is made in writing, the county court shall appoint three (3) viewers to view the road who shall proceed, after taking the oath or affirmation required by this chapter, to view the road as aforesaid and make a written report of their opinion thereon, and their reason for the opinion, to the county court. If the viewers shall report in favor of vacating the road, or any part thereof, the court, if it deems the report reasonable and just, may declare the road, or any part thereof, vacated, agreeable to the report of the viewers.
(d) The costs thereof and expenses incident thereto shall be paid by the petitioners unless the county court shall order the costs and expenses paid out of the county treasury.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-298-124. Altering public roads on private land.
(a)(1) If any person through whose land a public road is or may be established shall be desirous of turning the road through any other part of his or her land, that person shall apply by petition to the county court to permit him or her to turn the road through any other part of his or her land on as good ground and without increasing the distance to the injury of the public.
(2) Upon presentation of the petition, the person shall present a supporting affidavit to the effect that the proposed change will not materially increase the distance to the injury of the public, together with opinions by supporting affidavits in writing as to the utility or practicability of the alteration.
(b) The court shall declare the new road a public highway if:
(1) The court finds that the prayer of the petition is reasonable and the alteration will not place the road on worse ground or increase the distance to the injury of the public;
(2) The court is satisfied that the new road will be opened by the petitioner, a legal width and, in all respects made as good as the old road was for the convenience of travelers; and
(3) In the opinion of the court, the petition shall be just and reasonable.
(c) A person desiring the alteration provided in this section shall pay all the cost incident to the proceedings, and no damages shall be allowed to any petitioner under the provisions of this section by reason of any such change to any petitioner.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-298-124
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 14-298-124. This identifies an authority to review, not proof of applicability.