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14-298-122. Opening or altering roads in counties voting for road tax — Notice by actions.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-298-122. Opening or altering roads in counties voting for road tax — Notice by actions.
(a) The purpose of this section is to establish a rule defining what actions have supplied the requisite notice to affected landowners of the condemnation of their property by county court orders effected pursuant to § 14-298-121.
(b) Entry and notice shall mean:
(1) Any construction work performed on a road, street, or highway where the right-of-way thereof condemned by the county court is on a new location was entry and was notice of the existence of the condemnation order, from the date of performance of the work, to the person owning, prior to the court order, the property entered upon;
(2) Where the right-of-way condemned by a county court order included an existing road, street, or highway, construction work on the right-of-way which was more than the mere resurfacing or reconditioning of the existing road, street, or highway, was entry and was notice of the existence of the condemnation order to the person owning, prior to the court order, the property entered upon.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-298-122
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:14-298-122
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 131920c4e7ba18dd44a9e7150e9d434cf33451f0dec446b96c928254683a5340
Source location: content.xml paragraph 54808
Stored source content
14-298-122. Opening or altering roads in counties voting for road tax — Notice by actions.
(a) The purpose of this section is to establish a rule defining what actions have supplied the requisite notice to affected landowners of the condemnation of their property by county court orders effected pursuant to § 14-298-121.
(b) Entry and notice shall mean:
(1) Any construction work performed on a road, street, or highway where the right-of-way thereof condemned by the county court is on a new location was entry and was notice of the existence of the condemnation order, from the date of performance of the work, to the person owning, prior to the court order, the property entered upon;
(2) Where the right-of-way condemned by a county court order included an existing road, street, or highway, construction work on the right-of-way which was more than the mere resurfacing or reconditioning of the existing road, street, or highway, was entry and was notice of the existence of the condemnation order to the person owning, prior to the court order, the property entered upon.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-298-121. Opening or altering roads in counties voting for road tax generally.
(a)(1) The county courts shall have power to:
(A) Open new roads;
(B) Make changes in old roads as they may deem necessary and proper; and
(C) Classify the roads and bridges in their respective counties for the purpose of this chapter.
(2)(A) When the change is made or any new road is opened, the road shall be located on section lines as nearly as may be, taking into consideration the conveniences of the public travel, contour of the country, etc.
(B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50') wide, providing a minimum of twenty-five feet (25') of right-of-way on either side of the center line.
(3) An appropriate order of the county court shall be made and entered of record.
(b)(1) Any five (5) or more interested landowners may petition the county court for the opening of any road as a public road.
(2) The petition shall give the starting point and terminus of the road, as well as intermediate points, and other description or plat that permits the location of the road by the county surveyor.
(c)(1) The petition shall be accompanied by a bond signed by at least one (1) of the petitioners and by other good and sufficient sureties.
(2) The bond shall provide for reimbursing the county for any claims that may be sustained against the county for lands taken by opening of the road.
(d)(1) On filing the petition, the county court shall set a date for the hearing.
(2)(A) It shall be the duty of one (1) of the petitioners to give at least thirty (30) days' notice in writing to the owners as required by § 14-298-108.
(B) If service is not obtained, then by one (1) insertion for two (2) weeks in some newspaper published and
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-298-121
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 14-298-121. This identifies an authority to review, not proof of applicability.