Browse Arkansas Code titles and sections
14-301-404. Appeal — Bond.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-301-404. Appeal — Bond.
(a) Any person, firm, or corporation aggrieved by the finding of any council of any city or town upon any petition named in this subchapter shall have the right to appeal to the circuit court of the county in which the city or town is located, upon the filing of a good and sufficient bond for all costs of the appeal and an affidavit setting forth that the appeal is not taken for delay but that justice may be done the party appealing. The bond and affidavit shall be filed within ten (10) days after the hearing provided for in § 14-301-402, and not thereafter, but the appeal shall not operate to delay the construction of any building of any public school, hospital, orphanage, or church unless the parties taking the appeal shall enter into bond for the diligent prosecution of the appeal and guaranteeing the payment of all damages that may result from the delay in the construction of the buildings during the time the appeal shall be pending. The bond is to be filed with the city clerk or recorder of the city or town council from the finding of which the appeal shall be taken.
(b) Upon all appeals, the case shall be heard de novo by the circuit judge sitting as a jury. If the court shall find that the lands embraced in the alley or any part of the alley described in the petition are needed for the construction of any of the buildings described in § 14-301-401, that the petition is signed by ten (10) or more owners of real property in the city or town where the alley lies, and that the petition is also signed by a majority of the owners of real property abutting the alley, it shall be the duty of the court to dismiss the appeal; otherwise, the court shall declare the ordinance passed by the city or town council to be void and of no effect and sh
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-301-404
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:14-301-404
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8b78da011bd9b00f3d993ec0ba808e76501d1ef6e24bcdd0d8acb6d0a48b595c
Source location: content.xml paragraph 55576
Stored source content
14-301-404. Appeal — Bond.
(a) Any person, firm, or corporation aggrieved by the finding of any council of any city or town upon any petition named in this subchapter shall have the right to appeal to the circuit court of the county in which the city or town is located, upon the filing of a good and sufficient bond for all costs of the appeal and an affidavit setting forth that the appeal is not taken for delay but that justice may be done the party appealing. The bond and affidavit shall be filed within ten (10) days after the hearing provided for in § 14-301-402, and not thereafter, but the appeal shall not operate to delay the construction of any building of any public school, hospital, orphanage, or church unless the parties taking the appeal shall enter into bond for the diligent prosecution of the appeal and guaranteeing the payment of all damages that may result from the delay in the construction of the buildings during the time the appeal shall be pending. The bond is to be filed with the city clerk or recorder of the city or town council from the finding of which the appeal shall be taken.
(b) Upon all appeals, the case shall be heard de novo by the circuit judge sitting as a jury. If the court shall find that the lands embraced in the alley or any part of the alley described in the petition are needed for the construction of any of the buildings described in § 14-301-401, that the petition is signed by ten (10) or more owners of real property in the city or town where the alley lies, and that the petition is also signed by a majority of the owners of real property abutting the alley, it shall be the duty of the court to dismiss the appeal; otherwise, the court shall declare the ordinance passed by the city or town council to be void and of no effect and shall enter an order accordingly.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-301-401. Closure authority.
When, in the opinion of a majority of the members of any city or town council in any of the cities of the first or second class or any incorporated towns of this state, it shall be necessary and desirable to use the land which is or may be dedicated for the use of the general public as an alley through or across any part of any block in the city or town, upon which to build any public school, hospital, orphanage, or church building, or any addition to the buildings as may be built, it shall be lawful for the city or town council, by ordinance duly enacted, to vacate and close the alley, or any part thereof, thereby cancelling and rescinding the rights of the general public and the owners of real property abutting upon the alley to use the property as an alley. However, the procedure for vacating and closing an alley or any part thereof shall be as set out in this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-301-401
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 14-301-401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-301-402. Petition of property owners to close alley — Notice.
When any person files with the city clerk or recorder of any city of the first or second class or any incorporated town in this state a petition signed by ten (10) or more persons claiming to be owners of real property in the city or town and including a majority of the owners of real property abutting upon any alley running through or across any part of any block in the city, with this petition stating that the land embraced in the alley or any part thereof is needed for the purpose of building on the lands any public school, hospital, orphanage, or church building, or any addition to those buildings, and praying that the alley be vacated as a whole or in part and, if not as a whole, describing specifically the part of the alley desired to be vacated, then it shall be the duty of the city clerk or recorder to give notice of the filing of the petition by publication in some newspaper published in the city or town, by one (1) insertion. If no newspaper is published therein, notice shall be given by publication of the notice, by one (1) insertion, in any newspaper published in the county and shall call upon the owners of real property abutting upon the alley and upon all other persons, firms, and corporations, to appear before the council of the city or town at its next regular meeting to be held after ten (10) days from the date of the notice and show cause, if any they can, why the petition should not be granted and the alley vacated.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-301-402
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 14-301-402. This identifies an authority to review, not proof of applicability.