Browse Arkansas Code titles and sections
14-38-103. Hearing on petition.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-38-103. Hearing on petition.
(a)(1) Every incorporation hearing under this chapter shall be public and may be adjourned from time to time.
(2) Any person interested may appear and contest the granting of the prayer of the petition, and affidavits in support of or against the petition, which may be prepared and submitted, shall be examined by the county court.
(b)(1) In its discretion, the court may permit the agent named in the original petition to amend or change it.
(2) However, no amendment shall be permitted whereby territory not before embraced shall be added or the character of the proposed city or incorporated town changed from special to general, or from general to special, without appointing another time for a hearing and requiring new notice to be given as provided in § 14-38-101.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-38-103
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:14-38-103
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 22eb5aa91908e3c01e52986aebcb5b86f93e08da575871cbbc636d73a53e6675
Source location: content.xml paragraph 8082
Stored source content
14-38-103. Hearing on petition.
(a)(1) Every incorporation hearing under this chapter shall be public and may be adjourned from time to time.
(2) Any person interested may appear and contest the granting of the prayer of the petition, and affidavits in support of or against the petition, which may be prepared and submitted, shall be examined by the county court.
(b)(1) In its discretion, the court may permit the agent named in the original petition to amend or change it.
(2) However, no amendment shall be permitted whereby territory not before embraced shall be added or the character of the proposed city or incorporated town changed from special to general, or from general to special, without appointing another time for a hearing and requiring new notice to be given as provided in § 14-38-101.
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
14-38-101. Petition for incorporation.
(a)(1) When the inhabitants of a part of any county not embraced within the limits of any city or incorporated town shall desire to be organized into a city or incorporated town, they may apply, by a petition in writing, signed by the greater of either two hundred (200) or a majority of the qualified voters residing within the described territory, to the county court of the proper county.
(2) The petition shall:
(A) Describe the territory proposed to be embraced in the incorporated town and have annexed to it an accurate map or plat of the territory;
(B) State the name proposed for the incorporated town; and
(C) Name the persons authorized to act in behalf of the petitioners in prosecuting the petition.
(b)(1) Unless the governing body of the municipal corporation has affirmatively consented to the incorporation by written resolution or the area that seeks to be incorporated contains a population of one thousand five hundred (1,500) or more, the court shall not approve the incorporation of a municipality if any portion of the territory proposed to be embraced in the incorporated town lies within:
(A) Three (3) miles of an existing municipal corporation; or
(B) The area in which that existing municipal corporation is exercising its planning territorial jurisdiction.
(2) The planning territorial jurisdiction limitation shall not apply if the area proposed to be incorporated is land upon which a real estate development by a single developer, containing not less than four thousand (4,000) acres, has been or is being developed under a comprehensive plan for a community containing streets and other public services, parks, and other recreational facilities for common use by the residents of the community, churches, schoo
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-38-101
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 14-38-101. This identifies an authority to review, not proof of applicability.