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14-40-2004. Hearing in circuit court — Appeal.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-40-2004. Hearing in circuit court — Appeal.
(a)(1) The circuit courts of the state shall have exclusive jurisdiction to hear all matters related to this subchapter.
(2) The circuit court of the county in which the municipalities are located or, in the event that the municipalities are located in different counties or judicial districts, the circuit court of the county or judicial district that has within the county's or judicial district's boundaries the smallest of the two (2) municipalities in population according to the latest federal decennial census, shall have exclusive jurisdiction to hear all matters related to this subchapter.
(b)(1)(A) Upon petition of either affected municipality, the landowner or group of landowners, or its representatives, the circuit judge shall hold a hearing or series of hearings related to the provisions of this subchapter.
(B) The municipalities, the landowner who requested annexation, and a landowner who began owning land after the annexation request are parties to the hearings.
(2) The circuit judge shall make findings as are necessary to determine whether there has been substantial compliance or noncompliance with the requirements of this subchapter.
(c) The petition under subdivision (b)(1) of this section shall be filed no later than twenty (20) days after the adoption or rejection of the ordinance, resolution, or motion bringing the subject property into the annexing jurisdiction.
(d) In the event an action is brought in circuit court by any party, the time period for the requested services to be available as provided in § 14-40-2002(b)(3)(B)(iii) shall be tolled until entry of a ruling by the circuit judge and the conclusion of any appeals from that court.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-40-2004
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:14-40-2004
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 36f94926d06c342cd793ba0a01e445f5bce3b75e180d1f36c964527eebafdff7
Source location: content.xml paragraph 9398
Stored source content
14-40-2004. Hearing in circuit court — Appeal.
(a)(1) The circuit courts of the state shall have exclusive jurisdiction to hear all matters related to this subchapter.
(2) The circuit court of the county in which the municipalities are located or, in the event that the municipalities are located in different counties or judicial districts, the circuit court of the county or judicial district that has within the county's or judicial district's boundaries the smallest of the two (2) municipalities in population according to the latest federal decennial census, shall have exclusive jurisdiction to hear all matters related to this subchapter.
(b)(1)(A) Upon petition of either affected municipality, the landowner or group of landowners, or its representatives, the circuit judge shall hold a hearing or series of hearings related to the provisions of this subchapter.
(B) The municipalities, the landowner who requested annexation, and a landowner who began owning land after the annexation request are parties to the hearings.
(2) The circuit judge shall make findings as are necessary to determine whether there has been substantial compliance or noncompliance with the requirements of this subchapter.
(c) The petition under subdivision (b)(1) of this section shall be filed no later than twenty (20) days after the adoption or rejection of the ordinance, resolution, or motion bringing the subject property into the annexing jurisdiction.
(d) In the event an action is brought in circuit court by any party, the time period for the requested services to be available as provided in § 14-40-2002(b)(3)(B)(iii) shall be tolled until entry of a ruling by the circuit judge and the conclusion of any appeals from that court.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-40-2002. Annexation into adjoining municipality.
(a)(1) A landowner or group of landowners seeking additional municipal services may have its land detached from the municipality in which it is located and annexed into another municipality that borders the land.
(2) However, before annexation is allowed, the municipality in which the land is located shall have an opportunity to provide the additional services.
(b) The following procedure shall apply:
(1) The landowner or landowners shall file a statement with the municipality in which the land is located listing the additional municipal service or services being sought and stating that:
(A) The municipality is not providing services necessary to create improvements, provide employment or additional employment, subdivide, or otherwise maximize the use and value of the property;
(B) All the land in the request composes one (1) area that is contiguous to another municipality;
(C) The additional services are available in another municipality that borders the land subject to the request; and
(D)(i) The municipality is requested to make a commitment to take substantial steps, within ninety (90) days after the statement is filed, toward providing the additional services and, within each thirty-day period thereafter, to continue taking steps to demonstrate a consistent commitment to provide the service within a reasonable time, as determined by the kind of services requested.
(ii) The commitment shall be made in writing to the landowner within thirty (30) calendar days of the filing of the statement, or the landowner may seek to have the land detached from the municipality and annexed into the other municipality.
(iii) The landowner shall take appropriate steps to make the land accessible to the service an
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-40-2002
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 14-40-2002. This identifies an authority to review, not proof of applicability.