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14-92-401. Petition by landowners.

Arkansas Code — all titles (historical 2020) · legal_authorities

14-92-401. Petition by landowners.

14-92-401. Petition by landowners. (a)(1) The owners of a two-thirds (2/3) majority in value as shown by the last county assessment of the real property within any suburban improvement district may, by written petition, require the board of commissioners of the district to sell all or any portion of the real or personal property, or both, owned by the district. (2)(A) The petition shall specify with reasonable certainty what property is to be sold and shall stipulate the sale price and may specify such other terms and conditions of the sale as to the petitioners may seem desirable. (B) The sale price shall in no event be a sum less than the amount necessary to pay all the outstanding secured indebtedness against the property to be sold. (b) Upon the filing of the petition, the board shall give notice by publication once a week for two (2) weeks in some newspaper having a general circulation throughout the district, advising the owners of real property within the district that on a day therein named the commissioners will hear the petition and determine whether those signing it constitute a two-thirds (2/3) majority in value of the owners of real property within the district. (c)(1) At the meeting named in the notice, the owners of real property within the district shall be heard before the board which shall determine whether the signers of the petition constitute a two-thirds (2/3) majority in value. (2)(A) The finding of the commissioners shall be conclusive, unless within thirty (30) days thereafter, suit is brought to review its action in the chancery court of the county in which the district was organized. (B) In determining whether those signing the petition constitute a two-thirds (2/3) majority in value of the owners of the real property within the

Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-92-401

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. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:14-92-401
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 40089b7778b66e02269d499762b94afe44787f7add0b4cb01ac6d64a83ed745b

Source location: content.xml paragraph 25964

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14-92-401. Petition by landowners. (a)(1) The owners of a two-thirds (2/3) majority in value as shown by the last county assessment of the real property within any suburban improvement district may, by written petition, require the board of commissioners of the district to sell all or any portion of the real or personal property, or both, owned by the district. (2)(A) The petition shall specify with reasonable certainty what property is to be sold and shall stipulate the sale price and may specify such other terms and conditions of the sale as to the petitioners may seem desirable. (B) The sale price shall in no event be a sum less than the amount necessary to pay all the outstanding secured indebtedness against the property to be sold. (b) Upon the filing of the petition, the board shall give notice by publication once a week for two (2) weeks in some newspaper having a general circulation throughout the district, advising the owners of real property within the district that on a day therein named the commissioners will hear the petition and determine whether those signing it constitute a two-thirds (2/3) majority in value of the owners of real property within the district. (c)(1) At the meeting named in the notice, the owners of real property within the district shall be heard before the board which shall determine whether the signers of the petition constitute a two-thirds (2/3) majority in value. (2)(A) The finding of the commissioners shall be conclusive, unless within thirty (30) days thereafter, suit is brought to review its action in the chancery court of the county in which the district was organized. (B) In determining whether those signing the petition constitute a two-thirds (2/3) majority in value of the owners of the real property within the district, the commissioners and the court shall be guided by the record of deeds in the office of the recorder of the county and shall not consider any unrecorded instrument.

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