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20-17-1103. Petition — Notice and hearing.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-1103. Petition — Notice and hearing.
(a)(1) It shall be the duty of the county clerk to give notice of the filing of the petition, describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the district to appear before the county court on a day to be fixed in the notice.
(2) The notice shall be published one (1) time a week for two (2) consecutive weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated.
(3) This notice may be in the following form:
“Notice is hereby given that a petition has been filed praying for the formation of an improvement district for the purpose of . Said petition is on file at the office of the County Clerk of County, where it is open to inspection. All persons desiring to be heard on the question of formation of said district will be heard by the County Court at M., on the day of , 20 . The following lands are affected: (Here give description of lands affected; the same may be described by using the largest subdivisions possible.) County Clerk”
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(b) Any number of identical petitions may be circulated and identical petitions with identical names may be filed at any time until the county court acts.
(c)(1) On the day named in the notice it shall be the duty of the county court to meet to hear the petition and to determine whether those signing the petition constitute a majority in value.
(2) If the county court determines that a majority in value have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appointing the commissioners.
(3) If it finds that a majority has not signed the petition, it shall
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-1103
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:20-17-1103
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d3f35feeb5bb2929f607a01bf8118db4fd3388b81fcb88a7d8d111e6cddd10fd
Source location: content.xml paragraph 16580
Stored source content
20-17-1103. Petition — Notice and hearing.
(a)(1) It shall be the duty of the county clerk to give notice of the filing of the petition, describing the territory to be affected and calling upon all persons who wish to be heard upon the question of the establishment of the district to appear before the county court on a day to be fixed in the notice.
(2) The notice shall be published one (1) time a week for two (2) consecutive weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated.
(3) This notice may be in the following form:
“Notice is hereby given that a petition has been filed praying for the formation of an improvement district for the purpose of . Said petition is on file at the office of the County Clerk of County, where it is open to inspection. All persons desiring to be heard on the question of formation of said district will be heard by the County Court at M., on the day of , 20 . The following lands are affected: (Here give description of lands affected; the same may be described by using the largest subdivisions possible.) County Clerk”
Click to view form.
(b) Any number of identical petitions may be circulated and identical petitions with identical names may be filed at any time until the county court acts.
(c)(1) On the day named in the notice it shall be the duty of the county court to meet to hear the petition and to determine whether those signing the petition constitute a majority in value.
(2) If the county court determines that a majority in value have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appointing the commissioners.
(3) If it finds that a majority has not signed the petition, it shall enter its order denying the petition.
(d) Any petitioner or any opponents of the petition may appeal from the judgment of the county court creating or refusing to create the district, but the appeal must be taken and perfected within thirty (30) days. If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons.
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