§ 14-118-204 — Petition for district establishment - Notice and hearing

Arkansas § 14-118-204

• Jurisdiction: Arkansas
• Title: 14

Text

(a) Whenever the United States Congress has enacted a law adopting and authorizing a project for the improvement of the main stem of the Red River in Little River County, Hempstead County, Miller County, or Lafayette County in Arkansas, the Red River Commission, after performing the commission's duties as outlined and prescribed by § 14-118-202 , may petition the circuit court in the judicial district in which the largest portion of the lands to be benefited are situated and within a county in which some part or portion of lands in the proposed district are situated for the establishment of an improvement district to embrace the property within the area to be benefited. (b) The petition shall contain a general description of the region which it is intended shall be embraced within the district, a concise statement of the authorized and adopted project, a copy of the Act of Congress, together with the plans and estimated cost to be borne by the district as made by the United States Army Corps of Engineers or other agency of the United States Government, a concise statement showing the necessity of forming and creating the proposed improvement district, a concise statement as to the benefits to be received by the proposed adopted and authorized project, and a statement of the amount of local nonfederal costs necessary for the construction, operation, and maintenance of the project, together with a description of the other local participation required by the appropriate federal agency for construction of the improvements. (c) Upon the filing of the petition, it shall be presented to the judge of the circuit court, either in term or vacation, and the court shall make an order directing the clerk of the circuit court in which the petition is filed to give notice by publication for two (2) weeks in some newspaper or newspapers published and having a general circulation in each of the counties embraced within the proposed boundaries of the district, calling upon all persons owning property therein to appear before the court on some day to be fixed by the court to show cause in favor of or against the establishment of the district. (d) At the time named in the notice, the circuit court shall meet and hear all property owners within the proposed district who wish to appear and advocate or resist the establishment of the district. If the court finds and deems it to be in the best interest of the owners of real property within the district that the area shall become an improvement district, under the terms of this subchapter, it shall make an order upon its records establishing the area as an improvement district, subject to all of the terms and provisions of this subchapter. (e) All proceedings shall be had in the circuit court where the petition is filed, and all improvement districts created under this subchapter shall receive names selected and designated by the circuit court. (f) No petition filed under the provisions of this subchapter shall include lands in any other county except the one in which the petition is filed, unless there is attached to the petition a statement signed by twenty (20) landowners or by one-half (1/2) of the owners in the affected area of each of the counties sought to be included asking that the lands of their county be included.

Legislative History

Amended by Act 2023, No. 691,§ 55, eff. 7/1/2023. Acts 1973, No. 264, § 6; A.S.A. 1947, § 21-1019.