§ 14-284-104 — Petition - Notice and hearing

Arkansas § 14-284-104

• Jurisdiction: Arkansas
• Title: 14

Text

(a) Upon the filing of the petition, it shall be the duty of the county clerk to give notice of the filing thereof, 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. (1) The notice shall be published one (1) time a week for two (2) weeks in some newspaper published and having a bona fide circulation in the county where the lands affected are situated. (2) This notice may be in the following form: Click here to view form. (b) Any number of identical petitions may be circulated, and identical petitions with additional names may be filed at any time until the county court acts. (c) On the day named in the notice, it shall be the duty of the county court to meet and to hear the petition and to ascertain whether those signing the petition constitute a majority in value. (1) 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. (2) If it finds that a majority has not signed the petition, the county court shall enter its order denying the petition. (d) Any petitioner or any opponent 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.

Legislative History

Acts 1939, No. 183, § 2; A.S.A. 1947, § 20-902.