The Carlisle independent., 1915-04-01


 so far as the formation of road i'm provement districts is concerned. While 1t does not repeal any special road district acts or special acts re- lating to particular counties, it dis places all other general road statutes. l and even in counties where a special law applies, the petitioners may come in under the Alexander Act, If they believe 1t is to the best interest of the community
 The main feature of the new law embrace the manner of forming dis. triets, definition of real property, . process of organization and assess ment, method of taking in adjacent territory after original district is form ed, proportion of assessed benefits to property value, provision for issuing bonds, manner of letting contracts. prohibition of appeals for delay pur- poses, and relation of contractors to district after job is let In many re- spects the new law. which is a volum- tnous affair. differs from the old law very radically, and is striking for its pronounced leaning, at all times, in ia vor of the formation of an improve ment district, as against the clamor of disgruntled property owners who might incline to "sit upon an im- proyement merely because it cost them some money.
 In this last regard the language of aa+ ie9 r. says:
 This Act shall be literally con strued by the courts for the purpose Of aiding and promoting the improve ment of public roads in Arkansas, and upon the trial of any case relating to the establishment of any district or the collection of any tax hereunder, after district has been established by the county court, the presumption shall be in favor of the establishment of the district or the collection of the tax"
 The formation of road improvement districts is by either of two plans G), on petition to the county court by a majority, in land value, acreage or number, of the property-owners of the affected district; CD, by the ap- plication of the county judge or any ten land owners within the proposed district to the state highway depart ment for estimates, maps, etc, after which the project is submitted to the land owners of the district, by petition In both cases proper provision is made for the publication and court hearings to determine finally if the district shall be established. All objections to the district must be filed in writing and the county court, in determining the question of suficiency of petition CTS, is guided by general tax records Women may sign the petitions for the district, guardians may sign for wards, and trustees for estates.
 Real property" or land under the new law is defined as land, im- proyements thereon, railroads, rights of-ways of same, tram-roads, etc, and all public buildings
 The county courts order in estab- fishing a district is final and binding. except by direct attack on appeal No collateral attack is allowed, and prop. erty owners who do not appeal within SC days. waive all such rights.
 All districts are governed by three commissioners, appointed by the county court, and when the board iS organized it shall secure from the state highway engineer specific esti- mates of cost, plans. road materials etc.; unless, by judgment of the coun- ty court, 1t be deemed advisable to provide a special engineer, who must give S1,000 bond and whose plans are finally, subject to approval of the state highway engineer Only county roads or those that may hereafter be estab- lished as such, may be routed for im- provement, Commissioners may issue notes and borrow money for prelimi- nary work and incidental expenses, such as engineering. etc, to be covered by later assessments.
 After plans are filed by the board with the county court, the latter shall appoint three assessors. who must meet in 90 days and organize. and whose assessment of benefits in the district against the several property owners must be filed with the county clerk. Misdescriptions of property or name of owner do not invalidate as- sessment. After notice by publiea- tion, the county court gives a hearing on the assessments and enters order. All objections must be filed within 10 days to be valid; otherwise courts order is binding on assessments.
 Outside lands benefited by the for nation of the district may be taken fin after original district is formed, and road extensions may be made through same This feature is par ticularly important. A readjustment of assessment benefits may follow such enlargement, or may be made an- nually without enlargement of dis trict, provided the total is not lowered --~--~----------- ------>--~->~---------~-