The Monticellonian., 1915-04-01
Important Facts on New Road Law

effective, has many important points
with which the public. the county Of
fcials and road-buiders should early
become familiar 1t VIII be the guild
ing rule in road work in the future,
so far as the formation Of road i'm
provement districts is concerned.
While it does not repeal any special
road district acts or special acts re.
Eating to particular counties. 1t dis
places all other general road statutes,
and even in counties where 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
tricts, 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-
nous affair, differs from the old law
very radically, and is striking for it,
pronounced leaning. at all times in IA
vor of the formation eff an improve
ment district, as against the clamor of
disgruntled property owners who
might incline to sit upon" an inn
provement merely because il cost
them some money
In this last regard the language Of
the act is worthy of reproduction 1t
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
Tho collection of any tax hereunder.
after a 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
ID. on petition to the county court
by majority. in land value, acreage
or number, of the property-owners of
the affected district; e.. by the APP
plcation of the county Judge or any
ten land owners within the proposed
district 10 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 mist be filed in writing
and the county court, in determining
the question OF sufiicieney of petition
ers, 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. inn
provements 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, it be deemed advisable to
provide a special engineer. who must
give $1,000 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 inl-
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
annaint three assessors. who must
meet in 80 days and organize and
whose assessment of benefits in the
district against the several property
owners must be filed with the county
clerk. Misconceptions of property or
name of own~r do not ;nralidate as
/ sessment After notice by publica-
ton. the county court gives hearing
on the assessments and enters order.
All objections must b. filed within
10 DAYS to be valid otherwise court S
order is binding on assessments.
Outside lands benefited by the for
nation Of the district may be taken
in after original district is formed
and road extensions may be made
through same. This feature is par
/ ticularly important, A re-adjustment
of assessment benefits may follow
such enlargement or may be made an.
nually without enlargement OF dis
trict, provided the total is not loweref
i