The Harrison times., 1915-04-03
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 will 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-
lating to particular counties, 1t dis.
places all other general road statutes.
and even in counties where a special
law applies, the petitioners may come
in under the Alexander Act, if they
believe it 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" 4"
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 volum-
inous 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 i'm.
provement merely because 1t 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,
Bter a district has been established
~hy 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
(D, on a petition to the county court
by majority, in land value, acreage
or number, Of the property.owners Of
the affected district; (2), 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
10 determine finally If the district
shall be established All objections to
tho district must be filed IN writing
and the county court, In determining
the question OF suillciency OF petition
ors, is guided by general tax records,
Women may sign the petitions for the
district, guardians may sign for wayds,
and trustees for estates
Real property" or land" under
the new law Is defined ~ land, I'M
provements thereon, railroads rights
of.ways Of same, tramroads etc. and
all public buildings
The county courts order y e9tab'
fishing district is final and binding,
except by direct attack on appeal, No
collateral attack iS allowed, and prop,
~srty owners who do not appeal within
nys waive all such rights,
Ril districts are governed by three
commissioners, appointed by the
county court, and when the board IT
. organized II shall secure from the
tGto highway engineer specific estl'
mates Of cost, plans, road materials,
etc; unless by Judgment Of the coun'
" court, II be deemed advisable 10
provide q special engineer who must
give 81 900 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 I'M
provomont Commissioners may Issue
notes and borrow monoy for prollmI'
nary work and incidental expenses,
such Oa engineering etc. to be covered
by later assessments,
After plans are filed by the board
with the county court the latter shall
appoint lhrco assessors, who must
meet In 30 days and organize ana
whose assessment of bonohta In the
district against the several property
owners must be filed with the county
clefk MBdesoriptionB OF property or
>pame OF owner do not inyalldate a3'
RNsment After notice by publlcn'
ton, the county court gives hearing
on the assessments and enters order,
All objections must bo filed within
10 days TO bo valid otherwise courts
Ordor IN binding on assessments
Outalde lnndA hcnOntted by tho for