reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 38 - INCORPORATION AND ORGANIZATION OF MUNICIPALITIES (§§ 14-38-101 — 14-38-117) › Section 14-38-107 - Hearing on complaint - Annulment

(a)
It shall be the duty of the court or judge to hear the complaint in a summary manner, receiving answers, affidavits, and proofs, as may be deemed pertinent.
(b)
If it shall appear to the satisfaction of the court or judge that the proposed city or incorporated town does not contain the requisite number of inhabitants, that a majority of them have not signed the original petition, or that the limits of the proposed city or incorporated town are unreasonably large or small or are not properly and sufficiently described, then the court or judge shall order the record of the incorporated town to be annulled.
(c)
(1)
It shall be the duty of the county recorder to endorse on the record the order so made and to certify and transmit to the Secretary of State a copy of the order.
(2)
Thereupon, the record shall be of no effect, but the proceeding shall in no manner bar a subsequent petition to the county court, on the same subject, by complying with the provisions of this chapter.
Acts 1875, No. 1, § 39, p. 1; C. & M. Dig., § 7669; Pope's Dig., § 9791; A.S.A. 1947, § 19-106.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 38 - INCORPORATION AND ORGANIZATION OF MUNICIPALITIES (§§ 14-38-101 — 14-38-117) › Section 14-38-108 - First election of officers

(a)
Unless the agent of the petitioners, within thirty (30) days after a transcript shall be delivered as provided in §
14-38-104
, shall be notified of a complaint having been made to the circuit court of the county, or a judge thereof, then, at the end of the thirty (30) days after the dismissal of the complaint, the agent shall give public notice, by posting a notice at three (3) or more public places within the limits of the city or incorporated town, of the time and place of holding the first election for officers of the city or incorporated town.
(b)
The election shall be conducted and the officers elected and qualified in the manner prescribed by law in like cases.
(c)
If the election shall be held at any other time than that prescribed by law for the regular election of the officers, the officers elected shall continue in office so long and in like manner as if they had been elected at the preceding period of the regular election.
Acts 1875, No. 1, § 40, p. 1; C. & M. Dig., § 7670; Pope's Dig., § 9792; A.S.A. 1947, § 19-107.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 38 - INCORPORATION AND ORGANIZATION OF MUNICIPALITIES (§§ 14-38-101 — 14-38-117) › Section 14-38-109 - City or town lying in more than one county

(a)
Every city and incorporated town presently lying in more than one (1) county and presently exercising the rights, privileges, and powers of a municipal corporation, de facto or de jure, and heretofore incorporated or attempted to have been incorporated under any special act of the General Assembly of the State of Arkansas, or in any other manner incorporated under color of law, is declared to be a duly incorporated city or incorporated town of that classification which the city or town may presently enjoy as certified by the Secretary of State, as fully to all intents and purposes as though the city or town had been duly incorporated under the general laws of the State of Arkansas.
(b)
Each act and deed heretofore done by any officers of the city or incorporated town in their official capacity under color of office for or in behalf of the city or incorporated town is cured, validated, and declared confirmed and shall have the same force and effect as though the city or incorporated town had been lawfully incorporated under the general statutes of the State of Arkansas.
Acts 1961, No. 131, § 1; A.S.A. 1947, § 19-109.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 38 - INCORPORATION AND ORGANIZATION OF MUNICIPALITIES (§§ 14-38-101 — 14-38-117) › Section 14-38-113 - [Repealed]

Repealed by Act 2019, No. 105,§ 1, eff. 7/24/2019.
Amended by Act 2017, No. 878,§ 2, eff. 8/1/2017.
Acts 1965, No. 497, § 1-3; 1975, No. 6, § 1; 1980 (1st Ex. Sess.), No. 21, § 1; 1980 (1st Ex. Sess.), No. 70, § 1; A.S.A. 1947, §§ 19-110, 19-111, 19-111n; Acts 2005, No. 2145, § 21; 2007, No. 1049, § 39; 2009, No. 1480, §§ 56, 57.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 38 - INCORPORATION AND ORGANIZATION OF MUNICIPALITIES (§§ 14-38-101 — 14-38-117) › Section 14-38-114 - Preservation of papers

The Secretary of State shall receive and preserve in his or her office all papers transmitted to him or her in relation to the organization, incorporation, or annexation of territory to cities and towns.
Acts 1875, No. 1, § 85, p. 1; C. & M. Dig., § 7469; Pope's Dig., § 9502; A.S.A. 1947, § 19-108.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 38 - INCORPORATION AND ORGANIZATION OF MUNICIPALITIES (§§ 14-38-101 — 14-38-117) › Section 14-38-116 - Map required with Arkansas Geographic Information Systems Office upon incorporation or disincorporation

Before an entity undertakes an incorporation or disincorporation proceeding under this chapter, the entity shall coordinate with the Arkansas Geographic Information Systems Office for preparation of legal descriptions and digital mapping for the relevant incorporated or unincorporated areas.
Added by Act 2015, No. 914,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 38 - INCORPORATION AND ORGANIZATION OF MUNICIPALITIES (§§ 14-38-101 — 14-38-117) › Section 14-38-117 - Effective date of incorporation required

(a)
(1)
The county court order of incorporation affecting territory under this chapter shall include the effective date upon which the petition for incorporation is granted and the municipality is considered organized.
(2)
County court orders that fail to include a specified effective date in the order shall require using the date of the county clerk's file mark as the effective date for all purposes.
(b)
The effective date specified in the order of incorporation issued under §
14-38-104
is the official effective date to be used by any county or state official charged with recording, forwarding, maintaining, or instituting the order of incorporation.
(c)
(1)
In the event of a circuit court challenge to the county court order of incorporation, the final order of the circuit court shall specify a change to the effective date, if any.
(2)
In the absence of a specific attestation, the county court-ordered effective date is the effective date.
Added by Act 2017, No. 653,§ 1, eff. 3/27/2017.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 39 - SURRENDER OF CHARTER BY CITY OF THE SECOND CLASS OR INCORPORATED TOWN (§§ 14-39-101 — 14-39-111) › Section 14-39-101 - Authority generally

(a)
The charters, and all the amendments thereto, of all municipal corporations within this state designated as cities of the second class and incorporated towns may be surrendered, all offices held thereunto abolished, and the territory and inhabitants thereof remanded to the government of this state in the manner provided in this chapter.
(b)
Before a municipal corporation undertakes a surrender of charter under this chapter, the municipal corporation shall coordinate with the Arkansas Geographic Information Systems Office for preparation of legal descriptions and digital mapping of the relevant territory.
Amended by Act 2017, No. 655,§ 1, eff. 3/27/2017.
Acts 1883, No. 22, § 1, p. 33; C. & M. Dig., § 7638; Pope's Dig., § 9760; A.S.A. 1947, § 19-501.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 39 - SURRENDER OF CHARTER BY CITY OF THE SECOND CLASS OR INCORPORATED TOWN (§§ 14-39-101 — 14-39-111) › Section 14-39-102 - Revocation due to inactivity

(a)
(1)
The charter of any incorporated town or city of the second class that has been inactive as an incorporated place for five (5) years or longer shall be revoked by order of the county court of the county in which the incorporated town or city of the second class is located.
(2)
Upon petition by the prosecuting attorney of the county, the county court of the county may make and enter an order revoking any charter of an incorporated town or city of the second class upon a finding that the town or city will no longer be in existence.
(b)
When the county court revokes the charter of any incorporated town or city of the second class, the court shall order the clerk of the court to make out and certify under the official seal of the clerk, a transcript of the order, which the clerk shall forward to the Secretary of State, to be kept on file in the office of the Secretary of State. The clerk shall also forward a copy to the Arkansas State Archives.
Amended by Act 2016EX3, No. 3,§ 122, eff. 7/1/2016.
Amended by Act 2016EX3, No. 2,§ 122, eff. 7/1/2016.
Acts 1883, No. 22, § 2, p. 33; C. & M. Dig., §§ 7639-7642; Pope's Dig., §§ 9761-9764; Acts 1957, No. 224, § 1; 1983, No. 185, § 1; A.S.A. 1947, § 19-502.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 39 - SURRENDER OF CHARTER BY CITY OF THE SECOND CLASS OR INCORPORATED TOWN (§§ 14-39-101 — 14-39-111) › Section 14-39-103 - Surrender and repeal of charter

(a)
(1)
When the county court shall have made the order mentioned in §
14-39-102
, the charter, and all amendments thereto, of any such municipal corporation shall be deemed to be surrendered and repealed and shall then cease to exist.
(2)
The population and territory thereof theretofore governed under and by virtue of the charter and the amendments thereto shall then be resolved back into the body of the state.
(3)
All offices theretofore held under, and by force of, the charter and the amendments thereof shall be abolished.
(4)
All power of taxation, in any form whatever, theretofore vested in, or exercised by, the authorities of the municipal corporation by virtue of its charter and the amendments thereto shall then be forever withdrawn and reserved to the General Assembly.
(5)
(A)
The public buildings, squares, promenades, wharves, streets, alleys, parks, fire engines, hose and carriages, horses and wagons, engine houses, engineer instruments, and all other real, personal, or mixed property theretofore used or held by the municipal corporation for municipal purposes shall be transferred to the custody and control of the state, to remain public property as it has always been for the uses to which the property has been applied.
(B)
The county court of the counties, in which the extinct municipal corporations, respectively, were situated, shall take immediate possession of and control the same until otherwise provided by law.
(b)
From and after the surrender and repeal of the charter as provided in this section, no person holding office under and by virtue of the charter of the municipal corporation shall exercise or attempt to exercise any of the powers or functions of that office.
Acts 1883, No. 22, § 3, p. 33; C. & M. Dig., §§ 7643, 7644; Pope's Dig., §§ 9765-9766; A.S.A. 1947, § 19-503.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 39 - SURRENDER OF CHARTER BY CITY OF THE SECOND CLASS OR INCORPORATED TOWN (§§ 14-39-101 — 14-39-111) › Section 14-39-104 - Appointment of receiver and back-tax collector

(a)
As to all municipal corporations in this state whose charters may be surrendered and repealed under the provisions of this chapter, the Governor shall appoint an officer for the extinct corporations, respectively, to be known as a receiver and back-tax collector.
(b)
The receiver and back-tax collector shall take the oath required of other collectors of the public revenue and shall give bond with good sureties, to be approved by the county court of the county in which the extinct corporations were situated, in such sum as the court may prescribe.
Acts 1883, No. 22, § 4, p. 33; C. & M. Dig., § 7645; Pope's Dig., § 9767; A.S.A. 1947, § 19-504.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 39 - SURRENDER OF CHARTER BY CITY OF THE SECOND CLASS OR INCORPORATED TOWN (§§ 14-39-101 — 14-39-111) › Section 14-39-105 - Duties of receiver, etc

(a)
As soon as appointed and qualified, the receiver and back-tax collector shall enter upon the duties of his or her office.
(b)
It shall be the receiver and back-tax collector's duty, and he or she is empowered, to take possession of all books, papers, and documents pertaining to the assessment and collection of taxes embraced by this chapter. He or she shall also take possession of all the private property, if any, belonging to the extinct corporation, respectively.
Acts 1883, No. 22, § 5, p. 33; C. & M. Dig., § 7646; Pope's Dig., § 9768; A.S.A. 1947, § 19-505.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 39 - SURRENDER OF CHARTER BY CITY OF THE SECOND CLASS OR INCORPORATED TOWN (§§ 14-39-101 — 14-39-111) › Section 14-39-106 - Reports and collections by receiver, etc

(a)
Every six (6) months the receiver and back-tax collector shall make to the circuit court, in the county in which the extinct corporation was situated, a full, clear, and complete statement showing all taxes collected and settled, and all in his or her hands that remain to be collected and settled.
(b)
(1)
The receiver and back-tax collector, at the end of each month, shall pay into the State Treasury the whole sum collected or received by him or her, less his or her compensation.
(2)
He or she shall distinguish, in making such payments, the respective sources from which the moneys paid in are derived, showing what is collected from taxes for general purposes and what is collected for special purposes, and designating the particular or special purpose, so that the moneys may be kept separate in the State Treasury in order that the Treasurer of State may pay them according to any lien, priority or equity, which may be declared by any court touching any of the funds in favor of any creditor or class of creditors.
Acts 1883, No. 22, § 6, p. 33; C. & M. Dig., §§ 7647, 7648; Pope's Dig., §§ 9769, 9770; A.S.A. 1947, § 19-506.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 39 - SURRENDER OF CHARTER BY CITY OF THE SECOND CLASS OR INCORPORATED TOWN (§§ 14-39-101 — 14-39-111) › Section 14-39-107 - Compensation of receiver, etc

The receiver and back-tax collector shall receive such compensation for his or her services as shall be fixed by the county court of the county in which the extinct corporation was situated.
Acts 1883, No. 22, § 11, p. 33; C. & M. Dig., § 7661; Pope's Dig., § 9783; A.S.A. 1947, § 19-511.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 39 - SURRENDER OF CHARTER BY CITY OF THE SECOND CLASS OR INCORPORATED TOWN (§§ 14-39-101 — 14-39-111) › Section 14-39-108 - Proceedings to collect revenue due

(a)
For the purpose of collecting the revenue embraced in the provisions of this chapter, the receiver and back-tax collector is empowered and authorized to file a general creditors' bill in the name of the state, in behalf of all creditors, against all the delinquent taxpayers who owed taxes to the extinct corporation at the time of the surrender or repeal of its charter, which shall be filed in the circuit court, held in and for the county in which the extinct corporation was situated.
(b)
(1)
All the delinquents in any one (1) county shall be embraced in one (1) summons to answer.
(2)
For the issuance of the summons, the clerk shall receive a fee of five cents (5¢) for each defendant named in the summons, except for the first, and for that the fee allowed by law in other cases. However, he or she shall not receive a fee exceeding twenty dollars ($20.00) for the summons.
(3)
The sheriff, for serving the summons, shall receive for each defendant ten cents (10¢), except for the first, and for that the fee allowed for like services in other cases.
(c)
Publication for nonresidents shall embrace in the same publication, if practicable, all nonresident defendants, the object being to make one (1) proceeding embrace the whole taxes of any one of the extinct corporations.
(d)
All pending suits in favor of any of the extinct corporations are to be revived in the name of the state and consolidated with the general proceedings provided for in this chapter and when so consolidated shall form part of the general proceeding.
(e)
(1)
The court in which the proceeding may be instituted shall have power to settle and adjust all equities, priorities, and liens and to give all relief, both to the defendants and creditors, that might be given if there were as many separate suits as there are creditors and delinquent taxpayers.
(2)
(A)
The court shall have power to enforce all liens upon property for the payment of the taxes and to order and make all sales of property necessary to the collection of the taxes.
(B)
The taxes embraced by this chapter, and which it provides for, are all taxes imposed by extinct municipal corporations up to the time of the surrender or repeal of their respective charters, and none other.
Acts 1883, No. 22, § 7, p. 33; C. & M. Dig., §§ 7649-7654; Pope's Dig., §§ 9771-9776; A.S.A. 1947, § 19-507.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 39 - SURRENDER OF CHARTER BY CITY OF THE SECOND CLASS OR INCORPORATED TOWN (§§ 14-39-101 — 14-39-111) › Section 14-39-109 - Filing of claims - Appeals

(a)
Publication shall make all creditors parties, with the right to relief as fully as if especially named. At any time, they may file with the clerks of the courts their claims, or attested copies, retaining the original, if they desire. However, the court may order that the original be produced and placed in the custody of the clerk.
(b)
(1)
The simple filing of claims, respectively, attested by the affidavit of the owner or his or her agent or attorney shall be proof of the claims in common form and, if not contested, entitles him or her to payment pro rata.
(2)
For administering the oath in proving the claims, in common form and, filing them, the clerk shall receive the sum of ten cents (10¢) to be paid at the time of making the oath and filing the claim.
(c)
(1)
If any creditor or receiver and back-tax collector shall desire to contest the validity, in whole or in part, of any claim filed in common form, he or she may do so in a summary way, in the progress of the cause.
(2)
(A)
The opposing parties in these contests shall reduce to writing the facts that are necessary to their determination and file them.
(B)
When filed, they shall become part of the record, and the court shall have power, upon motion and in a summary way, to hear and determine all questions of priority of payment in the progress of the cause.
(d)
(1)
When any party is dissatisfied with the decision of any litigated question, he or she may have the question reheard, upon appeal or writ of error in the Supreme Court. However, only so much of the record as pertains to that particular litigation shall form the transcript and record for the appellate court.
(2)
The costs shall be paid by the parties to such appeal as the appellate court may direct unless the receiver and back-tax collector is a party to the litigation on behalf of creditors generally. In that case, if the appellate court thinks proper, the costs may be charged to the whole or to some particular fund, as right and justice may require.
Acts 1883, No. 22, § 8, p. 33; C. & M. Dig., §§ 7655-7658; Pope's Dig., §§ 9777-9780; A.S.A. 1947, § 19-508.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 39 - SURRENDER OF CHARTER BY CITY OF THE SECOND CLASS OR INCORPORATED TOWN (§§ 14-39-101 — 14-39-111) › Section 14-39-110 - Payment of funds collected

Funds collected under this chapter shall be paid out by the Treasurer of State from time to time to those entitled thereto and in such manner as the circuit court may adjudge and decree, on the warrant of the receiver and back-tax collector, countersigned by the judge of the court.
Acts 1883, No. 22, § 10, p. 33; C. & M. Dig., § 7660; Pope's Dig., § 9782; A.S.A. 1947, § 19-510.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 39 - SURRENDER OF CHARTER BY CITY OF THE SECOND CLASS OR INCORPORATED TOWN (§§ 14-39-101 — 14-39-111) › Section 14-39-111 - Disposition of private property

(a)
The receiver and back-tax collector shall make to the circuit court a full and complete statement of all the private property, if any, belonging to the extinct corporations, respectively. All such property shall be considered by the court as a part of the subject matter of the creditor's bill.
(b)
The court shall make all orders and decrees as may be deemed necessary and proper for the sale thereof and shall decree the application of the proceeds of the sale to the payment of the debts of the extinct corporations, respectively.
Acts 1883, No. 22, § 9, p. 33; C. & M. Dig., § 7659; Pope's Dig., § 9781; A.S.A. 1947, § 19-509.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-40-101 — 14-40-103) › Section 14-40-101 - Map required with Arkansas Geographic Information Systems Office upon annexation, consolidation, or detachment

Before an entity undertakes an annexation, consolidation, or detachment proceeding under this chapter, the entity shall coordinate with the Arkansas Geographic Information Systems Office for preparation of legal descriptions and digital mapping for the relevant annexation, consolidation, and detachment areas.
Added by Act 2015, No. 914,§ 2, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-40-101 — 14-40-103) › Section 14-40-102 - Effective date of annexation, consolidation, or detachment required

(a)
(1)
An annexation, consolidation, or detachment action that affects territory under this chapter shall include in its ordinance or resolution the date upon which the annexation, consolidation, or detachment is considered final.
(2)
An ordinance or resolution that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date for all purposes.
(b)
(1)
The date specified in the ordinance or resolution is the official effective date of the annexation, consolidation, or detachment.
(2)
An amendment to the ordinance or resolution shall carry its own effective date or modification of the effective date.
(3)
An amendment that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date of the amendment for all purposes.
(c)
(1)
If a municipality initiates an annexation, consolidation, or detachment action under §
14-40-204
or §
14-40-501
, the effective date shall be specified.
(2)
An ordinance or resolution that fails to include a specified effective date shall use the date of the municipal clerk or municipal recorder file mark or attestation, whichever is later in time, as the effective date for all purposes.
(d)
The effective date specified in an ordinance or resolution issued under this chapter is the official effective date to be used by any county or state official charged with recording, forwarding, maintaining, or instituting the ordinance or resolution.
(e)
(1)
In the event of a circuit court challenge to a county court order approving a municipal boundary change under this chapter, the final order of the circuit court shall specify a change to the effective date, if any.
(2)
In the absence of a specific attestation, the municipally designated effective date is the effective date.
Added by Act 2017, No. 653,§ 2, eff. 3/27/2017.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 2 - ANNEXATION GENERALLY (§§ 14-40-201 — 14-40-208) › Section 14-40-201 - Territory contiguous to county seat

In counties having two (2) levying courts or in counties having a population of not less than thirteen thousand two hundred fifty (13,250) and not more than fourteen thousand (14,000) according to the most recent federal census where territory contiguous to the county seat needs fire, police, water, and sanitary services of that town to protect the public health, safety, and convenience of inhabitants of both the town and its contiguous territory, the council of any such incorporated town or city of the second class shall have the power to annex the territory contiguous thereto by ordinance, passed and published in the manner provided by law for the passage and publication of ordinances.
Acts 1939, No. 401, § 1; 1941, No. 469, § 1; A.S.A. 1947, § 19-308.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 2 - ANNEXATION GENERALLY (§§ 14-40-201 — 14-40-208) › Section 14-40-202 - Territory annexed in different judicial district

(a)
In any county in this state in which there is more than one (1) judicial district of its county court with a separate levying or quorum court in and for each of the districts, lands lying in one (1) of the districts may be annexed to a city or incorporated town lying in another of the districts, and be and become a part of the city or incorporated town, if otherwise the lands may be annexed, in the manner provided by law.
(b)
For the purposes of this section, the county court of the district in which the city or incorporated town is located is vested with jurisdiction over that portion of the county where lie the lands to be annexed in the hearing and determination of the annexation.
(c)
Appeals from any orders therein of the county court shall be taken to the circuit court of the same district, all as in the manner provided by law.
(d)
(1)
In the event of any such annexation, any lands so annexed shall thereafter be and become, for all purposes provided by law, including local option election status, a part of the same district in which the city or incorporated town is located.
(2)
Thereafter the county, circuit, and district courts of the district shall have and exercise jurisdiction over the annexed lands and the residents thereof the same as if the lands had been located in the district when it was created.
Acts 1963, No. 88, § 1; A.S.A. 1947, § 19-328; Acts 2003, No. 1089, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 2 - ANNEXATION GENERALLY (§§ 14-40-201 — 14-40-208) › Section 14-40-203 - Assignment of annexed territory to ward

(a)
When any territory shall have been annexed to any incorporated town or city, it may be, and it is, the duty of the town or city council of the incorporated town or city to attach and incorporate the annexed territory to and in one (1) or more wards of the incorporated town or city lying adjacent thereto, which may be done by ordinance duly passed by a majority of the members elected to the council.
(b)
The territory so assigned and attached to a ward shall immediately be considered and become a part thereof as fully as any other part of it.
Acts 1887, No. 14, § 1, p. 17; C. & M. Dig., § 7470; Pope's Dig., § 9503; A.S.A. 1947, § 19-309.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 2 - ANNEXATION GENERALLY (§§ 14-40-201 — 14-40-208) › Section 14-40-204 - Annexation of city-owned parks and airports

(a)
(1)
From and after the passage of this subsection, all city-owned parks and city-owned airports in cities of populations between forty thousand (40,000) and eighty thousand (80,000) in counties whose population is one hundred forty thousand (140,000) or over are annexed to the cities owning the parks and airports.
(2)
This subsection shall apply to other cities and counties in the future meeting the population requirements, as shown by the federal census.
(b)
All city-owned parks owned by cities in this state having a population of not less than six thousand (6,000) and not more than six thousand four hundred fifty (6,450) and located in counties having a population of not less than twenty-two thousand six hundred (22,600) and not more than twenty-two thousand eight hundred (22,800), according to the most recent federal census, are annexed to the cities owning the parks.
(c)
All city-owned parks with a minimum of thirty (30) acres and owned by cities in this state having a population of not less than fifteen thousand (15,000) and not more than eighteen thousand (18,000) and located in counties having a population of not less than two hundred twenty thousand (220,000) and not more than two hundred sixty thousand (260,000), according to the most recent federal decennial census, are annexed to the cities owning the parks.
Amended by Act 2017, No. 192,§ 1, eff. 8/1/2017.
Acts 1951, No. 295, § 1; 1959, No. 49, § 1; A.S.A. 1947, §§ 19-323, 19-324.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 2 - ANNEXATION GENERALLY (§§ 14-40-201 — 14-40-208) › Section 14-40-205 - Territory within one-half mile of state park

(a)
The annexation laws of this state do not apply in the area within one-half mile of the boundaries of a state park located in a county with a population in excess of three hundred fifty thousand (350,000) unless:
(1)
The annexation is approved by a majority of the voters residing within the one-half-mile area;
(2)
The area to be annexed is on the opposite side of a navigable river from the state park;
(3)
The area to be annexed is on the opposite side of and south of an existing railroad right-of-way from the state park; or
(4)
The area to be annexed contains a public or private school.
(b)
(1)
An order of the county court issued in contradiction of this section is void if the order is issued after August 1, 1997.
(2)
A county court order issued after August 1, 1997, annexing an area on the opposite side of and south of an existing railroad right-of-way from a state park is valid and not void.
Amended by Act 2017, No. 536,§ 1, eff. 8/1/2017.
Acts 1997, No. 1216, § 1; 1999, No. 1495, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 2 - ANNEXATION GENERALLY (§§ 14-40-201 — 14-40-208) › Section 14-40-206 - Territory annexed with prior county permit or approval in use

If a county had issued a permit or approval for construction, operation, or development before a municipal annexation proceeding begins for a project in the area that the municipality intends to annex, the municipality shall honor and give full effect to county permits and approvals on lands to be annexed.
Amended by Act 2013, No. 1506,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 2 - ANNEXATION GENERALLY (§§ 14-40-201 — 14-40-208) › Section 14-40-207 - Building situated or to be situated upon municipal boundary line - Option to choose municipal location

(a)
(1)
A property owner who has a building that is currently situated upon the boundary line between two (2) municipalities may choose either one (1) of the municipalities as the legal location of the building.
(2)
When the expansion of a building will result in the expansion's being situated upon the boundary line between two (2) municipalities, the property owner of the building may choose either one (1) of the municipalities as the legal location of the building if the property owner has first obtained the necessary authorizations or permits for expansion of the building from the municipality upon which the building is located before the expansion or from the municipality upon which the building expansion will be located.
(b)
(1)
The property owner shall provide written notice to the governing body of both municipalities as to which municipality is chosen under subsection (a) of this section.
(2)
The written notice to the chosen municipality shall include a request for annexation into the chosen municipality.
(c)
The property upon which the building is situated or will be situated after expansion and up to two (2) acres of the property owner's property surrounding the building and expansion shall be annexed into the municipality chosen by the owner under subsection (a) of this section.
(d)
Within sixty (60) days of receipt of the written notice under subsection (b) of this section, the municipality chosen by the owner under subsection (a) of this section shall coordinate with the Arkansas Geographic Information Systems Office for preparation of legal descriptions and digital mapping for the relevant area.
Added by Act 2015, No. 826,§ 1, eff. 3/29/2015.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 2 - ANNEXATION GENERALLY (§§ 14-40-201 — 14-40-208) › Section 14-40-208 - Annexation of territory under municipal territorial jurisdiction

(a)
If a municipality states its intent by resolution or ordinance to annex a specifically defined territory or portion of the territory over which it is exercising territorial jurisdiction under §
14-56-413
, the municipality shall initiate annexation proceedings within five (5) years of the stated intent.
(b)
(1)
During the five (5) years under subsection (a) of this section, the municipality may continue to exercise its territorial jurisdiction under §
14-56-413
, including the defined territory specified within its intent to annex.
(2)
If the municipality does not initiate annexation proceedings of the territory specified within its intent to annex within five (5) years of the effective date of the resolution or ordinance under subsection (a) of this section, the municipality is prohibited from again exercising territorial jurisdiction over the territory specified within its intent to annex for the next five (5) years.
Added by Act 2015, No. 845,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 3 - MUNICIPAL ANNEXATION OF CONTIGUOUS LANDS (§§ 14-40-301 — 14-40-304) › Section 14-40-301 - Construction

The provisions of this subchapter shall not be construed to give any municipality the authority to annex any portion of another city or incorporated town.
Acts 1971, No. 298, § 4; A.S.A. 1947, § 19-307.4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 3 - MUNICIPAL ANNEXATION OF CONTIGUOUS LANDS (§§ 14-40-301 — 14-40-304) › Section 14-40-304 - Judicial review

(a)
If it is alleged that the area proposed to be annexed does not conform to the requirements and standards prescribed in §
14-40-302
, a legal action may be filed in the circuit court of the county where the lands lie within thirty (30) days after the election to nullify the election and to prohibit further proceedings pursuant to the election.
(b)
In any such action filed in the circuit court of the county where the lands lie, the court shall have jurisdiction and the authority to determine whether the procedures outlined in this subchapter have been complied with and whether the municipality has used the proper standards outlined in §
14-40-302
in determining the lands to be annexed.
Acts 1971, No. 298, §§ 2, 3; 1975, No. 309, §§ 2, 3; A.S.A. 1947, §§ 19-307.2, 19-307.3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 4 - ANNEXATION OF LANDS IN ADJOINING COUNTY (§ 14-40-401) › Section 14-40-401 - Authority

(a)
The General Assembly finds that there are areas within adjoining counties that are so necessary to the satisfactory conducting of a city's business that there is a need to annex land lying in the adjoining county into the city. This law will aid the residents to receive needed services to improve the quality of life in the unincorporated area.
(b)
Any lands contiguous to a municipality having a population of seventy-five thousand (75,000) or less, although located in an adjoining county, may become annexed to the municipality in the manner provided in this chapter.
Acts 1995, No. 1286, §§ 1, 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 5 - ANNEXATION OF SURROUNDED LAND (§§ 14-40-501 — 14-40-504) › Section 14-40-501 - Authority - Exceptions

(a)
(1)
(A)
(i)
Whenever the incorporated limits of a municipality have completely surrounded an unincorporated area, the governing body of the municipality may propose an ordinance calling for the annexation of the land surrounded by the municipality.
(ii)
Subdivision (a)(1)(A)(i) of this section includes situations in which the incorporated limits of a municipality have surrounded an unincorporated area on only three (3) sides because the fourth side is a boundary line with another state, a military base, a state park, a national forest, a lake, or a river.
(B)
If the incorporated limits of two (2) or more municipalities have completely surrounded an unincorporated area, the governing body of the municipality with the greater distance of city limits adjoining the unincorporated area's perimeter may propose an ordinance calling for the annexation of the land surrounded by the municipalities, unless it is agreed by the adjoining municipalities that another of the adjoining municipalities should propose an ordinance calling for the annexation.
(2)
The ordinance will provide a legal description of the land to be annexed and describe generally the services to be extended to the area to be annexed.
(b)
(1)
The unincorporated area to be annexed shall comply with the standards for lands qualifying for annexation which are set forth in §
14-40-302
.
(2)
Privately owned lakes exceeding six (6) acres of water surface which are used exclusively for recreational purposes and lands adjacent to them not exceeding twenty (20) acres in size which are used exclusively for recreational purposes in relation to the lake shall not qualify for annexation under the provisions of this subchapter.
Amended by Act 2015, No. 109,§ 1, eff. 7/22/2015.
Amended by Act 2013, No. 1243,§ 1, eff. 8/16/2013.
Acts 1979, No. 314, § 1; A.S.A. 1947, § 19-337; Acts 2005, No. 1819, § 1; 2007, No. 150, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 5 - ANNEXATION OF SURROUNDED LAND (§§ 14-40-501 — 14-40-504) › Section 14-40-502 - Hearing - Notice

(a)
A public hearing shall be conducted within sixty (60) days of the proposal of the ordinance calling for annexation.
(b)
At least fifteen (15) days prior to the date of the public hearing, the governing body of the municipality shall publish a legal notice setting out the legal description of the territory proposed to be annexed and notify by certified mail all the property owners within the area proposed to be annexed of their right to appear at the public hearing to present their views on the proposed annexation.
Acts 1979, No. 314, § 2; A.S.A. 1947, § 19-338.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 5 - ANNEXATION OF SURROUNDED LAND (§§ 14-40-501 — 14-40-504) › Section 14-40-503 - Procedure for annexation

(a)
(1)
(A)
Except as provided in subdivision (a)(1)(B) of this section, at the next regularly scheduled meeting following the public hearing, the governing body of the municipality proposing annexation may bring the proposed ordinance up for a vote.
(B)
An ordinance shall not be enacted within fifty-one (51) days of a scheduled election to consider annexing all or part of the area in question.
(2)
If a majority of the total number of members of the governing body vote for the proposed annexation ordinance, then a prima facie case for annexation shall be established, and the city shall proceed to render services to the annexed area.
(b)
The decision of the municipal council shall be final unless suit is brought in circuit court of the appropriate county within thirty (30) days after passage to review the actions of the governing body.
Acts 1979, No. 314, § 3; A.S.A. 1947, § 19-339; Acts 2011, No. 1051, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 5 - ANNEXATION OF SURROUNDED LAND (§§ 14-40-501 — 14-40-504) › Section 14-40-504 - Enclaves prohibited

(a)
As used in this section, "enclave" means an unincorporated improved or developed area that is enclosed within and bounded on all sides by a single city or incorporated town.
(b)
Whenever practicable, a city or incorporated town shall annex lands that are contiguous and in a manner that does not create enclaves.
Added by Act 2013, No. 1071,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 6 - ANNEXATION PROCEEDINGS BY ADJOINING LANDOWNERS (§§ 14-40-601 — 14-40-609) › Section 14-40-601 - Application by petition

(a)
When a majority of the real estate owners of any part of a county contiguous to and adjoining any city or incorporated town desires to be annexed to the city or town, they may apply by attested petition in writing to the county court of the county in which the city or town is situated, shall name the persons authorized to act on behalf of the petitioners, and may include a schedule of services of the annexing municipality that will be extended to the area within three (3) years after the date the annexation becomes final.
(b)
The "majority of real estate owners" referred to in this section means a majority of the total number of real estate owners in the area affected if the majority of the total number of owners own more than one half (1/2) of the acreage affected.
Amended by Act 2013, No. 1071,§ 2, eff. 8/16/2013.
Acts 1875, No. 1, § 79, p. 1; C. & M. Dig., § 7462; Pope's Dig., § 9495; Acts 1953, No. 142, § 1; A.S.A. 1947, § 19-301.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 40 - ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALITIES (§§ 14-40-101 — 14-40-2202) › Subchapter 6 - ANNEXATION PROCEEDINGS BY ADJOINING LANDOWNERS (§§ 14-40-601 — 14-40-609) › Section 14-40-602 - Hearing on petition

(a)
(1)
When the petition shall be presented to the county court, the clerk shall file it, and the court shall set a date for a hearing on the petition.
(2)
The date for the hearing shall not be less than thirty (30) days after the filing of the petition.
(b)
(1)
(A)
Between the time of the filing of the petition and the date of the hearing, the petitioners shall cause a notice to be published in some newspaper of general circulation in the county.
(B)
The notice shall be published one (1) time a week for three (3) consecutive weeks.
(2)
If there is no newspaper of general circulation in the county, notice shall be posted at some public place within the limits of the incorporated town or city for at least three (3) weeks before the date of the hearing.
(3)
The notice referred to in this subsection shall contain the substance of the petition and state the time and place appointed for the hearing thereof.
(c)
The hearing procedure set forth in §
14-38-103
shall be followed in the proceedings concerned in this section insofar as such procedure is not in conflict with any provision expressly set out in this subchapter.
Acts 1875, No. 1, § 80, p. 1; C. & M. Dig., § 7463; Pope's Dig., § 9496; Acts 1953, No. 142, § 2; A.S.A. 1947, § 19-302.