reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 286 - FIRE ANT ABATEMENT DISTRICTS (§§ 14-286-101 — 14-286-116) › Section 14-286-107 - Boards - Plans for abatement - Appointment of assessors - Assessments

(a)
As soon as is practical after its establishment, the board shall prepare plans for providing red imported fire ant abatement services and for acquiring the property and equipment necessary to carry out the purposes of the district.
(b)
The board shall thereupon appoint three (3) assessors to assess the annual benefits which will accrue to the real property within the district as a result of the red imported fire ant abatement services and shall fix their compensation.
(1)
The assessors shall take an oath that they will assess all annual benefits that will accrue to the landowners of the district as a result of the red imported fire ant abatement services.
(2)
The assessors shall thereupon proceed to assess the annual benefits to the lands within the district. They shall inscribe in a book each tract of land and shall extend opposite each tract of land the amount of annual benefits that will accrue each year to the land by reason of the services.
(c)
The original assessment of benefits and any reassessment shall be advertised and equalized in the manner provided in this subchapter, and owners of all property whose assessments have been raised shall have the right to be heard and to appeal from the decision of the assessors, as provided in this subchapter.
(d)
The assessors shall place opposite each tract the name of the owner, as shown by the last county assessment, but a mistake in the name shall not void the assessment, and the assessors shall correct errors which occur in the county or district assessment list.
(e)
The commissioners shall have the authority to fill any vacancy in the position of assessor, and the assessors shall hold their office at the pleasure of the board.
Acts 1997, No. 590, § 7.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 286 - FIRE ANT ABATEMENT DISTRICTS (§§ 14-286-101 — 14-286-116) › Section 14-286-108 - Assessments - Filing - Notice - Complaints

(a)
The assessment shall be filed with the county clerk of the county in which the property is located, and the secretary of the board shall thereupon give notice of its filing by publication one (1) time a week for two (2) weeks in a newspaper of general circulation in the county. The notice shall be in the following form:
"Notice is hereby given that the assessment of annual benefits of __________________ District Number __________________ has been filed in the office of the County Clerk of __________________ where it is open for inspection. All persons wishing to be heard regarding the assessment will be heard by the assessors of the district in the office of the county clerk between the hours of one (1:00) p.m. and four (4:00) p.m., at __________________ on the __________________, 19__________________."
(b)
On the day named by the notice, it shall be the duty of the assessors to meet, at the place named, as a board of assessors, to hear all complaints against the assessment, and to equalize and adjust the assessments. The determination shall be final unless suit is brought in the chancery court within thirty (30) days after the original determination by the assessors. If the board is unable to hear all complaints submitted between the hours designated in this subsection, the assessors shall adjourn over from day to day until all parties have been heard.
Acts 1997, No. 590, § 8.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 286 - FIRE ANT ABATEMENT DISTRICTS (§§ 14-286-101 — 14-286-116) › Section 14-286-109 - Assessments - Reassessments

(a)
The commissioners shall one (1) time a year order the assessors to reassess the annual benefits of the district, provided there have been improvements made or improvements destroyed or removed from one (1) or more tracts of land in the district, making it necessary to have the annual benefits revised.
(b)
(1)
Whereupon, it shall be the duty of the assessors to reassess the benefits of the district, and the annual benefits assessed may be raised or lowered as conditions of the property change.
(2)
However, the annual benefits extended against any piece of property shall not be increased from the annual benefits originally extended unless improvements are made to the land that will be benefited by the red imported fire ant abatement services provided by the district.
Acts 1997, No. 590, § 9.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 286 - FIRE ANT ABATEMENT DISTRICTS (§§ 14-286-101 — 14-286-116) › Section 14-286-110 - Assessments - Duties of county clerk and county collector

(a)
The original assessment record or any reassessment record shall be filed with the county clerk, whose duty it shall be to extend the annual benefit assessment annually upon the tax books of the county until the district is dissolved.
(b)
It shall then be the duty of the county collector to collect each year the annual benefit assessment extended upon the book along with the other taxes, and the taxes shall be paid over by the collector to the depository of the district at the same time the collector pays over the county funds.
(c)
(1)
If there is any change in the annual benefits assessed, a certified copy of the revised assessment shall be filed with the county clerk who shall extend the revised assessment annually upon the tax books until a new assessment is made, which shall be extended upon the tax books in a similar manner. The power to reassess and extend the assessment upon the tax books shall be a continuing power as long as the district continues to exist. It shall be the duty of the county collector to collect the taxes so extended.
(2)
In lieu of filing the reassessment, the assessors may make the changes in the assessment in red ink on the assessment already on file, or the assessment record may contain many columns at the head of which the year shall be designated and, in the column, the new annual benefits may be shown in red ink which will indicate any increase or decrease in the original annual benefits extended. When the change is made, a red ink line shall be drawn through the figures showing the original annual benefits extended.
Acts 1997, No. 590, § 10.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 286 - FIRE ANT ABATEMENT DISTRICTS (§§ 14-286-101 — 14-286-116) › Section 14-286-111 - Expenditures - Public records

(a)
Funds of the district shall be expended only upon the order of the board and upon a voucher check signed by the chairman and secretary/treasurer of the board.
(1)
Every voucher check shall state upon its face to whom the amount is payable, and the purpose for which it is issued.
(2)
All voucher checks shall be dated and shall be numbered consecutively in a record to be kept by the board of the number and amount of the check.
(b)
All proceedings and transactions of the board shall be a matter of public record and shall be open to the inspection of the public.
(c)
The board shall file with the county clerk in January of each year a certified itemized report showing all moneys received, the date of receipt, and the source from which received; and all moneys paid out, date paid, to whom paid, and for what purpose, during the preceding year, together with an itemized list of all delinquent assessments showing owner, description of property, years for which the assessment is delinquent, and the amount of the total delinquency.
Acts 1997, No. 590, § 11.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 286 - FIRE ANT ABATEMENT DISTRICTS (§§ 14-286-101 — 14-286-116) › Section 14-286-113 - Bonds - Limits on liability - Payment

(a)
(1)
It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter, that the bonds shall be obligations only of the district, and that in no event shall they constitute any indebtedness for which the faith and credit of the state or any county or municipality or any of the revenues of the state or any county or municipality are pledged.
(2)
No member of the board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purpose and intent of this subchapter, unless the board member has not acted as a reasonably prudent person would.
(b)
(1)
The principal of, interest on, and paying agent's fees in connection with the bonds shall be secured by a lien on, and pledge of, and shall be payable from the assessments levied against the real property within the district.
(2)
The right to issue subsequent issues of bonds can, if the district so determines, be reserved in any authorizing resolution or trust indenture on either a parity or subordinate lien basis and upon such terms and conditions as the district may determine and specify in the particular authorizing resolution or trust indenture.
Acts 1997, No. 590, § 13.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 286 - FIRE ANT ABATEMENT DISTRICTS (§§ 14-286-101 — 14-286-116) › Section 14-286-114 - Bonds - Refunding bonds

(a)
Bonds may be issued for the purpose of refunding any bonds issued under this subchapter.
(b)
Refunding bonds may be either sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in trust and there be maintained in cash or investments for the retirement of the bonds being refunded, as shall be specified by the district in the resolution or trust indenture securing the bonds.
(c)
The resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same priority on assessments or revenues pledged for their payment as possessed by the bonds refunded.
(d)
Refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security bonds.
Acts 1997, No. 590, § 14.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 286 - FIRE ANT ABATEMENT DISTRICTS (§§ 14-286-101 — 14-286-116) › Section 14-286-115 - Bonds - Tax exemptions

Bonds issued under the provisions of this subchapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes. This exemption shall include income, inheritance, and estate taxes.
Acts 1997, No. 590, § 15.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 286 - FIRE ANT ABATEMENT DISTRICTS (§§ 14-286-101 — 14-286-116) › Section 14-286-116 - Dissolution of district

(a)
A red imported fire ant abatement district created under this subchapter may be dissolved upon a vote of a majority of the qualified electors of the district, and the question of dissolution of the district may be submitted to the electors in the same manner as is prescribed in this subchapter submitting the question of the establishment of the district.
(b)
If any district having outstanding bonds or other indebtedness is dissolved, the assessed benefits being levied at the time of dissolution shall continue to be levied and collected until the outstanding bonds or their indebtedness are paid.
(c)
No election on the question of dissolution of a red imported fire ant abatement district may be held within the first three (3) years after the establishment of the district.
Acts 1997, No. 590, § 16.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 287 - MUNICIPAL MANAGEMENT DISTRICTS (§§ 14-287-101 — 14-287-105) › Section 14-287-101 - Authority to create

Cities may enact by ordinance a process to create a municipal management district to manage, develop, construct, and maintain public works and enhancement projects in areas of municipalities.
Acts 1999, No. 230, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 287 - MUNICIPAL MANAGEMENT DISTRICTS (§§ 14-287-101 — 14-287-105) › Section 14-287-102 - Petition to create

Before a municipal management district can be created, a petition must be submitted to the governing body of the municipality that includes the following:
(1)
A resolution to the governing body in support of the creation of the district and signed by at least ninety percent (90%) of the property owners within the district representing at least ninety percent (90%) of the appraised property value within the district and at least ninety percent (90%) of the privately held land area within the district;
(2)
The boundaries of the proposed district;
(3)
The specific purposes for which the district will be created;
(4)
The general nature of the work, projects, or services proposed to be provided;
(5)
The method of establishing assessments for the district;
(6)
A project cost estimate which shall not exceed two million dollars ($2,000,000); and
(7)
A budget for operating and paying for improvements.
Acts 1999, No. 230, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 287 - MUNICIPAL MANAGEMENT DISTRICTS (§§ 14-287-101 — 14-287-105) › Section 14-287-103 - Maximum size of district

The municipal management district will be limited to a maximum of one (1) square mile.
Acts 1999, No. 230, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 287 - MUNICIPAL MANAGEMENT DISTRICTS (§§ 14-287-101 — 14-287-105) › Section 14-287-104 - Municipal management district commission

(a)
The mayor will appoint two (2) members of the governing authority and three (3) residents or owners of property in the district to serve on the municipal management district commission.
(b)
Terms of the commissioners will be decided by local ordinance, not to exceed five (5) years.
(c)
No commission member shall receive compensation.
(d)
The commission may retain legal counsel and staff assistance may be provided by the municipality.
(e)
Upon termination of the district, the municipality shall accept maintenance responsibility for the improvements.
(f)
The life of the district shall not exceed ten (10) years, at which time all improvements, debts, and charges will be paid in full.
Acts 1999, No. 230, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 17 - PUBLIC HEALTH AND WELFARE IMPROVEMENT DISTRICTS (§§ 14-282-101 — 14-287-105) › Chapter 287 - MUNICIPAL MANAGEMENT DISTRICTS (§§ 14-287-101 — 14-287-105) › Section 14-287-105 - Rates and other fees - Annual audit

(a)
Municipal management districts may establish and maintain reasonable and nondiscriminatory rates, fares, tolls, charges, assessments, rents, or other fees or compensation for the use of the improvements constructed, operated, or maintained by the district.
(b)
The district shall be audited by a certified public accountant each year with the audit findings being published in a daily newspaper with a circulation which includes the district.
Acts 1999, No. 230, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 296 - GENERAL PROVISIONS (§ 14-296-101) › Section 14-296-101 - Maintenance of roads where public use acquired through adverse possession

If the public obtains the right to use a road through adverse possession, the municipality or county in which the road is located shall have the authority to maintain the road.
Acts 1991, No. 879, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-101 - Powers of county court

All public roads and highways shall be laid out, opened, and repaired agreeably to the provisions of this chapter. The county court of each county in this state shall have full power and authority to make and enforce all orders necessary as well for establishing and opening new roads as for changing and vacating any public road or part thereof.
Acts 1871, No. 26, § 2, p. 56; C. & M. Dig., § 5226; Pope's Dig., § 6941; A.S.A. 1947, § 76-901.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-102 - Notice prerequisite to petition for county road

(a)
Previous to any petition being presented for a county road, or for the alteration or vacation of a county road, notice thereof shall be given by publication in some newspaper, published in the county, if one exists.
(b)
If there is no newspaper published in the county, then notice shall be given by advertisements set up in three (3) public places in each township through or into which any part of the road is designed to be laid out, altered, or vacated, stating the time when the petition is to be presented and the substance thereof. Notice shall be duly authenticated and presented with the petition to the county court.
Acts 1871, No. 26, § 45, p. 56; C. & M. Dig., § 5230; Pope's Dig., § 6945; A.S.A. 1947, § 76-904.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-103 - Application by petition - Bond

(a)
All applications for laying out, viewing, reviewing, altering, or vacating any county road shall be by petition to the county court, signed by at least ten (10) freeholders of the county.
(b)
One (1) or more of the signers to the petition shall enter into bond, with sufficient security, payable to the State of Arkansas for the use of the county. This bond shall be conditioned that the persons making the application for a view, review, alteration, or vacation of any road shall pay into the treasury of the county the amount of all costs and expenses accruing on the view, review, alteration, or vacation. In case the prayer of the petitioners shall not be granted, or when the proceedings had in pursuance thereof shall not be finally confirmed and established, and, on neglect or refusal of the persons so bound, after a liability shall have accrued, to pay into the treasury, according to the tenor of the bond, all costs and expenses that shall have accrued, the county clerk shall deliver the bond to the prosecuting attorney of the circuit, whose duty it shall be to collect and pay over the bond to the county treasury.
(c)
In all cases of contest, the court having jurisdiction of the case shall have power to render judgment for costs, according to justice, between the parties.
Acts 1871, No. 26, § 43, p. 56; C. & M. Dig., § 5228; Pope's Dig., § 6943; A.S.A. 1947, § 76-902.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-104 - Contents of petition

All petitions for laying out, altering, or vacating any county road shall specify the place of beginning, the intermediate points, if any, and the place of termination of the road.
Acts 1871, No. 26, § 44, p. 56; C. & M. Dig., § 5229; Pope's Dig., § 6944; A.S.A. 1947, § 76-903.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-105 - Appointment of viewers - Duties

(a)
On presentation of the petition and proof of notice of publication as set out in §
14-298-102
and if the county court is satisfied that proper notice has been given in accordance with the provisions of this chapter, the court shall appoint three (3) disinterested citizens of the county as viewers, who shall also:
(1)
Be a jury to assess and determine the compensation to be paid in money for the property sought to be appropriated, without deduction for benefits to any property of the owners; and
(2)
Assess and determine what damages each owner of the lands over which the road is to run shall suffer by the opening and construction of the road.
(b)
The county court shall issue its order directing the viewers to proceed on a day to be named in the order to view, survey, and lay out or alter the road and also determine whether the public convenience requires that the road, or any part thereof, shall be established.
Acts 1871, No. 26, §§ 46, 48, p. 56; C. & M. Dig., §§ 5231, 5233; Pope's Dig., §§ 6946, 6948; A.S.A. 1947, §§ 76-905, 76-907; Acts 2005, No. 1200, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-106 - Surveyors

(a)
The viewers may call to their assistance a competent surveyor to assist them in laying out and surveying or altering any road they may be ordered by the county court to view, survey, and lay out or alter.
(b)
It shall be the duty of every surveyor, when called on by any viewer or reviewers, to survey any road they may be required to view or review, lay out, establish, or alter and to furnish all courses, bearings, distances, plats, and surveys of roads required by them to be laid out, established, or altered, as viewers or reviewers, when demanded by them.
Acts 1871, No. 26, §§ 47, 63, p. 56; C. & M. Dig., §§ 5232, 5242; Pope's Dig., §§ 6947, 6957; A.S.A. 1947, §§ 76-906, 76-920.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-108 - Notices to landowners and viewers

(a)
It shall be the duty of one (1) of the petitioners to give at least thirty (30) days' notice in writing to:
(1)
The owner or his or her agents, if residing within the county, or if the owner is an incapacitated person as defined by §
28-65-104
, then to the guardian of that person, if a resident of the county, through whose land the road is proposed to be laid out and established; and
(2)
The viewers named in the order of the county court of the time and place of meeting as specified in the order.
(b)
(1)
(A)
It is further made the duty of the principal petitioner, if the road is proposed to be laid out on or through any land owned by nonresidents of the county, to cause notice to the nonresidents of the county to be served as provided by the Arkansas Rules of Civil Procedure, and if service is not obtained, then the notice shall be published one (1) time per week for two (2) consecutive weeks in some newspaper of general circulation published in the county.
(B)
If there is no newspaper published in the county, then notice shall be given to the nonresident by posting a notice of the time and place of meeting of the viewers as specified in the order of the county court.
(2)
The substance of the petition for the road shall also be posted upon the door of the office of the clerk of the county court for at least two (2) weeks before the time fixed for the meeting of the viewers.
Acts 1871, No. 26, § 49, p. 56; C. & M. Dig., § 5234; Pope's Dig., § 6949; A.S.A. 1947, § 76-908; Acts 2005, No. 1200, § 3.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-109 - Viewing, surveying, and laying out road

It shall be the duty of the viewers to meet at the time and place specified in the order. After taking an oath or affirmation to faithfully and impartially discharge the duties of their appointments, respectively, they shall take to their assistance two (2) suitable persons as chain carriers and one (1) person as marker and proceed to view, survey, and lay out or alter the roads as prayed for in the petition, or as near the same as in their opinion a good road can be made with reasonable expense, taking into consideration the ground, convenience, and inconvenience and expense which will result to individuals as well as to the public if the road is established, or any part thereof, or altered as prayed for. In laying out or altering or establishing public highways, the highways shall be located as near as practicable on section and subdivision lines.
Acts 1871, No. 26, § 50, p. 56; 1899, No. 202, § 1, p. 364; C. & M. Dig., § 5235; Pope's Dig., § 6950; A.S.A. 1947, § 76-909; Acts 2005, No. 1200, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-110 - Determination of road width

(a)
(1)
The viewers shall report what width the road should be to promote public convenience.
(2)
However, the county courts shall have power to determine what shall be the width of each road in their respective counties.
(b)
The presumed width of a public road shall be fifty feet (50'), providing a minimum of twenty-five feet (25') of right-of-way on either side of the center line.
Acts 1871, No. 26, § 48, p. 56; C. & M. Dig., § 5233; Pope's Dig., § 6948; A.S.A. 1947, § 76-907; Acts 2005, No. 1200, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-111 - Assessment of damages

The viewers shall assess and determine the damages sustained by any person through whose premises the road is proposed to be established, mentioning the damages to each tract separately.
Acts 1871, No. 26, § 51, p. 56; C. & M. Dig., § 5236; Pope's Dig., § 6951; A.S.A. 1947, § 76-910.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-112 - Report of viewers - Contents

Viewers shall make and sign a report in writing, stating:
(1)
Their opinion in favor of or against the establishment, alteration, or vacation of a road, or any part thereof, and set forth the reason for their opinion;
(2)
The commencement and termination, courses, and distances of the road, so that the road can be readily formed and located;
(3)
The value of the property sought to be appropriated for the establishment of the road; and
(4)
The amount of damages, if any, and to whom, which by them have been assessed and which would accrue by the establishing and opening of the road.
Acts 1871, No. 26, § 52, p. 56; C. & M. Dig., § 5237; Pope's Dig., § 6952; A.S.A. 1947, § 76-911.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-113 - Proceedings on report - Compensation and damages

(a)
The county court, on receiving the reports of the viewers as set out in §
14-298-112
, shall cause the report to be available to all parties and shall cause a hearing to be held in which the report is read publicly.
(b)
If no legal objection is made to the reports by the parties and the court is satisfied that the road, or any part thereof, will be of sufficient importance to the public to cause the damages and the compensation that have been assessed as set out in §
14-298-111
to be paid by the county, and that the amount so assessed is reasonable and just, and the report of the viewers being favorable thereto, the court shall order the damages to be paid to the persons entitled thereto from the county treasury, and thenceforth the road shall be considered a public road.
(c)
If the court is of the opinion that the road is not of sufficient public utility for the county to pay the compensation and damages assessed as set out in §
14-298-111
and the petitioners refuse to pay the compensation and damages, then the road shall not be declared a public highway or road and the costs accruing by reason of the application shall be paid by the petitioners, as provided in §
14-298-103
. If the report of the viewers is against the proposed road or alteration, or if the road is not of sufficient public utility, in the opinion of the court, then no further proceedings shall be had thereon and the obligors in the bond securing costs and expenses shall be liable for the full amount of the costs and expenses.
Acts 1871, No. 26, § 53; C. & M. Dig., § 5238; Pope's Dig., § 6953; A.S.A. 1947, § 76-912; Acts 2005, No. 1200, § 6.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-114 - Order opening road

After any road has been established and declared a public road, the county court shall issue an order declaring the road to be opened and the order shall be filed of record with the county clerk.
Acts 1871, No. 26, § 54, p. 56; C. & M. Dig., § 5239; Pope's Dig., § 6954; A.S.A. 1947, § 76-913; Acts 2005, No. 1200, § 7.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-115 - Review

(a)
After the viewers of any county road shall have made return in favor of the road and before the road has been established, any citizen of the county whose lands are affected by the road may apply by petition to the county court for a review of the road, as provided in §
14-298-103
.
(b)
The court, on being satisfied from the petition that a review should be granted, shall appoint three (3) disinterested freeholders of the county to review the road and issue their order to the reviewers directing them to meet at a time and place therein specified. After taking the oath required of viewers, they shall proceed to examine the route surveyed for the road by the former viewers and make a report in writing to the court stating their opinion in favor of or against the establishment of the road, or any part thereof, and their reasons therefor.
(c)
The petitioners for review shall give at least thirty (30) days' notice to the principal petitioner for the road of the time and place of meeting of the reviewers.
(d)
If a review is granted, then no further proceedings shall be had until the reviewers have reported their action to the court.
(e)
(1)
If the report of the reviewers is in favor of the road, the road shall be established, recorded, and opened, and the persons bound for the review shall pay into the county treasury the amount of the costs of the review.
(2)
If the report is against the establishment of the road, no further proceedings shall be had about the road before the court, and the persons executing the first bond shall pay into the county treasury the costs and expenses of the views, survey, and review of the road.
Acts 1871, No. 26, § 55, p. 56; C. & M. Dig., § 5240; Pope's Dig., § 6955; A.S.A. 1947, § 76-914; Acts 2005, No. 1200, § 8.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-116 - Appeal to circuit court

(a)
(1)
An appeal from the final decision of the county court for a new county road or for vacating, altering, or reviewing any county road shall be allowed to the circuit court.
(2)
Notice of the appeal shall be given within thirty (30) days from the date the order of the county court is filed of record with the county clerk.
(b)
The appellant, within thirty (30) days following the decision, shall enter into bond, with good and sufficient security, to be approved by the clerk of the county court, for the payment of all costs and expenses arising from the appeal.
(c)
Incapacitated persons, as defined by §
28-65-104
, or their guardians may appeal without giving bond.
(d)
The circuit court may order another view or review of the road or make other orders as justice of the case demands.
(e)
The county court, after notice of appeal has been given, shall not issue any order in the premises until after thirty (30) days have expired from the time of making the decision appealed from.
(f)
If the appeal has not been perfected agreeably to the provisions of this chapter, the clerk shall issue the order for the opening of the road.
(g)
The decisions of the circuit court on petitions for roads taken into the county by appeal shall be recorded in the record of the county court from which the appeal is taken.
Acts 1871, No. 26, § 56, p. 56; C. & M. Dig., § 5241; Pope's Dig., § 6956; A.S.A. 1947, § 76-915; Acts 2005, No. 1200, § 9.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-117 - Vacation of road

(a)
(1)
When any county road or any part of any county road is considered useless, any ten (10) citizens residing in that portion of the county may make application by petition agreeable to §
14-298-124
to the county court to vacate the road, setting forth in the petition the reason why the road ought to be vacated.
(2)
The petition shall be publicly read by the county court at the hearing on the petition, with the proof of notice and publication required by this chapter.
(b)
If no objections are made and filed, the county court may declare the road vacated, or any part thereof that it may deem necessary.
(c)
If objection is made in writing, the county court shall appoint three (3) viewers to view the road who shall proceed, after taking the oath or affirmation required by this chapter, to view the road as aforesaid and make a written report of their opinion thereon, and their reason for the opinion, to the county court. If the viewers shall report in favor of vacating the road, or any part thereof, the court, if it deems the report reasonable and just, may declare the road, or any part thereof, vacated, agreeable to the report of the viewers.
(d)
The costs thereof and expenses incident thereto shall be paid by the petitioners unless the county court shall order the costs and expenses paid out of the county treasury.
Acts 1871, No. 26, § 58, p. 56; C. & M. Dig., § 5247; Pope's Dig., § 6966; A.S.A. 1947, § 76-918; Acts 2005, No. 1200, § 10.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-118 - Compensation

(a)
All persons required to render services under the provisions of this chapter as viewers or reviewers, chain carriers, markers, or surveyors shall be paid reasonable costs and expenses based upon the current market rate out of the registry of the court for each day necessarily employed, and payments are to be charged as costs and expenses against a petitioner.
(b)
The amount due to each person and the number of days employed shall be certified under oath by the viewers or reviewers, as the case may be.
(c)
The county shall be reimbursed for the payment so made and for all other necessary expenses incident to the proceedings, by a petitioner, as hereinbefore provided.
(d)
The county clerk shall receive fees he or she may be entitled to by law, to be taxed as costs and paid as provided in this section.
Acts 1871, No. 26, § 64, p. 56; C. & M. Dig., § 5243; Pope's Dig., § 6958; A.S.A. 1947, § 76-922; Acts 2005, No. 1200, § 11.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-119 - Limitation on damages for land taken

No part of this chapter shall be so construed as to entitle any person whose lands, or any part thereof, may be appropriated under this chapter to a public highway to any further compensation and damages than the value of property appropriated and damages sustained by the owner thereof by reason of a road being established on and over the property, over and above such value.
Acts 1871, No. 26, § 71, p. 56; C. & M. Dig., § 5244; Pope's Dig., § 6959; A.S.A. 1947, § 76-923.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-122 - Opening or altering roads in counties voting for road tax - Notice by actions

(a)
The purpose of this section is to establish a rule defining what actions have supplied the requisite notice to affected landowners of the condemnation of their property by county court orders effected pursuant to §
14-298-121
.
(b)
Entry and notice shall mean:
(1)
Any construction work performed on a road, street, or highway where the right-of-way thereof condemned by the county court is on a new location was entry and was notice of the existence of the condemnation order, from the date of performance of the work, to the person owning, prior to the court order, the property entered upon;
(2)
Where the right-of-way condemned by a county court order included an existing road, street, or highway, construction work on the right-of-way which was more than the mere resurfacing or reconditioning of the existing road, street, or highway, was entry and was notice of the existence of the condemnation order to the person owning, prior to the court order, the property entered upon.
Acts 1963, No. 185, §§ 1, 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-123 - Replacement of washed-out road

(a)
When any county road may be injured or destroyed by the washing of any lake, river, or creek, the judge of the county court shall be notified by any witness in writing of the nature and extent of the injury.
(b)
If the judge shall be satisfied that the road has been injured or destroyed to such extent as to inconvenience the traveling public, the judge shall appoint three (3) viewers. They may, if in their judgment it is necessary, take with them a competent surveyor and proceed to view and survey a new road upon such ground as will accommodate the traveling public.
(c)
The viewers shall determine the compensation to be allowed the owners of the property sought to be appropriated, at its true value, and the damages occasioned by the new road and shall make a report of their doings in the manner pointed out in this chapter as the duties of viewers of new roads.
(d)
Appeals may be taken from the appointment and orders of the judge and from the assessment allowed by the viewers as a jury to the owners of the property, in the manner provided by this chapter, within the time allowed by law, after the first regular term of the court thereafter held.
(e)
The appointment of viewers and order of the judge provided in this chapter shall be recorded in the records of the court.
(f)
The county court shall be governed in the reception, approving, and recording of the report of viewers, in all respects, as is prescribed in the case of new roads, except no notice of the destruction or injury to the road shall be required except as required by this section.
(g)
All costs, damages, and expenses arising under the provisions of this section shall be paid out of the county treasury on the warrant of the county clerk.
Acts 1871, No. 26, § 59, p. 56; C. & M. Dig., § 5248; Pope's Dig., § 6967; A.S.A. 1947, § 76-919; Acts 2005, No. 1200, § 14.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-124 - Altering public roads on private land

(a)
(1)
If any person through whose land a public road is or may be established shall be desirous of turning the road through any other part of his or her land, that person shall apply by petition to the county court to permit him or her to turn the road through any other part of his or her land on as good ground and without increasing the distance to the injury of the public.
(2)
Upon presentation of the petition, the person shall present a supporting affidavit to the effect that the proposed change will not materially increase the distance to the injury of the public, together with opinions by supporting affidavits in writing as to the utility or practicability of the alteration.
(b)
The court shall declare the new road a public highway if:
(1)
The court finds that the prayer of the petition is reasonable and the alteration will not place the road on worse ground or increase the distance to the injury of the public;
(2)
The court is satisfied that the new road will be opened by the petitioner, a legal width and, in all respects made as good as the old road was for the convenience of travelers; and
(3)
In the opinion of the court, the petition shall be just and reasonable.
(c)
A person desiring the alteration provided in this section shall pay all the cost incident to the proceedings, and no damages shall be allowed to any petitioner under the provisions of this section by reason of any such change to any petitioner.
Acts 1871, No. 26, § 57, p. 56; 1897 (Ex. Sess.), No. 10, §§ 1, 2, p. 33; 1907, No. 427,§ 1, p. 1147; C. & M. Dig., § 5246; Pope's Dig., § 6965; A.S.A. 1947, § 76-916; Acts 2005, No. 1200, § 15.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 298 - ESTABLISHMENT, ALTERATION, AND VACATION OF COUNTY ROADS (§§ 14-298-101 — 14-298-125) › Section 14-298-125 - Federal authority

(a)
The county court of each county in the State of Arkansas is authorized to grant the United States of America the right to close, inundate, destroy, relocate, alter, or appropriate any county highway in the county in connection with the construction, development, operation, or maintenance of any flood control or other public project being constructed, operated, developed, or maintained by the United States of America, upon such terms and conditions and for such consideration as the county court may determine to be just and proper.
(b)
The county court of each county of the State of Arkansas shall have power to execute any and all contracts, deeds, easements, and other instruments of conveyance as may be required in or convenient to the exercise of the powers granted in this section.
Acts 1949, No. 181, §§ 1, 2; A.S.A. 1947, §§ 76-924, 76-925.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 299 - MAINTENANCE AND REPAIR OF COUNTY HIGHWAYS (§§ 14-299-101 — 14-299-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-299-101 — 14-299-102) › Section 14-299-101 - Classification of roads

All public roads and highways running most centrally through the county and most used by the public shall be designated as first-class roads and all other public roads and highways as second-class roads.
Acts 1899, No. 200, § 10, p. 347; C. & M. Dig., § 5225; Pope's Dig., § 6939; A.S.A. 1947, § 76-1020.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 18 - ROADWAYS, BRIDGES, AND PARKING GENERALLY (§§ 14-296-101 — 14-305-110) › Chapter 299 - MAINTENANCE AND REPAIR OF COUNTY HIGHWAYS (§§ 14-299-101 — 14-299-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 14-299-101 — 14-299-102) › Section 14-299-102 - Roadwork priority according to classification

All roads of the first class shall be first worked, and then the second-class roads shall be worked as the court may class and order.
Acts 1899, No. 200, § 10, p. 347; C. & M. Dig., § 5225; Pope's Dig., § 6939; A.S.A. 1947, § 76-1020.