§ 14-317-106 - Hearing on petition -- Appeal. - Arkansas Statutes

14-317-106. Hearing on petition -- Appeal.

(a) On the day named in the notice, it shall be the duty of the county court to meet and to hear the petition and to ascertain whether those signing the petition constitute a two-thirds (2/3) majority in value, acreage, or number of landowners within the proposed road improvement district.

(1) If the county court determines that a two-thirds (2/3) majority in value, acreage, or number of landowners within the proposed road improvement district have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appointing the commissioners named in the petition, if commissioners are named therein and are property holders in the district.

(2) If it fails to find that a two-thirds (2/3) majority in either value, acreage, or number of landowners within the proposed road improvement district have signed the petition, it shall enter its order denying the petition.

(b) If any part of the proposed district shall be located within the corporate limits of an incorporated town or city, the county court shall make a separate finding on the question of two-thirds (2/3) majority in that incorporated town or city.

(1) If the court finds that a two-thirds (2/3) majority in value in the portion of each incorporated town or city that is included in the proposed district, as well as two-thirds (2/3) majority in value, acreage, or number of landowners of rural lands affected, have petitioned for the improvement, it shall enter its judgment laying off the district as defined in the petition and appoint the commissioners named in the petition, if commissioners are named therein and are property holders in the district.

(2) If it fails to find that a two-thirds (2/3) majority in value of the area affected by the proposed district in any incorporated town or city affected or a two-thirds (2/3) majority in either value, acreage, or number of landowners of the lands affected outside of an incorporated town or city has signed the petition, it shall enter its order denying the petition.

(c) Any petitioner or any opponent of the petitioner may appeal from the judgment of the county court creating or refusing to create the district, but the appeal must be taken and perfected within thirty (30) days. If no appeal is taken within that time, the judgment creating the district shall be final and conclusive upon all persons.

(d) The petition shall state the specific purposes for which the district is to be formed. The judgment establishing the district shall give it a name which shall be descriptive of the purpose. The district shall also receive a number to prevent its being confused with other districts for similar purposes.