§ 26-25-105 - Objections to levy. - Arkansas Statutes

26-25-105. Objections to levy.

(a) (1) Any person having real or personal property assessed for taxation may appear in person or by attorney before the county court, at the time of the levy of taxes by it, or at the succeeding term thereafter, and by petition or remonstrance, object to the levy of any specific tax for illegality, and may by sworn petition, set forth and show any facts upon which the illegality rests.

(2) If the petition is based upon facts, it shall be the duty of the court to determine both the law and the facts presented, and for that purpose, it shall hear any testimony offered.

(3) If the court should rule against the objection so presented, the party objecting to the levy may appeal from the ruling to the circuit court of the county. Upon giving bond within ten (10) days, with good and sufficient security, in double the amount of specific tax levied upon the property of the party objecting, subject to the approval of the court, and conditioned for the payment of the tax, should it be decided to have been lawfully levied, it shall operate as a supersedeas of the collection of the tax.

(b) (1) The bond shall not operate to prevent the tax being placed upon the tax book.

(2) The bond shall be given to the State of Arkansas.

(3) In the event the levy shall finally be declared illegal, the judgment shall operate as an acquittal to the collector and his securities for the noncollection of the tax.

(4) If the tax is finally declared legal, the collector shall immediately proceed to collect it as in other cases, or by action on the appeal bond.

(5) Any taxpayer feeling himself aggrieved by any such levy may, at any time before the returning of delinquent taxes by the collector for that year, appeal as provided in this section.

(6) Any person interested in the levy of the tax may resist the petition to prevent a levy, either before the county court or in the circuit court on appeal.

(7) In all cases where an appeal is taken, the clerk of the county court shall enter on the tax books, opposite the name of the party, tract, or lot of land, the supersedeas of the specific tax.

(c) (1) The county court shall employ counsel to attend before it at the hearing, and, should it be appealed to the circuit court, the prosecuting attorney and, if to the Arkansas Supreme Court, the Attorney General, shall appear in the interest and behalf of the levy of the tax.

(2) The real or personal property upon which the illegal specific tax as alleged to have been levied shall not be withheld from sale on account of any taxes for any purpose due or to become due upon it and which has not been paid as provided by law, and against the collection of which no petition has been filed.