Court approval of plan generally

  1. Law
  2. Arkansas Code
  3. Local Government
  4. Water and Soil Improvement Districts
  5. Conservation Districts Law
  6. Improvement Plans
  7. Court approval of plan generally

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  1. (a) Upon its adoption of a proposed improvement plan for an improvement project area, a copy of the plan shall be submitted to appropriate federal and state agencies for comment and the board of directors shall file the plan with the clerk of the chancery court of the county in which the district is located, with a petition that the court approve such plan for the project area therein described.

  2. (b)

    1. (1) The court shall enter an order appointing an engineer to be selected by the board, subject to approval by the court, who shall give bond in a sum not less than one thousand dollars ($1,000), to be fixed by the court, for the faithful discharge of his duties.

    2. (2) The engineer shall forthwith proceed to make a survey and ascertain the limits of the region which would be benefited by the proposed improvements. He shall file with the clerk of the court a report showing the territory which will be benefited by the proposed improvements, giving a general idea of the character and expense thereof, and making such suggestions as to the proposed improvements and their location as he may deem advisable.

    3. (3) The territory need not consist of contiguous parcels of land.

  3. (c)

    1. (1) The chancery clerk shall, upon the filing of the report, give notice by publication for two (2) weeks in some newspaper published and having a general circulation in the county calling upon all persons owning property within the proposed project area, which shall be described in the notice, to appear at a hearing before the court on some day to be fixed by the court, to show cause in favor of or against the proposed improvement plan for the project area.

    2. (2) If the court deems it to be in the best interests of the owners of land within the project area that the plan for the area shall be approved, it shall enter an order approving such plan and establishing the project area described therein.

    3. (3) Any owner of land within the territory of such project area may petition the court at the hearing to exclude his property.

    4. (4) If the court finds that the land would not be benefited by the proposed plan, the court, in its order, shall exclude the land of the petitioner or petitioners from the project area.

    5. (5) All such improvement plans for project areas shall be appropriately identified by a number or a name selected by the court.


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