Restrictive provisions

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A county exercising local legislative power is subject to the following provisions. These provisions are a prohibition on the legislative power of a county acting other than as provided:

  1. (1) All state laws providing for the:

    1. (A) Corporation or disincorporation of cities and towns;

    2. (B) Annexation, disannexation, or exclusion of territory from a city or town; and

    3. (C) Creation, abandonment, or boundary alteration of counties;

  2. (2) All state laws establishing legislative procedures or requirements for county government;

  3. (3) All laws requiring elections;

  4. (4) All laws which regulate planning or zoning. However, a county quorum court, in the exercise of its local legislative power, may either accept, modify, or reject recommendations of the county planning board. Modifications of the recommendations shall be made by the procedures provided in § 14-17-201 et seq. The quorum court is empowered to initiate its own planning and zoning laws;

  5. (5) All laws directing or requiring a county government, or any officer or employee of a county government, to carry out any function or provide any service. However, nothing in this subdivision (5) shall be construed to prevent counties from abolishing or consolidating an office under the provisions of Arkansas Constitution, Amendment 55, § 2(b), nor the reassignment of statutory delegated functions or services which the reassignment is permitted by law if the abolition, consolidation, or reassignment shall not alter the obligation of the county to continue providing the services previously provided by the abolished or consolidated office;

  6. (6) All laws regulating finance or borrowing procedures and powers of local government;

  7. (7) All laws governing eminent domain;

  8. (8) All laws governing public information and open meetings; and

  9. (9) All laws governing the vacation of roads, streets, or alleys.


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