Ark. Code Ann. » Title 14 Chapter 14
Arkansas Code Annotated

Ark. Code Ann. § 14-14-201 (2026)

Power to change

✓ current as of May 2026
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  1. The power to change county boundaries is inherent in the General Assembly, subject to express constitutional restrictions.
    1. No county now established shall be reduced to an area of less than six hundred square miles (600 sq. mi.) nor to less than five thousand (5,000) inhabitants; nor shall any new county be established with less than six hundred square miles (600 sq. mi.) and five thousand (5,000) inhabitants.
    2. This section shall not apply to the counties of Lafayette, Pope, and Johnson nor be so construed as to prevent the General Assembly from changing the line between the counties of Pope and Johnson.
  3. No part of a county shall be taken off to form a new county, or a part thereof, without the consent of a majority of voters in the part to be taken off.
  4. In the formation of new counties, no line thereof shall run within ten (10) miles of the county seat of the county proposed to be divided, except the county seat of Lafayette County.
    1. Sebastian County may have two (2) districts and two (2) county seats, at which county and circuit courts shall be held as may be provided by law, each district paying its own expenses.
    2. However, nothing in this section shall be construed as requiring Sebastian County to maintain two (2) districts or two (2) county seats, nor construed as authorizing the establishment of two (2) county quorum courts and two (2) county courts.

History. Acts 1977, No. 742, §§ 12-16; A.S.A. 1947, § 17-3202.

Case Notes

In General.

The power to change county lines is inherent in the General Assembly, subject to express constitutional restrictions and the essential requisites of the state that are implied in our form of government. Reynolds v. Holland, 35 Ark. 56 (1879); Pulaski County v. County Judge, 37 Ark. 339 (1881) (decisions under prior law).

Area.

An act of the General Assembly reducing a county below 600 square miles is unconstitutional. Bittle v. Stuart, 34 Ark. 224 (1879) (decision under prior law).

New Counties.

Consent of a majority of voters in part taken off is only required in the case of new counties to be formed out of portions of old ones. Reynolds v. Holland, 35 Ark. 56 (1879); Pulaski County v. County Judge, 37 Ark. 339 (1881) (decisions under prior law).

Sebastian County.

The two districts of Sebastian County are, in effect, separate counties, so far as the recording requirements of § 18-50-103 are involved. Henson v. Fleet Mtg. Co., 319 Ark. 491, 892 S.W.2d 250 (1995).

Cited: In re Wallace, 61 B.R. 54 (Bankr. W.D. Ark. 1986); In re Henson, 157 B.R. 867 (Bankr. W.D. Ark. 1993).

Notes of Decisions
Cited in 3 cases, 1993–2020 · leading case: Parker v. Crow, 368 S.W.3d 902 (Ark. 2010).
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Parker v. Crow, 368 S.W.3d 902 (Ark. 2010). · cites it 6× “The circuit judge specifically points to Arkansas Code Annotated section 14-14-201 as invalidating Act 74.”
Tom G. Clowers v. Marilyn Edwards, Former Washington Cnty. Judge; Joseph Wood, Current Washington Cnty. Judge; George Butler, Former Washington Cnty. Attorney; Brian Lester, Current Washington Cnty. Attorney; Garrett Harlan, Current Washington Cnty. Law Clerk; Tim Helder, Current Washington Cnty. Sheriff; Colin Jorgensen, Ass'n of Arkansas Counties; Leslie Rutledge, Arkansas Attorney Gen.; Arkansas Bd. of Election Commissioners; & Arkansas Sec'y of State's Off., 2020 Ark. 367 (Ark. 2020). “In short, these provisions have no bearing on the county court’s decision here.”
In re Henson, 157 B.R. 867 (Bankr. W.D. Ark. 1993). · cites it 2× “Const, art 13, § 5; Ark.Code Ann. § 14-14-201 (Mi-chie 1987).”
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