Ark. Code Ann. § 14-38-104 (2020)
Order of incorporation — Transcript
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The county court shall make out and endorse on the petition an order to the effect that the city or incorporated town as named and described in the petition may be organized if the court shall be satisfied after hearing the petition that:
- The greater of either two hundred (200) or a majority of the qualified voters residing within the described territory have signed the petition;
- The limits have been accurately described and an accurate map or plat of the limits made and filed;
- The name proposed for the city or incorporated town is proper and sufficient to distinguish it from others of like kind in the state; and
- Moreover, that it shall be deemed right and proper in the judgment and discretion of the court that the petition shall be granted.
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- The order shall be signed and delivered by the court, together with the petition and the map or plat, to the recorder of the county, whose duty it shall be to record it as soon as possible in the proper book or records and to file and preserve in his or her office the original papers, having certified thereon that it has been properly recorded.
- It shall also be the duty of the recorder to make out and certify, under his or her official seal, two (2) transcripts of the record. The recorder shall forward one (1) copy to the Secretary of State and deliver one (1) copy to the agent of the petitioners, with a certificate thereon that a similar transcript has been forwarded to the Secretary of State as provided by this section.
History. Acts 1875, No. 1, § 37, p. 1; C. & M. Dig., § 7666; Pope's Dig., § 9788; A.S.A. 1947, § 19-103; Acts 1995, No. 299, § 1; 2001, No. 1233, § 3.
Case Notes
In General.
On the passage of the Act of April 20, 1873, for the addition of territory to municipal corporations, Du Val's addition to the city of Little Rock became and continued a part of the city and was not cut off, as was attempted by the Act of March 9, 1877, “to define the boundary of the city,” the act being unconstitutional. City of Little Rock v. Parish, 36 Ark. 166 (1880).
Appeals.
Parties who file a remonstrance and thus become parties may appeal. Barnwell v. Town of Gravette, 87 Ark. 430, 112 S.W. 973 (1908).
In action by municipality for annexation of additional territory, the circuit court on appeal from the county court will try the case de novo, and such decision by the circuit court will be affirmed by the Supreme Court if there is any substantial evidence to support it. Burton v. City of Ft. Smith, 214 Ark. 516, 216 S.W.2d 884 (1949).
Judgment in favor of annexation of large tract of land on ground that annexation was needed for municipal expansion will be affirmed if there is substantial evidence to support such judgment, although there is evidence that some of the land is valuable as agricultural land. Burton v. City of Ft. Smith, 214 Ark. 516, 216 S.W.2d 884 (1949).
Maps or Plats.
Corners established by a government survey are conclusive and cannot be collaterally attacked. Burton v. City of Ft. Smith, 214 Ark. 516, 216 S.W.2d 884 (1949).
Transcripts.
The transcripts mentioned in this section are the records required to be delivered to the county recorder, and in turn certified. Pike v. City of Stuttgart, 200 Ark. 1010, 142 S.W.2d 233 (1940).
Cited: Dunkum v. Moore, 265 Ark. 544, 580 S.W.2d 183 (1979).