It is the purpose of this subchapter to assist landowners to obtain municipal services by making the services reasonably available. However, nothing in this subchapter shall relieve a landowner from the obligation to pay regular fees and costs for connecting to services or from the obligation to pay the regular cost of the services.
History.
Acts 1999, No. 779, § 1.
Case Notes
Annexation.
Detachment-Annexation Statutes were met in the company's action seeking to have a second city annex its property where the circuit court erred in its interpretation that the first city did not provide water and sewer services to its citizens because the city did not own a water or sewer system. City of Maumelle v. Jeffrey Sand Co., 353 Ark. 686, 120 S.W.3d 55 (2003).
Trial court did not err in finding that landowners' annexation into an adjoining city complied with this section and § 14-40-2002, and the court rejected the city's argument that the necessary services were already available to the landowners; sewer service, as defined in § 14-40-2002(e), was not available to the landowners when they requested such services by the city, and sewer service was necessary to maximize the use of property as provided in the statute. City of Rockport v. City of Malvern, 356 Ark. 393, 155 S.W.3d 9 (2004).
Commitment to Provide Services.
Because the city failed to demonstrate a commitment to providing services within a reasonable time, the trial court did not err in finding that the city did not meet its burden of showing compliance with this section and § 14-40-2002. City of Rockport v. City of Malvern, 356 Ark. 393, 155 S.W.3d 9 (2004).
Cited:
City of Rockport v. City of Malvern, 2010 Ark. 449, 374 S.W.3d 660 (2010); City of Tontitown v. First Sec. Bank, 2017 Ark. App. 326, 525 S.W.3d 18 (2017).
City of Tontitown v. First Sec. Bank, 2017 Ark. App. 326, 525 S.W.3d 18. · cites it 4ד” Ark. Code Ann. § 14-40-2001 . Section 14-40-2004(b)(1) provides the following regarding these petitions: (A) Upon petition of either affected municipality, the landowner or group of landowners, or its representatives, the circuit judge shall hold a hearing or series of…”
City of Maumelle v. Jeffrey Sand Co., 120 S.W.3d 55 (Ark. 2003). · cites it 12דIn 2001, Jeffery Sand Company (JSC) sought to detach its property from the City of Maumelle and requested that the City of North Little Rock annex the property under the Detachment-Annexation Statutes, codified at Ark. Code Ann. § 14-40-2001 et seq. (Supp.”
City of Rockport v. City of Malvern, 155 S.W.3d 9 (Ark. 2004). · cites it 2דIn 1999, Act 779 of 1999, now codified at Ark. Code Ann. §§ 14-40-2001 — 14-40-2002 (Supp.”
City of Lowell v. City of Rogers, 43 S.W.3d 742 (Ark. 2001). · cites it 2דThis appeal stems from the second of a pair of cases involving the annexation by the City of Rogers of land located in an adjoining municipality pursuant to Ark. Code Ann. §§ 14-40-2001 — 2002 (Supp.”
City of Rockport v. City of Malvern, 2010 Ark. 449, 374 S.W.3d 660. · cites it 4דSpecifically, section 14-40-2002 provides the criteria that allows. a landowner to seek to detach from one municipality and be annexed by another.”
City of Tontitown v. First Sec. Bank, 2017 Ark. App. 333, 522 S.W.3d 834. “Act 779 of 1999 is codified at Arkansas ■Code Annotated sections 14-40-2001 to - 2002. In,2001, the Arkansas General Assembly amended section 14-40-2002 and added sections 14-40-2003 to-2005.”
City of Tontitown v. City of Springdale, 2020 Ark. App. 528. · cites it 3דIn Jeffrey Sand, the Arkansas Supreme Court held that the language of the statute indicates the remedy the legislature sought to provide was to give the landowner a means of obtaining services to the property.”
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