Arkansas Code Annotated

Ark. Code Ann. § 14-94-127 (2026)

Lien for preliminary expenses

✓ current as of May 2026

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If for any reason the improvement contemplated by any district organized under this chapter is not made, the preliminary expense shall be a first lien upon all the real property in the district and shall be paid by a levy of a tax on it. The levy shall be made by the chancery court of the county and shall be collected by a receiver to be appointed by the court.

History. Acts 1987, No. 113, § 20.

Case Notes

Constitutionality.

The absence of language in this section directing the chancery court to use a particular method for computing the tax levy bestows upon the judiciary a nondelegable power of the legislature in violation of the separation of powers provisions of the Arkansas Constitution. Robert D. Holloway, Inc. v. Pine Ridge Addition Residential Property Owners, 332 Ark. 450, 966 S.W.2d 241 (1998).

Notes of Decisions

Cited in 1 case, 1998–1998 · leading case: Robert D. Holloway, Inc. v. Pine Ridge Addition Residential Prop. Owners, 966 S.W.2d 241 (Ark. 1998).

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Robert D. Holloway, Inc. v. Pine Ridge Addition Residential Prop. Owners, 966 S.W.2d 241 (Ark. 1998). · cites it 22× “The constitutionality of Ark. Code Ann. § 14-94-127 (Repl. 1988) is the issue before us on appeal.”

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