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![handle is hein.sag/sagar0062 and id is 1 raw text is: ARKANSAS DOCUMENTS
COLLECTION
STATE OF ARKANSAS Auc 071991
Office of the Attorney General SUpTEME COURT LIRAR
Winson ByantSTATE OF ARKANSAS
Winston Bryant Telephone:
Attorney General (501) 682-207
Opinion No. 91-176
July 2, 1991
The Honorable Bobby G. Wood
State Representative
2806 Harrisburg Road
Jonesboro, AR 72401
Dear Representative Wood:
This is in response to your request for an opinion regarding
a drainage district's assessment of property. You state
that although a large majority of property owners in the
district did receive sufficient notice, approximately
200-250 property owners' legal descriptions were omitted
from the legal notice. You have asked whether the lack of
notice as to these property owners voids the entire
assessment until such time as all of the property owners are
given sufficient notice.
Although our review of Arkansas case law has not disclosed a
case directly on point, the Arkansas Supreme Court has
stated that It]he whole object of the statute relating to
notice in the formation of drainage districts and the
assessment of benefits therein is to give notice to that
part of the public affected thereby, and is jurisdictional.
Drainage Dist. No. 9 of Miller Co. v. Merchant's & Planters'
Bank, 176 Ark. 474, 479, 2 S.W.2d 1079 (1928); see also
Paschal v. Swepston, 120 Ark. 230, 179 S.W. 339 (1915); Lane
v. Cook, 135 Ark. 528, 205 S.W. 887 (1918). The court has
thus held that where the notice failed to correctly describe
the area to be incorporated in the district, it was fatal to
the validity of the proceedings. Pascal, 120 Ark. at 236.
The court in Pascal stated:
In the establishment of the various
kinds of improvement districts,
200 Tower Building, 323 Center Street * Little Rock, Arkansas 72201-2610](ViewImageLocal?handle=hein.sag/sagar0062&div=1&collection=&method=preview&ext=.png&size=3)