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Arkansas Code Title 2. Agriculture § 2-16-505. District establishment--Subchapter enforcement

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) When the question as to whether this subchapter shall be enforced in any district is submitted to the landowners of the district at any special election called for that purpose, the question shall be submitted to the landowners in substantially the following form on the ballot:

FOR THE ESTABLISHMENT OF A JOHNSON GRASS CONTROL AND ERADICATION DISTRICT COMPOSED OF․․․․․․

․․․․․․․☐

AGAINST THE ESTABLISHMENT OF A JOHNSON GRASS CONTROL AND ERADICATION DISTRICT COMPOSED OF․․

․․․․․․․☐

(b)(1) Only qualified electors of the proposed district who are owners of real property in the proposed district shall be permitted to vote in the election.

(2) Every person voting in the election shall be required to sign an affidavit that the person is an owner of real property in the proposed district.

(c)(1) If in any special election a majority of the landowners voting on the question shall vote against the establishment of the district, the question shall not again be submitted to the landowners of the district for one (1) year.

(2)(A) If at the special election the majority of the landowners voting on the question shall vote for the establishment of the district, then the vote shall be entered on the record, and the county clerk or clerks shall notify the judge or judges who shall declare the designated area to be a Johnson grass control and eradication district and shall cause notice to be published in a newspaper having a general circulation in the electing district.

(B) The notice shall state that the district has been established, that the provisions of this subchapter shall be applicable in the district, and that all landowners in the district shall take steps to control and eradicate Johnson grass on all lands owned by them or under their control, in accordance with this subchapter.

(3)(A) Within ten (10) days after the publication of the notice, the county judge or judges in which a district lies shall appoint a district Johnson grass control board composed of three (3) landowners in the district to advise and assist in the administration of this subchapter in that district.

(B)(i) If the district is in a single county, the county judge of that county shall appoint the three (3) members of the board.

(ii) If a district lies within two (2) counties, the county judge in which the greater acreage of the district lies shall appoint two (2) members of the board, and the county judge of the other county in which a portion of the district lies shall appoint one (1) member.

(iii) In the event a district lies within three (3) counties, the county judge of each county in which a portion of the district lies shall appoint one (1) member to the board.

(4)(A) The district Johnson grass control board shall select and employ a district Johnson grass control and eradication supervisor, who shall be a resident of the district and who shall have a thorough knowledge of ways and means of controlling and eradicating Johnson grass.

(B) The supervisor, through the direction of the board, shall be charged with the administration and enforcement of this subchapter in the district.

(C)(i) The supervisor shall be a full-time employee of the district and shall receive such salary and other compensation and expenses as shall be determined by the board.

(ii) The county court in each county in which a portion of a district lies shall provide from the county general fund, on a basis proportional to the amount of district acreage in the county to the total acreage in the district, such funds as shall be sufficient to pay the salary of the supervisor and to otherwise carry out the purposes of this subchapter in the district.

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Cite this article: FindLaw.com - Arkansas Code Title 2. Agriculture § 2-16-505. District establishment--Subchapter enforcement - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-2-agriculture/ar-code-sect-2-16-505/

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