§ 14-40-608 - Right to detach certain lands after an annexation proceeding.
14-40-608. Right to detach certain lands after an annexation proceeding.
(a) Within three (3) years after an annexation proceeding is completed under the provisions of this subchapter and the land remains the boundary of the city or town, the person owning all lands originally annexed into the city or town may be authorized to detach those annexed lands from the city or town under the provisions of this section, so long as the city or town has provided no utility services to those lands.
(b) (1) When a qualifying landowner notifies the municipality that he or she wishes to detach his or her land from the city or town under this section, the governing body of the municipality may pass an ordinance within thirty (30) days to detach the annexed, qualifying land from the municipality.
(2) (A) In order to notify the city or town, the landowner shall file an affidavit with the city clerk or recorder stating that:
(i) His or her land was annexed;
(ii) His or her land is located inside the city or town along the municipal boundary; and
(iii) He or she desires the annexed land to be detached from the municipality.
(B) The affidavit shall be filed along with a certified copy of the plat of the annexed land he or she desires to be detached and a copy of the order of the county court approving the annexation and the resolution or ordinance of the municipal governing body accepting the annexation.
(c) If the municipal governing body approves the ordinance to detach the territory, the clerk or recorder of the municipality shall duly certify and send one (1) copy of the plat of the detached territory, one (1) copy of the ordinance detaching the territory, and one (1) copy of the qualifying affidavit to the county clerk.
(d) (1) The county clerk shall forward a copy of each document to the Secretary of State, who shall file and preserve them.
(2) The county clerk shall forward one (1) copy of the plat of the detached territory and one (1) copy of the ordinance detaching the territory to the Director of the Tax Division of the Arkansas Public Service Commission, who shall file and preserve them and shall notify all utility companies having property in the municipality of the detachment proceedings.