State Codes and Statutes
Statutes > Arkansas > Title-14 > Subtitle-5 > Chapter-94 > 14-94-11514-94-115. Assessment of benefits and damages.
(a) (1) In the event that the board shall have voted to accept any offer of gift, or shall have voted to purchase any improvement, or shall have voted to construct any improvement or any facilities for the improvement, it shall thereupon appoint an assessor to assess the benefits which will accrue to the real property within the district as a result of the improvement.
(2) The assessor shall take an oath that he will well and truly assess all benefits that will accrue to the landowners of the district by reason of the improvement.
(b) (1) The assessor shall proceed to assess the real property within the district, and he shall inscribe in a book each tract of real property and shall place in one (1) column his valuation of each tract or parcel of real property prior to the improvement, which column may be marked "Assessed Value of Real Property Prior to Improvement", and in another column he shall place what he thinks will be the value of each tract or parcel of real property after the improvement, which column may be marked "Assessed Value of Real Property After Improvement".
(2) (A) (i) If the assessed value of real property after improvement is greater than the assessed value of real property before improvement, as assessed by the assessor for the district, the difference between the two (2) shall be the assessed benefits that will accrue to each tract by reason of the improvement.
(ii) If the assessed value of real property as assessed by the assessor of the district after the improvement is less than the assessed value of real property before the improvement, the difference between the two (2) shall be the assessed damages that will accrue to the particular parcel or tract of real property by reason of the improvement.
(B) The assessor shall enter the assessment of benefits or damages opposite the description of each piece of property in appropriate columns, one (1) of which may be marked "Assessed Benefits", and the other may be marked "Assessed Damages". In another column the assessor shall show the estimate of the probable cost to the property owner, which may be marked "Estimated Cost".
(c) (1) The assessment shall embrace not merely the lands but all railroads, tramroads, telegraph and telephone lines, pipelines, and other improvements on land that will be benefited by the acquiring or making of the improvement.
(2) No assessment shall apply against any pipelines or other improvements which are owned by any municipality, county, school district, or improvement district.
(d) (1) The assessor shall place opposite each tract the name of the supposed owner as indicated by the deed records, but a mistake in name shall not vitiate the assessment.
(2) (A) The assessor shall also assess all damages that will accrue to any property owner by reason of the improvement, including all injury to real property taken or damaged.
(B) Where the assessor returns no damages to any tract of real property, it shall be deemed a finding by him that no damages will be sustained.
(e) The assessor shall hold his office at the pleasure of the board, which can fill any vacancy in the position of assessor.
