86-038

Whether terms of school consolidation agreement are consistent with Arkansas law? Involves whether the newly consolidated district suceeds to the rights, and property of the old district, and become liable for all debts contracts and obligations thereof. 6-43-110, 6-43-111. RESPONSE: The agreeme

Year: 1986Length: 209 wordsOfficial source

Cite as Ark. Op. Att'y Gen. 86-038

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL , OPINION NO. 86-38 February 7, 1986 The Honorable Tommy Mitchum State Representative P, O. Box 2082 Batesville, AR 72501 ‘Dear Rep. Mitchum: This is in response to your opinion request wherein you -askedthis Office to review a provision in a proposed. consolidation agreement between two school districts... The: provision in question provides that the newly consolidated school district shall succeed to all the "rights and property" of the old school districts and become liable for all “contracts, debts and obligations" of those districts. a Ark. Stat. Ann, §§80-2422 and 80-2423 (Repl. 1980) clearly So provide that any newly created school district succeeds to . the property, debts, and contracts of the dissolved districts. This principle is consistently found in all Arkansas statutes addressing the question of consolidation, annexation or merger of school districts. '° Hence, in response to your inquiry, this Office has reviewed _ item 3 of the consolidation agreement submitted with your :, Opinion request and finds the. provisions therein consistent. with’ Arkansas: law. yghis ¢ opinion, which. I- hereby approve, was prepared by “Assistant Attorney’ General CC.” Randy McNair, Tit. Attor ey General -- ISCYCRM: jk
86-038: Whether terms of school consolidation agreement are consistent with Arkansas law? Involves whether the newly consolidated district suceeds to the rights, and property of the old district, and become liable for all debts contracts and obligations thereof. 6-43-110, 6-43-111. RESPONSE: The agreeme | Justis AI