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
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