Judges: WINSTON BRYANT, Attorney General
Filed Date: 8/27/1998
Status: Precedential
Modified Date: 7/5/2016
The Honorable Myra Jones State Representative 5201 Country Club Boulevard Little Rock, AR 72207-4535
Dear Representative Jones:
This is in response to your request for an opinion on the following question:
Can Little Rock create a municipal conservation district now or must legislation be passed to authorize conservation districts before it can be accomplished?
You indicate that this question is asked in light of a bill which was introduced in the 1997 legislative session but which did not pass, entitled "An Act to Provide for the Creation of Conservation Districts[.]" Senate Bill 144 (81st Gen. Ass. Reg. Sess., 1997). I thus assume that your question pertains to the creation of a "conservation district" as envisioned under the 1997 legislative proposal.
It is my opinion that the answer to this question is "no." The state "Historic Districts Act" (codified as A.C.A. §§
This conclusion is compelled primarily by the fact that the Historic Districts Act, referenced above, has been deemed a legitimate use of the state police powers. See Second Bapt. Church v. L.R. Historic Dist.Comm'n,
As you note in your request, the bill that was introduced last session authorizing the creation of "conservation districts" closely paralleled the Historic Districts Act. These pieces of legislation are, however, significantly different in several respects, as is revealed by a cursory review and comparison of the two. Compare, for instance, A.C.A. §
It is readily apparent that a "conservation district" as provided for in Senate Bill 144 would be formed under different procedures and would exercise different powers, but would essentially be regulating the same areas contemplated by the current Historic Districts Act. It seems clear, in my opinion, that the municipal conservation district would be created under conflicting municipal legislation, contrary to A.C.A. §
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elisabeth A. Walker.
Sincerely,
WINSTON BRYANT Attorney General