City of Calico Rock petitions court for right of use; water system expansion pending

According to documents filed Oct. 18 in Izard County Circuit Court, the city has been operating a water tower on Chesmond Ferry Road for the use and enjoyment of the citizens for several decades.

In June of 2023, the city was awarded financial assistance by the Arkansas Natural Resources Commission to improve and expand the water system, however; the parcel of land in question stands between the city and the expansion.

“In order to expand the existing system, it will be necessary for the city to encroach on said parcel. Expanding the water system of the city is in the best interest of the health, safety and welfare of the citizens of Calico Rock..,” the filing said.

After hiring a title company to investigate the chain of title to the property, it was discovered in April of this year, “there was no way to determine ownership or chain of title of the property”.

A surveyor was then hired, and provided with a legal description. The survey was conducted in June of this year, however in July, a second title search remained fruitless.

“Andrea Coleman of Izard County Abstract reported that an accurate title search could not be conducted, due to the poor record keeping and mistakes in previous surveys. The abstract company reported that it ‘exhausted all of their avenues at this time’. This was after Izard County Abstract conducted research through the county property records, court records and assessor’s records.”

The City of Calico Rock is now petitioning the court in order to seek ownership or right of way across unowned parcel of land and to petition the court to quiet the title of the parcel, when there are questions regarding chain of title.

A notice has been posted on the parcel.

Once the matter has been settled in court, the city will move forward as planned with expansion and improvement of the city’s water system.

At press time, no court date had yet been set for the issue.