Ark. Code Ann. § 18-60-1006 — AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1006
Determination of value
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d). (b) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation. (c) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value. (d) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser registered in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court. (e) If an appraisal is conducted pursuant to subsection (d), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating: (1) the appraised fair market value of the property; (2) that the appraisal is available at the clerk's office; and (3) that a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection. (f) (1) Except as provided in subsection (h), if an appraisal is filed with the court pursuant to subsection (d), the court shall conduct a hearing to determine the fair market value of the property not sooner than thirty (30) days after a copy of the notice of the appraisal is sent to each party under subsection (e). (2) In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party. (g) After a hearing under subsection (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value. (h) The court may waive the hearing required under subsection (f) if no defendant or cotenant enters a court appearance or files an objection to the appraisal. Amended by Act 2017, No. 1106,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 1106,§ 1, eff. 8/1/2017. Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

(a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d).

(b) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.

(c) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.

(d) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser registered in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.

(e) If an appraisal is conducted pursuant to subsection (d), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating: (1) the appraised fair market value of the property; (2) that the appraisal is available at the clerk's office; and (3) that a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.

(1) the appraised fair market value of the property;

(2) that the appraisal is available at the clerk's office; and

(3) that a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.

(f) (1) Except as provided in subsection (h), if an appraisal is filed with the court pursuant to subsection (d), the court shall conduct a hearing to determine the fair market value of the property not sooner than thirty (30) days after a copy of the notice of the appraisal is sent to each party under subsection (e). (2) In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.

(1) Except as provided in subsection (h), if an appraisal is filed with the court pursuant to subsection (d), the court shall conduct a hearing to determine the fair market value of the property not sooner than thirty (30) days after a copy of the notice of the appraisal is sent to each party under subsection (e).

(2) In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.

(g) After a hearing under subsection (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.

(h) The court may waive the hearing required under subsection (f) if no defendant or cotenant enters a court appearance or files an objection to the appraisal.

Amended by Act 2017, No. 1106,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 1106,§ 1, eff. 8/1/2017.

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 18-15-806 — AR Code / Title 18 / Chapter 15 / Subchapter 8 / Section 18-15-806
Navigation companies connecting streams by railroad - Order to vest land in petitioner
Status: in_force

(a) When any lands shall have been so appraised and valued, when a due report of the appraisement has been made, and when the amount of money has been deposited with the clerk and ordered to be paid as provided in § 18-15-805 , it shall be the duty of the judge to make an order upon the records of his or her court that the lands so appraised shall vest in and belong to the company petitioning, as provided in § 18-15-803 . (b) The order shall contain a description of the lands, the amount at which they were valued by the appraisers, the fact that the amount was deposited with the clerk and ordered to be paid over to the original owner or owners, the date of the deposit and order, the names of the original owner or owners, and the corporate name of the company. (c) (1) When so made and certified by the judge, the order shall be recorded as other deeds of conveyance. (2) When so made, certified, and recorded, the order shall operate as, and have in law the effect of, conveyance in fee simple from the original owner or owners to the company of the lands named and described in the order. Acts 1869 (Adj. Sess.), No. 48, §§ 8, 9, p. 102; C. & M. Dig., §§ 1754, 1755; A.S.A. 1947, §§ 35-708, 35-709.

(a) When any lands shall have been so appraised and valued, when a due report of the appraisement has been made, and when the amount of money has been deposited with the clerk and ordered to be paid as provided in § 18-15-805 , it shall be the duty of the judge to make an order upon the records of his or her court that the lands so appraised shall vest in and belong to the company petitioning, as provided in § 18-15-803 .

(b) The order shall contain a description of the lands, the amount at which they were valued by the appraisers, the fact that the amount was deposited with the clerk and ordered to be paid over to the original owner or owners, the date of the deposit and order, the names of the original owner or owners, and the corporate name of the company.

(c) (1) When so made and certified by the judge, the order shall be recorded as other deeds of conveyance. (2) When so made, certified, and recorded, the order shall operate as, and have in law the effect of, conveyance in fee simple from the original owner or owners to the company of the lands named and described in the order.

(1) When so made and certified by the judge, the order shall be recorded as other deeds of conveyance.

(2) When so made, certified, and recorded, the order shall operate as, and have in law the effect of, conveyance in fee simple from the original owner or owners to the company of the lands named and described in the order.

Acts 1869 (Adj. Sess.), No. 48, §§ 8, 9, p. 102; C. & M. Dig., §§ 1754, 1755; A.S.A. 1947, §§ 35-708, 35-709.
Ark. Code Ann. § 18-60-801 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-801
Definitions
Status: in_force

As used in this section and §§ 18-60-802 - 18-60-808 : (1) "Order of delivery" means a "writ of replevin"; and (2) "Party" or "person" means individuals, corporations, partnerships, associations, or any entity having the legal capacity to sue or be sued. Acts 1973, No. 144, § 7; A.S.A. 1947, § 34-2125.

As used in this section and §§ 18-60-802 - 18-60-808 :

(1) "Order of delivery" means a "writ of replevin"; and

(2) "Party" or "person" means individuals, corporations, partnerships, associations, or any entity having the legal capacity to sue or be sued.

Acts 1973, No. 144, § 7; A.S.A. 1947, § 34-2125.
Ark. Code Ann. § 18-13-101 — AR Code / Title 18 / Chapter 13 / Section 18-13-101
Title
Status: in_force

This chapter shall be known as the "Horizontal Property Act". Acts 1961 (1st Ex. Sess.), No. 60, § 1; A.S.A. 1947, § 50-1001.

This chapter shall be known as the "Horizontal Property Act".

Acts 1961 (1st Ex. Sess.), No. 60, § 1; A.S.A. 1947, § 50-1001.
Ark. Code Ann. § 18-15-906 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-906
Order for viewers to proceed
Status: in_force

The county court shall issue its order directing viewers to proceed on the day to be named in the order or, on their failure to meet on that date, within five (5) days thereafter, to: (1) View, survey, lay out, and establish the public landing; (2) Determine whether the public convenience requires that the public landing shall be established; and (3) Report what amount of land is required for the public landing, not exceeding three (3) acres. Acts 1909, No. 307, § 7, p. 916; C. & M. Dig., § 4064; Pope's Dig., § 5067; A.S.A. 1947, § 35-1007.

The county court shall issue its order directing viewers to proceed on the day to be named in the order or, on their failure to meet on that date, within five (5) days thereafter, to:

(1) View, survey, lay out, and establish the public landing;

(2) Determine whether the public convenience requires that the public landing shall be established; and

(3) Report what amount of land is required for the public landing, not exceeding three (3) acres.

Acts 1909, No. 307, § 7, p. 916; C. & M. Dig., § 4064; Pope's Dig., § 5067; A.S.A. 1947, § 35-1007.
Ark. Code Ann. § 18-27-302 — AR Code / Title 18 / Chapter 27 / Subchapter 3 / Section 18-27-302
Definitions
Status: in_force

As used in this subchapter: (1) "Dealer" means an individual or entity that is engaged in the business of: (A) Lending money upon the security of an article of personal property that is retained by the individual or entity until: (i) The loan is repaid; or (ii) The time to repay the loan has expired; or (B) Purchasing other than at wholesale or retail an article of personal property for resale in any form; (2) "Defacing identifiable stolen personal property" means performing or acquiescing in an act designed to remove, destroy, mutilate, disguise, or otherwise purposefully and willfully prevent detection of identifiable stolen personal property; (3) "Identifiable stolen personal property" means personal property that is: (A) Reported stolen to an appropriate law enforcement agency; (B) Described in the official stolen property report of the law enforcement agency by serial number, vehicle identification number, license registration number, or other numbers, letters, symbols, or markings that authenticate the specific personal property in the possession of the dealer; and (C) Connected by documentation, such as a receipt, presented to the dealer by the owner demonstrating the likelihood of current ownership; and (4) "Insider" means a family member or friend of the owner of stolen property. Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.

As used in this subchapter:

(1) "Dealer" means an individual or entity that is engaged in the business of: (A) Lending money upon the security of an article of personal property that is retained by the individual or entity until: (i) The loan is repaid; or (ii) The time to repay the loan has expired; or (B) Purchasing other than at wholesale or retail an article of personal property for resale in any form;

(A) Lending money upon the security of an article of personal property that is retained by the individual or entity until: (i) The loan is repaid; or (ii) The time to repay the loan has expired; or

(i) The loan is repaid; or

(ii) The time to repay the loan has expired; or

(B) Purchasing other than at wholesale or retail an article of personal property for resale in any form;

(2) "Defacing identifiable stolen personal property" means performing or acquiescing in an act designed to remove, destroy, mutilate, disguise, or otherwise purposefully and willfully prevent detection of identifiable stolen personal property;

(3) "Identifiable stolen personal property" means personal property that is: (A) Reported stolen to an appropriate law enforcement agency; (B) Described in the official stolen property report of the law enforcement agency by serial number, vehicle identification number, license registration number, or other numbers, letters, symbols, or markings that authenticate the specific personal property in the possession of the dealer; and (C) Connected by documentation, such as a receipt, presented to the dealer by the owner demonstrating the likelihood of current ownership; and

(A) Reported stolen to an appropriate law enforcement agency;

(B) Described in the official stolen property report of the law enforcement agency by serial number, vehicle identification number, license registration number, or other numbers, letters, symbols, or markings that authenticate the specific personal property in the possession of the dealer; and

(C) Connected by documentation, such as a receipt, presented to the dealer by the owner demonstrating the likelihood of current ownership; and

(4) "Insider" means a family member or friend of the owner of stolen property.

Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.
Ark. Code Ann. § 18-15-803 — AR Code / Title 18 / Chapter 15 / Subchapter 8 / Section 18-15-803
Navigation companies connecting streams by railroad - Petition
Status: in_force

Any company desiring to avail itself of the benefits of the right-of-way provided for in this subchapter shall petition the county court, or the judge thereof in vacation, of the county in which any lands are situated and over which a right-of-way is desired to appoint a jury of twelve (12) persons, qualified under the laws of this state to serve on juries, whose duties it shall be to appraise and ascertain the value of any lands over which a right-of-way is desired by any company petitioning, and provided for in this section. Acts 1869 (Adj. Sess.), No. 48, § 5, p. 102; C. & M. Dig., § 1751; A.S.A. 1947, § 35-705.

Any company desiring to avail itself of the benefits of the right-of-way provided for in this subchapter shall petition the county court, or the judge thereof in vacation, of the county in which any lands are situated and over which a right-of-way is desired to appoint a jury of twelve (12) persons, qualified under the laws of this state to serve on juries, whose duties it shall be to appraise and ascertain the value of any lands over which a right-of-way is desired by any company petitioning, and provided for in this section.

Acts 1869 (Adj. Sess.), No. 48, § 5, p. 102; C. & M. Dig., § 1751; A.S.A. 1947, § 35-705.
Ark. Code Ann. § 18-2-106 — AR Code / Title 18 / Chapter 2 / Section 18-2-106
Commutation of remainder interest
Status: in_force

The present value of a remainder interest is found by subtracting from the principal sum the value of the commuted life interest as determined by this subchapter. Acts 1981, No. 350, § 6; A.S.A. 1947, § 50-706.

The present value of a remainder interest is found by subtracting from the principal sum the value of the commuted life interest as determined by this subchapter.

Acts 1981, No. 350, § 6; A.S.A. 1947, § 50-706.
Ark. Code Ann. § 18-14-310 — AR Code / Title 18 / Chapter 14 / Subchapter 3 / Section 18-14-310
Out-of-state time-share plan
Status: in_force

(a) A single site time-share plan and component sites of a multisite time-share plan that are located outside the state are to be established and governed by the applicable laws of the state in which the time-share property or component site is located. (b) If there is a conflict between the affirmative standards stated in the laws of the state or jurisdiction that governs an out-of-state time-share plan and this subchapter, the law of the state or jurisdiction in which the time-share property is located controls. (c) If the association and the time-share instruments provide for the matters contained in §§ 18-14-302 - 18-14-306 , as applicable, the developer or association is considered to be in compliance with these sections and is not required to revise the time-share instruments to comply with this subchapter. Added by Act 2013, No. 710,§ 3, eff. 8/16/2013.

(a) A single site time-share plan and component sites of a multisite time-share plan that are located outside the state are to be established and governed by the applicable laws of the state in which the time-share property or component site is located.

(b) If there is a conflict between the affirmative standards stated in the laws of the state or jurisdiction that governs an out-of-state time-share plan and this subchapter, the law of the state or jurisdiction in which the time-share property is located controls.

(c) If the association and the time-share instruments provide for the matters contained in §§ 18-14-302 - 18-14-306 , as applicable, the developer or association is considered to be in compliance with these sections and is not required to revise the time-share instruments to comply with this subchapter.

Added by Act 2013, No. 710,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 18-60-816 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-816
Redelivery bond
Status: in_force

(a) (1) Within two (2) days after the taking of the property by the sheriff, in the case in which the property was not taken under an execution, the defendant or anyone for him or her may cause a bond to be executed to the plaintiff in the presence of the sheriff, by one (1) or more sufficient sureties, in double the value of the property, to the effect that the defendant shall perform the judgment of the court in the actions. (2) Thereupon the sheriff shall restore the property to the defendant or to the person in whose possession it was found. (b) (1) If the bond is not executed within the time provided in subsection (a) of this section, the sheriff shall deliver the property to the plaintiff. (2) The sheriff shall return the bonds with the order. Civil Code, § 210; C. & M. Dig., § 8649; Pope's Dig., § 11382; A.S.A. 1947, § 34-2109.

(a) (1) Within two (2) days after the taking of the property by the sheriff, in the case in which the property was not taken under an execution, the defendant or anyone for him or her may cause a bond to be executed to the plaintiff in the presence of the sheriff, by one (1) or more sufficient sureties, in double the value of the property, to the effect that the defendant shall perform the judgment of the court in the actions. (2) Thereupon the sheriff shall restore the property to the defendant or to the person in whose possession it was found.

(1) Within two (2) days after the taking of the property by the sheriff, in the case in which the property was not taken under an execution, the defendant or anyone for him or her may cause a bond to be executed to the plaintiff in the presence of the sheriff, by one (1) or more sufficient sureties, in double the value of the property, to the effect that the defendant shall perform the judgment of the court in the actions.

(2) Thereupon the sheriff shall restore the property to the defendant or to the person in whose possession it was found.

(b) (1) If the bond is not executed within the time provided in subsection (a) of this section, the sheriff shall deliver the property to the plaintiff. (2) The sheriff shall return the bonds with the order.

(1) If the bond is not executed within the time provided in subsection (a) of this section, the sheriff shall deliver the property to the plaintiff.

(2) The sheriff shall return the bonds with the order.

Civil Code, § 210; C. & M. Dig., § 8649; Pope's Dig., § 11382; A.S.A. 1947, § 34-2109.
Ark. Code Ann. § 18-17-702 — AR Code / Title 18 / Chapter 17 / Subchapter 7 / Section 18-17-702
Noncompliance affecting health and safety
Status: in_force

(a) (1) If there is noncompliance by the tenant with § 18-17-601 materially affecting health and safety that may be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen (14) days after written notice by the landlord specifying the noncompliance and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner. (2) The tenant shall reimburse the landlord for the cost of the work. (3) In addition, the landlord shall have the remedies available under this chapter. (b) If there is noncompliance by the tenant with this chapter materially affecting health and safety other than as stated in subsection (a) of this section, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen (14) days after written notice by the landlord if it is not an emergency, specifying the noncompliance and requesting that the tenant remedy within that period of time, the landlord may terminate the rental agreement. Acts 2007, No. 1004, § 1; 2009, No. 482, § 6.

(a) (1) If there is noncompliance by the tenant with § 18-17-601 materially affecting health and safety that may be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen (14) days after written notice by the landlord specifying the noncompliance and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner. (2) The tenant shall reimburse the landlord for the cost of the work. (3) In addition, the landlord shall have the remedies available under this chapter.

(1) If there is noncompliance by the tenant with § 18-17-601 materially affecting health and safety that may be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen (14) days after written notice by the landlord specifying the noncompliance and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner.

(2) The tenant shall reimburse the landlord for the cost of the work.

(3) In addition, the landlord shall have the remedies available under this chapter.

(b) If there is noncompliance by the tenant with this chapter materially affecting health and safety other than as stated in subsection (a) of this section, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen (14) days after written notice by the landlord if it is not an emergency, specifying the noncompliance and requesting that the tenant remedy within that period of time, the landlord may terminate the rental agreement.

Acts 2007, No. 1004, § 1; 2009, No. 482, § 6.
Ark. Code Ann. § 18-45-303 — AR Code / Title 18 / Chapter 45 / Subchapter 3 / Section 18-45-303
Right of sale
Status: in_force

Any person, firm, or corporation having a lien under the provisions of § 18-45-301 and retaining possession of the object, thing, or property serviced or repaired shall have the right to sell it for the satisfaction of the lien. Acts 1939, No. 61, § 2; A.S.A. 1947, § 51-414.

Any person, firm, or corporation having a lien under the provisions of § 18-45-301 and retaining possession of the object, thing, or property serviced or repaired shall have the right to sell it for the satisfaction of the lien.

Acts 1939, No. 61, § 2; A.S.A. 1947, § 51-414.
Ark. Code Ann. § 18-48-202 — AR Code / Title 18 / Chapter 48 / Subchapter 2 / Section 18-48-202
Stolen livestock exempted
Status: in_force

The lien provided under this subchapter shall not apply to any stolen livestock. Acts 1957, No. 311, § 10; A.S.A. 1947, § 51-926.

The lien provided under this subchapter shall not apply to any stolen livestock.

Acts 1957, No. 311, § 10; A.S.A. 1947, § 51-926.
Ark. Code Ann. § 18-44-506 — AR Code / Title 18 / Chapter 44 / Subchapter 5 / Section 18-44-506
Surety and conditions
Status: in_force

The payment bond or performance bond required or authorized in this subchapter shall be: (1) Executed by a solvent corporate surety company authorized to do business in the State of Arkansas; and (2) Conditioned that the contractor shall: (A) Perform his or her obligations under the construction contract, public construction contract, or real estate contract; and (B) Pay all amounts owed for labor and materials furnished or performed under the construction contract, public construction contract, or real estate construction contract. Amended by Act 2021, No. 986,§ 5, eff. 7/28/2021. Acts 1953, No. 351, § 4; 1957, No. 209, § 2; A.S.A. 1947, § 51-635.

The payment bond or performance bond required or authorized in this subchapter shall be:

(1) Executed by a solvent corporate surety company authorized to do business in the State of Arkansas; and

(2) Conditioned that the contractor shall: (A) Perform his or her obligations under the construction contract, public construction contract, or real estate contract; and (B) Pay all amounts owed for labor and materials furnished or performed under the construction contract, public construction contract, or real estate construction contract.

(A) Perform his or her obligations under the construction contract, public construction contract, or real estate contract; and

(B) Pay all amounts owed for labor and materials furnished or performed under the construction contract, public construction contract, or real estate construction contract.

Amended by Act 2021, No. 986,§ 5, eff. 7/28/2021.

Acts 1953, No. 351, § 4; 1957, No. 209, § 2; A.S.A. 1947, § 51-635.
Ark. Code Ann. § 18-47-203 — AR Code / Title 18 / Chapter 47 / Subchapter 2 / Section 18-47-203
Execution of notices and certificates
Status: in_force

Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgement is necessary. Acts 1989, No. 835, § 3.

Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgement is necessary.

Acts 1989, No. 835, § 3.
Ark. Code Ann. § 18-14-103 — AR Code / Title 18 / Chapter 14 / Subchapter 1 / Section 18-14-103
Applicability
Status: in_force

(a) This chapter applies to a time-share plan established after February 25, 1983, under § 18-14-201 et seq., § 18-14-401 et seq., and § 18-14-501 et seq. (b) This chapter does not apply to the offer or sale of a time-share interest if the use extends over a period of three (3) years or less, whether or not the accommodation is located in this state. Amended by Act 2013, No. 710,§ 1, eff. 8/16/2013. Acts 1983, No. 294, Art. 1, § 1-102; 1983, No. 765, § 1; A.S.A. 1947, § 50-1302.

(a) This chapter applies to a time-share plan established after February 25, 1983, under § 18-14-201 et seq., § 18-14-401 et seq., and § 18-14-501 et seq.

(b) This chapter does not apply to the offer or sale of a time-share interest if the use extends over a period of three (3) years or less, whether or not the accommodation is located in this state.

Amended by Act 2013, No. 710,§ 1, eff. 8/16/2013.

Acts 1983, No. 294, Art. 1, § 1-102; 1983, No. 765, § 1; A.S.A. 1947, § 50-1302.
Ark. Code Ann. § 18-14-405 — AR Code / Title 18 / Chapter 14 / Subchapter 4 / Section 18-14-405
Material changes
Status: in_force

(a) The developer shall amend or supplement the public offering statement to report any material change in the information required by § 18-14-404 . (b) The developer shall use the written materials that are supplied to it by an exchange program for distribution to the time-share interest owners as the materials are received. Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013. Acts 1983, No. 294, Art. 3, § 3-106; A.S.A. 1947, § 50-1320.

(a) The developer shall amend or supplement the public offering statement to report any material change in the information required by § 18-14-404 .

(b) The developer shall use the written materials that are supplied to it by an exchange program for distribution to the time-share interest owners as the materials are received.

Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013.

Acts 1983, No. 294, Art. 3, § 3-106; A.S.A. 1947, § 50-1320.
Ark. Code Ann. § 18-44-132 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-132
Penalty for failure to discharge lien after payment
Status: in_force

(a) It shall be unlawful for any contractor, subcontractor, or other person who has performed work or furnished materials for the improvement of any property when the work or materials may give rise to a mechanic's, laborer's, or materialman's lien under the laws of this state, this subchapter and §§ 18-44-201 - 18-44-210 and 18-44-301 - 18-44-305 , or any other statute providing for a mechanic's, laborer's, or materialman's lien, or the assignee of such person, knowingly to receive payment of the contract price or any portion of it without applying the money so received toward the discharge of any liens known to the person receiving the payment, or properly record it as required by statutes, with the intent thereby to deprive the owner or person so paying the contractor or other person receiving payment of his or her funds without discharging the liens and thereby to defraud the owner or person so paying. (b) In any prosecution under this section as against the person so receiving payment, when it shall be shown in evidence that any lien for labor or materials existed in favor of any mechanic, laborer, or materialman and that the lien has been filed within the time provided by law in the office of the circuit clerk or other officer provided by law for the filing of such liens, and that the contractor, subcontractor, or other person charged has received payment without discharging the lien to the extent of the funds received by him or her, then the fact of acceptance of the payment without having discharged the lien within ten (10) days after receipt of the payment or the receipt of notice of the existence of the lien, whichever event shall occur last, shall be prima facie evidence of intent to defraud on the part of the person so receiving payment. (c) (1) If the amount of the contract price so received and not applied to the discharge of the liens, with the intent to defraud, shall exceed the sum of twenty-five dollars ($25.00), the party so receiving shall be deemed guilty of a felony and shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the Department of Corrections for not less than one (1) year nor more than five (5) years, or by both. (2) If the amount so received does not exceed the sum of twenty-five dollars ($25.00), the party shall be deemed guilty of a misdemeanor and punished by imprisonment in the county jail for not more than one (1) year or by fine not less than ten dollars ($10.00) nor more than three hundred dollars ($300), or by both. Acts 1963, No. 66, § 1; A.S.A. 1947, § 51-640.

(a) It shall be unlawful for any contractor, subcontractor, or other person who has performed work or furnished materials for the improvement of any property when the work or materials may give rise to a mechanic's, laborer's, or materialman's lien under the laws of this state, this subchapter and §§ 18-44-201 - 18-44-210 and 18-44-301 - 18-44-305 , or any other statute providing for a mechanic's, laborer's, or materialman's lien, or the assignee of such person, knowingly to receive payment of the contract price or any portion of it without applying the money so received toward the discharge of any liens known to the person receiving the payment, or properly record it as required by statutes, with the intent thereby to deprive the owner or person so paying the contractor or other person receiving payment of his or her funds without discharging the liens and thereby to defraud the owner or person so paying.

(b) In any prosecution under this section as against the person so receiving payment, when it shall be shown in evidence that any lien for labor or materials existed in favor of any mechanic, laborer, or materialman and that the lien has been filed within the time provided by law in the office of the circuit clerk or other officer provided by law for the filing of such liens, and that the contractor, subcontractor, or other person charged has received payment without discharging the lien to the extent of the funds received by him or her, then the fact of acceptance of the payment without having discharged the lien within ten (10) days after receipt of the payment or the receipt of notice of the existence of the lien, whichever event shall occur last, shall be prima facie evidence of intent to defraud on the part of the person so receiving payment.

(c) (1) If the amount of the contract price so received and not applied to the discharge of the liens, with the intent to defraud, shall exceed the sum of twenty-five dollars ($25.00), the party so receiving shall be deemed guilty of a felony and shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the Department of Corrections for not less than one (1) year nor more than five (5) years, or by both. (2) If the amount so received does not exceed the sum of twenty-five dollars ($25.00), the party shall be deemed guilty of a misdemeanor and punished by imprisonment in the county jail for not more than one (1) year or by fine not less than ten dollars ($10.00) nor more than three hundred dollars ($300), or by both.

(1) If the amount of the contract price so received and not applied to the discharge of the liens, with the intent to defraud, shall exceed the sum of twenty-five dollars ($25.00), the party so receiving shall be deemed guilty of a felony and shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the Department of Corrections for not less than one (1) year nor more than five (5) years, or by both.

(2) If the amount so received does not exceed the sum of twenty-five dollars ($25.00), the party shall be deemed guilty of a misdemeanor and punished by imprisonment in the county jail for not more than one (1) year or by fine not less than ten dollars ($10.00) nor more than three hundred dollars ($300), or by both.

Acts 1963, No. 66, § 1; A.S.A. 1947, § 51-640.
Ark. Code Ann. § 18-47-201 — AR Code / Title 18 / Chapter 47 / Subchapter 2 / Section 18-47-201
Scope
Status: in_force

This subchapter applies only to federal tax liens and to other federal liens notices of which under any Act of Congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens. Acts 1989, No. 835, § 1.

This subchapter applies only to federal tax liens and to other federal liens notices of which under any Act of Congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens.

Acts 1989, No. 835, § 1.
Ark. Code Ann. § 18-49-102 — AR Code / Title 18 / Chapter 49 / Section 18-49-102
Defense of payment or setoff
Status: in_force

(a) In any action in a justice court or circuit court of this state in which it is attempted to foreclose any mortgage or deed of trust or to replevy, under a mortgage, deed of trust, or other instrument any personal property, the defendant in the action shall have the right to prove or show any payment or setoff under the mortgage, deed of trust, or other instrument. (b) Judgment shall be rendered for the property or the balance due thereon, and the defendant may pay the judgment for the balance due and costs within ten (10) days and satisfy the judgment and retain the property. Acts 1901, No. 158, § 1, p. 303; C. & M. Dig., §§ 7410, 8654a; Pope's Dig., §§ 9468, 11388; A.S.A. 1947, § 51-1102.

(a) In any action in a justice court or circuit court of this state in which it is attempted to foreclose any mortgage or deed of trust or to replevy, under a mortgage, deed of trust, or other instrument any personal property, the defendant in the action shall have the right to prove or show any payment or setoff under the mortgage, deed of trust, or other instrument.

(b) Judgment shall be rendered for the property or the balance due thereon, and the defendant may pay the judgment for the balance due and costs within ten (10) days and satisfy the judgment and retain the property.

Acts 1901, No. 158, § 1, p. 303; C. & M. Dig., §§ 7410, 8654a; Pope's Dig., §§ 9468, 11388; A.S.A. 1947, § 51-1102.
Ark. Code Ann. § 18-60-406 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-406
Court-appointed guardians for minors
Status: in_force

(a) It shall be lawful for the circuit court of the proper county, for any of the purposes intended by § 18-60-401 , and before or after any proceedings by virtue thereof, to appoint a guardian for any minor, whether the minor resides in or out of this state. The guardian, for all the purposes of this act, shall have the same powers as any general guardian. (b) It shall be the duty of any court appointing any guardian for any minor entitled to any moneys arising from the sale in §§ 18-60-420 - 18-60-423 to require of the guardian a bond to the state, with such security as the court shall deem sufficient, conditioned for the faithful discharge of the duty or trust committed to him or her and that he or she will render a just and true account of his or her guardianship in all courts and places when required. Rev. Stat., ch. 107, §§ 36, 37; C. & M. Dig., §§ 8121, 8122; Pope's Dig., §§ 10543, 10544; A.S.A. 1947, §§ 34-1804, 34-1805.

(a) It shall be lawful for the circuit court of the proper county, for any of the purposes intended by § 18-60-401 , and before or after any proceedings by virtue thereof, to appoint a guardian for any minor, whether the minor resides in or out of this state. The guardian, for all the purposes of this act, shall have the same powers as any general guardian.

(b) It shall be the duty of any court appointing any guardian for any minor entitled to any moneys arising from the sale in §§ 18-60-420 - 18-60-423 to require of the guardian a bond to the state, with such security as the court shall deem sufficient, conditioned for the faithful discharge of the duty or trust committed to him or her and that he or she will render a just and true account of his or her guardianship in all courts and places when required.

Rev. Stat., ch. 107, §§ 36, 37; C. & M. Dig., §§ 8121, 8122; Pope's Dig., §§ 10543, 10544; A.S.A. 1947, §§ 34-1804, 34-1805.
Ark. Code Ann. § 18-16-405 — AR Code / Title 18 / Chapter 16 / Subchapter 4 / Section 18-16-405
Access to leased space - Care of property
Status: in_force

(a) If an occupant is in default, the operator may deny the occupant access to the leased space. (b) (1) The exclusive care, custody, and control of all personal property stored in the leased self-service storage space remains vested in the occupant unless: (A) The rental agreement specifically provides otherwise; (B) A lien sale is conducted by the operator under this subchapter; or (C) The personal property is a motor vehicle, trailer, or watercraft that is removed from the self-service storage facility by an operator of a tow vehicle. (2) Entry of the leased space by the operator for the purpose of complying with this subchapter shall not constitute conversion nor impose any responsibility for the care, custody, and control of any of the personal property stored. Amended by Act 2015, No. 348,§ 3, eff. 7/22/2015. Acts 1987, No. 576, §§ 4, 5; 1991, No. 786, § 28.

(a) If an occupant is in default, the operator may deny the occupant access to the leased space.

(b) (1) The exclusive care, custody, and control of all personal property stored in the leased self-service storage space remains vested in the occupant unless: (A) The rental agreement specifically provides otherwise; (B) A lien sale is conducted by the operator under this subchapter; or (C) The personal property is a motor vehicle, trailer, or watercraft that is removed from the self-service storage facility by an operator of a tow vehicle. (2) Entry of the leased space by the operator for the purpose of complying with this subchapter shall not constitute conversion nor impose any responsibility for the care, custody, and control of any of the personal property stored.

(1) The exclusive care, custody, and control of all personal property stored in the leased self-service storage space remains vested in the occupant unless: (A) The rental agreement specifically provides otherwise; (B) A lien sale is conducted by the operator under this subchapter; or (C) The personal property is a motor vehicle, trailer, or watercraft that is removed from the self-service storage facility by an operator of a tow vehicle.

(A) The rental agreement specifically provides otherwise;

(B) A lien sale is conducted by the operator under this subchapter; or

(C) The personal property is a motor vehicle, trailer, or watercraft that is removed from the self-service storage facility by an operator of a tow vehicle.

(2) Entry of the leased space by the operator for the purpose of complying with this subchapter shall not constitute conversion nor impose any responsibility for the care, custody, and control of any of the personal property stored.

Amended by Act 2015, No. 348,§ 3, eff. 7/22/2015.

Acts 1987, No. 576, §§ 4, 5; 1991, No. 786, § 28.
Ark. Code Ann. § 18-44-402 — AR Code / Title 18 / Chapter 44 / Subchapter 4 / Section 18-44-402
Priority
Status: in_force

A lien created under § 18-44-401 shall be superior and paramount to that of all persons interested in the railroad as managers, lessees, mortgagees, trustees, beneficiaries under trusts, or owners, whether prior in time or not. Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 1, p. 145; C. & M. Dig., § 8555; Pope's Dig., § 11131; A.S.A. 1947, § 73-737.

A lien created under § 18-44-401 shall be superior and paramount to that of all persons interested in the railroad as managers, lessees, mortgagees, trustees, beneficiaries under trusts, or owners, whether prior in time or not.

Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 1, p. 145; C. & M. Dig., § 8555; Pope's Dig., § 11131; A.S.A. 1947, § 73-737.
Ark. Code Ann. § 18-48-705 — AR Code / Title 18 / Chapter 48 / Subchapter 7 / Section 18-48-705
Default - Right to sell property
Status: in_force

If the occupant is in default for a period of more than forty-five (45) days, the marina operator may enforce the lien by selling the property stored in the leased space at a public sale for cash. Acts 1997, No. 903, § 5.

If the occupant is in default for a period of more than forty-five (45) days, the marina operator may enforce the lien by selling the property stored in the leased space at a public sale for cash.

Acts 1997, No. 903, § 5.
Ark. Code Ann. § 18-12-602 — AR Code / Title 18 / Chapter 12 / Subchapter 6 / Section 18-12-602
Land in adverse possession
Status: in_force

Any person claiming title to any real estate, notwithstanding there may be an adverse possession thereof, may sell and convey his or her interest in the same manner and with like effect as if he or she were in the actual possession of the real estate. Rev. Stat., ch. 31, § 6; C. & M. Dig., § 1500; Pope's Dig., § 1809; A.S.A. 1947, § 50-408.

Any person claiming title to any real estate, notwithstanding there may be an adverse possession thereof, may sell and convey his or her interest in the same manner and with like effect as if he or she were in the actual possession of the real estate.

Rev. Stat., ch. 31, § 6; C. & M. Dig., § 1500; Pope's Dig., § 1809; A.S.A. 1947, § 50-408.
Ark. Code Ann. § 18-17-704 — AR Code / Title 18 / Chapter 17 / Subchapter 7 / Section 18-17-704
Periodic tenancy - Holdover remedies
Status: in_force

(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven (7) days before the termination date specified in the notice. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days before the termination date specified in the notice. (c) (1) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. (2) If the holdover is not in good faith, the landlord may recover reasonable attorney's fees. (3) If the tenant's holdover is a willful violation of the provisions of this chapter or the rental agreement, the landlord may also recover an amount not more than three (3) months periodic rent or twice the actual damages sustained by him or her, whichever is greater and reasonable attorney's fees. (4) If the landlord consents to the tenant's continued occupancy, § 18-17-401(c) applies. Acts 2007, No. 1004, § 1.

(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven (7) days before the termination date specified in the notice.

(b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days before the termination date specified in the notice.

(c) (1) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. (2) If the holdover is not in good faith, the landlord may recover reasonable attorney's fees. (3) If the tenant's holdover is a willful violation of the provisions of this chapter or the rental agreement, the landlord may also recover an amount not more than three (3) months periodic rent or twice the actual damages sustained by him or her, whichever is greater and reasonable attorney's fees. (4) If the landlord consents to the tenant's continued occupancy, § 18-17-401(c) applies.

(1) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession.

(2) If the holdover is not in good faith, the landlord may recover reasonable attorney's fees.

(3) If the tenant's holdover is a willful violation of the provisions of this chapter or the rental agreement, the landlord may also recover an amount not more than three (3) months periodic rent or twice the actual damages sustained by him or her, whichever is greater and reasonable attorney's fees.

(4) If the landlord consents to the tenant's continued occupancy, § 18-17-401(c) applies.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-16-501 — AR Code / Title 18 / Chapter 16 / Subchapter 5 / Section 18-16-501
Common nuisance - Criminal offense
Status: in_force

Any tenant who uses or allows another person to use the tenant's leased premises as a common nuisance as defined by § 5-74-109(b) or § 16-105-402 or for a criminal offense as identified in § 18-16-502 may be evicted by the prosecuting attorney of the county, the city attorney of the city, the landlord, the premises owner, or the agent for the premises owner pursuant to the provisions of this subchapter. Acts 2009, No. 464, § 1.

Any tenant who uses or allows another person to use the tenant's leased premises as a common nuisance as defined by § 5-74-109(b) or § 16-105-402 or for a criminal offense as identified in § 18-16-502 may be evicted by the prosecuting attorney of the county, the city attorney of the city, the landlord, the premises owner, or the agent for the premises owner pursuant to the provisions of this subchapter.

Acts 2009, No. 464, § 1.
Ark. Code Ann. § 18-60-502 — AR Code / Title 18 / Chapter 60 / Subchapter 5 / Section 18-60-502
Petition
Status: in_force

(a) A claimant shall file in the office of the clerk of the circuit court of the county in which the land is situated a petition describing the land and stating facts which show a prima facie right and title to the land in himself or herself and that there is no adverse occupant thereof. (b) (1) The petitioner shall initiate a search of the following records in order to identify persons entitled to notice and shall provide notice as required under subdivision (b)(2) of this section: (A) Land title records in the office of the county recorder; (B) Tax records in the office of the county collector; (C) Tax records in the office of the county treasurer; (D) Tax records in the office of the county assessor; (E) For an individual, records of the probate court for the county in which the property is located; (F) For a partnership, partnership records filed with the county clerk; and (G) For a business entity other than a partnership, business entity records filed with the Secretary of State. (2) (A) The petitioner shall send notice by certified mail to the last known address in duplicate, with one (1) copy addressed by name to the person entitled to notice and the other copy addressed to "occupant", and if the certified mail is returned undelivered, the petitioner shall send a second notice by regular mail. (B) The petitioner shall post a notice of the pending quiet title action conspicuously on the property. (3) If the petitioner has knowledge of any other person who has, or claims to have, interest in the lands, the petitioner shall so state, and the person or persons shall be summoned as defendants in the case. (c) The petitioner may embrace in his or her petition as many tracts of land as he or she sees proper so long as they all lie in the county. Amended by Act 2017, No. 377,§ 1, eff. 8/1/2017. Acts 1899, No. 79, §§ 2, 10, p. 133; C. & M. Dig., §§ 8363, 8364; Pope's Dig., §§ 10959, 10960; A.S.A. 1947, §§ 34-1902, 34-1903; Acts 2007, No. 1037, § 1.

(a) A claimant shall file in the office of the clerk of the circuit court of the county in which the land is situated a petition describing the land and stating facts which show a prima facie right and title to the land in himself or herself and that there is no adverse occupant thereof.

(b) (1) The petitioner shall initiate a search of the following records in order to identify persons entitled to notice and shall provide notice as required under subdivision (b)(2) of this section: (A) Land title records in the office of the county recorder; (B) Tax records in the office of the county collector; (C) Tax records in the office of the county treasurer; (D) Tax records in the office of the county assessor; (E) For an individual, records of the probate court for the county in which the property is located; (F) For a partnership, partnership records filed with the county clerk; and (G) For a business entity other than a partnership, business entity records filed with the Secretary of State. (2) (A) The petitioner shall send notice by certified mail to the last known address in duplicate, with one (1) copy addressed by name to the person entitled to notice and the other copy addressed to "occupant", and if the certified mail is returned undelivered, the petitioner shall send a second notice by regular mail. (B) The petitioner shall post a notice of the pending quiet title action conspicuously on the property. (3) If the petitioner has knowledge of any other person who has, or claims to have, interest in the lands, the petitioner shall so state, and the person or persons shall be summoned as defendants in the case.

(1) The petitioner shall initiate a search of the following records in order to identify persons entitled to notice and shall provide notice as required under subdivision (b)(2) of this section: (A) Land title records in the office of the county recorder; (B) Tax records in the office of the county collector; (C) Tax records in the office of the county treasurer; (D) Tax records in the office of the county assessor; (E) For an individual, records of the probate court for the county in which the property is located; (F) For a partnership, partnership records filed with the county clerk; and (G) For a business entity other than a partnership, business entity records filed with the Secretary of State.

(A) Land title records in the office of the county recorder;

(B) Tax records in the office of the county collector;

(C) Tax records in the office of the county treasurer;

(D) Tax records in the office of the county assessor;

(E) For an individual, records of the probate court for the county in which the property is located;

(F) For a partnership, partnership records filed with the county clerk; and

(G) For a business entity other than a partnership, business entity records filed with the Secretary of State.

(2) (A) The petitioner shall send notice by certified mail to the last known address in duplicate, with one (1) copy addressed by name to the person entitled to notice and the other copy addressed to "occupant", and if the certified mail is returned undelivered, the petitioner shall send a second notice by regular mail. (B) The petitioner shall post a notice of the pending quiet title action conspicuously on the property.

(A) The petitioner shall send notice by certified mail to the last known address in duplicate, with one (1) copy addressed by name to the person entitled to notice and the other copy addressed to "occupant", and if the certified mail is returned undelivered, the petitioner shall send a second notice by regular mail.

(B) The petitioner shall post a notice of the pending quiet title action conspicuously on the property.

(3) If the petitioner has knowledge of any other person who has, or claims to have, interest in the lands, the petitioner shall so state, and the person or persons shall be summoned as defendants in the case.

(c) The petitioner may embrace in his or her petition as many tracts of land as he or she sees proper so long as they all lie in the county.

Amended by Act 2017, No. 377,§ 1, eff. 8/1/2017.

Acts 1899, No. 79, §§ 2, 10, p. 133; C. & M. Dig., §§ 8363, 8364; Pope's Dig., §§ 10959, 10960; A.S.A. 1947, §§ 34-1902, 34-1903; Acts 2007, No. 1037, § 1.
Ark. Code Ann. § 18-17-603 — AR Code / Title 18 / Chapter 17 / Subchapter 6 / Section 18-17-603
Tenant to use and occupy
Status: in_force

Unless otherwise agreed, a tenant shall occupy his or her dwelling unit only as a dwelling unit and shall not conduct or permit any illegal activities thereon. Acts 2007, No. 1004, § 1.

Unless otherwise agreed, a tenant shall occupy his or her dwelling unit only as a dwelling unit and shall not conduct or permit any illegal activities thereon.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-28-217 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-217
Election to take payment or delivery
Status: in_force

(a) The administrator may decline to receive property reported under this subchapter which the administrator considers to have a value less than the expenses of notice and sale. (b) A holder, with the written consent of the administrator and upon conditions and terms prescribed by the administrator, may report and deliver property before the property is presumed abandoned. Property so delivered must be held by the administrator and is not presumed abandoned until it otherwise would be presumed abandoned under this subchapter. Acts 1999, No. 850, § 17.

(a) The administrator may decline to receive property reported under this subchapter which the administrator considers to have a value less than the expenses of notice and sale.

(b) A holder, with the written consent of the administrator and upon conditions and terms prescribed by the administrator, may report and deliver property before the property is presumed abandoned. Property so delivered must be held by the administrator and is not presumed abandoned until it otherwise would be presumed abandoned under this subchapter.

Acts 1999, No. 850, § 17.
Ark. Code Ann. § 18-50-115 — AR Code / Title 18 / Chapter 50 / Section 18-50-115
Implied powers in mortgages
Status: in_force

(a) (1) Subject to the provisions of § 18-50-114 and notwithstanding the terms of the mortgage, a power of sale is implied in every mortgage of real property situated in this state that is duly acknowledged and recorded. (2) The exercise of the implied power of sale shall be pursuant to the provisions of this chapter. (b) A mortgagor and his or her successor in interest shall have the rights and duties of a grantor, and a mortgagee and his or her successor in interest shall have the rights and duties of a trustee and a beneficiary. (c) The mortgagee shall comply with §§ 18-50-103 - 18-50-107 , 18-50-109 , and 18-50-110 [repealed], and the mortgagee's deed shall comply with § 18-50-111 . Acts 1987, No. 53, § 15.

(a) (1) Subject to the provisions of § 18-50-114 and notwithstanding the terms of the mortgage, a power of sale is implied in every mortgage of real property situated in this state that is duly acknowledged and recorded. (2) The exercise of the implied power of sale shall be pursuant to the provisions of this chapter.

(1) Subject to the provisions of § 18-50-114 and notwithstanding the terms of the mortgage, a power of sale is implied in every mortgage of real property situated in this state that is duly acknowledged and recorded.

(2) The exercise of the implied power of sale shall be pursuant to the provisions of this chapter.

(b) A mortgagor and his or her successor in interest shall have the rights and duties of a grantor, and a mortgagee and his or her successor in interest shall have the rights and duties of a trustee and a beneficiary.

(c) The mortgagee shall comply with §§ 18-50-103 - 18-50-107 , 18-50-109 , and 18-50-110 [repealed], and the mortgagee's deed shall comply with § 18-50-111 .

Acts 1987, No. 53, § 15.
Ark. Code Ann. § 18-43-113 — AR Code / Title 18 / Chapter 43 / Section 18-43-113
Execution on judgment
Status: in_force

In all cases in which the property charged does not sell for enough to satisfy the judgment rendered, with all costs of suit, in favor of the claimant, execution may issue upon the judgment in the same manner as an ordinary judgment at law against any other property of the defendant. Acts 1868, No. 64, § 11, p. 224; C. & M. Dig., § 6856; Pope's Dig., § 8812; A.S.A. 1947, § 51-309.

In all cases in which the property charged does not sell for enough to satisfy the judgment rendered, with all costs of suit, in favor of the claimant, execution may issue upon the judgment in the same manner as an ordinary judgment at law against any other property of the defendant.

Acts 1868, No. 64, § 11, p. 224; C. & M. Dig., § 6856; Pope's Dig., § 8812; A.S.A. 1947, § 51-309.
Ark. Code Ann. § 18-40-107 — AR Code / Title 18 / Chapter 40 / Section 18-40-107
Attestation of satisfaction - Separate release
Status: in_force

(a) In all cases in which the party receiving satisfaction of any indebtedness secured by mortgage, deed of trust, or lien affecting real estate is required by law to acknowledge it on the margin of the record, the satisfaction shall be signed by the party and his or her signature shall be attested and dated by the clerk. The attestation by the clerk shall be evidence of the facts recited therein. (b) The effectual discharge of any lien, deed of trust, or mortgage lien in note, bond, or other instrument may be made by a separate release deed or instrument duly executed, acknowledged, and recorded. This instrument when so recorded shall be of the same effect as a marginal entry. (c) (1) Subsection (a) of this section does not apply in counties which use other than paper recording systems. (2) In counties which use other than paper recording systems, the clerks shall not allow marginal notations of satisfaction of any indebtedness after December 31, 1995. (3) In counties which use other than paper recording systems, marginal notations made after December 31, 1995, are void. Acts 1917, No. 374, § 3; C. & M. Dig., § 7400; Pope's Dig., § 9457; A.S.A. 1947, § 51-1017; Acts 1995, No. 1025, § 4.

(a) In all cases in which the party receiving satisfaction of any indebtedness secured by mortgage, deed of trust, or lien affecting real estate is required by law to acknowledge it on the margin of the record, the satisfaction shall be signed by the party and his or her signature shall be attested and dated by the clerk. The attestation by the clerk shall be evidence of the facts recited therein.

(b) The effectual discharge of any lien, deed of trust, or mortgage lien in note, bond, or other instrument may be made by a separate release deed or instrument duly executed, acknowledged, and recorded. This instrument when so recorded shall be of the same effect as a marginal entry.

(c) (1) Subsection (a) of this section does not apply in counties which use other than paper recording systems. (2) In counties which use other than paper recording systems, the clerks shall not allow marginal notations of satisfaction of any indebtedness after December 31, 1995. (3) In counties which use other than paper recording systems, marginal notations made after December 31, 1995, are void.

(1) Subsection (a) of this section does not apply in counties which use other than paper recording systems.

(2) In counties which use other than paper recording systems, the clerks shall not allow marginal notations of satisfaction of any indebtedness after December 31, 1995.

(3) In counties which use other than paper recording systems, marginal notations made after December 31, 1995, are void.

Acts 1917, No. 374, § 3; C. & M. Dig., § 7400; Pope's Dig., § 9457; A.S.A. 1947, § 51-1017; Acts 1995, No. 1025, § 4.
Ark. Code Ann. § 18-15-606 — AR Code / Title 18 / Chapter 15 / Subchapter 6 / Section 18-15-606
Appeals
Status: in_force

Appeals may be taken by any party interested from the assessment and allotment of damages under the provisions of this subchapter. Acts 1895, No. 126, § 8, p. 183; C. & M. Dig., § 4041; Pope's Dig., § 5043; A.S.A. 1947, § 35-408.

Appeals may be taken by any party interested from the assessment and allotment of damages under the provisions of this subchapter.

Acts 1895, No. 126, § 8, p. 183; C. & M. Dig., § 4041; Pope's Dig., § 5043; A.S.A. 1947, § 35-408.
Ark. Code Ann. § 18-15-602 — AR Code / Title 18 / Chapter 15 / Subchapter 6 / Section 18-15-602
Right to draw, control, etc., water
Status: in_force

(a) When a corporation in the construction of its waterworks, in extending its waterworks, or in making new lines of work shall deem it necessary, it may, as provided in this subchapter, draw water from any river, lake, creek, spring branch, or spring by means of pipes, ditches, drains, conduits, aqueducts, or other means of conducting water so as to connect the rivers, lakes, creeks, spring branches, or springs with its works. (b) The corporation may also erect and construct dams, bulkheads, gates, and other needed structures and means of controlling the water and its protection and in general do any other act necessary or convenient in accomplishing the purpose contemplated by this subchapter. Acts 1895, No. 126, § 3, p. 183; C. & M. Dig., § 4036; Acts 1931, No. 154, § 1; Pope's Dig., § 5038; A.S.A. 1947, § 35-403.

(a) When a corporation in the construction of its waterworks, in extending its waterworks, or in making new lines of work shall deem it necessary, it may, as provided in this subchapter, draw water from any river, lake, creek, spring branch, or spring by means of pipes, ditches, drains, conduits, aqueducts, or other means of conducting water so as to connect the rivers, lakes, creeks, spring branches, or springs with its works.

(b) The corporation may also erect and construct dams, bulkheads, gates, and other needed structures and means of controlling the water and its protection and in general do any other act necessary or convenient in accomplishing the purpose contemplated by this subchapter.

Acts 1895, No. 126, § 3, p. 183; C. & M. Dig., § 4036; Acts 1931, No. 154, § 1; Pope's Dig., § 5038; A.S.A. 1947, § 35-403.
Ark. Code Ann. § 18-11-306 — AR Code / Title 18 / Chapter 11 / Subchapter 3 / Section 18-11-306
Land leased to state or political subdivision - Conservation easement
Status: in_force

Unless otherwise agreed in writing, the provisions of §§ 18-11-304 and 18-11-305 are applicable to the duties and liability of: (1) An owner of land leased to the state or a political subdivision of the state for recreational purposes; (2) An owner of an interest in the real property burdened by a conservation easement as defined in § 15-20-402 ; or (3) A holder of a conservation easement as defined in § 15-20-402 . Acts 1965, No. 51, § 5; A.S.A. 1947, § 50-1105; Acts 2007, No. 677, § 2.

Unless otherwise agreed in writing, the provisions of §§ 18-11-304 and 18-11-305 are applicable to the duties and liability of:

(1) An owner of land leased to the state or a political subdivision of the state for recreational purposes;

(2) An owner of an interest in the real property burdened by a conservation easement as defined in § 15-20-402 ; or

(3) A holder of a conservation easement as defined in § 15-20-402 .

Acts 1965, No. 51, § 5; A.S.A. 1947, § 50-1105; Acts 2007, No. 677, § 2.
Ark. Code Ann. § 18-44-404 — AR Code / Title 18 / Chapter 44 / Subchapter 4 / Section 18-44-404
Judgment
Status: in_force

The lien shall be mentioned in the judgment rendered for claimant in the ordinary suit for the claim, or in any order of court allowing such claim as a just charge against any railroad in the hands of a receiver. Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 3, p. 145; C. & M. Dig., § 8557; Pope's Dig., § 11133; A.S.A. 1947, § 73-739.

The lien shall be mentioned in the judgment rendered for claimant in the ordinary suit for the claim, or in any order of court allowing such claim as a just charge against any railroad in the hands of a receiver.

Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 3, p. 145; C. & M. Dig., § 8557; Pope's Dig., § 11133; A.S.A. 1947, § 73-739.
Ark. Code Ann. § 18-47-205 — AR Code / Title 18 / Chapter 47 / Subchapter 2 / Section 18-47-205
Fees
Status: in_force

The fee for filing and indexing each notice of lien or certificate or notice affecting the lien is: (1) For a lien on real estate, six dollars ($6.00) for the first page and one dollar ($1.00) for each additional page; (2) For a lien on tangible and intangible personal property, six dollars ($6.00); (3) For a certificate of discharge or subordination, six dollars ($6.00) for the first page and one dollar ($1.00) for each additional page; (4) For all other notices, including a certificate of release or nonattachment, six dollars ($6.00) for the first page and one dollar ($1.00) for each additional page. The officer shall bill the district directors of the federal Internal Revenue Service or other appropriate federal officials on a monthly basis for fees for documents filed by them. Acts 1989, No. 835, § 5; 1995, No. 769, § 1.

The fee for filing and indexing each notice of lien or certificate or notice affecting the lien is:

(1) For a lien on real estate, six dollars ($6.00) for the first page and one dollar ($1.00) for each additional page;

(2) For a lien on tangible and intangible personal property, six dollars ($6.00);

(3) For a certificate of discharge or subordination, six dollars ($6.00) for the first page and one dollar ($1.00) for each additional page;

(4) For all other notices, including a certificate of release or nonattachment, six dollars ($6.00) for the first page and one dollar ($1.00) for each additional page.

The officer shall bill the district directors of the federal Internal Revenue Service or other appropriate federal officials on a monthly basis for fees for documents filed by them.

Acts 1989, No. 835, § 5; 1995, No. 769, § 1.
Ark. Code Ann. § 18-17-904 — AR Code / Title 18 / Chapter 17 / Subchapter 9 / Section 18-17-904
Tenant ejected on failure to show cause
Status: in_force

If the tenant fails to appear and show cause within the ten-calendar-day period provided in § 18-17-902(b) as directed by the order or at the court appointed hearing date, the court shall enter judgment in favor of the plaintiff and direct the clerk to issue a writ of possession, and the tenant shall be evicted by the sheriff of the county. Acts 2007, No. 1004, § 1; 2009, No. 311, § 6; 2009, No. 482, § 9.

If the tenant fails to appear and show cause within the ten-calendar-day period provided in § 18-17-902(b) as directed by the order or at the court appointed hearing date, the court shall enter judgment in favor of the plaintiff and direct the clerk to issue a writ of possession, and the tenant shall be evicted by the sheriff of the county.

Acts 2007, No. 1004, § 1; 2009, No. 311, § 6; 2009, No. 482, § 9.
Ark. Code Ann. § 18-11-714 — AR Code / Title 18 / Chapter 11 / Subchapter 7 / Section 18-11-714
Transitional provision
Status: in_force

This subchapter applies to an easement created before, on, or after August 1, 2023. Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.

This subchapter applies to an easement created before, on, or after August 1, 2023.

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 18-15-202 — AR Code / Title 18 / Chapter 15 / Subchapter 2 / Section 18-15-202
Counties - Power to condemn for water and sewer facilities
Status: in_force

(a) (1) In addition to the purposes for which counties are now authorized to exercise the power of eminent domain, counties are authorized to exercise that power for the purpose of acquiring property for water facilities and sewer facilities. (2) The counties shall exercise their power of eminent domain only as a last resort, and they shall make use of existing easements and rights-of-way to the extent practicable. (b) Counties shall exercise the power of eminent domain for the purposes set forth in subsection (a) of this section in accordance with the same procedures and methods by which municipalities are authorized to acquire property by exercising the power of eminent domain for municipal water works purposes, as set forth in §§ 18-15-401 - 18-15-410 . Acts 1985, No. 991, §§ 1, 2; A.S.A. 1947, §§ 35-919, 35-920.

(a) (1) In addition to the purposes for which counties are now authorized to exercise the power of eminent domain, counties are authorized to exercise that power for the purpose of acquiring property for water facilities and sewer facilities. (2) The counties shall exercise their power of eminent domain only as a last resort, and they shall make use of existing easements and rights-of-way to the extent practicable.

(1) In addition to the purposes for which counties are now authorized to exercise the power of eminent domain, counties are authorized to exercise that power for the purpose of acquiring property for water facilities and sewer facilities.

(2) The counties shall exercise their power of eminent domain only as a last resort, and they shall make use of existing easements and rights-of-way to the extent practicable.

(b) Counties shall exercise the power of eminent domain for the purposes set forth in subsection (a) of this section in accordance with the same procedures and methods by which municipalities are authorized to acquire property by exercising the power of eminent domain for municipal water works purposes, as set forth in §§ 18-15-401 - 18-15-410 .

Acts 1985, No. 991, §§ 1, 2; A.S.A. 1947, §§ 35-919, 35-920.
Ark. Code Ann. § 18-14-402 — AR Code / Title 18 / Chapter 14 / Subchapter 4 / Section 18-14-402
Civil remedies
Status: in_force

(a) (1) If a developer or any other person subject to this chapter violates this chapter or a project instrument, a person or class of persons adversely affected by the violation has a claim for appropriate relief. (2) Punitive damages or attorney's fees, or both, may be awarded for willful violation of this chapter. (b) Section 17-42-401 et seq. does not apply to any claims arising from or damages caused by a violation of this chapter, the Real Estate License Law, § 17-42-101 et seq., or rules by a licensee while engaged in a time-share activity. Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013. Acts 1983, No. 294, Art. 3, § 3-108; A.S.A. 1947, § 50-1322; Acts 1989, No. 45, § 2; 1991, No. 786, § 27.

(a) (1) If a developer or any other person subject to this chapter violates this chapter or a project instrument, a person or class of persons adversely affected by the violation has a claim for appropriate relief. (2) Punitive damages or attorney's fees, or both, may be awarded for willful violation of this chapter.

(1) If a developer or any other person subject to this chapter violates this chapter or a project instrument, a person or class of persons adversely affected by the violation has a claim for appropriate relief.

(2) Punitive damages or attorney's fees, or both, may be awarded for willful violation of this chapter.

(b) Section 17-42-401 et seq. does not apply to any claims arising from or damages caused by a violation of this chapter, the Real Estate License Law, § 17-42-101 et seq., or rules by a licensee while engaged in a time-share activity.

Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013.

Acts 1983, No. 294, Art. 3, § 3-108; A.S.A. 1947, § 50-1322; Acts 1989, No. 45, § 2; 1991, No. 786, § 27.
Ark. Code Ann. § 18-46-110 — AR Code / Title 18 / Chapter 46 / Section 18-46-110
Persons under legal disability
Status: in_force

If any person, because of minority, mental defect, death, or other legal disability, cannot exercise any right conferred on him or her by this chapter or discharge any duty imposed on him or her by it, that right may be exercised and that duty shall be discharged, by his or her father, mother, guardian, executor, or administrator, as the circumstances of the case require. Acts 1933, No. 130, § 13; Pope's Dig., §§ 8001, 10830; A.S.A. 1947, § 51-813.

If any person, because of minority, mental defect, death, or other legal disability, cannot exercise any right conferred on him or her by this chapter or discharge any duty imposed on him or her by it, that right may be exercised and that duty shall be discharged, by his or her father, mother, guardian, executor, or administrator, as the circumstances of the case require.

Acts 1933, No. 130, § 13; Pope's Dig., §§ 8001, 10830; A.S.A. 1947, § 51-813.
Ark. Code Ann. § 18-48-209 — AR Code / Title 18 / Chapter 48 / Subchapter 2 / Section 18-48-209
Time for enforcement of lien
Status: in_force

If the owners fail to pay the fixed charges provided for in the written contract, or otherwise breach their agreement, the person who has custody of the livestock may proceed to enforce his or her lien under this subchapter at any time after ten (10) days from the date when the payment became delinquent or when the contract was breached, but at no time later than one (1) year from the date of delinquency or of breach of contract. Acts 1957, No. 311, § 4; A.S.A. 1947, § 51-920.

If the owners fail to pay the fixed charges provided for in the written contract, or otherwise breach their agreement, the person who has custody of the livestock may proceed to enforce his or her lien under this subchapter at any time after ten (10) days from the date when the payment became delinquent or when the contract was breached, but at no time later than one (1) year from the date of delinquency or of breach of contract.

Acts 1957, No. 311, § 4; A.S.A. 1947, § 51-920.
Ark. Code Ann. § 18-16-101 — AR Code / Title 18 / Chapter 16 / Subchapter 1 / Section 18-16-101
Failure to pay rent - Refusal to vacate upon notice - Penalty
Status: in_force

(a) Any person who shall rent any dwelling house or other building or any land situated in the State of Arkansas and who shall refuse or fail to pay the rent therefor when due according to contract shall at once forfeit all right to longer occupy the dwelling house or other building or land. (b) (1) If, after ten (10) days' notice in writing shall have been given by the landlord or the landlord's agent or attorney to the tenant to vacate the dwelling house or other building or land, the tenant shall willfully refuse to vacate and surrender the possession of the premises to the landlord or the landlord's agent or attorney, the tenant shall be guilty of a misdemeanor. (2) (A) Upon conviction before any justice of the peace or other court of competent jurisdiction in the county where the premises are situated, the tenant shall be fined in any sum not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00) for each offense. (B) Each day the tenant shall willfully and unnecessarily hold the dwelling house or other building or land after the expiration of notice to vacate shall constitute a separate offense. Amended by Act 2017, No. 159,§ 2, eff. 8/1/2017. Acts 1901, No. 122, § 1, p. 193; C. & M. Dig., § 6569; Acts 1937, No. 129, § 1; Pope's Dig., § 8599; A.S.A. 1947, § 50-523; Acts 2001, No. 1733, § 1.

(a) Any person who shall rent any dwelling house or other building or any land situated in the State of Arkansas and who shall refuse or fail to pay the rent therefor when due according to contract shall at once forfeit all right to longer occupy the dwelling house or other building or land.

(b) (1) If, after ten (10) days' notice in writing shall have been given by the landlord or the landlord's agent or attorney to the tenant to vacate the dwelling house or other building or land, the tenant shall willfully refuse to vacate and surrender the possession of the premises to the landlord or the landlord's agent or attorney, the tenant shall be guilty of a misdemeanor. (2) (A) Upon conviction before any justice of the peace or other court of competent jurisdiction in the county where the premises are situated, the tenant shall be fined in any sum not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00) for each offense. (B) Each day the tenant shall willfully and unnecessarily hold the dwelling house or other building or land after the expiration of notice to vacate shall constitute a separate offense.

(1) If, after ten (10) days' notice in writing shall have been given by the landlord or the landlord's agent or attorney to the tenant to vacate the dwelling house or other building or land, the tenant shall willfully refuse to vacate and surrender the possession of the premises to the landlord or the landlord's agent or attorney, the tenant shall be guilty of a misdemeanor.

(2) (A) Upon conviction before any justice of the peace or other court of competent jurisdiction in the county where the premises are situated, the tenant shall be fined in any sum not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00) for each offense. (B) Each day the tenant shall willfully and unnecessarily hold the dwelling house or other building or land after the expiration of notice to vacate shall constitute a separate offense.

(A) Upon conviction before any justice of the peace or other court of competent jurisdiction in the county where the premises are situated, the tenant shall be fined in any sum not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00) for each offense.

(B) Each day the tenant shall willfully and unnecessarily hold the dwelling house or other building or land after the expiration of notice to vacate shall constitute a separate offense.

Amended by Act 2017, No. 159,§ 2, eff. 8/1/2017.

Acts 1901, No. 122, § 1, p. 193; C. & M. Dig., § 6569; Acts 1937, No. 129, § 1; Pope's Dig., § 8599; A.S.A. 1947, § 50-523; Acts 2001, No. 1733, § 1.
Ark. Code Ann. § 18-17-910 — AR Code / Title 18 / Chapter 17 / Subchapter 9 / Section 18-17-910
Bond required to stay eviction on appeal
Status: in_force

(a) An appeal in an eviction case will not stay eviction unless at the time of appealing the tenant shall give an appeal bond as in other civil cases for an amount to be fixed by the court and conditioned for the payment of all costs and damages that the landlord may sustain. (b) If the tenant fails to file the bond within five (5) days after service of the notice of appeal, the appeal shall be dismissed. Acts 2007, No. 1004, § 1.

(a) An appeal in an eviction case will not stay eviction unless at the time of appealing the tenant shall give an appeal bond as in other civil cases for an amount to be fixed by the court and conditioned for the payment of all costs and damages that the landlord may sustain.

(b) If the tenant fails to file the bond within five (5) days after service of the notice of appeal, the appeal shall be dismissed.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-17-909 — AR Code / Title 18 / Chapter 17 / Subchapter 9 / Section 18-17-909
Appeal
Status: in_force

Either party may appeal in an eviction case and the appeal shall be heard and determined as other appeals in civil cases. Acts 2007, No. 1004, § 1.

Either party may appeal in an eviction case and the appeal shall be heard and determined as other appeals in civil cases.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-28-208 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-208
Payment or delivery of abandoned property
Status: in_force

(a) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required by § 18-28-207 , the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the administrator the property described in the report as unclaimed, but if the property is an automatically renewable deposit, and a penalty or forfeiture in the payment of interest would result, the time for compliance is extended until a penalty or forfeiture would no longer result. Tangible property held in a safe deposit box or other safekeeping depository may not be delivered to the administrator until one hundred twenty (120) days after filing the report required by § 18-28-207 . (b) If the property reported to the administrator is a security or security entitlement under § 4-8-101 et seq. (UCC - Investment Securities), the administrator is an appropriate person to make an indorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with § 4-8-101 et seq. (UCC - Investment Securities). (c) If the holder of property reported to the administrator is the issuer of a certificated security, the administrator has the right to obtain a replacement certificate pursuant to § 4-8-405 , but an indemnity bond is not required. (d) An issuer, the holder, and any transfer agent or other person acting pursuant to the instructions of and on behalf of the issuer or holder in accordance with this section is not liable to the apparent owner and must be indemnified against claims of any person in accordance with § 18-28-210 . Acts 1999, No. 850, § 8.

(a) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required by § 18-28-207 , the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the administrator the property described in the report as unclaimed, but if the property is an automatically renewable deposit, and a penalty or forfeiture in the payment of interest would result, the time for compliance is extended until a penalty or forfeiture would no longer result. Tangible property held in a safe deposit box or other safekeeping depository may not be delivered to the administrator until one hundred twenty (120) days after filing the report required by § 18-28-207 .

(b) If the property reported to the administrator is a security or security entitlement under § 4-8-101 et seq. (UCC - Investment Securities), the administrator is an appropriate person to make an indorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with § 4-8-101 et seq. (UCC - Investment Securities).

(c) If the holder of property reported to the administrator is the issuer of a certificated security, the administrator has the right to obtain a replacement certificate pursuant to § 4-8-405 , but an indemnity bond is not required.

(d) An issuer, the holder, and any transfer agent or other person acting pursuant to the instructions of and on behalf of the issuer or holder in accordance with this section is not liable to the apparent owner and must be indemnified against claims of any person in accordance with § 18-28-210 .

Acts 1999, No. 850, § 8.
Ark. Code Ann. § 18-28-219 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-219
Periods of limitation
Status: in_force

(a) The expiration, before or after July 30, 1999, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the administrator as required by this subchapter. (b) An action or proceeding may not be maintained by the administrator to enforce this subchapter in regard to the reporting, delivery, or payment of property more than ten (10) years after the holder specifically identified the property in a report filed with the administrator or gave express notice to the administrator of a dispute regarding the property. In the absence of such a report or other express notice, the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent. Acts 1999, No. 850, § 19.

(a) The expiration, before or after July 30, 1999, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the administrator as required by this subchapter.

(b) An action or proceeding may not be maintained by the administrator to enforce this subchapter in regard to the reporting, delivery, or payment of property more than ten (10) years after the holder specifically identified the property in a report filed with the administrator or gave express notice to the administrator of a dispute regarding the property. In the absence of such a report or other express notice, the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent.

Acts 1999, No. 850, § 19.
Ark. Code Ann. § 18-46-116 — AR Code / Title 18 / Chapter 46 / Section 18-46-116
Receipt and payment of money by court
Status: in_force

(a) Any court having jurisdiction in an action by a patient injured through the fault or neglect of another person against the person whose fault or neglect caused the injury or against an insurer obligated by reason of that injury, and if an action has not been begun, then any court having authority to entertain an action under the circumstances stated in this subsection, if and when an action is brought, on petition or other procedure conformable to the rules of practice of the court, by the tortfeasor or by the insurer who has been notified of a claim of lien under the provisions of this chapter, may receive and impound: (1) The amount claimed by any practitioner, nurse, hospital, or ambulance service provider under the lien; or (2) If no amount is named in the notice of the claim of lien that has been served, then the entire amount claimed by the patient from the tortfeasor or from the insurer or any less amount that the court deems sufficient to pay the amount claimed under the claims of lien or liens as have been served. (b) The court may pay or distribute the money in accordance with that petition, motion, or judgment and pay any remaining balance to the person by whom the money was deposited: (1) On joint motion or petition of the patient and the practitioner or practitioners, nurse or nurses, hospital or hospitals, and ambulance service provider or providers claiming interest in the money so paid into court; or (2) On judgment by any competent court. Acts 1933, No. 130, § 6; Pope's Dig., §§ 7994, 10823; A.S.A. 1947, § 51-806; Acts 1993, No. 271, § 14.

(a) Any court having jurisdiction in an action by a patient injured through the fault or neglect of another person against the person whose fault or neglect caused the injury or against an insurer obligated by reason of that injury, and if an action has not been begun, then any court having authority to entertain an action under the circumstances stated in this subsection, if and when an action is brought, on petition or other procedure conformable to the rules of practice of the court, by the tortfeasor or by the insurer who has been notified of a claim of lien under the provisions of this chapter, may receive and impound: (1) The amount claimed by any practitioner, nurse, hospital, or ambulance service provider under the lien; or (2) If no amount is named in the notice of the claim of lien that has been served, then the entire amount claimed by the patient from the tortfeasor or from the insurer or any less amount that the court deems sufficient to pay the amount claimed under the claims of lien or liens as have been served.

(1) The amount claimed by any practitioner, nurse, hospital, or ambulance service provider under the lien; or

(2) If no amount is named in the notice of the claim of lien that has been served, then the entire amount claimed by the patient from the tortfeasor or from the insurer or any less amount that the court deems sufficient to pay the amount claimed under the claims of lien or liens as have been served.

(b) The court may pay or distribute the money in accordance with that petition, motion, or judgment and pay any remaining balance to the person by whom the money was deposited: (1) On joint motion or petition of the patient and the practitioner or practitioners, nurse or nurses, hospital or hospitals, and ambulance service provider or providers claiming interest in the money so paid into court; or (2) On judgment by any competent court.

(1) On joint motion or petition of the patient and the practitioner or practitioners, nurse or nurses, hospital or hospitals, and ambulance service provider or providers claiming interest in the money so paid into court; or

(2) On judgment by any competent court.

Acts 1933, No. 130, § 6; Pope's Dig., §§ 7994, 10823; A.S.A. 1947, § 51-806; Acts 1993, No. 271, § 14.
Ark. Code Ann. § 18-14-304 — AR Code / Title 18 / Chapter 14 / Subchapter 3 / Section 18-14-304
Developer control period
Status: in_force

(a) The time-share instruments for a time-share estate plan may provide for a length of time, known as the "developer control period", during which the developer, or a managing agent selected by the developer, may manage the time-share plan and the accommodations in the time-share plan. (b) If the time-share instruments for a time-share estate plan provide for the establishment of a developer control period, the procedure shall ordinarily include: (1) Termination of the developer control period by action of the association or by operation of the time-share instruments; (2) Termination of contracts for goods and services for the time-share plan or for accommodations in the time-share plan during the developer control period; and (3) A regular accounting by the developer to the association concerning matters that significantly affect the interests of owners in the time-share plan. Amended by Act 2013, No. 710,§ 3, eff. 8/16/2013. Acts 1983, No. 294, Art. 2, § 2-104; A.S.A. 1947, § 50-1311.

(a) The time-share instruments for a time-share estate plan may provide for a length of time, known as the "developer control period", during which the developer, or a managing agent selected by the developer, may manage the time-share plan and the accommodations in the time-share plan.

(b) If the time-share instruments for a time-share estate plan provide for the establishment of a developer control period, the procedure shall ordinarily include: (1) Termination of the developer control period by action of the association or by operation of the time-share instruments; (2) Termination of contracts for goods and services for the time-share plan or for accommodations in the time-share plan during the developer control period; and (3) A regular accounting by the developer to the association concerning matters that significantly affect the interests of owners in the time-share plan.

(1) Termination of the developer control period by action of the association or by operation of the time-share instruments;

(2) Termination of contracts for goods and services for the time-share plan or for accommodations in the time-share plan during the developer control period; and

(3) A regular accounting by the developer to the association concerning matters that significantly affect the interests of owners in the time-share plan.

Amended by Act 2013, No. 710,§ 3, eff. 8/16/2013.

Acts 1983, No. 294, Art. 2, § 2-104; A.S.A. 1947, § 50-1311.
Ark. Code Ann. § 18-60-902 — AR Code / Title 18 / Chapter 60 / Subchapter 9 / Section 18-60-902
Notice
Status: in_force

(a) Upon receipt of the petition, the county clerk shall promptly give notice by publication at least one (1) time a week for at least two (2) consecutive weeks in some newspaper having a general circulation within the county. (b) (1) The notice shall state that the petition has been filed and that on a certain day named in the notice the county court will hear all persons desiring to be heard on the question of whether the public utility easement should be vacated. (2) The notice shall give the names of property owners signing the petition and shall clearly describe the easement. (c) If the easement is in favor of a specific utility, the owners of the realty must give actual notice to that utility as a condition precedent to vacating the easement. Acts 1987, No. 494, § 2.

(a) Upon receipt of the petition, the county clerk shall promptly give notice by publication at least one (1) time a week for at least two (2) consecutive weeks in some newspaper having a general circulation within the county.

(b) (1) The notice shall state that the petition has been filed and that on a certain day named in the notice the county court will hear all persons desiring to be heard on the question of whether the public utility easement should be vacated. (2) The notice shall give the names of property owners signing the petition and shall clearly describe the easement.

(1) The notice shall state that the petition has been filed and that on a certain day named in the notice the county court will hear all persons desiring to be heard on the question of whether the public utility easement should be vacated.

(2) The notice shall give the names of property owners signing the petition and shall clearly describe the easement.

(c) If the easement is in favor of a specific utility, the owners of the realty must give actual notice to that utility as a condition precedent to vacating the easement.

Acts 1987, No. 494, § 2.
Ark. Code Ann. § 18-14-105 — AR Code / Title 18 / Chapter 14 / Subchapter 1 / Section 18-14-105
Regulatory discrimination prohibited
Status: in_force

A zoning, subdivision, or other ordinance or regulation shall not discriminate against the establishment of time-share interests or impose a requirement upon a time-share plan that it would not impose upon a similar development under a different form of ownership. Amended by Act 2013, No. 710,§ 1, eff. 8/16/2013. Acts 1983, No. 294, Art. 1, § 1-106; A.S.A. 1947, § 50-1306.

A zoning, subdivision, or other ordinance or regulation shall not discriminate against the establishment of time-share interests or impose a requirement upon a time-share plan that it would not impose upon a similar development under a different form of ownership.

Amended by Act 2013, No. 710,§ 1, eff. 8/16/2013.

Acts 1983, No. 294, Art. 1, § 1-106; A.S.A. 1947, § 50-1306.
Ark. Code Ann. § 18-48-709 — AR Code / Title 18 / Chapter 48 / Subchapter 7 / Section 18-48-709
Applicability of subchapter
Status: in_force

The provisions of this subchapter shall be applicable only in those situations in which the rental agreement is between a marina operator and the occupant. Acts 1997, No. 903, § 9.

The provisions of this subchapter shall be applicable only in those situations in which the rental agreement is between a marina operator and the occupant.

Acts 1997, No. 903, § 9.
Ark. Code Ann. § 18-12-701 — AR Code / Title 18 / Chapter 12 / Subchapter 7 / Section 18-12-701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Disbursement of Funds as Part of Real Estate Closing and Settlement Services Act". Acts 1991, No. 1110, § 1.

This subchapter shall be known and may be cited as the "Disbursement of Funds as Part of Real Estate Closing and Settlement Services Act".

Acts 1991, No. 1110, § 1.
Ark. Code Ann. § 18-44-106 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-106
"Owner" defined
Status: in_force

As used in this subchapter, the "owner" of property shall include the owner of the legal title to property and any person, including all cestui que trust, for whose immediate use, enjoyment, or benefit a building, erection, or other improvement is made. Acts 1895, No. 146, § 22, p. 217; C. & M. Dig., § 6933; Pope's Dig., § 8895; A.S.A. 1947, § 51-623; Acts 2009, No. 454, § 1.

As used in this subchapter, the "owner" of property shall include the owner of the legal title to property and any person, including all cestui que trust, for whose immediate use, enjoyment, or benefit a building, erection, or other improvement is made.

Acts 1895, No. 146, § 22, p. 217; C. & M. Dig., § 6933; Pope's Dig., § 8895; A.S.A. 1947, § 51-623; Acts 2009, No. 454, § 1.
Ark. Code Ann. § 18-49-104 — AR Code / Title 18 / Chapter 49 / Section 18-49-104
Sale of property under court order and publication of notice of sales
Status: in_force

(a) (1) Sales of personal property made by order of the court shall be on a credit of three (3) months. (2) Sales of real property made by court order shall be on a credit of not less than three (3) months nor more than six (6) months, or on installments equivalent to not more than four (4) months' credit on the whole, to be determined by the court. (b) (1) In all sales on credit, the purchaser shall execute a bond, with good surety, to be approved by the person making the sale, and the bond shall have the force of a judgment. (2) In sales of real property, a lien shall be retained on the property for its price. (c) (1) The mortgagee, trustee, or vendor shall publish a notice of the sale in a newspaper published and having a general circulation in the county in which the property is situated or, if this is not available, then in a newspaper of general statewide daily publication one (1) time. (2) The publication shall be at least ten (10) days prior to the sale. Civil Code, § 407; C. & M. Dig., § 6243; Pope's Dig., §§ 8199, 9477; A.S.A. 1947, § 51-1109; Acts 1997, No. 1190, § 1.

(a) (1) Sales of personal property made by order of the court shall be on a credit of three (3) months. (2) Sales of real property made by court order shall be on a credit of not less than three (3) months nor more than six (6) months, or on installments equivalent to not more than four (4) months' credit on the whole, to be determined by the court.

(1) Sales of personal property made by order of the court shall be on a credit of three (3) months.

(2) Sales of real property made by court order shall be on a credit of not less than three (3) months nor more than six (6) months, or on installments equivalent to not more than four (4) months' credit on the whole, to be determined by the court.

(b) (1) In all sales on credit, the purchaser shall execute a bond, with good surety, to be approved by the person making the sale, and the bond shall have the force of a judgment. (2) In sales of real property, a lien shall be retained on the property for its price.

(1) In all sales on credit, the purchaser shall execute a bond, with good surety, to be approved by the person making the sale, and the bond shall have the force of a judgment.

(2) In sales of real property, a lien shall be retained on the property for its price.

(c) (1) The mortgagee, trustee, or vendor shall publish a notice of the sale in a newspaper published and having a general circulation in the county in which the property is situated or, if this is not available, then in a newspaper of general statewide daily publication one (1) time. (2) The publication shall be at least ten (10) days prior to the sale.

(1) The mortgagee, trustee, or vendor shall publish a notice of the sale in a newspaper published and having a general circulation in the county in which the property is situated or, if this is not available, then in a newspaper of general statewide daily publication one (1) time.

(2) The publication shall be at least ten (10) days prior to the sale.

Civil Code, § 407; C. & M. Dig., § 6243; Pope's Dig., §§ 8199, 9477; A.S.A. 1947, § 51-1109; Acts 1997, No. 1190, § 1.
Ark. Code Ann. § 18-48-208 — AR Code / Title 18 / Chapter 48 / Subchapter 2 / Section 18-48-208
Delivery of animals as waiver of lien - Exception
Status: in_force

(a) The voluntary delivery to the owners or lienholders of all livestock tended by a person tending them under this subchapter shall be held to waive or abandon the lien. (b) However, the holder of the lien under this subchapter may allow the owners of the livestock, or lienholders, to transport them to market for sale in the joint names of the holder of the lien and of the owners of the livestock, or of the lienholders, and in that event the lien provided in this subchapter shall not be waived or abandoned. Acts 1957, No. 311, § 9; A.S.A. 1947, § 51-925.

(a) The voluntary delivery to the owners or lienholders of all livestock tended by a person tending them under this subchapter shall be held to waive or abandon the lien.

(b) However, the holder of the lien under this subchapter may allow the owners of the livestock, or lienholders, to transport them to market for sale in the joint names of the holder of the lien and of the owners of the livestock, or of the lienholders, and in that event the lien provided in this subchapter shall not be waived or abandoned.

Acts 1957, No. 311, § 9; A.S.A. 1947, § 51-925.
Ark. Code Ann. § 18-48-305 — AR Code / Title 18 / Chapter 48 / Subchapter 3 / Section 18-48-305
Judgment
Status: in_force

(a) If, upon trial, judgment is rendered for the plaintiff, the court shall order a sale of the animal or animals as on execution sales to pay the judgment and costs. (b) If bond is given for the retention of the animal or animals, the court shall render judgment on the bond against the sureties for the amount of the plaintiff's debt and cost. Acts 1909, No. 252, § 4, p. 756; C. & M. Dig., § 6940; Pope's Dig., § 8902; A.S.A. 1947, § 51-908.

(a) If, upon trial, judgment is rendered for the plaintiff, the court shall order a sale of the animal or animals as on execution sales to pay the judgment and costs.

(b) If bond is given for the retention of the animal or animals, the court shall render judgment on the bond against the sureties for the amount of the plaintiff's debt and cost.

Acts 1909, No. 252, § 4, p. 756; C. & M. Dig., § 6940; Pope's Dig., § 8902; A.S.A. 1947, § 51-908.
Ark. Code Ann. § 18-60-1003 — AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1003
Applicability - Relation to other law
Status: in_force

(a) This subchapter applies to partition actions filed on or after January 1, 2016. (b) In an action to partition real property under § 18-60-401 et seq., the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this subchapter unless all of the cotenants otherwise agree in a record. (c) This subchapter supplements § 18-60-401 et seq. and, if an action is governed by this subchapter, replaces provisions of § 18-60-401 et seq. that are inconsistent with this subchapter. Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

(a) This subchapter applies to partition actions filed on or after January 1, 2016.

(b) In an action to partition real property under § 18-60-401 et seq., the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this subchapter unless all of the cotenants otherwise agree in a record.

(c) This subchapter supplements § 18-60-401 et seq. and, if an action is governed by this subchapter, replaces provisions of § 18-60-401 et seq. that are inconsistent with this subchapter.

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 18-15-511 — AR Code / Title 18 / Chapter 15 / Subchapter 5 / Section 18-15-511
Declaration of public interest
Status: in_force

The business of generating electricity, transmitting electricity, distributing electricity, or supplying electricity to or for the public for compensation or for public use is declared to be in the public interest. Acts 2001, No. 1291, § 9.

The business of generating electricity, transmitting electricity, distributing electricity, or supplying electricity to or for the public for compensation or for public use is declared to be in the public interest.

Acts 2001, No. 1291, § 9.
Ark. Code Ann. § 18-44-116 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-116
Service on nonresident or absconder
Status: in_force

(a) (1) Whenever property is sought to be charged with a lien under this subchapter, the notice may be filed with the recorder of deeds of the county in which the property is situated if the owner of the property so sought to be charged: (A) Is not a resident of this state; (B) Does not have an agent in the county in which the property is situated; (C) Is a resident of this state but not of the county in which the property is situated; or (D) Conceals himself or herself, has absconded, or absents himself or herself from his or her usual place of abode, so that the notice required by § 18-44-114 or § 18-44-115 cannot be served upon him or her. (2) When filed, the notice shall have like effect as if served upon the owner or his or her agent in the manner contemplated in § 18-44-114 or § 18-44-115 . (b) A copy of the notice so filed, together with the certificate of the recorder of deeds that it is a correct copy of the notice so filed, shall be received in all courts of this state as evidence of the service, as provided in this section, of the notice. (c) (1) The recorder of deeds in each county of this state shall receive, file, and keep every such notice presented to him or her for filing and shall further record it at length in a separate book appropriately entitled. (2) For service so performed, the recorder of deeds shall receive for each notice, the sum of twenty-five cents (25¢), and for each copy certified, as stated in this section, of each of the notices he or she shall receive the sum of fifty cents (50¢), to be paid by the party so filing or procuring the certified copy, as the case may be. (d) The costs of filing and of one (1) certified copy shall be taxed as costs in any lien suit to which it pertains to abide the result of the suit. Acts 1895, No. 146, § 7, p. 217; C. & M. Dig., § 6918; Pope's Dig., § 8877; A.S.A. 1947, § 51-609; Acts 2009, No. 454, § 3.

(a) (1) Whenever property is sought to be charged with a lien under this subchapter, the notice may be filed with the recorder of deeds of the county in which the property is situated if the owner of the property so sought to be charged: (A) Is not a resident of this state; (B) Does not have an agent in the county in which the property is situated; (C) Is a resident of this state but not of the county in which the property is situated; or (D) Conceals himself or herself, has absconded, or absents himself or herself from his or her usual place of abode, so that the notice required by § 18-44-114 or § 18-44-115 cannot be served upon him or her. (2) When filed, the notice shall have like effect as if served upon the owner or his or her agent in the manner contemplated in § 18-44-114 or § 18-44-115 .

(1) Whenever property is sought to be charged with a lien under this subchapter, the notice may be filed with the recorder of deeds of the county in which the property is situated if the owner of the property so sought to be charged: (A) Is not a resident of this state; (B) Does not have an agent in the county in which the property is situated; (C) Is a resident of this state but not of the county in which the property is situated; or (D) Conceals himself or herself, has absconded, or absents himself or herself from his or her usual place of abode, so that the notice required by § 18-44-114 or § 18-44-115 cannot be served upon him or her.

(A) Is not a resident of this state;

(B) Does not have an agent in the county in which the property is situated;

(C) Is a resident of this state but not of the county in which the property is situated; or

(D) Conceals himself or herself, has absconded, or absents himself or herself from his or her usual place of abode, so that the notice required by § 18-44-114 or § 18-44-115 cannot be served upon him or her.

(2) When filed, the notice shall have like effect as if served upon the owner or his or her agent in the manner contemplated in § 18-44-114 or § 18-44-115 .

(b) A copy of the notice so filed, together with the certificate of the recorder of deeds that it is a correct copy of the notice so filed, shall be received in all courts of this state as evidence of the service, as provided in this section, of the notice.

(c) (1) The recorder of deeds in each county of this state shall receive, file, and keep every such notice presented to him or her for filing and shall further record it at length in a separate book appropriately entitled. (2) For service so performed, the recorder of deeds shall receive for each notice, the sum of twenty-five cents (25¢), and for each copy certified, as stated in this section, of each of the notices he or she shall receive the sum of fifty cents (50¢), to be paid by the party so filing or procuring the certified copy, as the case may be.

(1) The recorder of deeds in each county of this state shall receive, file, and keep every such notice presented to him or her for filing and shall further record it at length in a separate book appropriately entitled.

(2) For service so performed, the recorder of deeds shall receive for each notice, the sum of twenty-five cents (25¢), and for each copy certified, as stated in this section, of each of the notices he or she shall receive the sum of fifty cents (50¢), to be paid by the party so filing or procuring the certified copy, as the case may be.

(d) The costs of filing and of one (1) certified copy shall be taxed as costs in any lien suit to which it pertains to abide the result of the suit.

Acts 1895, No. 146, § 7, p. 217; C. & M. Dig., § 6918; Pope's Dig., § 8877; A.S.A. 1947, § 51-609; Acts 2009, No. 454, § 3.
Ark. Code Ann. § 18-48-701 — AR Code / Title 18 / Chapter 48 / Subchapter 7 / Section 18-48-701
Definitions
Status: in_force

As used in this subchapter: (1) "Default" means the failure to perform on time any obligation or duty set forth in the rental agreement; (2) "Last known address" means that address provided by the occupant in the rental agreement or the address provided by the occupant in a subsequent written notice of a change in address; (3) "Leased space" means the individual boat slip at the marina facility which is rented to an occupant pursuant to a rental agreement; (4) "Marina facility" means any property used for renting or leasing individual spaces in which the occupants themselves customarily store and remove their own boats or marina equipment on a self-service basis; (5) "Marina operator" means the owner, operator, lessor, or sublessor of a marina facility and agent or any other person authorized to manage the facility; (6) "Net proceeds", as used in § 18-48-706 , means the proceeds from the sale authorized after deduction for expenses incurred by the marina operator to exercise its rights under this subchapter, including, but not limited to, attorney's fees, auctioneers' fees, postage, and publication costs, together with the debt owed by the operator and charges directly related to preserving, assembling, advertising, and selling under this subchapter; (7) "Occupant" means a person or entity entitled to the use of a leased space at a marina facility under a rental agreement between the person and the marina operator; (8) (A) "Personal property" means movable property not affixed to the land. (B) "Personal property" includes, but is not limited to, watercraft, equipment, and goods; and (9) "Rental agreement" means any written agreement between a marina operator and an occupant that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a marina rental space. Acts 1997, No. 903, § 1.

As used in this subchapter:

(1) "Default" means the failure to perform on time any obligation or duty set forth in the rental agreement;

(2) "Last known address" means that address provided by the occupant in the rental agreement or the address provided by the occupant in a subsequent written notice of a change in address;

(3) "Leased space" means the individual boat slip at the marina facility which is rented to an occupant pursuant to a rental agreement;

(4) "Marina facility" means any property used for renting or leasing individual spaces in which the occupants themselves customarily store and remove their own boats or marina equipment on a self-service basis;

(5) "Marina operator" means the owner, operator, lessor, or sublessor of a marina facility and agent or any other person authorized to manage the facility;

(6) "Net proceeds", as used in § 18-48-706 , means the proceeds from the sale authorized after deduction for expenses incurred by the marina operator to exercise its rights under this subchapter, including, but not limited to, attorney's fees, auctioneers' fees, postage, and publication costs, together with the debt owed by the operator and charges directly related to preserving, assembling, advertising, and selling under this subchapter;

(7) "Occupant" means a person or entity entitled to the use of a leased space at a marina facility under a rental agreement between the person and the marina operator;

(8) (A) "Personal property" means movable property not affixed to the land. (B) "Personal property" includes, but is not limited to, watercraft, equipment, and goods; and

(A) "Personal property" means movable property not affixed to the land.

(B) "Personal property" includes, but is not limited to, watercraft, equipment, and goods; and

(9) "Rental agreement" means any written agreement between a marina operator and an occupant that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a marina rental space.

Acts 1997, No. 903, § 1.
Ark. Code Ann. § 18-12-103 — AR Code / Title 18 / Chapter 12 / Subchapter 1 / Section 18-12-103
Restrictive covenants - Definition
Status: in_force

(a) As used in this section, "restrictive covenant" means a restriction on the use or development of real property regardless of whether the restriction is created by a covenant in a deed or bill of assurance, or by any other instrument. (b) An instrument creating a restrictive covenant is not effective to restrict the use or development of real property unless the instrument purporting to restrict the use or development of the real property is executed by the owners of the real property and recorded in the office of the recorder of the county in which the property is located. (c) If the instrument creating a restrictive covenant contains separate sections stating the duration of the covenant and the requirements for amending the covenant, the section or sections stating the duration of the covenant shall be read independently of the section or sections stating the requirements for amending the covenant so that the duration of the covenant does not limit the ability to amend a restrictive covenant at any time. Acts 1965, No. 395, § 1; A.S.A. 1947, § 50-427; Acts 2011, No. 185, § 2.

(a) As used in this section, "restrictive covenant" means a restriction on the use or development of real property regardless of whether the restriction is created by a covenant in a deed or bill of assurance, or by any other instrument.

(b) An instrument creating a restrictive covenant is not effective to restrict the use or development of real property unless the instrument purporting to restrict the use or development of the real property is executed by the owners of the real property and recorded in the office of the recorder of the county in which the property is located.

(c) If the instrument creating a restrictive covenant contains separate sections stating the duration of the covenant and the requirements for amending the covenant, the section or sections stating the duration of the covenant shall be read independently of the section or sections stating the requirements for amending the covenant so that the duration of the covenant does not limit the ability to amend a restrictive covenant at any time.

Acts 1965, No. 395, § 1; A.S.A. 1947, § 50-427; Acts 2011, No. 185, § 2.
Ark. Code Ann. § 18-45-405 — AR Code / Title 18 / Chapter 45 / Subchapter 4 / Section 18-45-405
Filing and enforcing when lienholder not in possession
Status: in_force

(a) (1) If the lienholder has voluntarily parted with possession of any property upon which he or she has a lien under the provisions of this subchapter, he or she may still avail himself or herself of the lien within ninety (90) days after the work or labor is done or performed, or materials furnished. (2) This may be done by filing, with the clerk of the circuit court of the county in which the debtor resides, a just and true itemized account for the demand due after allowing all credits and containing a description of the property to be charged with the lien, verified by the affidavit of the lienholder. (b) (1) The clerk of the circuit court shall file the account and make an abstract of it in the book of minutes or mortgages and deeds of trust of personal property. (2) For this the clerk shall charge a fee of twenty-five cents (25¢) to be paid by the person filing the account and the fee shall be a part of the costs of the enforcement of the lien. (c) Liens as provided by this section may be enforced at any time within four (4) months after the accounts are filed, by suits in the circuit courts of the county. The cause shall proceed to judgment and final disposition as other matters of equitable cognizance and jurisdiction. Acts 1939, No. 98, § 5; A.S.A. 1947, § 51-421.

(a) (1) If the lienholder has voluntarily parted with possession of any property upon which he or she has a lien under the provisions of this subchapter, he or she may still avail himself or herself of the lien within ninety (90) days after the work or labor is done or performed, or materials furnished. (2) This may be done by filing, with the clerk of the circuit court of the county in which the debtor resides, a just and true itemized account for the demand due after allowing all credits and containing a description of the property to be charged with the lien, verified by the affidavit of the lienholder.

(1) If the lienholder has voluntarily parted with possession of any property upon which he or she has a lien under the provisions of this subchapter, he or she may still avail himself or herself of the lien within ninety (90) days after the work or labor is done or performed, or materials furnished.

(2) This may be done by filing, with the clerk of the circuit court of the county in which the debtor resides, a just and true itemized account for the demand due after allowing all credits and containing a description of the property to be charged with the lien, verified by the affidavit of the lienholder.

(b) (1) The clerk of the circuit court shall file the account and make an abstract of it in the book of minutes or mortgages and deeds of trust of personal property. (2) For this the clerk shall charge a fee of twenty-five cents (25¢) to be paid by the person filing the account and the fee shall be a part of the costs of the enforcement of the lien.

(1) The clerk of the circuit court shall file the account and make an abstract of it in the book of minutes or mortgages and deeds of trust of personal property.

(2) For this the clerk shall charge a fee of twenty-five cents (25¢) to be paid by the person filing the account and the fee shall be a part of the costs of the enforcement of the lien.

(c) Liens as provided by this section may be enforced at any time within four (4) months after the accounts are filed, by suits in the circuit courts of the county. The cause shall proceed to judgment and final disposition as other matters of equitable cognizance and jurisdiction.

Acts 1939, No. 98, § 5; A.S.A. 1947, § 51-421.
Ark. Code Ann. § 18-28-230 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-230
Periods of limitation not a bar
Status: in_force

Any statute of limitations that would vest the ownership of property subject to this subchapter in a holder of said property before expiration of a period of presumed abandonment is tolled until a demand is made by a party entitled to possession. Acts 1979, No. 256, § 15; 1985, No. 780, § 7; A.S.A. 1947, § 50-634; Acts 1997, No. 104, § 1.

Any statute of limitations that would vest the ownership of property subject to this subchapter in a holder of said property before expiration of a period of presumed abandonment is tolled until a demand is made by a party entitled to possession.

Acts 1979, No. 256, § 15; 1985, No. 780, § 7; A.S.A. 1947, § 50-634; Acts 1997, No. 104, § 1.
Ark. Code Ann. § 18-11-803 — AR Code / Title 18 / Chapter 11 / Subchapter 8 / Section 18-11-803
Limitations on owning agricultural land - Violation
Status: in_force

(a) (1) Except as provided in § 18-11-804 , a prohibited foreign party shall not acquire by grant, purchase, devise, descent, or otherwise any interest in agricultural land in this state regardless of whether the prohibited foreign party intends to use the agricultural land for nonfarming purposes. (2) A party may not hold agricultural land as an agent, trustee, or other fiduciary for a prohibited foreign party in violation of this subchapter. (b) A prohibited foreign party that acquires agricultural land in violation of this subchapter remains in violation as long as the prohibited foreign party holds an interest in the agricultural land. Added by Act 2023, No. 636,§ 3, eff. 8/1/2023.

(a) (1) Except as provided in § 18-11-804 , a prohibited foreign party shall not acquire by grant, purchase, devise, descent, or otherwise any interest in agricultural land in this state regardless of whether the prohibited foreign party intends to use the agricultural land for nonfarming purposes. (2) A party may not hold agricultural land as an agent, trustee, or other fiduciary for a prohibited foreign party in violation of this subchapter.

(1) Except as provided in § 18-11-804 , a prohibited foreign party shall not acquire by grant, purchase, devise, descent, or otherwise any interest in agricultural land in this state regardless of whether the prohibited foreign party intends to use the agricultural land for nonfarming purposes.

(2) A party may not hold agricultural land as an agent, trustee, or other fiduciary for a prohibited foreign party in violation of this subchapter.

(b) A prohibited foreign party that acquires agricultural land in violation of this subchapter remains in violation as long as the prohibited foreign party holds an interest in the agricultural land.

Added by Act 2023, No. 636,§ 3, eff. 8/1/2023.
Ark. Code Ann. § 18-11-103 — AR Code / Title 18 / Chapter 11 / Subchapter 1 / Section 18-11-103
Payment of taxes on wild and unimproved land - Presumption of color of title
Status: in_force

Payment of taxes on wild and unimproved land in this state by any person or his or her predecessor in title for a period of fifteen (15) consecutive years shall create a presumption of law that the person, or his or her predecessor in title, held color of title to the land prior to the first payment of taxes made as stated and that all the payments were made under color of title. Acts 1929, No. 199, § 1; Pope's Dig., §§ 8921, 13601; A.S.A. 1947, § 37-103.

Payment of taxes on wild and unimproved land in this state by any person or his or her predecessor in title for a period of fifteen (15) consecutive years shall create a presumption of law that the person, or his or her predecessor in title, held color of title to the land prior to the first payment of taxes made as stated and that all the payments were made under color of title.

Acts 1929, No. 199, § 1; Pope's Dig., §§ 8921, 13601; A.S.A. 1947, § 37-103.
Ark. Code Ann. § 18-12-201 — AR Code / Title 18 / Chapter 12 / Subchapter 2 / Section 18-12-201
Proof or acknowledgment as prerequisite to recording real estate conveyances
Status: in_force

All deeds and other instruments in writing for the conveyance of any real estate, or by which any real estate may be affected in law or equity, shall be proven or duly acknowledged in conformity with the provisions of this act before they or any of them shall be admitted to record. Rev. Stat., ch. 31, § 22; C. & M. Dig., § 1525; Pope's Dig., § 1835; A.S.A. 1947, § 49-211.

All deeds and other instruments in writing for the conveyance of any real estate, or by which any real estate may be affected in law or equity, shall be proven or duly acknowledged in conformity with the provisions of this act before they or any of them shall be admitted to record.

Rev. Stat., ch. 31, § 22; C. & M. Dig., § 1525; Pope's Dig., § 1835; A.S.A. 1947, § 49-211.
Ark. Code Ann. § 18-43-118 — AR Code / Title 18 / Chapter 43 / Section 18-43-118
Lien on crops
Status: in_force

(a) Every person who harvests agricultural crops belonging to another shall be entitled to a lien against those crops for payment of the cost of harvesting. (b) Every person who sprays fertilizer, pesticides, or herbicides as a custom applicator on the agricultural crops or lands belonging to another shall be entitled to a lien for the payment of the custom application, and that lien shall be against those crops sprayed or the crops next harvested after the land is sprayed. (c) The lien provided for in this section shall be filed in the manner prescribed for materialmen's liens under § 18-44-117 . Acts 1995, No. 1273, § 1.

(a) Every person who harvests agricultural crops belonging to another shall be entitled to a lien against those crops for payment of the cost of harvesting.

(b) Every person who sprays fertilizer, pesticides, or herbicides as a custom applicator on the agricultural crops or lands belonging to another shall be entitled to a lien for the payment of the custom application, and that lien shall be against those crops sprayed or the crops next harvested after the land is sprayed.

(c) The lien provided for in this section shall be filed in the manner prescribed for materialmen's liens under § 18-44-117 .

Acts 1995, No. 1273, § 1.
Ark. Code Ann. § 18-43-110 — AR Code / Title 18 / Chapter 43 / Section 18-43-110
Jury trial
Status: in_force

Either plaintiff or defendant may, by requesting the court, have the case tried by a competent jury of six (6) persons. Acts 1868, No. 64, § 9, p. 224; C. & M. Dig., § 6854; Pope's Dig., § 8810; A.S.A. 1947, § 51-307.

Either plaintiff or defendant may, by requesting the court, have the case tried by a competent jury of six (6) persons.

Acts 1868, No. 64, § 9, p. 224; C. & M. Dig., § 6854; Pope's Dig., § 8810; A.S.A. 1947, § 51-307.
Ark. Code Ann. § 18-60-417 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-417
Deeds of partition
Status: in_force

On the confirmation of the report of the division of lands, the commissioners, or some commissioner appointed for the purpose, shall make a deed or deeds of partition, conveying to each party the land allotted to him or her in severalty, which shall be approved by the court and recorded as other deeds. Civil Code, § 546; C. & M. Dig., § 8109; Pope's Dig., § 10529; A.S.A. 1947, § 34-1823.

On the confirmation of the report of the division of lands, the commissioners, or some commissioner appointed for the purpose, shall make a deed or deeds of partition, conveying to each party the land allotted to him or her in severalty, which shall be approved by the court and recorded as other deeds.

Civil Code, § 546; C. & M. Dig., § 8109; Pope's Dig., § 10529; A.S.A. 1947, § 34-1823.
Ark. Code Ann. § 18-61-104 — AR Code / Title 18 / Chapter 61 / Section 18-61-104
Forcible entry and detainer - Unlawful detainer
Status: in_force

Three (3) years' peaceable and uninterrupted possession of the premises immediately preceding the filing of a complaint for forcible entry and detainer or unlawful detainer may be pleaded by any defendant in bar of the plaintiff's demand for possession. Acts 1875, No. 85, § 20, p. 196; C. & M. Dig., § 4858; Pope's Dig., § 6055; A.S.A. 1947, § 37-107.

Three (3) years' peaceable and uninterrupted possession of the premises immediately preceding the filing of a complaint for forcible entry and detainer or unlawful detainer may be pleaded by any defendant in bar of the plaintiff's demand for possession.

Acts 1875, No. 85, § 20, p. 196; C. & M. Dig., § 4858; Pope's Dig., § 6055; A.S.A. 1947, § 37-107.
Ark. Code Ann. § 18-60-408 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-408
Intervention
Status: in_force

Any person having an interest in the premises sought to be divided or sold, whether the interest is present or future, vested or contingent, though not made a party in the petition may appear and, on showing his or her interest by affidavit to the satisfaction of the court, be made a party to the suit for partition. Rev. Stat., ch. 107, § 9; C. & M. Dig., § 8093; Pope's Dig., § 10513; A.S.A. 1947, § 34-1809.

Any person having an interest in the premises sought to be divided or sold, whether the interest is present or future, vested or contingent, though not made a party in the petition may appear and, on showing his or her interest by affidavit to the satisfaction of the court, be made a party to the suit for partition.

Rev. Stat., ch. 107, § 9; C. & M. Dig., § 8093; Pope's Dig., § 10513; A.S.A. 1947, § 34-1809.
Ark. Code Ann. § 18-60-411 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-411
Entry of default
Status: in_force

If any of the parties duly notified by personal service or publication shall not appear and plead within the time allowed by the court for that purpose, the default shall be entered. The petitioners shall, nevertheless, make out their case by the exhibition to the court of the evidence of their title upon which they claim. Rev. Stat., ch. 107, § 13; C. & M. Dig., § 8096; Pope's Dig., § 10516; A.S.A. 1947, § 34-1812.

If any of the parties duly notified by personal service or publication shall not appear and plead within the time allowed by the court for that purpose, the default shall be entered. The petitioners shall, nevertheless, make out their case by the exhibition to the court of the evidence of their title upon which they claim.

Rev. Stat., ch. 107, § 13; C. & M. Dig., § 8096; Pope's Dig., § 10516; A.S.A. 1947, § 34-1812.
Ark. Code Ann. § 18-16-505 — AR Code / Title 18 / Chapter 16 / Subchapter 5 / Section 18-16-505
Summons - Notice
Status: in_force

Upon the filing of a complaint under this subchapter, the clerk of the court shall issue a summons upon the complaint. The summons shall be in customary form directed to the sheriff of the county where the complaint is filed, with direction for service of the complaint on the named defendants. In addition, the court shall issue and direct the sheriff to serve upon the named defendants a notice in the following form: Click here to view form. Acts 2009, No. 464, § 1.

Upon the filing of a complaint under this subchapter, the clerk of the court shall issue a summons upon the complaint. The summons shall be in customary form directed to the sheriff of the county where the complaint is filed, with direction for service of the complaint on the named defendants. In addition, the court shall issue and direct the sheriff to serve upon the named defendants a notice in the following form:

Click here to view form.

Acts 2009, No. 464, § 1.

16_505_1 - Attachment
Ark. Code Ann. § 18-12-601 — AR Code / Title 18 / Chapter 12 / Subchapter 6 / Section 18-12-601
After-acquired title
Status: in_force

If any person shall convey any real estate by deed purporting to convey it in fee simple absolute, or any less estate, and shall not at the time of the conveyance have the legal estate in the lands, but shall afterwards acquire it, then the legal or equitable estate afterwards acquired shall immediately pass to the grantee and the conveyance shall be as valid as if the legal or equitable estate had been in the grantor at the time of the conveyance. Rev. Stat., ch. 31, § 4; C. & M. Dig., § 1498; Pope's Dig., § 1798; A.S.A. 1947, § 50-404.

If any person shall convey any real estate by deed purporting to convey it in fee simple absolute, or any less estate, and shall not at the time of the conveyance have the legal estate in the lands, but shall afterwards acquire it, then the legal or equitable estate afterwards acquired shall immediately pass to the grantee and the conveyance shall be as valid as if the legal or equitable estate had been in the grantor at the time of the conveyance.

Rev. Stat., ch. 31, § 4; C. & M. Dig., § 1498; Pope's Dig., § 1798; A.S.A. 1947, § 50-404.
Ark. Code Ann. § 18-14-702 — AR Code / Title 18 / Chapter 14 / Subchapter 7 / Section 18-14-702
Camping site - Buyer's right to cancel
Status: in_force

(a) In addition to any other right to revoke an offer, the buyer has the absolute right to cancel a contract or offer for the purchase of a camping site under a time-share plan until midnight of the fifth calendar day after the day that the buyer signs an agreement, excluding Sundays and the holidays under § 1-5-101 . (b) Cancellation occurs if the buyer returns to the seller the notice of cancellation provided by the seller. (c) The notice of cancellation may be sent by registered mail. Amended by Act 2013, No. 710,§ 7, eff. 8/16/2013. Acts 1991, No. 619, § 2.

(a) In addition to any other right to revoke an offer, the buyer has the absolute right to cancel a contract or offer for the purchase of a camping site under a time-share plan until midnight of the fifth calendar day after the day that the buyer signs an agreement, excluding Sundays and the holidays under § 1-5-101 .

(b) Cancellation occurs if the buyer returns to the seller the notice of cancellation provided by the seller.

(c) The notice of cancellation may be sent by registered mail.

Amended by Act 2013, No. 710,§ 7, eff. 8/16/2013.

Acts 1991, No. 619, § 2.
Ark. Code Ann. § 18-50-112 — AR Code / Title 18 / Chapter 50 / Section 18-50-112
Deficiency judgment
Status: in_force

(a) (1) At any time within twelve (12) months after a sale under this chapter, a money judgment may be sought for the balance due upon the obligation for which a mortgage or deed of trust was given as security. (2) In such action, the plaintiff shall set forth in his or her complaint, and shall have the burden of proving, the entire amount of indebtedness which was secured by the mortgage or deed of trust, the amount for which the trust property was sold, and the fair market value of the trust property at the date of sale, together with interest from the date of sale, costs, and attorney's fees. (b) Judgment shall not exceed the lesser of the following: (1) The amount for which the indebtedness due at the date of sale, with interest from the date of sale, costs, and trustee's and attorney's fees, exceeds the fair market value of the trust property; or (2) The amount for which the indebtedness due at the date of sale, with interest from the date of sale, costs, and trustee's and attorney's fees, exceeds the amount for which the trust property was sold. Acts 1987, No. 53, § 12.

(a) (1) At any time within twelve (12) months after a sale under this chapter, a money judgment may be sought for the balance due upon the obligation for which a mortgage or deed of trust was given as security. (2) In such action, the plaintiff shall set forth in his or her complaint, and shall have the burden of proving, the entire amount of indebtedness which was secured by the mortgage or deed of trust, the amount for which the trust property was sold, and the fair market value of the trust property at the date of sale, together with interest from the date of sale, costs, and attorney's fees.

(1) At any time within twelve (12) months after a sale under this chapter, a money judgment may be sought for the balance due upon the obligation for which a mortgage or deed of trust was given as security.

(2) In such action, the plaintiff shall set forth in his or her complaint, and shall have the burden of proving, the entire amount of indebtedness which was secured by the mortgage or deed of trust, the amount for which the trust property was sold, and the fair market value of the trust property at the date of sale, together with interest from the date of sale, costs, and attorney's fees.

(b) Judgment shall not exceed the lesser of the following: (1) The amount for which the indebtedness due at the date of sale, with interest from the date of sale, costs, and trustee's and attorney's fees, exceeds the fair market value of the trust property; or (2) The amount for which the indebtedness due at the date of sale, with interest from the date of sale, costs, and trustee's and attorney's fees, exceeds the amount for which the trust property was sold.

(1) The amount for which the indebtedness due at the date of sale, with interest from the date of sale, costs, and trustee's and attorney's fees, exceeds the fair market value of the trust property; or

(2) The amount for which the indebtedness due at the date of sale, with interest from the date of sale, costs, and trustee's and attorney's fees, exceeds the amount for which the trust property was sold.

Acts 1987, No. 53, § 12.
Ark. Code Ann. § 18-15-1501 — AR Code / Title 18 / Chapter 15 / Subchapter 15 / Section 18-15-1501
Federal housing projects - Legislative declarations
Status: in_force

(a) It is declared that: (1) Unsanitary and unsafe dwelling accommodations exist in various areas of the state and that consequently many persons of low income are forced to reside in such dwelling accommodations; (2) These conditions cause an increase in, and spread of, disease and crime and constitute a menace to the health, safety, morals, and welfare of the citizens of the state and impair economic values; (3) The clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which private property may be acquired; and (4) It is in the public interest that work on the projects be instituted as soon as possible in order to relieve unemployment which now constitutes an emergency. (b) The necessity in the public interest for the provisions of this subchapter is declared as a matter of legislative determination. Acts 1935, No. 177, § 1; Pope's Dig., § 5083; A.S.A. 1947, § 35-1301.

(a) It is declared that: (1) Unsanitary and unsafe dwelling accommodations exist in various areas of the state and that consequently many persons of low income are forced to reside in such dwelling accommodations; (2) These conditions cause an increase in, and spread of, disease and crime and constitute a menace to the health, safety, morals, and welfare of the citizens of the state and impair economic values; (3) The clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which private property may be acquired; and (4) It is in the public interest that work on the projects be instituted as soon as possible in order to relieve unemployment which now constitutes an emergency.

(1) Unsanitary and unsafe dwelling accommodations exist in various areas of the state and that consequently many persons of low income are forced to reside in such dwelling accommodations;

(2) These conditions cause an increase in, and spread of, disease and crime and constitute a menace to the health, safety, morals, and welfare of the citizens of the state and impair economic values;

(3) The clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which private property may be acquired; and

(4) It is in the public interest that work on the projects be instituted as soon as possible in order to relieve unemployment which now constitutes an emergency.

(b) The necessity in the public interest for the provisions of this subchapter is declared as a matter of legislative determination.

Acts 1935, No. 177, § 1; Pope's Dig., § 5083; A.S.A. 1947, § 35-1301.
Ark. Code Ann. § 18-16-412 — AR Code / Title 18 / Chapter 16 / Subchapter 4 / Section 18-16-412
Disposal of personal information - Definition
Status: in_force

(a) (1) As used in this section, "personal information" means information relating to a client, a customer, or a person with whom the occupant does business that readily identifies that person or is closely associated with the person, including without limitation a person's: (A) Social Security number; (B) Credit or debit card information; (C) Bank account number; (D) Medical information; or (E) Passport information. (2) "Personal information" does not include information that readily identifies or is closely associated with the occupant of the leased self-service storage space. (b) If the operator has a reasonable belief that the leased self-service storage space contains personal information relating to clients, customers, or others with whom the occupant does business, the operator may, after an occupant is in default for a period of more than forty-five (45) days, inspect the contents of a leased self-service storage space to investigate for the presence of personal information without any liability to the occupant or any other person who claims an interest in the personal information. (c) The operator: (1) Shall not sell the personal information under § 18-16-406 ; and (2) Shall destroy the personal information. (d) An operator who complies with subsections (b) and (c) of this section is not liable to the occupant or any other person who claims an interest in the personal information. Added by Act 2017, No. 628,§ 1, eff. 8/1/2017.

(a) (1) As used in this section, "personal information" means information relating to a client, a customer, or a person with whom the occupant does business that readily identifies that person or is closely associated with the person, including without limitation a person's: (A) Social Security number; (B) Credit or debit card information; (C) Bank account number; (D) Medical information; or (E) Passport information. (2) "Personal information" does not include information that readily identifies or is closely associated with the occupant of the leased self-service storage space.

(1) As used in this section, "personal information" means information relating to a client, a customer, or a person with whom the occupant does business that readily identifies that person or is closely associated with the person, including without limitation a person's: (A) Social Security number; (B) Credit or debit card information; (C) Bank account number; (D) Medical information; or (E) Passport information.

(A) Social Security number;

(B) Credit or debit card information;

(C) Bank account number;

(D) Medical information; or

(E) Passport information.

(2) "Personal information" does not include information that readily identifies or is closely associated with the occupant of the leased self-service storage space.

(b) If the operator has a reasonable belief that the leased self-service storage space contains personal information relating to clients, customers, or others with whom the occupant does business, the operator may, after an occupant is in default for a period of more than forty-five (45) days, inspect the contents of a leased self-service storage space to investigate for the presence of personal information without any liability to the occupant or any other person who claims an interest in the personal information.

(c) The operator: (1) Shall not sell the personal information under § 18-16-406 ; and (2) Shall destroy the personal information.

(1) Shall not sell the personal information under § 18-16-406 ; and

(2) Shall destroy the personal information.

(d) An operator who complies with subsections (b) and (c) of this section is not liable to the occupant or any other person who claims an interest in the personal information.

Added by Act 2017, No. 628,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 18-48-303 — AR Code / Title 18 / Chapter 48 / Subchapter 3 / Section 18-48-303
Filing of claim - Summons
Status: in_force

(a) (1) At any time within twenty (20) months after the right of action accrues, the owner of the male animal may bring a civil action before a court having jurisdiction. (2) The petition shall be verified and set forth the amount of the claim, the cause of action, and a description of the animal upon which there is a lien. (b) The court shall issue summons as in other cases and embody in the summons a description of the animal and an order to the law enforcement officer to take the animal and her offspring, if there is offspring, and hold it or them subject to the order of the court. Amended by Act 2017, No. 757,§ 9, eff. 8/1/2017. Acts 1909, No. 252, § 2, p. 756; C. & M. Dig., § 6938; Pope's Dig., § 8900; A.S.A. 1947, § 51-906.

(a) (1) At any time within twenty (20) months after the right of action accrues, the owner of the male animal may bring a civil action before a court having jurisdiction. (2) The petition shall be verified and set forth the amount of the claim, the cause of action, and a description of the animal upon which there is a lien.

(1) At any time within twenty (20) months after the right of action accrues, the owner of the male animal may bring a civil action before a court having jurisdiction.

(2) The petition shall be verified and set forth the amount of the claim, the cause of action, and a description of the animal upon which there is a lien.

(b) The court shall issue summons as in other cases and embody in the summons a description of the animal and an order to the law enforcement officer to take the animal and her offspring, if there is offspring, and hold it or them subject to the order of the court.

Amended by Act 2017, No. 757,§ 9, eff. 8/1/2017.

Acts 1909, No. 252, § 2, p. 756; C. & M. Dig., § 6938; Pope's Dig., § 8900; A.S.A. 1947, § 51-906.
Ark. Code Ann. § 18-60-416 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-416
Court action on commissioners' report
Status: in_force

(a) Upon a report of the divisions by the commissioners appointed for that purpose being returned, the court may confirm or set aside the report or remand it to the commissioners for correction. (b) Upon good cause shown by either party, on the report being made and returned to the circuit court, it may be set aside by the court, who may appoint new commissioners, who shall proceed in like manner as directed in § 18-60-415 . The court shall not set aside a second report for the same cause for which the first report was set aside. (c) (1) If no cause is shown, the report shall be confirmed, and judgment shall thereupon be given that the partition be firm and effectual forever. (2) The judgment shall be binding and conclusive on all the parties to the proceedings, their representatives, and all other persons claiming under them by right derived after the commencement of the proceedings. Civil Code, § 545; Rev. Stat., ch. 107, §§ 20, 21; C. & M. Dig., §§ 8106-8108; Pope's Dig., §§ 10526-10528; A.S.A. 1947, §§ 34-1820 -- 34-1822.

(a) Upon a report of the divisions by the commissioners appointed for that purpose being returned, the court may confirm or set aside the report or remand it to the commissioners for correction.

(b) Upon good cause shown by either party, on the report being made and returned to the circuit court, it may be set aside by the court, who may appoint new commissioners, who shall proceed in like manner as directed in § 18-60-415 . The court shall not set aside a second report for the same cause for which the first report was set aside.

(c) (1) If no cause is shown, the report shall be confirmed, and judgment shall thereupon be given that the partition be firm and effectual forever. (2) The judgment shall be binding and conclusive on all the parties to the proceedings, their representatives, and all other persons claiming under them by right derived after the commencement of the proceedings.

(1) If no cause is shown, the report shall be confirmed, and judgment shall thereupon be given that the partition be firm and effectual forever.

(2) The judgment shall be binding and conclusive on all the parties to the proceedings, their representatives, and all other persons claiming under them by right derived after the commencement of the proceedings.

Civil Code, § 545; Rev. Stat., ch. 107, §§ 20, 21; C. & M. Dig., §§ 8106-8108; Pope's Dig., §§ 10526-10528; A.S.A. 1947, §§ 34-1820 -- 34-1822.
Ark. Code Ann. § 18-60-501 — AR Code / Title 18 / Chapter 60 / Subchapter 5 / Section 18-60-501
Proceedings generally
Status: in_force

Any person claiming to own land that is wild or improved or land that is in the actual possession of himself or herself, or those claiming under him or her, may have his or her title to the land confirmed and quieted by proceeding in the manner provided in this subchapter. Acts 1899, No. 79, § 1, p. 133; C. & M. Dig., § 8362; Pope's Dig., § 10958; A.S.A. 1947, § 34-1901.

Any person claiming to own land that is wild or improved or land that is in the actual possession of himself or herself, or those claiming under him or her, may have his or her title to the land confirmed and quieted by proceeding in the manner provided in this subchapter.

Acts 1899, No. 79, § 1, p. 133; C. & M. Dig., § 8362; Pope's Dig., § 10958; A.S.A. 1947, § 34-1901.
Ark. Code Ann. § 18-44-103 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-103
Improvements on leased land
Status: in_force

(a) Every building or other improvement erected or materials furnished, according to the provisions of this subchapter, on leased lots or lands shall be held for the debt contracted for, or on account of it, and also the leasehold term for the lot and land on which it is erected. (b) (1) In case the lessee shall have forfeited his or her lease, the purchaser of the building and leasehold term, or so much of it as remains unexpired, under the provisions of this subchapter, shall be held to the assignee of the leasehold term and, as such, shall be entitled to pay to the lessor all arrears of rent or other money, interest, and costs due under the lease, unless the lessor shall have regained possession of the leasehold land, or obtained judgment for the possession of it on account of the noncompliance by the lessee with the terms of the lease, prior to the commencement of the improvements thereon. (2) In this case the purchaser of the improvements under this subchapter shall have the right only to remove the improvements within sixty (60) days after he or she shall purchase them, and the owner of the ground shall receive the rent due him or her payable out of the proceeds of the sale, according to the terms of the lease, down to the time of removing the building. Acts 1895, No. 146, § 4, p. 217; C. & M. Dig., § 6910; Pope's Dig., § 8869; A.S.A. 1947, § 51-606.

(a) Every building or other improvement erected or materials furnished, according to the provisions of this subchapter, on leased lots or lands shall be held for the debt contracted for, or on account of it, and also the leasehold term for the lot and land on which it is erected.

(b) (1) In case the lessee shall have forfeited his or her lease, the purchaser of the building and leasehold term, or so much of it as remains unexpired, under the provisions of this subchapter, shall be held to the assignee of the leasehold term and, as such, shall be entitled to pay to the lessor all arrears of rent or other money, interest, and costs due under the lease, unless the lessor shall have regained possession of the leasehold land, or obtained judgment for the possession of it on account of the noncompliance by the lessee with the terms of the lease, prior to the commencement of the improvements thereon. (2) In this case the purchaser of the improvements under this subchapter shall have the right only to remove the improvements within sixty (60) days after he or she shall purchase them, and the owner of the ground shall receive the rent due him or her payable out of the proceeds of the sale, according to the terms of the lease, down to the time of removing the building.

(1) In case the lessee shall have forfeited his or her lease, the purchaser of the building and leasehold term, or so much of it as remains unexpired, under the provisions of this subchapter, shall be held to the assignee of the leasehold term and, as such, shall be entitled to pay to the lessor all arrears of rent or other money, interest, and costs due under the lease, unless the lessor shall have regained possession of the leasehold land, or obtained judgment for the possession of it on account of the noncompliance by the lessee with the terms of the lease, prior to the commencement of the improvements thereon.

(2) In this case the purchaser of the improvements under this subchapter shall have the right only to remove the improvements within sixty (60) days after he or she shall purchase them, and the owner of the ground shall receive the rent due him or her payable out of the proceeds of the sale, according to the terms of the lease, down to the time of removing the building.

Acts 1895, No. 146, § 4, p. 217; C. & M. Dig., § 6910; Pope's Dig., § 8869; A.S.A. 1947, § 51-606.
Ark. Code Ann. § 18-11-704 — AR Code / Title 18 / Chapter 11 / Subchapter 7 / Section 18-11-704
Right of servient estate owner to relocate easement
Status: in_force

A servient estate owner may relocate an easement under this subchapter only if the relocation does not materially: (1) lessen the utility of the easement; (2) after the relocation, increase the burden on the easement holder in its reasonable use and enjoyment of the easement; (3) impair an affirmative, easement-related purpose for which the easement was created; (4) during or after the relocation, impair the safety of the easement holder or another entitled to use and enjoy the easement; (5) during the relocation, disrupt the use and enjoyment of the easement by the easement holder or another entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption; (6) impair the physical condition, use, or value of the dominant estate or improvements on the dominant estate; or (7) impair the value of the collateral of a security-interest holder of record in the servient estate or dominant estate, impair a real-property interest of a lessee of record in the dominant estate, or impair a recorded real-property interest of any other person in the servient estate or dominant estate. Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.

A servient estate owner may relocate an easement under this subchapter only if the relocation does not materially:

(1) lessen the utility of the easement;

(2) after the relocation, increase the burden on the easement holder in its reasonable use and enjoyment of the easement;

(3) impair an affirmative, easement-related purpose for which the easement was created;

(4) during or after the relocation, impair the safety of the easement holder or another entitled to use and enjoy the easement;

(5) during the relocation, disrupt the use and enjoyment of the easement by the easement holder or another entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption;

(6) impair the physical condition, use, or value of the dominant estate or improvements on the dominant estate; or

(7) impair the value of the collateral of a security-interest holder of record in the servient estate or dominant estate, impair a real-property interest of a lessee of record in the dominant estate, or impair a recorded real-property interest of any other person in the servient estate or dominant estate.

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 18-15-916 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-916
Fees and expenses
Status: in_force

(a) For each day necessarily employed, to be charged as costs and expenses and paid out of the county treasury, all persons required to render services under the provisions of this subchapter shall receive: (1) As viewers or reviewers, one dollar and fifty cents ($1.50) per day; (2) As chain carriers or markers, one dollar and fifty cents ($1.50) per day; and (3) As surveyors, five dollars ($5.00) per day. (b) The amount due to each person and the number of days employed shall be certified under oath by the viewers or reviewers. (c) The county shall be reimbursed for the payments so made and for all other necessary expenses incident to proceedings by the petition, as provided in this subchapter. (d) The clerk of the county court shall receive the fees as by law he or she may be entitled to, the fees to be taxed as costs and paid as provided in this subchapter. Acts 1909, No. 307, § 20, p. 916; C. & M. Dig., § 4077; Pope's Dig., § 5080; A.S.A. 1947, § 35-1020.

(a) For each day necessarily employed, to be charged as costs and expenses and paid out of the county treasury, all persons required to render services under the provisions of this subchapter shall receive: (1) As viewers or reviewers, one dollar and fifty cents ($1.50) per day; (2) As chain carriers or markers, one dollar and fifty cents ($1.50) per day; and (3) As surveyors, five dollars ($5.00) per day.

(1) As viewers or reviewers, one dollar and fifty cents ($1.50) per day;

(2) As chain carriers or markers, one dollar and fifty cents ($1.50) per day; and

(3) As surveyors, five dollars ($5.00) per day.

(b) The amount due to each person and the number of days employed shall be certified under oath by the viewers or reviewers.

(c) The county shall be reimbursed for the payments so made and for all other necessary expenses incident to proceedings by the petition, as provided in this subchapter.

(d) The clerk of the county court shall receive the fees as by law he or she may be entitled to, the fees to be taxed as costs and paid as provided in this subchapter.

Acts 1909, No. 307, § 20, p. 916; C. & M. Dig., § 4077; Pope's Dig., § 5080; A.S.A. 1947, § 35-1020.
Ark. Code Ann. § 18-27-306 — AR Code / Title 18 / Chapter 27 / Subchapter 3 / Section 18-27-306
Penalties
Status: in_force

A violation of this subchapter by a dealer is a Class C misdemeanor. Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.

A violation of this subchapter by a dealer is a Class C misdemeanor.

Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.