Ark. Code Ann. § 18-61-101 — AR Code / Title 18 / Chapter 61 / Section 18-61-101
Actions to recover land, tenements, or hereditaments
Status: in_force

(a) (1) No person or his or her heirs shall have, sue, or maintain any action or suit, either in law or equity, for any lands, tenements, or hereditaments after seven (7) years once his or her right to commence, have, or maintain the suit shall have come, fallen, or accrued. (2) All suits, either in law or equity, for the recovery of any lands, tenements, or hereditaments shall be had and sued within seven (7) years next after the title or cause of action accrued and no time after the seven (7) years shall have passed. (b) If any person who is, or shall be, entitled to commence and prosecute a suit or action in law or equity is, or shall be, at the time the right or title first accrued come or fallen within the age of twenty-one (21) or non compos mentis, the person or his or her heirs, shall and may, notwithstanding the seven (7) years may have expired, bring his or her suit or action if the infant or non compos mentis, or his or her heirs, shall bring it within three (3) years next after full age or coming of sound mind. (c) No cumulative disability shall prevent the bar formed and constituted by the saving of this section. (d) This section shall not apply to lands which have been sold to any improvement district of any kind or character for taxes due the districts, nor to any taxes due any improvement districts, but the lien of these taxes shall continue until paid. (e) (1) Subsections (a)-(c) of this section do not apply to the circumstances set forth in subdivisions (e)(2) and (3) of this section. (2) The public's right to use an unpaved road established by an easement is abandoned if: (A) Access is denied by a gate across the road; and (B) The gate is closed and locked continuously, other than briefly to allow access by the owner or others with the owner's express permission, for one (1) year. (3) An action to assert the public's right to use an unpaved road established by an easement is barred after the easement is abandoned under subdivision (e)(2) of this section. (4) This subsection does not apply to: (A) A road or highway maintained by the State of Arkansas; (B) A road maintained or accepted for perpetual maintenance by a county; (C) A road maintained by an improvement district; (D) A road within the jurisdictional limits of a city of the first class or city of the second class; or (E) The claim or right of any person, his or her heirs, successors, assigns, or tenants who use the unpaved road as a means of ingress and egress to lands owned or leased by that person, his or her heirs, successors, assigns, or tenants. Amended by Act 2015, No. 1006,§ 1, eff. 7/22/2015. Acts 1851, § 2, p. 145; 1919, No. 100, § 1; C. & M. Dig., § 6942; Pope's Dig., § 8918; Acts 1945, No. 82, § 1; A.S.A. 1947, § 37-101.

(a) (1) No person or his or her heirs shall have, sue, or maintain any action or suit, either in law or equity, for any lands, tenements, or hereditaments after seven (7) years once his or her right to commence, have, or maintain the suit shall have come, fallen, or accrued. (2) All suits, either in law or equity, for the recovery of any lands, tenements, or hereditaments shall be had and sued within seven (7) years next after the title or cause of action accrued and no time after the seven (7) years shall have passed.

(1) No person or his or her heirs shall have, sue, or maintain any action or suit, either in law or equity, for any lands, tenements, or hereditaments after seven (7) years once his or her right to commence, have, or maintain the suit shall have come, fallen, or accrued.

(2) All suits, either in law or equity, for the recovery of any lands, tenements, or hereditaments shall be had and sued within seven (7) years next after the title or cause of action accrued and no time after the seven (7) years shall have passed.

(b) If any person who is, or shall be, entitled to commence and prosecute a suit or action in law or equity is, or shall be, at the time the right or title first accrued come or fallen within the age of twenty-one (21) or non compos mentis, the person or his or her heirs, shall and may, notwithstanding the seven (7) years may have expired, bring his or her suit or action if the infant or non compos mentis, or his or her heirs, shall bring it within three (3) years next after full age or coming of sound mind.

(c) No cumulative disability shall prevent the bar formed and constituted by the saving of this section.

(d) This section shall not apply to lands which have been sold to any improvement district of any kind or character for taxes due the districts, nor to any taxes due any improvement districts, but the lien of these taxes shall continue until paid.

(e) (1) Subsections (a)-(c) of this section do not apply to the circumstances set forth in subdivisions (e)(2) and (3) of this section. (2) The public's right to use an unpaved road established by an easement is abandoned if: (A) Access is denied by a gate across the road; and (B) The gate is closed and locked continuously, other than briefly to allow access by the owner or others with the owner's express permission, for one (1) year. (3) An action to assert the public's right to use an unpaved road established by an easement is barred after the easement is abandoned under subdivision (e)(2) of this section. (4) This subsection does not apply to: (A) A road or highway maintained by the State of Arkansas; (B) A road maintained or accepted for perpetual maintenance by a county; (C) A road maintained by an improvement district; (D) A road within the jurisdictional limits of a city of the first class or city of the second class; or (E) The claim or right of any person, his or her heirs, successors, assigns, or tenants who use the unpaved road as a means of ingress and egress to lands owned or leased by that person, his or her heirs, successors, assigns, or tenants.

(1) Subsections (a)-(c) of this section do not apply to the circumstances set forth in subdivisions (e)(2) and (3) of this section.

(2) The public's right to use an unpaved road established by an easement is abandoned if: (A) Access is denied by a gate across the road; and (B) The gate is closed and locked continuously, other than briefly to allow access by the owner or others with the owner's express permission, for one (1) year.

(A) Access is denied by a gate across the road; and

(B) The gate is closed and locked continuously, other than briefly to allow access by the owner or others with the owner's express permission, for one (1) year.

(3) An action to assert the public's right to use an unpaved road established by an easement is barred after the easement is abandoned under subdivision (e)(2) of this section.

(4) This subsection does not apply to: (A) A road or highway maintained by the State of Arkansas; (B) A road maintained or accepted for perpetual maintenance by a county; (C) A road maintained by an improvement district; (D) A road within the jurisdictional limits of a city of the first class or city of the second class; or (E) The claim or right of any person, his or her heirs, successors, assigns, or tenants who use the unpaved road as a means of ingress and egress to lands owned or leased by that person, his or her heirs, successors, assigns, or tenants.

(A) A road or highway maintained by the State of Arkansas;

(B) A road maintained or accepted for perpetual maintenance by a county;

(C) A road maintained by an improvement district;

(D) A road within the jurisdictional limits of a city of the first class or city of the second class; or

(E) The claim or right of any person, his or her heirs, successors, assigns, or tenants who use the unpaved road as a means of ingress and egress to lands owned or leased by that person, his or her heirs, successors, assigns, or tenants.

Amended by Act 2015, No. 1006,§ 1, eff. 7/22/2015.

Acts 1851, § 2, p. 145; 1919, No. 100, § 1; C. & M. Dig., § 6942; Pope's Dig., § 8918; Acts 1945, No. 82, § 1; A.S.A. 1947, § 37-101.
Ark. Code Ann. § 18-60-904 — AR Code / Title 18 / Chapter 60 / Subchapter 9 / Section 18-60-904
Effect of order - Removal of property
Status: in_force

(a) When the county court issues an order vacating a public utility easement, the ownership of the real property through which the easement extends shall cease to be burdened with the easement. (b) The public utilities shall remove their property located on or beneath the realty subject to the easement within ninety (90) days after the issuance of the order vacating the easement, or the property shall be forfeited to the owners of the realty. Acts 1987, No. 494, § 4.

(a) When the county court issues an order vacating a public utility easement, the ownership of the real property through which the easement extends shall cease to be burdened with the easement.

(b) The public utilities shall remove their property located on or beneath the realty subject to the easement within ninety (90) days after the issuance of the order vacating the easement, or the property shall be forfeited to the owners of the realty.

Acts 1987, No. 494, § 4.
Ark. Code Ann. § 18-15-407 — AR Code / Title 18 / Chapter 15 / Subchapter 4 / Section 18-15-407
State or county roads
Status: in_force

(a) If any portion of a state or county road will lie below the high-water mark of an impounding lake, the operating authority of the municipal waterworks system shall have the right to flood the road. (b) However, if the state or the county determines that a replacement road is required, the municipality shall be obligated to pay the cost of replacing the flooded road with another road of the same type and width. The road shall be the shortest reasonable distance consistent with good engineering practice. (c) (1) The Arkansas Department of Transportation, hereinafter called "state", shall make all necessary determinations for the state highways. (2) The county judges, hereinafter called "county", shall make all determinations for county roads. (d) If the county or state determines that a road need not be replaced, the operating authority is authorized to pay to the county or to the state a reasonable sum in lieu of relocating the road. Any sum so paid shall be used by the state or county for road purposes elsewhere in the state or county, as the case may be. (e) The county or state may permit the municipality to construct the relocated road, and in that event the operating authority shall be entitled to condemn rights-of-way for the roads in its own name under this subchapter or under any eminent domain act available to the county or state. (f) After acquiring the rights-of-way, title thereto shall be transferred to the county or state. (g) If any part of the road replaced or paid for as authorized in this section lies upon property owned by the municipality, title to that part of the replaced road shall vest in the municipality. Amended by Act 2017, No. 707,§ 39, eff. 8/1/2017. Acts 1957, No. 269, § 8; A.S.A. 1947, § 35-914.

(a) If any portion of a state or county road will lie below the high-water mark of an impounding lake, the operating authority of the municipal waterworks system shall have the right to flood the road.

(b) However, if the state or the county determines that a replacement road is required, the municipality shall be obligated to pay the cost of replacing the flooded road with another road of the same type and width. The road shall be the shortest reasonable distance consistent with good engineering practice.

(c) (1) The Arkansas Department of Transportation, hereinafter called "state", shall make all necessary determinations for the state highways. (2) The county judges, hereinafter called "county", shall make all determinations for county roads.

(1) The Arkansas Department of Transportation, hereinafter called "state", shall make all necessary determinations for the state highways.

(2) The county judges, hereinafter called "county", shall make all determinations for county roads.

(d) If the county or state determines that a road need not be replaced, the operating authority is authorized to pay to the county or to the state a reasonable sum in lieu of relocating the road. Any sum so paid shall be used by the state or county for road purposes elsewhere in the state or county, as the case may be.

(e) The county or state may permit the municipality to construct the relocated road, and in that event the operating authority shall be entitled to condemn rights-of-way for the roads in its own name under this subchapter or under any eminent domain act available to the county or state.

(f) After acquiring the rights-of-way, title thereto shall be transferred to the county or state.

(g) If any part of the road replaced or paid for as authorized in this section lies upon property owned by the municipality, title to that part of the replaced road shall vest in the municipality.

Amended by Act 2017, No. 707,§ 39, eff. 8/1/2017.

Acts 1957, No. 269, § 8; A.S.A. 1947, § 35-914.
Ark. Code Ann. § 18-61-106 — AR Code / Title 18 / Chapter 61 / Section 18-61-106
Recovery of lands held under tax title
Status: in_force

(a) No action for the recovery of any lands or for the possession thereof against any person or persons, their heirs and assigns, who may hold such lands by virtue of a purchase thereof at a sale by the collector, or the Commissioner of State Lands, for the nonpayment of taxes, or who may have purchased the lands from the state by virtue of any act providing for the sale of lands forfeited to the state for the nonpayment of taxes, or who may hold the land under a donation deed from the state, shall be maintained, unless it appears that the plaintiff, his or her ancestors, predecessors, or grantors, was seized or possessed of the lands in question within two (2) years next before the commencement of the suit or action. (b) This section shall not apply to lands which have been sold to any improvement district of any kind or character for taxes due such districts, nor to any taxes due any such improvement districts, but the lien of said taxes shall continue until paid. Acts 1857, § 1, p. 80; C. & M. Dig., § 6947; Acts 1937, No. 7, § 1; Pope's Dig., § 8925; Acts 1945, No. 82, § 2; A.S.A. 1947, § 34-1419.

(a) No action for the recovery of any lands or for the possession thereof against any person or persons, their heirs and assigns, who may hold such lands by virtue of a purchase thereof at a sale by the collector, or the Commissioner of State Lands, for the nonpayment of taxes, or who may have purchased the lands from the state by virtue of any act providing for the sale of lands forfeited to the state for the nonpayment of taxes, or who may hold the land under a donation deed from the state, shall be maintained, unless it appears that the plaintiff, his or her ancestors, predecessors, or grantors, was seized or possessed of the lands in question within two (2) years next before the commencement of the suit or action.

(b) This section shall not apply to lands which have been sold to any improvement district of any kind or character for taxes due such districts, nor to any taxes due any such improvement districts, but the lien of said taxes shall continue until paid.

Acts 1857, § 1, p. 80; C. & M. Dig., § 6947; Acts 1937, No. 7, § 1; Pope's Dig., § 8925; Acts 1945, No. 82, § 2; A.S.A. 1947, § 34-1419.
Ark. Code Ann. § 18-60-207 — AR Code / Title 18 / Chapter 60 / Subchapter 2 / Section 18-60-207
Judgments
Status: in_force

(a) In all cases in which no other provision is made, the judgment, if for the plaintiff, shall be for the recovery of the possession of the premises and the damages and costs. (b) If judgment should be rendered against the defendant, the judgment shall be for the recovery of the premises, and a writ of inquiry shall be awarded to assess the damages. Rev. Stat., ch. 53, §§ 15, 18; C. & M. Dig., §§ 3698, 3701; Pope's Dig., §§ 4653, 4656; A.S.A. 1947, §§ 34-1416, 34-1417.

(a) In all cases in which no other provision is made, the judgment, if for the plaintiff, shall be for the recovery of the possession of the premises and the damages and costs.

(b) If judgment should be rendered against the defendant, the judgment shall be for the recovery of the premises, and a writ of inquiry shall be awarded to assess the damages.

Rev. Stat., ch. 53, §§ 15, 18; C. & M. Dig., §§ 3698, 3701; Pope's Dig., §§ 4653, 4656; A.S.A. 1947, §§ 34-1416, 34-1417.
Ark. Code Ann. § 18-16-112 — AR Code / Title 18 / Chapter 16 / Subchapter 1 / Section 18-16-112
Protection for victims of domestic abuse - Definitions
Status: in_force

(a) As used in this section: (1) "Documented incident of domestic abuse" means evidence of domestic abuse contained in an order of a court of competent jurisdiction; (2) "Domestic abuse" means: (A) The infliction of physical injury or the creation of a reasonable fear that physical injury or harm will be inflicted upon a member of a household by a member or former member of the household; or (B) The commission of a sex crime or act of stalking upon a member of a household; (3) "Domestic abuse offender" means a person identified in a documented incident of domestic abuse as performing any act of domestic abuse; (4) "Sex crime" includes without limitation: (A) The following offenses: (i) Rape, § 5-14-103 ; (ii) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (iii) Sexual assault in the first degree, § 5-14-124 ; (iv) Sexual assault in the second degree, § 5-14-125 ; (v) Sexual assault in the third degree, § 5-14-126 ; (vi) Sexual assault in the fourth degree, § 5-14-127 ; (vii) Incest, § 5-26-202 ; (viii) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (ix) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (x) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (xi) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (xii) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (xiii) Promoting prostitution in the first degree, § 5-70-104 ; (xiv) Indecent exposure, § 5-14-112 , if a felony level offense; (xv) Exposing another person to human immunodeficiency virus when a person who has tested positive for human immunodeficiency virus was ordered by the sentencing court to register as a sex offender, § 5-14-123 ; (xvi) Kidnapping pursuant to § 5-11-102(a) when the victim is a minor and the offender is not the parent of the victim; (xvii) False imprisonment in the first degree and false imprisonment in the second degree, §§ 5-11-103 and 5-11-104 , when the victim is a minor and the offender is not the parent of the victim; (xviii) Permitting abuse of a minor pursuant to § 5-27-221 ; (xix) Possession or use of child sexual abuse material, § 5-27-603 ; (xx) Computer exploitation of a child, § 5-27-605 ; (xxi) Permanent detention or restraint when the offender is not the parent of the victim, § 5-11-106 ; and (xxii) Distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child, § 5-27-602 ; (B) An attempt, solicitation, or conspiracy to commit any offense enumerated in subdivision (a)(4)(A) of this section; and (C) An adjudication of guilt for an offense of the law of another state, for a federal offense, for a tribal court offense, or for a military offense: (i) That is similar to any offense enumerated in subdivision (a)(4)(A) of this section; or (ii) When that adjudication of guilt requires registration under another state's sex offender registration laws; (5) "Stalking" means following or loitering near a person with the purpose of annoying, harassing, or committing an assault or battery against the person; and (6) "Victim of domestic abuse" means a person or a member of the person's household who is identified in a documented incident of domestic abuse within: (A) The immediately preceding sixty (60) days; or (B) Sixty (60) days of the termination of a residential tenancy by the person, a member of the person's household, or landlord because of domestic abuse. (b) If a residential tenant, an applicant for a residential tenancy, or a member of the tenant or applicant's household is a victim of domestic abuse as evidenced by a documented incident of domestic abuse: (1) With respect to the victim of domestic abuse, a landlord shall not terminate or fail to renew a residential tenancy, refuse to enter into a residential tenancy, or otherwise retaliate in the leasing of a residence because of the domestic abuse; and (2) (A) At the residential tenant's expense and with the landlord's prior consent, a landlord or a residential tenant other than a domestic abuse offender may change the locks to the residential tenant's residence. (B) The landlord or residential tenant shall furnish the other a copy of the new key to the residential tenant's residence immediately after changing the locks or as soon after changing the locks as possible if either the landlord or residential tenant is unavailable. (c) Notwithstanding a conflicting provision in a domestic abuse offender's residential tenancy agreement, if a domestic abuse offender is under a court order to stay away from a co-tenant residing in the domestic abuser's offender's residence or the co-tenant's residence: (1) The domestic abuse offender under the court order may access either residence only to the extent permitted by the court order or another court order; (2) A landlord may refuse access by a domestic abuse offender to the residence of a victim of domestic abuse unless the domestic offender is permitted access by court order; and (3) A landlord may pursue all available legal remedies against the domestic abuse offender, including without limitation an action: (A) To terminate the residential tenancy agreement of the domestic abuse offender; (B) To evict the domestic abuse offender whether or not a residential tenancy agreement between the landlord and domestic abuse offender exists; and (C) For damages against the domestic abuse offender: (i) For any unpaid rent owed by the domestic abuse offender; and (ii) Resulting from a documented incident of domestic abuse. (d) A landlord is entitled to a court order terminating the residential tenancy agreement of a person or evicting a person, or both, under subdivision (c)(3)(A) or (c)(3)(B) of this section upon proof that the person is a domestic abuse offender under this section. (e) A landlord is immune from civil liability if the landlord in good faith: (1) Changes the locks under subdivision (b)(2) of this section; or (2) Acts in accordance with a court order under subsection (c) of this section. (f) A residential tenant may not waive in a residential tenancy the residential tenant's right to request law enforcement assistance or other emergency assistance. Amended by Act 2023, No. 619,§ 23, eff. 8/1/2023. Amended by Act 2023, No. 21,§ 11, eff. 8/1/2023. Acts 2007, No. 682, § 1; 2009, No. 482, § 1.

(a) As used in this section: (1) "Documented incident of domestic abuse" means evidence of domestic abuse contained in an order of a court of competent jurisdiction; (2) "Domestic abuse" means: (A) The infliction of physical injury or the creation of a reasonable fear that physical injury or harm will be inflicted upon a member of a household by a member or former member of the household; or (B) The commission of a sex crime or act of stalking upon a member of a household; (3) "Domestic abuse offender" means a person identified in a documented incident of domestic abuse as performing any act of domestic abuse; (4) "Sex crime" includes without limitation: (A) The following offenses: (i) Rape, § 5-14-103 ; (ii) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (iii) Sexual assault in the first degree, § 5-14-124 ; (iv) Sexual assault in the second degree, § 5-14-125 ; (v) Sexual assault in the third degree, § 5-14-126 ; (vi) Sexual assault in the fourth degree, § 5-14-127 ; (vii) Incest, § 5-26-202 ; (viii) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (ix) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (x) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (xi) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (xii) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (xiii) Promoting prostitution in the first degree, § 5-70-104 ; (xiv) Indecent exposure, § 5-14-112 , if a felony level offense; (xv) Exposing another person to human immunodeficiency virus when a person who has tested positive for human immunodeficiency virus was ordered by the sentencing court to register as a sex offender, § 5-14-123 ; (xvi) Kidnapping pursuant to § 5-11-102(a) when the victim is a minor and the offender is not the parent of the victim; (xvii) False imprisonment in the first degree and false imprisonment in the second degree, §§ 5-11-103 and 5-11-104 , when the victim is a minor and the offender is not the parent of the victim; (xviii) Permitting abuse of a minor pursuant to § 5-27-221 ; (xix) Possession or use of child sexual abuse material, § 5-27-603 ; (xx) Computer exploitation of a child, § 5-27-605 ; (xxi) Permanent detention or restraint when the offender is not the parent of the victim, § 5-11-106 ; and (xxii) Distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child, § 5-27-602 ; (B) An attempt, solicitation, or conspiracy to commit any offense enumerated in subdivision (a)(4)(A) of this section; and (C) An adjudication of guilt for an offense of the law of another state, for a federal offense, for a tribal court offense, or for a military offense: (i) That is similar to any offense enumerated in subdivision (a)(4)(A) of this section; or (ii) When that adjudication of guilt requires registration under another state's sex offender registration laws; (5) "Stalking" means following or loitering near a person with the purpose of annoying, harassing, or committing an assault or battery against the person; and (6) "Victim of domestic abuse" means a person or a member of the person's household who is identified in a documented incident of domestic abuse within: (A) The immediately preceding sixty (60) days; or (B) Sixty (60) days of the termination of a residential tenancy by the person, a member of the person's household, or landlord because of domestic abuse.

(1) "Documented incident of domestic abuse" means evidence of domestic abuse contained in an order of a court of competent jurisdiction;

(2) "Domestic abuse" means: (A) The infliction of physical injury or the creation of a reasonable fear that physical injury or harm will be inflicted upon a member of a household by a member or former member of the household; or (B) The commission of a sex crime or act of stalking upon a member of a household;

(A) The infliction of physical injury or the creation of a reasonable fear that physical injury or harm will be inflicted upon a member of a household by a member or former member of the household; or

(B) The commission of a sex crime or act of stalking upon a member of a household;

(3) "Domestic abuse offender" means a person identified in a documented incident of domestic abuse as performing any act of domestic abuse;

(4) "Sex crime" includes without limitation: (A) The following offenses: (i) Rape, § 5-14-103 ; (ii) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (iii) Sexual assault in the first degree, § 5-14-124 ; (iv) Sexual assault in the second degree, § 5-14-125 ; (v) Sexual assault in the third degree, § 5-14-126 ; (vi) Sexual assault in the fourth degree, § 5-14-127 ; (vii) Incest, § 5-26-202 ; (viii) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (ix) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (x) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (xi) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (xii) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (xiii) Promoting prostitution in the first degree, § 5-70-104 ; (xiv) Indecent exposure, § 5-14-112 , if a felony level offense; (xv) Exposing another person to human immunodeficiency virus when a person who has tested positive for human immunodeficiency virus was ordered by the sentencing court to register as a sex offender, § 5-14-123 ; (xvi) Kidnapping pursuant to § 5-11-102(a) when the victim is a minor and the offender is not the parent of the victim; (xvii) False imprisonment in the first degree and false imprisonment in the second degree, §§ 5-11-103 and 5-11-104 , when the victim is a minor and the offender is not the parent of the victim; (xviii) Permitting abuse of a minor pursuant to § 5-27-221 ; (xix) Possession or use of child sexual abuse material, § 5-27-603 ; (xx) Computer exploitation of a child, § 5-27-605 ; (xxi) Permanent detention or restraint when the offender is not the parent of the victim, § 5-11-106 ; and (xxii) Distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child, § 5-27-602 ; (B) An attempt, solicitation, or conspiracy to commit any offense enumerated in subdivision (a)(4)(A) of this section; and (C) An adjudication of guilt for an offense of the law of another state, for a federal offense, for a tribal court offense, or for a military offense: (i) That is similar to any offense enumerated in subdivision (a)(4)(A) of this section; or (ii) When that adjudication of guilt requires registration under another state's sex offender registration laws;

(A) The following offenses: (i) Rape, § 5-14-103 ; (ii) Sexual indecency with a child, § 5-14-110 , if the offense is a felony; (iii) Sexual assault in the first degree, § 5-14-124 ; (iv) Sexual assault in the second degree, § 5-14-125 ; (v) Sexual assault in the third degree, § 5-14-126 ; (vi) Sexual assault in the fourth degree, § 5-14-127 ; (vii) Incest, § 5-26-202 ; (viii) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ; (ix) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (x) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (xi) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (xii) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (xiii) Promoting prostitution in the first degree, § 5-70-104 ; (xiv) Indecent exposure, § 5-14-112 , if a felony level offense; (xv) Exposing another person to human immunodeficiency virus when a person who has tested positive for human immunodeficiency virus was ordered by the sentencing court to register as a sex offender, § 5-14-123 ; (xvi) Kidnapping pursuant to § 5-11-102(a) when the victim is a minor and the offender is not the parent of the victim; (xvii) False imprisonment in the first degree and false imprisonment in the second degree, §§ 5-11-103 and 5-11-104 , when the victim is a minor and the offender is not the parent of the victim; (xviii) Permitting abuse of a minor pursuant to § 5-27-221 ; (xix) Possession or use of child sexual abuse material, § 5-27-603 ; (xx) Computer exploitation of a child, § 5-27-605 ; (xxi) Permanent detention or restraint when the offender is not the parent of the victim, § 5-11-106 ; and (xxii) Distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child, § 5-27-602 ;

(i) Rape, § 5-14-103 ;

(ii) Sexual indecency with a child, § 5-14-110 , if the offense is a felony;

(iii) Sexual assault in the first degree, § 5-14-124 ;

(iv) Sexual assault in the second degree, § 5-14-125 ;

(v) Sexual assault in the third degree, § 5-14-126 ;

(vi) Sexual assault in the fourth degree, § 5-14-127 ;

(vii) Incest, § 5-26-202 ;

(viii) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 ;

(ix) Transportation of minors for prohibited sexual conduct, § 5-27-305 ;

(x) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ;

(xi) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ;

(xii) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ;

(xiii) Promoting prostitution in the first degree, § 5-70-104 ;

(xiv) Indecent exposure, § 5-14-112 , if a felony level offense;

(xv) Exposing another person to human immunodeficiency virus when a person who has tested positive for human immunodeficiency virus was ordered by the sentencing court to register as a sex offender, § 5-14-123 ;

(xvi) Kidnapping pursuant to § 5-11-102(a) when the victim is a minor and the offender is not the parent of the victim;

(xvii) False imprisonment in the first degree and false imprisonment in the second degree, §§ 5-11-103 and 5-11-104 , when the victim is a minor and the offender is not the parent of the victim;

(xviii) Permitting abuse of a minor pursuant to § 5-27-221 ;

(xix) Possession or use of child sexual abuse material, § 5-27-603 ;

(xx) Computer exploitation of a child, § 5-27-605 ;

(xxi) Permanent detention or restraint when the offender is not the parent of the victim, § 5-11-106 ; and

(xxii) Distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child, § 5-27-602 ;

(B) An attempt, solicitation, or conspiracy to commit any offense enumerated in subdivision (a)(4)(A) of this section; and

(C) An adjudication of guilt for an offense of the law of another state, for a federal offense, for a tribal court offense, or for a military offense: (i) That is similar to any offense enumerated in subdivision (a)(4)(A) of this section; or (ii) When that adjudication of guilt requires registration under another state's sex offender registration laws;

(i) That is similar to any offense enumerated in subdivision (a)(4)(A) of this section; or

(ii) When that adjudication of guilt requires registration under another state's sex offender registration laws;

(5) "Stalking" means following or loitering near a person with the purpose of annoying, harassing, or committing an assault or battery against the person; and

(6) "Victim of domestic abuse" means a person or a member of the person's household who is identified in a documented incident of domestic abuse within: (A) The immediately preceding sixty (60) days; or (B) Sixty (60) days of the termination of a residential tenancy by the person, a member of the person's household, or landlord because of domestic abuse.

(A) The immediately preceding sixty (60) days; or

(B) Sixty (60) days of the termination of a residential tenancy by the person, a member of the person's household, or landlord because of domestic abuse.

(b) If a residential tenant, an applicant for a residential tenancy, or a member of the tenant or applicant's household is a victim of domestic abuse as evidenced by a documented incident of domestic abuse: (1) With respect to the victim of domestic abuse, a landlord shall not terminate or fail to renew a residential tenancy, refuse to enter into a residential tenancy, or otherwise retaliate in the leasing of a residence because of the domestic abuse; and (2) (A) At the residential tenant's expense and with the landlord's prior consent, a landlord or a residential tenant other than a domestic abuse offender may change the locks to the residential tenant's residence. (B) The landlord or residential tenant shall furnish the other a copy of the new key to the residential tenant's residence immediately after changing the locks or as soon after changing the locks as possible if either the landlord or residential tenant is unavailable.

(1) With respect to the victim of domestic abuse, a landlord shall not terminate or fail to renew a residential tenancy, refuse to enter into a residential tenancy, or otherwise retaliate in the leasing of a residence because of the domestic abuse; and

(2) (A) At the residential tenant's expense and with the landlord's prior consent, a landlord or a residential tenant other than a domestic abuse offender may change the locks to the residential tenant's residence. (B) The landlord or residential tenant shall furnish the other a copy of the new key to the residential tenant's residence immediately after changing the locks or as soon after changing the locks as possible if either the landlord or residential tenant is unavailable.

(A) At the residential tenant's expense and with the landlord's prior consent, a landlord or a residential tenant other than a domestic abuse offender may change the locks to the residential tenant's residence.

(B) The landlord or residential tenant shall furnish the other a copy of the new key to the residential tenant's residence immediately after changing the locks or as soon after changing the locks as possible if either the landlord or residential tenant is unavailable.

(c) Notwithstanding a conflicting provision in a domestic abuse offender's residential tenancy agreement, if a domestic abuse offender is under a court order to stay away from a co-tenant residing in the domestic abuser's offender's residence or the co-tenant's residence: (1) The domestic abuse offender under the court order may access either residence only to the extent permitted by the court order or another court order; (2) A landlord may refuse access by a domestic abuse offender to the residence of a victim of domestic abuse unless the domestic offender is permitted access by court order; and (3) A landlord may pursue all available legal remedies against the domestic abuse offender, including without limitation an action: (A) To terminate the residential tenancy agreement of the domestic abuse offender; (B) To evict the domestic abuse offender whether or not a residential tenancy agreement between the landlord and domestic abuse offender exists; and (C) For damages against the domestic abuse offender: (i) For any unpaid rent owed by the domestic abuse offender; and (ii) Resulting from a documented incident of domestic abuse.

(1) The domestic abuse offender under the court order may access either residence only to the extent permitted by the court order or another court order;

(2) A landlord may refuse access by a domestic abuse offender to the residence of a victim of domestic abuse unless the domestic offender is permitted access by court order; and

(3) A landlord may pursue all available legal remedies against the domestic abuse offender, including without limitation an action: (A) To terminate the residential tenancy agreement of the domestic abuse offender; (B) To evict the domestic abuse offender whether or not a residential tenancy agreement between the landlord and domestic abuse offender exists; and (C) For damages against the domestic abuse offender: (i) For any unpaid rent owed by the domestic abuse offender; and (ii) Resulting from a documented incident of domestic abuse.

(A) To terminate the residential tenancy agreement of the domestic abuse offender;

(B) To evict the domestic abuse offender whether or not a residential tenancy agreement between the landlord and domestic abuse offender exists; and

(C) For damages against the domestic abuse offender: (i) For any unpaid rent owed by the domestic abuse offender; and (ii) Resulting from a documented incident of domestic abuse.

(i) For any unpaid rent owed by the domestic abuse offender; and

(ii) Resulting from a documented incident of domestic abuse.

(d) A landlord is entitled to a court order terminating the residential tenancy agreement of a person or evicting a person, or both, under subdivision (c)(3)(A) or (c)(3)(B) of this section upon proof that the person is a domestic abuse offender under this section.

(e) A landlord is immune from civil liability if the landlord in good faith: (1) Changes the locks under subdivision (b)(2) of this section; or (2) Acts in accordance with a court order under subsection (c) of this section.

(1) Changes the locks under subdivision (b)(2) of this section; or

(2) Acts in accordance with a court order under subsection (c) of this section.

(f) A residential tenant may not waive in a residential tenancy the residential tenant's right to request law enforcement assistance or other emergency assistance.

Amended by Act 2023, No. 619,§ 23, eff. 8/1/2023.

Amended by Act 2023, No. 21,§ 11, eff. 8/1/2023.

Acts 2007, No. 682, § 1; 2009, No. 482, § 1.
Ark. Code Ann. § 18-50-105 — AR Code / Title 18 / Chapter 50 / Section 18-50-105
Publication of notice
Status: in_force

The mortgagee or trustee shall publish the notice: (1) In a newspaper of general circulation in the county in which the trust property is situated or in a newspaper of general statewide daily publication one (1) time a week for four (4) consecutive weeks prior to the date of sale. The final publication shall be no more than ten (10) days prior to the sale; (2) By employing a third-party posting provider to post notice at the place at the county courthouse where foreclosure sales are customarily advertised and conducted; and (3) By employing a third-party Internet foreclosure sale notice information service provider. Acts 1987, No. 53, § 5; 1989, No. 532, § 3; 1999, No. 983, § 5; 2001, No. 1196, § 1.

The mortgagee or trustee shall publish the notice:

(1) In a newspaper of general circulation in the county in which the trust property is situated or in a newspaper of general statewide daily publication one (1) time a week for four (4) consecutive weeks prior to the date of sale. The final publication shall be no more than ten (10) days prior to the sale;

(2) By employing a third-party posting provider to post notice at the place at the county courthouse where foreclosure sales are customarily advertised and conducted; and

(3) By employing a third-party Internet foreclosure sale notice information service provider.

Acts 1987, No. 53, § 5; 1989, No. 532, § 3; 1999, No. 983, § 5; 2001, No. 1196, § 1.
Ark. Code Ann. § 18-29-204 — AR Code / Title 18 / Chapter 29 / Subchapter 2 / Section 18-29-204
Penalty
Status: in_force

The penalty for violation of this subchapter shall be as follows: (1) The first violation shall be a Class B misdemeanor; (2) The second violation shall be a Class A misdemeanor; and (3) The third or subsequent violation shall be a Class D felony. Acts 1999, No. 1350, § 4.

The penalty for violation of this subchapter shall be as follows:

(1) The first violation shall be a Class B misdemeanor;

(2) The second violation shall be a Class A misdemeanor; and

(3) The third or subsequent violation shall be a Class D felony.

Acts 1999, No. 1350, § 4.
Ark. Code Ann. § 18-60-312 — AR Code / Title 18 / Chapter 60 / Subchapter 3 / Section 18-60-312
Other causes of action not precluded
Status: in_force

(a) Neither the judgment to be rendered by the court in matters brought pursuant to the provisions of this subchapter nor anything in this subchapter shall bar or preclude the party injured from bringing any cause of action for trespass or ejectment, or any other action, against the offending party. (b) All claims, causes of action, and actions which have accrued, occurred, or been filed prior to March 23, 1981, and arising under acts repealed shall be, and remain, in full force and effect, but shall be governed by the terms of this subchapter. Acts 1981, No. 615, §§ 12, 13; A.S.A. 1947, § 34-1512.

(a) Neither the judgment to be rendered by the court in matters brought pursuant to the provisions of this subchapter nor anything in this subchapter shall bar or preclude the party injured from bringing any cause of action for trespass or ejectment, or any other action, against the offending party.

(b) All claims, causes of action, and actions which have accrued, occurred, or been filed prior to March 23, 1981, and arising under acts repealed shall be, and remain, in full force and effect, but shall be governed by the terms of this subchapter.

Acts 1981, No. 615, §§ 12, 13; A.S.A. 1947, § 34-1512.
Ark. Code Ann. § 18-60-412 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-412
Judgment
Status: in_force

(a) The court shall ascertain, from the evidence in case of default or from the confession by answer of the parties, if they appear, and shall declare the rights, titles, and interests of all the parties to the proceedings, petitioners as well as defendants, so far as they shall have appeared. (b) The court shall determine the rights of the parties in the lands and tenements and give judgment that partition be made between such of them as shall have any right therein, in accordance with the right thus ascertained. Rev. Stat., ch. 107, § 14; C. & M. Dig., § 8100; Pope's Dig., § 10520; A.S.A. 1947, § 34-1813.

(a) The court shall ascertain, from the evidence in case of default or from the confession by answer of the parties, if they appear, and shall declare the rights, titles, and interests of all the parties to the proceedings, petitioners as well as defendants, so far as they shall have appeared.

(b) The court shall determine the rights of the parties in the lands and tenements and give judgment that partition be made between such of them as shall have any right therein, in accordance with the right thus ascertained.

Rev. Stat., ch. 107, § 14; C. & M. Dig., § 8100; Pope's Dig., § 10520; A.S.A. 1947, § 34-1813.
Ark. Code Ann. § 18-14-406 — AR Code / Title 18 / Chapter 14 / Subchapter 4 / Section 18-14-406
Other statutes not applicable
Status: in_force

(a) A time-share plan in which a public offering statement is prepared under this chapter does not require registration under any of the following: (1) Arkansas Securities Act, § 23-42-101 et seq.; or (2) Any other Arkansas statute that requires a public offering statement or substantially similar document for distribution to purchasers. (b) (1) A time-share plan that fails to restrict the price at which an owner may sell or exchange his or her time-share interest does not by that failure cause the time-share interest to become a security under the Arkansas Securities Act, § 23-42-101 et seq. (2) An exchange agent offering a time-share interest for exchange is not considered to be offering a security under the Arkansas Securities Act, § 23-42-101 et seq. Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013. Acts 1983, No. 294, Art. 3, § 3-105; A.S.A. 1947, § 50-1319.

(a) A time-share plan in which a public offering statement is prepared under this chapter does not require registration under any of the following: (1) Arkansas Securities Act, § 23-42-101 et seq.; or (2) Any other Arkansas statute that requires a public offering statement or substantially similar document for distribution to purchasers.

(1) Arkansas Securities Act, § 23-42-101 et seq.; or

(2) Any other Arkansas statute that requires a public offering statement or substantially similar document for distribution to purchasers.

(b) (1) A time-share plan that fails to restrict the price at which an owner may sell or exchange his or her time-share interest does not by that failure cause the time-share interest to become a security under the Arkansas Securities Act, § 23-42-101 et seq. (2) An exchange agent offering a time-share interest for exchange is not considered to be offering a security under the Arkansas Securities Act, § 23-42-101 et seq.

(1) A time-share plan that fails to restrict the price at which an owner may sell or exchange his or her time-share interest does not by that failure cause the time-share interest to become a security under the Arkansas Securities Act, § 23-42-101 et seq.

(2) An exchange agent offering a time-share interest for exchange is not considered to be offering a security under the Arkansas Securities Act, § 23-42-101 et seq.

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

Acts 1983, No. 294, Art. 3, § 3-105; A.S.A. 1947, § 50-1319.
Ark. Code Ann. § 18-28-202 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-202
Presumptions of abandonment
Status: in_force

(a) Property is presumed abandoned if it is unclaimed by the apparent owner during the time stated below for the particular property: (1) Traveler's check, fifteen (15) years after issuance; (2) Money order, seven (7) years after issuance; (3) Stock or other equity interest in a business association or financial organization, including a security entitlement under the Uniform Commercial Code - Investment Securities, § 4-8-101 et seq., seven (7) years after the earlier of: (A) The date of the most recent dividend, stock split, or other distribution unclaimed by the apparent owner; (B) The date of the second mailing of a statement of account or other notification or communication that was returned as undeliverable or after the holder discontinued mailings, notifications, or communications to the apparent owner; or (C) The date that the security holder or payee is presumed lost or unresponsive under 17 C.F.R. § 240.17Ad-17 , as it existed on January 23, 2013; (4) Debt of a business association or financial organization, other than a bearer bond or an original issue discount bond, three (3) years after the date of the most recent interest payment unclaimed by the apparent owner; (5) A demand, savings, or time deposit, including a deposit that is automatically renewable, three (3) years after the earlier of maturity or the date of the last indication by the owner of interest in the property; but a deposit that is automatically renewable is not matured for purposes of this section upon its initial date of maturity, unless the most recent correspondence from the financial organization to the owner has been returned unclaimed or undelivered to the financial organization by the postal service; (6) Money or credits owed to a customer as a result of a retail business transaction, three (3) years after the obligation accrued; (7) Amount owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, three (3) years after the obligation to pay arose or, in the case of a policy or annuity payable upon proof of death, three (3) years after the insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based; (8) Property distributable by a business association or financial organization in a course of dissolution, one (1) year after the property becomes distributable; (9) Property received by a court as proceeds of a class action, and not distributed pursuant to the judgment, one (1) year after the distribution date; (10) Property held by a court, government, governmental subdivision, agency, or instrumentality, one (1) year after the property becomes distributable; (11) Wages or other compensation for personal services, one (1) year after the compensation becomes payable; (12) Deposit or refund owed to a subscriber by a utility, one (1) year after the deposit or refund becomes payable; (13) Property in an individual retirement account, defined benefit plan, or other account or plan that is qualified for tax deferral under the income tax laws of the United States, three (3) years after the earliest of the date of the distribution or attempted distribution of the property, the date of the required distribution as stated in the plan or trust agreement governing the plan, or the date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; (14) All other property, three (3) years after the owner's right to demand the property or after the obligation to pay or distribute the property arises, whichever first occurs; and (15) Unclaimed property payable or distributable in the course of a demutualization of an insurance company three (3) years after the earlier of: (A) The date of last contact with the policy holder; or (B) The date the property became payable or distributable. (b) At the time that an interest is presumed abandoned under subsection (a), any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned. (c) Property is unclaimed if, for the applicable period set forth in subsection (a), the apparent owner has not communicated in writing or by other means reflected in a contemporaneous record prepared by or on behalf of the holder, with the holder concerning the property or the account in which the property is held, and has not otherwise indicated an interest in the property. A communication with an owner by a person other than the holder or its representative who has not in writing identified the property to the owner is not an indication of interest in the property by the owner. (d) An indication of an owner's interest in property includes: (1) the presentment of a check or other instrument of payment of a dividend or other distribution made with respect to an account or underlying stock or other interest in a business association or financial organization or, in the case of a distribution made by electronic or similar means, evidence that the distribution has been received; (2) owner-directed activity in the account in which the property is held, including a direction by the owner to increase, decrease, or change the amount or type of property held in the account; (3) the making of a deposit to or withdrawal from a bank account; (4) correspondence from the financial organization to the owner of the property by mail, which correspondence has not been returned unclaimed or undelivered to the financial organization by the postal service; and (5) the payment of a premium with respect to a property interest in an insurance policy; but the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy has otherwise become entitled to the proceeds before the depletion of the cash surrender value of a policy by the application of those provisions. (e) Property is payable or distributable for purposes of this subchapter notwithstanding the owner's failure to make demand or present an instrument or document otherwise required to obtain payment. Amended by Act 2017, No. 421,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1039,§ 1, eff. 7/22/2015. Acts 1999, No. 850, § 2; 2001, No. 793, §§ 1, 2; 2003, No. 491, § 1.

(a) Property is presumed abandoned if it is unclaimed by the apparent owner during the time stated below for the particular property: (1) Traveler's check, fifteen (15) years after issuance; (2) Money order, seven (7) years after issuance; (3) Stock or other equity interest in a business association or financial organization, including a security entitlement under the Uniform Commercial Code - Investment Securities, § 4-8-101 et seq., seven (7) years after the earlier of: (A) The date of the most recent dividend, stock split, or other distribution unclaimed by the apparent owner; (B) The date of the second mailing of a statement of account or other notification or communication that was returned as undeliverable or after the holder discontinued mailings, notifications, or communications to the apparent owner; or (C) The date that the security holder or payee is presumed lost or unresponsive under 17 C.F.R. § 240.17Ad-17 , as it existed on January 23, 2013; (4) Debt of a business association or financial organization, other than a bearer bond or an original issue discount bond, three (3) years after the date of the most recent interest payment unclaimed by the apparent owner; (5) A demand, savings, or time deposit, including a deposit that is automatically renewable, three (3) years after the earlier of maturity or the date of the last indication by the owner of interest in the property; but a deposit that is automatically renewable is not matured for purposes of this section upon its initial date of maturity, unless the most recent correspondence from the financial organization to the owner has been returned unclaimed or undelivered to the financial organization by the postal service; (6) Money or credits owed to a customer as a result of a retail business transaction, three (3) years after the obligation accrued; (7) Amount owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, three (3) years after the obligation to pay arose or, in the case of a policy or annuity payable upon proof of death, three (3) years after the insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based; (8) Property distributable by a business association or financial organization in a course of dissolution, one (1) year after the property becomes distributable; (9) Property received by a court as proceeds of a class action, and not distributed pursuant to the judgment, one (1) year after the distribution date; (10) Property held by a court, government, governmental subdivision, agency, or instrumentality, one (1) year after the property becomes distributable; (11) Wages or other compensation for personal services, one (1) year after the compensation becomes payable; (12) Deposit or refund owed to a subscriber by a utility, one (1) year after the deposit or refund becomes payable; (13) Property in an individual retirement account, defined benefit plan, or other account or plan that is qualified for tax deferral under the income tax laws of the United States, three (3) years after the earliest of the date of the distribution or attempted distribution of the property, the date of the required distribution as stated in the plan or trust agreement governing the plan, or the date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; (14) All other property, three (3) years after the owner's right to demand the property or after the obligation to pay or distribute the property arises, whichever first occurs; and (15) Unclaimed property payable or distributable in the course of a demutualization of an insurance company three (3) years after the earlier of: (A) The date of last contact with the policy holder; or (B) The date the property became payable or distributable.

(1) Traveler's check, fifteen (15) years after issuance;

(2) Money order, seven (7) years after issuance;

(3) Stock or other equity interest in a business association or financial organization, including a security entitlement under the Uniform Commercial Code - Investment Securities, § 4-8-101 et seq., seven (7) years after the earlier of: (A) The date of the most recent dividend, stock split, or other distribution unclaimed by the apparent owner; (B) The date of the second mailing of a statement of account or other notification or communication that was returned as undeliverable or after the holder discontinued mailings, notifications, or communications to the apparent owner; or (C) The date that the security holder or payee is presumed lost or unresponsive under 17 C.F.R. § 240.17Ad-17 , as it existed on January 23, 2013;

(A) The date of the most recent dividend, stock split, or other distribution unclaimed by the apparent owner;

(B) The date of the second mailing of a statement of account or other notification or communication that was returned as undeliverable or after the holder discontinued mailings, notifications, or communications to the apparent owner; or

(C) The date that the security holder or payee is presumed lost or unresponsive under 17 C.F.R. § 240.17Ad-17 , as it existed on January 23, 2013;

(4) Debt of a business association or financial organization, other than a bearer bond or an original issue discount bond, three (3) years after the date of the most recent interest payment unclaimed by the apparent owner;

(5) A demand, savings, or time deposit, including a deposit that is automatically renewable, three (3) years after the earlier of maturity or the date of the last indication by the owner of interest in the property; but a deposit that is automatically renewable is not matured for purposes of this section upon its initial date of maturity, unless the most recent correspondence from the financial organization to the owner has been returned unclaimed or undelivered to the financial organization by the postal service;

(6) Money or credits owed to a customer as a result of a retail business transaction, three (3) years after the obligation accrued;

(7) Amount owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, three (3) years after the obligation to pay arose or, in the case of a policy or annuity payable upon proof of death, three (3) years after the insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based;

(8) Property distributable by a business association or financial organization in a course of dissolution, one (1) year after the property becomes distributable;

(9) Property received by a court as proceeds of a class action, and not distributed pursuant to the judgment, one (1) year after the distribution date;

(10) Property held by a court, government, governmental subdivision, agency, or instrumentality, one (1) year after the property becomes distributable;

(11) Wages or other compensation for personal services, one (1) year after the compensation becomes payable;

(12) Deposit or refund owed to a subscriber by a utility, one (1) year after the deposit or refund becomes payable;

(13) Property in an individual retirement account, defined benefit plan, or other account or plan that is qualified for tax deferral under the income tax laws of the United States, three (3) years after the earliest of the date of the distribution or attempted distribution of the property, the date of the required distribution as stated in the plan or trust agreement governing the plan, or the date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty;

(14) All other property, three (3) years after the owner's right to demand the property or after the obligation to pay or distribute the property arises, whichever first occurs; and

(15) Unclaimed property payable or distributable in the course of a demutualization of an insurance company three (3) years after the earlier of: (A) The date of last contact with the policy holder; or (B) The date the property became payable or distributable.

(A) The date of last contact with the policy holder; or

(B) The date the property became payable or distributable.

(b) At the time that an interest is presumed abandoned under subsection (a), any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned.

(c) Property is unclaimed if, for the applicable period set forth in subsection (a), the apparent owner has not communicated in writing or by other means reflected in a contemporaneous record prepared by or on behalf of the holder, with the holder concerning the property or the account in which the property is held, and has not otherwise indicated an interest in the property. A communication with an owner by a person other than the holder or its representative who has not in writing identified the property to the owner is not an indication of interest in the property by the owner.

(d) An indication of an owner's interest in property includes: (1) the presentment of a check or other instrument of payment of a dividend or other distribution made with respect to an account or underlying stock or other interest in a business association or financial organization or, in the case of a distribution made by electronic or similar means, evidence that the distribution has been received; (2) owner-directed activity in the account in which the property is held, including a direction by the owner to increase, decrease, or change the amount or type of property held in the account; (3) the making of a deposit to or withdrawal from a bank account; (4) correspondence from the financial organization to the owner of the property by mail, which correspondence has not been returned unclaimed or undelivered to the financial organization by the postal service; and (5) the payment of a premium with respect to a property interest in an insurance policy; but the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy has otherwise become entitled to the proceeds before the depletion of the cash surrender value of a policy by the application of those provisions.

(1) the presentment of a check or other instrument of payment of a dividend or other distribution made with respect to an account or underlying stock or other interest in a business association or financial organization or, in the case of a distribution made by electronic or similar means, evidence that the distribution has been received;

(2) owner-directed activity in the account in which the property is held, including a direction by the owner to increase, decrease, or change the amount or type of property held in the account;

(3) the making of a deposit to or withdrawal from a bank account;

(4) correspondence from the financial organization to the owner of the property by mail, which correspondence has not been returned unclaimed or undelivered to the financial organization by the postal service; and

(5) the payment of a premium with respect to a property interest in an insurance policy; but the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy has otherwise become entitled to the proceeds before the depletion of the cash surrender value of a policy by the application of those provisions.

(e) Property is payable or distributable for purposes of this subchapter notwithstanding the owner's failure to make demand or present an instrument or document otherwise required to obtain payment.

Amended by Act 2017, No. 421,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1039,§ 1, eff. 7/22/2015.

Acts 1999, No. 850, § 2; 2001, No. 793, §§ 1, 2; 2003, No. 491, § 1.
Ark. Code Ann. § 18-42-103 — AR Code / Title 18 / Chapter 42 / Section 18-42-103
Out-of-state contracts binding
Status: in_force

Contracts made with laborers or employers beyond the limits of this state for labor or services to be performed in this state shall be as binding as if entered into within this state. Acts 1883, No. 96, § 1, p. 176; C. & M. Dig., § 6878; Pope's Dig., § 8834; A.S.A. 1947, § 51-501.

Contracts made with laborers or employers beyond the limits of this state for labor or services to be performed in this state shall be as binding as if entered into within this state.

Acts 1883, No. 96, § 1, p. 176; C. & M. Dig., § 6878; Pope's Dig., § 8834; A.S.A. 1947, § 51-501.
Ark. Code Ann. § 18-43-117 — AR Code / Title 18 / Chapter 43 / Section 18-43-117
Bill of sale or deed
Status: in_force

The officers making any sale as provided in this chapter shall make out the necessary bill of sale or deed. Acts 1868, No. 64, § 16, p. 224; C. & M. Dig., § 6861; Pope's Dig., § 8817; A.S.A. 1947, § 51-314.

The officers making any sale as provided in this chapter shall make out the necessary bill of sale or deed.

Acts 1868, No. 64, § 16, p. 224; C. & M. Dig., § 6861; Pope's Dig., § 8817; A.S.A. 1947, § 51-314.
Ark. Code Ann. § 18-45-401 — AR Code / Title 18 / Chapter 45 / Subchapter 4 / Section 18-45-401
Absolute lien
Status: in_force

Cleaners, launderers, dyers, tailors, hat renovators, and shoe repairers, whether individuals, firms, or corporations, who perform work and labor on any object, thing, material, or property shall have an absolute lien on the object, thing, material, or property for the labor done and performed for the sum of money due for the work and labor. Acts 1939, No. 98, § 1; A.S.A. 1947, § 51-417.

Cleaners, launderers, dyers, tailors, hat renovators, and shoe repairers, whether individuals, firms, or corporations, who perform work and labor on any object, thing, material, or property shall have an absolute lien on the object, thing, material, or property for the labor done and performed for the sum of money due for the work and labor.

Acts 1939, No. 98, § 1; A.S.A. 1947, § 51-417.
Ark. Code Ann. § 18-28-207 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-207
Report of abandoned property
Status: in_force

(a) A holder of property presumed abandoned shall make a report to the administrator concerning the property. (b) The report must be verified and must contain: (1) a description of the property; (2) except with respect to a traveler's check or money order, the name, if known, and last known address, if any, and the social security number or taxpayer identification number, if readily ascertainable, of the apparent owner of property of the value of fifty dollars ($50.00) or more; (3) an aggregated amount of items valued under fifty dollars ($50.00) each; (4) in the case of an amount of fifty dollars ($50.00) or more held or owing under an annuity or a life or endowment insurance policy, the full name and last known address of the annuitant or insured and of the beneficiary; (5) in the case of property held in a safe deposit box or other safekeeping depository, an indication of the place where it is held and where it may be inspected by the administrator, and any amounts owing to the holder; (6) the date, if any, on which the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property; and (7) other information that the administrator by rule prescribes as necessary for the administration of this subchapter. (c) If a holder of property presumed abandoned is a successor to another person who previously held the property for the apparent owner or the holder has changed its name while holding the property, the holder shall file with the report its former names, if any, and the known names and addresses of all previous holders of the property. (d) The report must be filed before November 1 of each year and cover the twelve (12) months next preceding July 1 of that year, but a report with respect to a life insurance company, including the report and remittance of unclaimed insurance company demutualization proceeds made under § 18-28-202(a)(15) , must be filed before May 1 of each year for the calendar year next preceding. (e) (1) The holder of property presumed abandoned shall send written notice to the apparent owner, not more than one hundred eighty (180) days or less than ninety (90) days before filing the report, stating that the holder is in possession of property subject to this subchapter, if: (A) the holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate; (B) the claim of the apparent owner is not barred by a statute of limitations; and (C) the value of the property is fifty dollars ($50.00) or more. (2) If the property presumed abandoned is a security or security entitlement under the Uniform Commercial Code - Investment Securities, § 4-8-101 et seq., or tangible property held in a safe deposit box or other safekeeping depository in this state, the holder shall send the notice required under subdivision (e)(1) of this section by letter. (f) Before the date for filing the report, the holder of property presumed abandoned may request the administrator to extend the time for filing the report. The administrator may grant the extension for good cause. The holder, upon receipt of the extension, may make an interim payment on the amount the holder estimates will ultimately be due, which terminates the accrual of additional interest on the amount paid. (g) The holder of property presumed abandoned shall file with the report an affidavit stating that the holder has complied with subsection (e). Amended by Act 2017, No. 622,§ 1, eff. 8/1/2017. Acts 1999, No. 850, § 7; 2003, No. 491, § 2.

(a) A holder of property presumed abandoned shall make a report to the administrator concerning the property.

(b) The report must be verified and must contain: (1) a description of the property; (2) except with respect to a traveler's check or money order, the name, if known, and last known address, if any, and the social security number or taxpayer identification number, if readily ascertainable, of the apparent owner of property of the value of fifty dollars ($50.00) or more; (3) an aggregated amount of items valued under fifty dollars ($50.00) each; (4) in the case of an amount of fifty dollars ($50.00) or more held or owing under an annuity or a life or endowment insurance policy, the full name and last known address of the annuitant or insured and of the beneficiary; (5) in the case of property held in a safe deposit box or other safekeeping depository, an indication of the place where it is held and where it may be inspected by the administrator, and any amounts owing to the holder; (6) the date, if any, on which the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property; and (7) other information that the administrator by rule prescribes as necessary for the administration of this subchapter.

(1) a description of the property;

(2) except with respect to a traveler's check or money order, the name, if known, and last known address, if any, and the social security number or taxpayer identification number, if readily ascertainable, of the apparent owner of property of the value of fifty dollars ($50.00) or more;

(3) an aggregated amount of items valued under fifty dollars ($50.00) each;

(4) in the case of an amount of fifty dollars ($50.00) or more held or owing under an annuity or a life or endowment insurance policy, the full name and last known address of the annuitant or insured and of the beneficiary;

(5) in the case of property held in a safe deposit box or other safekeeping depository, an indication of the place where it is held and where it may be inspected by the administrator, and any amounts owing to the holder;

(6) the date, if any, on which the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property; and

(7) other information that the administrator by rule prescribes as necessary for the administration of this subchapter.

(c) If a holder of property presumed abandoned is a successor to another person who previously held the property for the apparent owner or the holder has changed its name while holding the property, the holder shall file with the report its former names, if any, and the known names and addresses of all previous holders of the property.

(d) The report must be filed before November 1 of each year and cover the twelve (12) months next preceding July 1 of that year, but a report with respect to a life insurance company, including the report and remittance of unclaimed insurance company demutualization proceeds made under § 18-28-202(a)(15) , must be filed before May 1 of each year for the calendar year next preceding.

(e) (1) The holder of property presumed abandoned shall send written notice to the apparent owner, not more than one hundred eighty (180) days or less than ninety (90) days before filing the report, stating that the holder is in possession of property subject to this subchapter, if: (A) the holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate; (B) the claim of the apparent owner is not barred by a statute of limitations; and (C) the value of the property is fifty dollars ($50.00) or more. (2) If the property presumed abandoned is a security or security entitlement under the Uniform Commercial Code - Investment Securities, § 4-8-101 et seq., or tangible property held in a safe deposit box or other safekeeping depository in this state, the holder shall send the notice required under subdivision (e)(1) of this section by letter.

(1) The holder of property presumed abandoned shall send written notice to the apparent owner, not more than one hundred eighty (180) days or less than ninety (90) days before filing the report, stating that the holder is in possession of property subject to this subchapter, if: (A) the holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate; (B) the claim of the apparent owner is not barred by a statute of limitations; and (C) the value of the property is fifty dollars ($50.00) or more.

(A) the holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate;

(B) the claim of the apparent owner is not barred by a statute of limitations; and

(C) the value of the property is fifty dollars ($50.00) or more.

(2) If the property presumed abandoned is a security or security entitlement under the Uniform Commercial Code - Investment Securities, § 4-8-101 et seq., or tangible property held in a safe deposit box or other safekeeping depository in this state, the holder shall send the notice required under subdivision (e)(1) of this section by letter.

(f) Before the date for filing the report, the holder of property presumed abandoned may request the administrator to extend the time for filing the report. The administrator may grant the extension for good cause. The holder, upon receipt of the extension, may make an interim payment on the amount the holder estimates will ultimately be due, which terminates the accrual of additional interest on the amount paid.

(g) The holder of property presumed abandoned shall file with the report an affidavit stating that the holder has complied with subsection (e).

Amended by Act 2017, No. 622,§ 1, eff. 8/1/2017.

Acts 1999, No. 850, § 7; 2003, No. 491, § 2.
Ark. Code Ann. § 18-60-901 — AR Code / Title 18 / Chapter 60 / Subchapter 9 / Section 18-60-901
Petition to vacate
Status: in_force

(a) The owners of realty that is encumbered by a public utility easement and located outside the boundaries of any city or town may petition the county court to vacate the public utility easement. (b) The petition shall clearly describe the easement. Acts 1987, No. 494, § 1.

(a) The owners of realty that is encumbered by a public utility easement and located outside the boundaries of any city or town may petition the county court to vacate the public utility easement.

(b) The petition shall clearly describe the easement.

Acts 1987, No. 494, § 1.
Ark. Code Ann. § 18-15-603 — AR Code / Title 18 / Chapter 15 / Subchapter 6 / Section 18-15-603
Survey and map required
Status: in_force

Whenever a corporation proposes to construct or extend the work or proposes to extend its line of works so as to connect with any river, lake, creek, spring branch, or spring and direct the water of any river, lake, creek, spring branch, or spring or body of water within its waterworks, it shall proceed as follows: (1) (A) That corporation shall cause to be made a survey of the line along which it proposes to construct or extend the waterworks, and of all lands and other property to be affected by flowage, drainage, or by the construction of ditches, drains, conduits, aqueducts, or otherwise. (B) For that purpose the corporation by its officers and agents may enter any land for the purpose of making the surveys and measurements or for obtaining any other necessary information relative to the construction or extension of the waterworks, doing no unnecessary damage to the real estate; and (2) (A) After the survey has been made and the line located, the corporation shall cause to be made a map showing the location of the line, extension, and improvements and the lands necessary to be taken for the construction, extension, or improvement, and all lands or other property to be affected by flowage, drainage, or otherwise. (B) The map shall be verified under oath by the surveyor making the map as just and correct, as he or she verily believes. (C) The map shall also be acknowledged by the mayor, clerk, or recorder or other proper officer of the city, town, or village seeking to condemn and take the real estate, or by the president, secretary, or director of the corporation seeking to condemn and take the real estate. Acts 1895, No. 126, § 4, p. 183; C. & M. Dig., § 4037; Acts 1931, No. 154, § 2; Pope's Dig., § 5039; A.S.A. 1947, § 35-404.

Whenever a corporation proposes to construct or extend the work or proposes to extend its line of works so as to connect with any river, lake, creek, spring branch, or spring and direct the water of any river, lake, creek, spring branch, or spring or body of water within its waterworks, it shall proceed as follows:

(1) (A) That corporation shall cause to be made a survey of the line along which it proposes to construct or extend the waterworks, and of all lands and other property to be affected by flowage, drainage, or by the construction of ditches, drains, conduits, aqueducts, or otherwise. (B) For that purpose the corporation by its officers and agents may enter any land for the purpose of making the surveys and measurements or for obtaining any other necessary information relative to the construction or extension of the waterworks, doing no unnecessary damage to the real estate; and

(A) That corporation shall cause to be made a survey of the line along which it proposes to construct or extend the waterworks, and of all lands and other property to be affected by flowage, drainage, or by the construction of ditches, drains, conduits, aqueducts, or otherwise.

(B) For that purpose the corporation by its officers and agents may enter any land for the purpose of making the surveys and measurements or for obtaining any other necessary information relative to the construction or extension of the waterworks, doing no unnecessary damage to the real estate; and

(2) (A) After the survey has been made and the line located, the corporation shall cause to be made a map showing the location of the line, extension, and improvements and the lands necessary to be taken for the construction, extension, or improvement, and all lands or other property to be affected by flowage, drainage, or otherwise. (B) The map shall be verified under oath by the surveyor making the map as just and correct, as he or she verily believes. (C) The map shall also be acknowledged by the mayor, clerk, or recorder or other proper officer of the city, town, or village seeking to condemn and take the real estate, or by the president, secretary, or director of the corporation seeking to condemn and take the real estate.

(A) After the survey has been made and the line located, the corporation shall cause to be made a map showing the location of the line, extension, and improvements and the lands necessary to be taken for the construction, extension, or improvement, and all lands or other property to be affected by flowage, drainage, or otherwise.

(B) The map shall be verified under oath by the surveyor making the map as just and correct, as he or she verily believes.

(C) The map shall also be acknowledged by the mayor, clerk, or recorder or other proper officer of the city, town, or village seeking to condemn and take the real estate, or by the president, secretary, or director of the corporation seeking to condemn and take the real estate.

Acts 1895, No. 126, § 4, p. 183; C. & M. Dig., § 4037; Acts 1931, No. 154, § 2; Pope's Dig., § 5039; A.S.A. 1947, § 35-404.
Ark. Code Ann. § 18-17-303 — AR Code / Title 18 / Chapter 17 / Subchapter 3 / Section 18-17-303
Notice
Status: in_force

(a) (1) A person has notice of a fact if: (A) The person has actual knowledge of it; (B) The person has received a notice or notification of it; or (C) From all the facts and circumstances known to him or her at the time in question, he or she has reason to know that it exists. (2) A person knows or has knowledge of a fact if he or she has actual knowledge of it. (b) (1) A person notifies or gives a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. (2) A person receives a notice or notification when: (A) It comes to his or her attention; or (B) In the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication; or (C) (i) In the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to the tenant at the place held out by him or her as the place for receipt of the communication, or in the absence of the designation, to the tenant's last known place of residence. (ii) Proof of mailing pursuant to this subsection constitutes notice without proof of receipt. (c) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction, and in any event from the time it would have been brought to the individual's attention if the organization had exercised reasonable diligence. (d) The time within which an act is to be done shall be computed by reference to the Arkansas Rules of Civil Procedure. Acts 2007, No. 1004, § 1.

(a) (1) A person has notice of a fact if: (A) The person has actual knowledge of it; (B) The person has received a notice or notification of it; or (C) From all the facts and circumstances known to him or her at the time in question, he or she has reason to know that it exists. (2) A person knows or has knowledge of a fact if he or she has actual knowledge of it.

(1) A person has notice of a fact if: (A) The person has actual knowledge of it; (B) The person has received a notice or notification of it; or (C) From all the facts and circumstances known to him or her at the time in question, he or she has reason to know that it exists.

(A) The person has actual knowledge of it;

(B) The person has received a notice or notification of it; or

(C) From all the facts and circumstances known to him or her at the time in question, he or she has reason to know that it exists.

(2) A person knows or has knowledge of a fact if he or she has actual knowledge of it.

(b) (1) A person notifies or gives a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. (2) A person receives a notice or notification when: (A) It comes to his or her attention; or (B) In the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication; or (C) (i) In the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to the tenant at the place held out by him or her as the place for receipt of the communication, or in the absence of the designation, to the tenant's last known place of residence. (ii) Proof of mailing pursuant to this subsection constitutes notice without proof of receipt.

(1) A person notifies or gives a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it.

(2) A person receives a notice or notification when: (A) It comes to his or her attention; or (B) In the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication; or (C) (i) In the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to the tenant at the place held out by him or her as the place for receipt of the communication, or in the absence of the designation, to the tenant's last known place of residence. (ii) Proof of mailing pursuant to this subsection constitutes notice without proof of receipt.

(A) It comes to his or her attention; or

(B) In the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication; or

(C) (i) In the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to the tenant at the place held out by him or her as the place for receipt of the communication, or in the absence of the designation, to the tenant's last known place of residence. (ii) Proof of mailing pursuant to this subsection constitutes notice without proof of receipt.

(i) In the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to the tenant at the place held out by him or her as the place for receipt of the communication, or in the absence of the designation, to the tenant's last known place of residence.

(ii) Proof of mailing pursuant to this subsection constitutes notice without proof of receipt.

(c) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction, and in any event from the time it would have been brought to the individual's attention if the organization had exercised reasonable diligence.

(d) The time within which an act is to be done shall be computed by reference to the Arkansas Rules of Civil Procedure.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-44-118 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-118
Filing of bond in contest of lien
Status: in_force

(a) (1) In the event any person claiming a lien for labor or materials upon any property shall file such a lien within the time and in the manner required by law with the circuit clerk or other officer provided by law for the filing of such a lien, and if the owner of the property, any mortgagee or other person having an interest in the property, or any contractor, subcontractor, or other person liable for the payment of such a lien shall desire to contest the lien, then the person so desiring to contest the lien may file: (A) With the circuit clerk or other officer with whom the lien is filed as required by law a bond with surety, to be approved by the officer in the amount of the lien claimed; or (B) An action under subsection (f) of this section to protest the filing of the lien. (2) The bond shall be conditioned for the payment of the amount of the lien, or so much of the lien as may be established by suit, together with interest and the costs of the action, if upon trial it shall be found that the property was subject to the lien. (b) (1) (A) Upon the filing of the bond, if the circuit clerk or other officer before whom it is filed approves the surety, he or she shall give to the person claiming the lien, at his or her last known address, three (3) days' notice of the filing of the bond. (B) The notice shall be in writing and served by any: (i) Officer authorized by law to serve process in a civil action; or (ii) Form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee. (2) (A) Within the three (3) days' notice, the person claiming the lien may appear and question the sufficiency of the surety or form of the bond. (B) At the expiration of three (3) days, if the person claiming the lien shall not have questioned the sufficiency of the bond or surety or if the circuit clerk finds the bond to be sufficient, the circuit clerk shall note the filing of the bond upon the margin of the lien record and the lien shall then be discharged and the claimant shall have recourse only against the principal and surety upon the bond. (c) (1) If no action to enforce the lien shall be filed within the time prescribed by law for the enforcement of a lien against the surety, the bond shall be null and void. (2) However, if any action shall be timely commenced, the surety shall be liable in like manner as the principal. (d) If the circuit clerk shall determine that the bond tendered is insufficient, the person tendering the bond shall have twenty-four (24) hours within which to tender a sufficient bond, and unless a sufficient bond shall be so tendered, the lien shall remain in full force and effect. (e) (1) Any party aggrieved by the acceptance or rejection of the bond may apply to any court of competent jurisdiction by an action which is appropriate. (2) Upon notice as required by law, the court shall have jurisdiction to enter an interlocutory order as may be necessary for the protection of the parties by: (A) Requiring additional security for the bond; (B) Reinstating the lien in default of the bond, pending trial and hearing; or (C) Requiring acceptance of the bond as may be necessary for the protection of the parties. (f) (1) A protest under subdivision (a)(1)(B) of this section shall be filed as a civil action in the circuit court of the county where the lien is filed. (2) The issues in the action shall be limited to whether: (A) The lien was filed in the form required by § 18-44-117 ; and (B) All of the applicable requirements of §§ 18-44-114 and 18-44-115 were satisfied. (3) (A) The summons shall be in customary form directed to the sheriff of the county in which the action is filed, with directions for service of the summons on the named defendants. In addition, the clerk of the circuit court shall issue and direct the sheriff to serve upon the named defendants a notice in the following form: Click here to view form. (B) If within five (5) days, excluding Sundays and legal holidays, following service of the summons, complaint, and notice the defendant or defendants have not filed a written objection to the claim of the plaintiff, the court shall immediately issue an order discharging the lien upon the property described in the complaint. (C) If a written objection to the claim of the plaintiff is filed by the defendant or defendants within five (5) days from the date of service of the notice, summons, and complaint, the plaintiff shall obtain a date for the hearing of the plaintiff's complaint and shall give notice of the date, time, and place of the hearing to all defendants. (4) (A) The action shall be heard as expeditiously as the business of the circuit court permits. (B) Evidence may be presented by affidavit, subject to Rule 56(e),(f), and (g) of the Arkansas Rules of Civil Procedure. (5) If the circuit court finds that the lien was not in the form required by § 18-44-117 or that the applicable requirements of §§ 18-44-114 and 18-44-115 were not satisfied, then the circuit court shall enter an order discharging the lien. (6) The prevailing party shall be entitled to a reasonable attorney's fee and the costs of the protest. (g) Nothing in this section shall be construed to limit the right of an owner, mortgagee, or any other person with an interest in the property to contest the lien by declaratory judgment proceedings under § 16-111-101 et seq. Acts 1963, No. 66, § 2; A.S.A. 1947, § 51-641; Acts 2005, No. 2287, § 2; 2009, No. 454, § 3.

(a) (1) In the event any person claiming a lien for labor or materials upon any property shall file such a lien within the time and in the manner required by law with the circuit clerk or other officer provided by law for the filing of such a lien, and if the owner of the property, any mortgagee or other person having an interest in the property, or any contractor, subcontractor, or other person liable for the payment of such a lien shall desire to contest the lien, then the person so desiring to contest the lien may file: (A) With the circuit clerk or other officer with whom the lien is filed as required by law a bond with surety, to be approved by the officer in the amount of the lien claimed; or (B) An action under subsection (f) of this section to protest the filing of the lien. (2) The bond shall be conditioned for the payment of the amount of the lien, or so much of the lien as may be established by suit, together with interest and the costs of the action, if upon trial it shall be found that the property was subject to the lien.

(1) In the event any person claiming a lien for labor or materials upon any property shall file such a lien within the time and in the manner required by law with the circuit clerk or other officer provided by law for the filing of such a lien, and if the owner of the property, any mortgagee or other person having an interest in the property, or any contractor, subcontractor, or other person liable for the payment of such a lien shall desire to contest the lien, then the person so desiring to contest the lien may file: (A) With the circuit clerk or other officer with whom the lien is filed as required by law a bond with surety, to be approved by the officer in the amount of the lien claimed; or (B) An action under subsection (f) of this section to protest the filing of the lien.

(A) With the circuit clerk or other officer with whom the lien is filed as required by law a bond with surety, to be approved by the officer in the amount of the lien claimed; or

(B) An action under subsection (f) of this section to protest the filing of the lien.

(2) The bond shall be conditioned for the payment of the amount of the lien, or so much of the lien as may be established by suit, together with interest and the costs of the action, if upon trial it shall be found that the property was subject to the lien.

(b) (1) (A) Upon the filing of the bond, if the circuit clerk or other officer before whom it is filed approves the surety, he or she shall give to the person claiming the lien, at his or her last known address, three (3) days' notice of the filing of the bond. (B) The notice shall be in writing and served by any: (i) Officer authorized by law to serve process in a civil action; or (ii) Form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee. (2) (A) Within the three (3) days' notice, the person claiming the lien may appear and question the sufficiency of the surety or form of the bond. (B) At the expiration of three (3) days, if the person claiming the lien shall not have questioned the sufficiency of the bond or surety or if the circuit clerk finds the bond to be sufficient, the circuit clerk shall note the filing of the bond upon the margin of the lien record and the lien shall then be discharged and the claimant shall have recourse only against the principal and surety upon the bond.

(1) (A) Upon the filing of the bond, if the circuit clerk or other officer before whom it is filed approves the surety, he or she shall give to the person claiming the lien, at his or her last known address, three (3) days' notice of the filing of the bond. (B) The notice shall be in writing and served by any: (i) Officer authorized by law to serve process in a civil action; or (ii) Form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee.

(A) Upon the filing of the bond, if the circuit clerk or other officer before whom it is filed approves the surety, he or she shall give to the person claiming the lien, at his or her last known address, three (3) days' notice of the filing of the bond.

(B) The notice shall be in writing and served by any: (i) Officer authorized by law to serve process in a civil action; or (ii) Form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee.

(i) Officer authorized by law to serve process in a civil action; or

(ii) Form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee.

(2) (A) Within the three (3) days' notice, the person claiming the lien may appear and question the sufficiency of the surety or form of the bond. (B) At the expiration of three (3) days, if the person claiming the lien shall not have questioned the sufficiency of the bond or surety or if the circuit clerk finds the bond to be sufficient, the circuit clerk shall note the filing of the bond upon the margin of the lien record and the lien shall then be discharged and the claimant shall have recourse only against the principal and surety upon the bond.

(A) Within the three (3) days' notice, the person claiming the lien may appear and question the sufficiency of the surety or form of the bond.

(B) At the expiration of three (3) days, if the person claiming the lien shall not have questioned the sufficiency of the bond or surety or if the circuit clerk finds the bond to be sufficient, the circuit clerk shall note the filing of the bond upon the margin of the lien record and the lien shall then be discharged and the claimant shall have recourse only against the principal and surety upon the bond.

(c) (1) If no action to enforce the lien shall be filed within the time prescribed by law for the enforcement of a lien against the surety, the bond shall be null and void. (2) However, if any action shall be timely commenced, the surety shall be liable in like manner as the principal.

(1) If no action to enforce the lien shall be filed within the time prescribed by law for the enforcement of a lien against the surety, the bond shall be null and void.

(2) However, if any action shall be timely commenced, the surety shall be liable in like manner as the principal.

(d) If the circuit clerk shall determine that the bond tendered is insufficient, the person tendering the bond shall have twenty-four (24) hours within which to tender a sufficient bond, and unless a sufficient bond shall be so tendered, the lien shall remain in full force and effect.

(e) (1) Any party aggrieved by the acceptance or rejection of the bond may apply to any court of competent jurisdiction by an action which is appropriate. (2) Upon notice as required by law, the court shall have jurisdiction to enter an interlocutory order as may be necessary for the protection of the parties by: (A) Requiring additional security for the bond; (B) Reinstating the lien in default of the bond, pending trial and hearing; or (C) Requiring acceptance of the bond as may be necessary for the protection of the parties.

(1) Any party aggrieved by the acceptance or rejection of the bond may apply to any court of competent jurisdiction by an action which is appropriate.

(2) Upon notice as required by law, the court shall have jurisdiction to enter an interlocutory order as may be necessary for the protection of the parties by: (A) Requiring additional security for the bond; (B) Reinstating the lien in default of the bond, pending trial and hearing; or (C) Requiring acceptance of the bond as may be necessary for the protection of the parties.

(A) Requiring additional security for the bond;

(B) Reinstating the lien in default of the bond, pending trial and hearing; or

(C) Requiring acceptance of the bond as may be necessary for the protection of the parties.

(f) (1) A protest under subdivision (a)(1)(B) of this section shall be filed as a civil action in the circuit court of the county where the lien is filed. (2) The issues in the action shall be limited to whether: (A) The lien was filed in the form required by § 18-44-117 ; and (B) All of the applicable requirements of §§ 18-44-114 and 18-44-115 were satisfied. (3) (A) The summons shall be in customary form directed to the sheriff of the county in which the action is filed, with directions for service of the summons on the named defendants. In addition, the clerk of the circuit court shall issue and direct the sheriff to serve upon the named defendants a notice in the following form: Click here to view form. (B) If within five (5) days, excluding Sundays and legal holidays, following service of the summons, complaint, and notice the defendant or defendants have not filed a written objection to the claim of the plaintiff, the court shall immediately issue an order discharging the lien upon the property described in the complaint. (C) If a written objection to the claim of the plaintiff is filed by the defendant or defendants within five (5) days from the date of service of the notice, summons, and complaint, the plaintiff shall obtain a date for the hearing of the plaintiff's complaint and shall give notice of the date, time, and place of the hearing to all defendants. (4) (A) The action shall be heard as expeditiously as the business of the circuit court permits. (B) Evidence may be presented by affidavit, subject to Rule 56(e),(f), and (g) of the Arkansas Rules of Civil Procedure. (5) If the circuit court finds that the lien was not in the form required by § 18-44-117 or that the applicable requirements of §§ 18-44-114 and 18-44-115 were not satisfied, then the circuit court shall enter an order discharging the lien. (6) The prevailing party shall be entitled to a reasonable attorney's fee and the costs of the protest.

(1) A protest under subdivision (a)(1)(B) of this section shall be filed as a civil action in the circuit court of the county where the lien is filed.

(2) The issues in the action shall be limited to whether: (A) The lien was filed in the form required by § 18-44-117 ; and (B) All of the applicable requirements of §§ 18-44-114 and 18-44-115 were satisfied.

(A) The lien was filed in the form required by § 18-44-117 ; and

(B) All of the applicable requirements of §§ 18-44-114 and 18-44-115 were satisfied.

(3) (A) The summons shall be in customary form directed to the sheriff of the county in which the action is filed, with directions for service of the summons on the named defendants. In addition, the clerk of the circuit court shall issue and direct the sheriff to serve upon the named defendants a notice in the following form: Click here to view form. (B) If within five (5) days, excluding Sundays and legal holidays, following service of the summons, complaint, and notice the defendant or defendants have not filed a written objection to the claim of the plaintiff, the court shall immediately issue an order discharging the lien upon the property described in the complaint. (C) If a written objection to the claim of the plaintiff is filed by the defendant or defendants within five (5) days from the date of service of the notice, summons, and complaint, the plaintiff shall obtain a date for the hearing of the plaintiff's complaint and shall give notice of the date, time, and place of the hearing to all defendants.

(A) The summons shall be in customary form directed to the sheriff of the county in which the action is filed, with directions for service of the summons on the named defendants. In addition, the clerk of the circuit court shall issue and direct the sheriff to serve upon the named defendants a notice in the following form: Click here to view form.

Click here to view form.

(B) If within five (5) days, excluding Sundays and legal holidays, following service of the summons, complaint, and notice the defendant or defendants have not filed a written objection to the claim of the plaintiff, the court shall immediately issue an order discharging the lien upon the property described in the complaint.

(C) If a written objection to the claim of the plaintiff is filed by the defendant or defendants within five (5) days from the date of service of the notice, summons, and complaint, the plaintiff shall obtain a date for the hearing of the plaintiff's complaint and shall give notice of the date, time, and place of the hearing to all defendants.

(4) (A) The action shall be heard as expeditiously as the business of the circuit court permits. (B) Evidence may be presented by affidavit, subject to Rule 56(e),(f), and (g) of the Arkansas Rules of Civil Procedure.

(A) The action shall be heard as expeditiously as the business of the circuit court permits.

(B) Evidence may be presented by affidavit, subject to Rule 56(e),(f), and (g) of the Arkansas Rules of Civil Procedure.

(5) If the circuit court finds that the lien was not in the form required by § 18-44-117 or that the applicable requirements of §§ 18-44-114 and 18-44-115 were not satisfied, then the circuit court shall enter an order discharging the lien.

(6) The prevailing party shall be entitled to a reasonable attorney's fee and the costs of the protest.

(g) Nothing in this section shall be construed to limit the right of an owner, mortgagee, or any other person with an interest in the property to contest the lien by declaratory judgment proceedings under § 16-111-101 et seq.

Acts 1963, No. 66, § 2; A.S.A. 1947, § 51-641; Acts 2005, No. 2287, § 2; 2009, No. 454, § 3.

44_118_1 - Attachment
Ark. Code Ann. § 18-15-708 — AR Code / Title 18 / Chapter 15 / Subchapter 7 / Section 18-15-708
Refusal of permit
Status: in_force

If upon a view of the inquest returned by the sheriff and other evidence, if any shall be produced, it shall appear to the court that the dwelling of the proprietor, or outhouses, curtilages, or gardens thereunto belonging, or orchards, or fields will be overflowed, or that the health of the neighborhood will be materially annoyed by the stagnation of the waters consequent upon the erection of the proposed dam, then the court shall not permit the dam to be erected. Rev. Stat., ch. 98, § 14; C. & M. Dig., § 3956; Pope's Dig., § 4958; A.S.A. 1947, § 35-514.

If upon a view of the inquest returned by the sheriff and other evidence, if any shall be produced, it shall appear to the court that the dwelling of the proprietor, or outhouses, curtilages, or gardens thereunto belonging, or orchards, or fields will be overflowed, or that the health of the neighborhood will be materially annoyed by the stagnation of the waters consequent upon the erection of the proposed dam, then the court shall not permit the dam to be erected.

Rev. Stat., ch. 98, § 14; C. & M. Dig., § 3956; Pope's Dig., § 4958; A.S.A. 1947, § 35-514.
Ark. Code Ann. § 18-60-205 — AR Code / Title 18 / Chapter 60 / Subchapter 2 / Section 18-60-205
Pleadings
Status: in_force

(a) (1) In all actions for the recovery of lands, except in actions of forcible entry and unlawful detainer, the plaintiff shall set forth in his or her complaint all deeds and other written evidences of title on which he or she relies for the maintenance of his or her suit. (2) The plaintiff shall file copies of the evidences as far as they can be obtained, as exhibits therewith, and shall state such facts as shall show a prima facie title in himself or herself to the land in controversy. (b) The defendant in his or her answer shall plead in the same manner as required from the plaintiff. The defendant in his or her answer shall set forth exceptions to any of the documentary evidence relied on by the plaintiff to which he or she may wish to object, and the exceptions shall specifically note the objections taken. (c) The plaintiff shall in the same manner, within three (3) days after the filing of the answer, unless longer time is given by the court, file like exceptions to any documentary evidence exhibited by the defendant. (d) All the exceptions shall be passed on by the court and shall be sustained or overruled, as the law may require. If any exception is sustained to any of the evidence, it shall not be used at the trial unless the defect for which the exception is taken shall be covered by amendment. (e) All objections to the evidence not specifically pointed out in the manner provided in this section shall be waived. Acts 1875, No. 104, §§ 1-3, p. 229; C. & M. Dig., §§ 3691-3693; Pope's Dig., §§ 4646-4648; A.S.A. 1947, §§ 34-1408 -- 34-1410.

(a) (1) In all actions for the recovery of lands, except in actions of forcible entry and unlawful detainer, the plaintiff shall set forth in his or her complaint all deeds and other written evidences of title on which he or she relies for the maintenance of his or her suit. (2) The plaintiff shall file copies of the evidences as far as they can be obtained, as exhibits therewith, and shall state such facts as shall show a prima facie title in himself or herself to the land in controversy.

(1) In all actions for the recovery of lands, except in actions of forcible entry and unlawful detainer, the plaintiff shall set forth in his or her complaint all deeds and other written evidences of title on which he or she relies for the maintenance of his or her suit.

(2) The plaintiff shall file copies of the evidences as far as they can be obtained, as exhibits therewith, and shall state such facts as shall show a prima facie title in himself or herself to the land in controversy.

(b) The defendant in his or her answer shall plead in the same manner as required from the plaintiff. The defendant in his or her answer shall set forth exceptions to any of the documentary evidence relied on by the plaintiff to which he or she may wish to object, and the exceptions shall specifically note the objections taken.

(c) The plaintiff shall in the same manner, within three (3) days after the filing of the answer, unless longer time is given by the court, file like exceptions to any documentary evidence exhibited by the defendant.

(d) All the exceptions shall be passed on by the court and shall be sustained or overruled, as the law may require. If any exception is sustained to any of the evidence, it shall not be used at the trial unless the defect for which the exception is taken shall be covered by amendment.

(e) All objections to the evidence not specifically pointed out in the manner provided in this section shall be waived.

Acts 1875, No. 104, §§ 1-3, p. 229; C. & M. Dig., §§ 3691-3693; Pope's Dig., §§ 4646-4648; A.S.A. 1947, §§ 34-1408 -- 34-1410.
Ark. Code Ann. § 18-13-112 — AR Code / Title 18 / Chapter 13 / Section 18-13-112
Ownership and valuation of separate units and common elements
Status: in_force

(a) (1) An apartment owner shall have the exclusive ownership of his or her apartment and shall have a common right to a share, with the other co-owners, in the common elements of the property. (2) (A) This share is equivalent to the percentage representing the value of the individual apartment with relation to the value of the whole property. (B) This percentage shall be computed by taking as a basis the value of the individual apartment in relation to the value of the property as a whole. (b) The percentage shall be expressed at the time the horizontal property regime is constituted, shall have a permanent character, and shall not be altered without the acquiescence of the co-owners representing all the apartments of the building. (c) The basic value, which shall be fixed for the sole purpose of this chapter and irrespective of the actual value, shall not prevent each co-owner from fixing a different circumstantial value to his or her apartment in all types of acts and contracts. Acts 1961 (1st Ex. Sess.), No. 60, § 6; A.S.A. 1947, § 50-1006.

(a) (1) An apartment owner shall have the exclusive ownership of his or her apartment and shall have a common right to a share, with the other co-owners, in the common elements of the property. (2) (A) This share is equivalent to the percentage representing the value of the individual apartment with relation to the value of the whole property. (B) This percentage shall be computed by taking as a basis the value of the individual apartment in relation to the value of the property as a whole.

(1) An apartment owner shall have the exclusive ownership of his or her apartment and shall have a common right to a share, with the other co-owners, in the common elements of the property.

(2) (A) This share is equivalent to the percentage representing the value of the individual apartment with relation to the value of the whole property. (B) This percentage shall be computed by taking as a basis the value of the individual apartment in relation to the value of the property as a whole.

(A) This share is equivalent to the percentage representing the value of the individual apartment with relation to the value of the whole property.

(B) This percentage shall be computed by taking as a basis the value of the individual apartment in relation to the value of the property as a whole.

(b) The percentage shall be expressed at the time the horizontal property regime is constituted, shall have a permanent character, and shall not be altered without the acquiescence of the co-owners representing all the apartments of the building.

(c) The basic value, which shall be fixed for the sole purpose of this chapter and irrespective of the actual value, shall not prevent each co-owner from fixing a different circumstantial value to his or her apartment in all types of acts and contracts.

Acts 1961 (1st Ex. Sess.), No. 60, § 6; A.S.A. 1947, § 50-1006.
Ark. Code Ann. § 18-44-303 — AR Code / Title 18 / Chapter 44 / Subchapter 3 / Section 18-44-303
Priority
Status: in_force

(a) The lien given in this subchapter against the land, or leasehold interest in the land, and against the oil pipeline or gas pipeline, including the pipeline right-of-way, the lease for oil or gas purposes, including the buildings and appurtenances situated on the land, the materials and supplies hauled by trucks, teams, tractors, draglines, or other equipment furnished for that purpose and used upon and about the oil or gas well, water well, oil or gas pipeline, and all other supplies, equipment, materials, buildings, and improvements used upon all other oil wells, gas wells, water wells, leasehold interests, etc., upon the leasehold interest or land to which the lien attaches shall be prior and paramount to, and in preference of, any and all prior or subsequent liens, including materialman's liens, encumbrances, mortgages, bills of sale, or assignments of interest. (b) The lien for hauling shall be of equal dignity with that of the common laborer who actually performs manual labor on or about drilling, operating, completing, equipping, maintaining, and repairing oil or gas wells, or in the production of oil and gas, the laying and removal of pipelines, and the building of storage tanks. (c) The lien provided for shall attach in preference to any prior or subsequent lien or encumbrances, including materialman's liens, or mortgages, or assignments of interest, or bills of sale. Acts 1941, No. 71, § 2; A.S.A. 1947, § 51-712.

(a) The lien given in this subchapter against the land, or leasehold interest in the land, and against the oil pipeline or gas pipeline, including the pipeline right-of-way, the lease for oil or gas purposes, including the buildings and appurtenances situated on the land, the materials and supplies hauled by trucks, teams, tractors, draglines, or other equipment furnished for that purpose and used upon and about the oil or gas well, water well, oil or gas pipeline, and all other supplies, equipment, materials, buildings, and improvements used upon all other oil wells, gas wells, water wells, leasehold interests, etc., upon the leasehold interest or land to which the lien attaches shall be prior and paramount to, and in preference of, any and all prior or subsequent liens, including materialman's liens, encumbrances, mortgages, bills of sale, or assignments of interest.

(b) The lien for hauling shall be of equal dignity with that of the common laborer who actually performs manual labor on or about drilling, operating, completing, equipping, maintaining, and repairing oil or gas wells, or in the production of oil and gas, the laying and removal of pipelines, and the building of storage tanks.

(c) The lien provided for shall attach in preference to any prior or subsequent lien or encumbrances, including materialman's liens, or mortgages, or assignments of interest, or bills of sale.

Acts 1941, No. 71, § 2; A.S.A. 1947, § 51-712.
Ark. Code Ann. § 18-12-603 — AR Code / Title 18 / Chapter 12 / Subchapter 6 / Section 18-12-603
Grants to two or more as tenancy in common
Status: in_force

Every interest in real estate granted or devised to two (2) or more persons, other than executors and trustees as such, shall be in tenancy in common unless expressly declared in the grant or devise to be a joint tenancy. Rev. Stat., ch. 31, § 9; C. & M. Dig., § 1503; Pope's Dig., § 1812; A.S.A. 1947, § 50-411.

Every interest in real estate granted or devised to two (2) or more persons, other than executors and trustees as such, shall be in tenancy in common unless expressly declared in the grant or devise to be a joint tenancy.

Rev. Stat., ch. 31, § 9; C. & M. Dig., § 1503; Pope's Dig., § 1812; A.S.A. 1947, § 50-411.
Ark. Code Ann. § 18-43-109 — AR Code / Title 18 / Chapter 43 / Section 18-43-109
Officer to take charge of property
Status: in_force

At the same time the notice is given to the defendant, the sheriff or constable shall take charge of the property as described in the statement of the plaintiff and hold it subject to the decision of the court, as in cases of attachment. Acts 1868, No. 64, § 8, p. 224; C. & M. Dig., § 6853; Pope's Dig., § 8809; A.S.A. 1947, § 51-306.

At the same time the notice is given to the defendant, the sheriff or constable shall take charge of the property as described in the statement of the plaintiff and hold it subject to the decision of the court, as in cases of attachment.

Acts 1868, No. 64, § 8, p. 224; C. & M. Dig., § 6853; Pope's Dig., § 8809; A.S.A. 1947, § 51-306.
Ark. Code Ann. § 18-15-702 — AR Code / Title 18 / Chapter 15 / Subchapter 7 / Section 18-15-702
Penalty
Status: in_force

Any person who shall build or raise any dam or any other stoppage or obstruction in or across any watercourse without first obtaining permission from the proper court, according to law, and shall thereby work any material injury to any other person by overflowing his or her lands, shall forfeit to the party injured double damages for the injury, to be recovered in a civil action. Rev. Stat., ch. 98, § 23; C. & M. Dig., § 3965; Pope's Dig., § 4967; A.S.A. 1947, § 35-523.

Any person who shall build or raise any dam or any other stoppage or obstruction in or across any watercourse without first obtaining permission from the proper court, according to law, and shall thereby work any material injury to any other person by overflowing his or her lands, shall forfeit to the party injured double damages for the injury, to be recovered in a civil action.

Rev. Stat., ch. 98, § 23; C. & M. Dig., § 3965; Pope's Dig., § 4967; A.S.A. 1947, § 35-523.
Ark. Code Ann. § 18-28-220 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-220
Requests for reports and examination of records
Status: in_force

(a) The administrator may require a person who has not filed a report, or a person who the administrator believes has filed an inaccurate, incomplete, or false report, to file a verified report in a form specified by the administrator. The report must state whether the person is holding property reportable under this subchapter, describe property not previously reported or as to which the administrator has made inquiry, and specifically identify and state the amounts of property that may be in issue. (b) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with this subchapter. The administrator may conduct the examination even if the person believes it is not in possession of any property that must be reported, paid, or delivered under this subchapter. The administrator may contract with any other person to conduct the examination on behalf of the administrator. (c) The administrator at reasonable times may examine the records of an agent, including a dividend disbursing agent or transfer agent, of a business association or financial association that is the holder of property presumed abandoned if the administrator has given the notice required by subsection (b) to both the association or organization and the agent at least ninety (90) days before the examination. (d) Documents and working papers obtained or compiled by the administrator, or the administrator's agents, employees, or designated representatives, in the course of conducting an examination are confidential and are not public records, but the documents and papers may be: (1) used by the administrator in the course of an action to collect unclaimed property or otherwise enforce this subchapter; (2) used in joint examinations conducted with or pursuant to an agreement with another state, the federal government, or any other governmental subdivision, agency, or instrumentality; (3) produced pursuant to subpoena or court order; or (4) disclosed to the abandoned property office of another state for that state's use in circumstances equivalent to those described in this subdivision, if the other state is bound to keep the documents and papers confidential. (e) If an examination of the records of a person results in the disclosure of property reportable under this subchapter, the administrator may assess the cost of the examination against the holder at the rate of two hundred dollars ($200) a day for each examiner, or a greater amount that is reasonable and was incurred, but the assessment may not exceed the value of the property found to be reportable. The cost of an examination made pursuant to subsection (c) may be assessed only against the business association or financial organization. (f) If, after July 30, 1999, a holder does not maintain the records required by § 18-28-221 and the records of the holder available for the periods subject to this subchapter are insufficient to permit the preparation of a report, the administrator may require the holder to report and pay to the administrator the amount the administrator reasonably estimates, on the basis of any available records of the holder or by any other reasonable method of estimation, should have been but was not reported. Acts 1999, No. 850, § 20.

(a) The administrator may require a person who has not filed a report, or a person who the administrator believes has filed an inaccurate, incomplete, or false report, to file a verified report in a form specified by the administrator. The report must state whether the person is holding property reportable under this subchapter, describe property not previously reported or as to which the administrator has made inquiry, and specifically identify and state the amounts of property that may be in issue.

(b) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with this subchapter. The administrator may conduct the examination even if the person believes it is not in possession of any property that must be reported, paid, or delivered under this subchapter. The administrator may contract with any other person to conduct the examination on behalf of the administrator.

(c) The administrator at reasonable times may examine the records of an agent, including a dividend disbursing agent or transfer agent, of a business association or financial association that is the holder of property presumed abandoned if the administrator has given the notice required by subsection (b) to both the association or organization and the agent at least ninety (90) days before the examination.

(d) Documents and working papers obtained or compiled by the administrator, or the administrator's agents, employees, or designated representatives, in the course of conducting an examination are confidential and are not public records, but the documents and papers may be: (1) used by the administrator in the course of an action to collect unclaimed property or otherwise enforce this subchapter; (2) used in joint examinations conducted with or pursuant to an agreement with another state, the federal government, or any other governmental subdivision, agency, or instrumentality; (3) produced pursuant to subpoena or court order; or (4) disclosed to the abandoned property office of another state for that state's use in circumstances equivalent to those described in this subdivision, if the other state is bound to keep the documents and papers confidential.

(1) used by the administrator in the course of an action to collect unclaimed property or otherwise enforce this subchapter;

(2) used in joint examinations conducted with or pursuant to an agreement with another state, the federal government, or any other governmental subdivision, agency, or instrumentality;

(3) produced pursuant to subpoena or court order; or

(4) disclosed to the abandoned property office of another state for that state's use in circumstances equivalent to those described in this subdivision, if the other state is bound to keep the documents and papers confidential.

(e) If an examination of the records of a person results in the disclosure of property reportable under this subchapter, the administrator may assess the cost of the examination against the holder at the rate of two hundred dollars ($200) a day for each examiner, or a greater amount that is reasonable and was incurred, but the assessment may not exceed the value of the property found to be reportable. The cost of an examination made pursuant to subsection (c) may be assessed only against the business association or financial organization.

(f) If, after July 30, 1999, a holder does not maintain the records required by § 18-28-221 and the records of the holder available for the periods subject to this subchapter are insufficient to permit the preparation of a report, the administrator may require the holder to report and pay to the administrator the amount the administrator reasonably estimates, on the basis of any available records of the holder or by any other reasonable method of estimation, should have been but was not reported.

Acts 1999, No. 850, § 20.
Ark. Code Ann. § 18-27-201 — AR Code / Title 18 / Chapter 27 / Subchapter 2 / Section 18-27-201
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1464,§ 1, eff. 8/16/2013. Acts 1961, No. 86, § 1; A.S.A. 1947, § 67-1130.

Repealed by Act 2013, No. 1464,§ 1, eff. 8/16/2013.

Acts 1961, No. 86, § 1; A.S.A. 1947, § 67-1130.
Ark. Code Ann. § 18-45-404 — AR Code / Title 18 / Chapter 45 / Subchapter 4 / Section 18-45-404
Proceedings to sell property retained by lienholder
Status: in_force

(a) (1) The sale shall not take place until the expiration of ninety (90) days from the time the work is completed. (2) (A) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to post up written notice of the proposed sale at or near the front door of his or her place of business. (B) This written notice of the proposed sale shall specify the property to be sold, the name of the debtor, and the time and place of sale. The sale shall be at public auction for cash to the highest and best bidder. (b) The lienholder shall have the right to bid not less than the amount of his or her debt. In case the property sells for more than the amount of the debt, the lienholder shall pay over any surplus on demand to the person entitled thereto, after deducting the amount of his or her debt and the actual cost of the sale. (c) It shall be the duty of the lienholder, besides giving notice as required in subsection (a) of this section, to make demand for the debt before making the sale by registered letter addressed to the last known residence or post office of the debtor. (d) In the lienholder's dealings with the property held by him or her, the lienholder shall act in good faith to the debtor. Acts 1939, No. 98, §§ 3, 4; A.S.A. 1947, §§ 51-419, 51-420.

(a) (1) The sale shall not take place until the expiration of ninety (90) days from the time the work is completed. (2) (A) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to post up written notice of the proposed sale at or near the front door of his or her place of business. (B) This written notice of the proposed sale shall specify the property to be sold, the name of the debtor, and the time and place of sale. The sale shall be at public auction for cash to the highest and best bidder.

(1) The sale shall not take place until the expiration of ninety (90) days from the time the work is completed.

(2) (A) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to post up written notice of the proposed sale at or near the front door of his or her place of business. (B) This written notice of the proposed sale shall specify the property to be sold, the name of the debtor, and the time and place of sale. The sale shall be at public auction for cash to the highest and best bidder.

(A) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to post up written notice of the proposed sale at or near the front door of his or her place of business.

(B) This written notice of the proposed sale shall specify the property to be sold, the name of the debtor, and the time and place of sale. The sale shall be at public auction for cash to the highest and best bidder.

(b) The lienholder shall have the right to bid not less than the amount of his or her debt. In case the property sells for more than the amount of the debt, the lienholder shall pay over any surplus on demand to the person entitled thereto, after deducting the amount of his or her debt and the actual cost of the sale.

(c) It shall be the duty of the lienholder, besides giving notice as required in subsection (a) of this section, to make demand for the debt before making the sale by registered letter addressed to the last known residence or post office of the debtor.

(d) In the lienholder's dealings with the property held by him or her, the lienholder shall act in good faith to the debtor.

Acts 1939, No. 98, §§ 3, 4; A.S.A. 1947, §§ 51-419, 51-420.
Ark. Code Ann. § 18-11-712 — AR Code / Title 18 / Chapter 11 / Subchapter 7 / Section 18-11-712
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 18-15-802 — AR Code / Title 18 / Chapter 15 / Subchapter 8 / Section 18-15-802
Navigation companies connecting streams by railroad - Power of eminent domain
Status: in_force

(a) (1) Any company formed for the purpose of buying or building and owning one (1) or more steamboats, barges, and flatboats to be used in transporting freight and passengers on any river, lake, bayou, or other navigable stream, shall have the right-of-way, not exceeding two hundred feet (200') in width, over any strip of land connecting two (2) navigable streams, lakes, or bodies of water. (2) The strip of land shall not be more than five (5) miles in width for the purpose of erecting thereon dirt, plank, or horse railroads, and such other improvements as may be necessary for the convenience and business of the company. (b) No other company shall have right-of-way within a less distance than three (3) miles of the way claimed by the company first availing itself of the provisions of this section, § 18-15-801 , and §§ 18-15-803 - 18-15-806 . Acts 1869 (Adj. Sess.), No. 48, § 4, p. 102; C. & M. Dig., § 1750; A.S.A. 1947, § 35-704.

(a) (1) Any company formed for the purpose of buying or building and owning one (1) or more steamboats, barges, and flatboats to be used in transporting freight and passengers on any river, lake, bayou, or other navigable stream, shall have the right-of-way, not exceeding two hundred feet (200') in width, over any strip of land connecting two (2) navigable streams, lakes, or bodies of water. (2) The strip of land shall not be more than five (5) miles in width for the purpose of erecting thereon dirt, plank, or horse railroads, and such other improvements as may be necessary for the convenience and business of the company.

(1) Any company formed for the purpose of buying or building and owning one (1) or more steamboats, barges, and flatboats to be used in transporting freight and passengers on any river, lake, bayou, or other navigable stream, shall have the right-of-way, not exceeding two hundred feet (200') in width, over any strip of land connecting two (2) navigable streams, lakes, or bodies of water.

(2) The strip of land shall not be more than five (5) miles in width for the purpose of erecting thereon dirt, plank, or horse railroads, and such other improvements as may be necessary for the convenience and business of the company.

(b) No other company shall have right-of-way within a less distance than three (3) miles of the way claimed by the company first availing itself of the provisions of this section, § 18-15-801 , and §§ 18-15-803 - 18-15-806 .

Acts 1869 (Adj. Sess.), No. 48, § 4, p. 102; C. & M. Dig., § 1750; A.S.A. 1947, § 35-704.
Ark. Code Ann. § 18-15-507 — AR Code / Title 18 / Chapter 15 / Subchapter 5 / Section 18-15-507
Damages
Status: in_force

(a) (1) The amount of damages to be paid the owner of the lands for the right-of-way for the use of the electric utility shall be determined and assessed irrespective of any other benefit that the owner may receive from any improvement proposed by the electric utility. (2) (A) If an owner of property petitions a court under § 18-15-504(e) , the amount of damages, if any, payable to the owner for the use of preexisting lines of wire, cables, poles, or other structures by an electric utility to provide broadband services shall be limited to an amount sufficient to compensate the property owner for the increased interference, if any, with the owner's use of the property caused by any new or additional physical attachments to the preexisting facility for the purpose of providing broadband services. (B) Evidence of revenues or profits derived by an electric utility from providing broadband services is not admissible for any purpose in a proceeding under § 18-15-504(e) . (b) In all cases in which damages for the right-of-way for the use of the electric utility shall have been assessed in the manner provided, it shall be the duty of the electric utility to deposit with the court or pay to the owners the amount so assessed and pay such costs as may be in the discretion of the court be adjudged against it within thirty (30) days after the assessment. Whereupon, it shall and may be lawful for the electric utility to enter upon, use, and have the right-of-way over the lands forever. (c) In all cases in which the electric utility shall not pay or deposit the amount of damages assessed pursuant to this section, §§ 18-15-501 - 18-15-506 , § 18-15-508 , and § 18-15-509 within thirty (30) days after the assessment, the electric utility shall forfeit all rights in the premises. Amended by Act 2013, No. 1130,§ 6, eff. 8/16/2013. Acts 1907, No. 120, §§ 11, 12, 15, p. 303; C. & M. Dig., §§ 4052, 4053, 4056; Pope's Dig., §§ 5054, 5055, 5058; A.S.A. 1947, §§ 35-311, 35-312, 35-315; Acts 2001, No. 1291, § 6; 2007, No. 739, § 5.

(a) (1) The amount of damages to be paid the owner of the lands for the right-of-way for the use of the electric utility shall be determined and assessed irrespective of any other benefit that the owner may receive from any improvement proposed by the electric utility. (2) (A) If an owner of property petitions a court under § 18-15-504(e) , the amount of damages, if any, payable to the owner for the use of preexisting lines of wire, cables, poles, or other structures by an electric utility to provide broadband services shall be limited to an amount sufficient to compensate the property owner for the increased interference, if any, with the owner's use of the property caused by any new or additional physical attachments to the preexisting facility for the purpose of providing broadband services. (B) Evidence of revenues or profits derived by an electric utility from providing broadband services is not admissible for any purpose in a proceeding under § 18-15-504(e) .

(1) The amount of damages to be paid the owner of the lands for the right-of-way for the use of the electric utility shall be determined and assessed irrespective of any other benefit that the owner may receive from any improvement proposed by the electric utility.

(2) (A) If an owner of property petitions a court under § 18-15-504(e) , the amount of damages, if any, payable to the owner for the use of preexisting lines of wire, cables, poles, or other structures by an electric utility to provide broadband services shall be limited to an amount sufficient to compensate the property owner for the increased interference, if any, with the owner's use of the property caused by any new or additional physical attachments to the preexisting facility for the purpose of providing broadband services. (B) Evidence of revenues or profits derived by an electric utility from providing broadband services is not admissible for any purpose in a proceeding under § 18-15-504(e) .

(A) If an owner of property petitions a court under § 18-15-504(e) , the amount of damages, if any, payable to the owner for the use of preexisting lines of wire, cables, poles, or other structures by an electric utility to provide broadband services shall be limited to an amount sufficient to compensate the property owner for the increased interference, if any, with the owner's use of the property caused by any new or additional physical attachments to the preexisting facility for the purpose of providing broadband services.

(B) Evidence of revenues or profits derived by an electric utility from providing broadband services is not admissible for any purpose in a proceeding under § 18-15-504(e) .

(b) In all cases in which damages for the right-of-way for the use of the electric utility shall have been assessed in the manner provided, it shall be the duty of the electric utility to deposit with the court or pay to the owners the amount so assessed and pay such costs as may be in the discretion of the court be adjudged against it within thirty (30) days after the assessment. Whereupon, it shall and may be lawful for the electric utility to enter upon, use, and have the right-of-way over the lands forever.

(c) In all cases in which the electric utility shall not pay or deposit the amount of damages assessed pursuant to this section, §§ 18-15-501 - 18-15-506 , § 18-15-508 , and § 18-15-509 within thirty (30) days after the assessment, the electric utility shall forfeit all rights in the premises.

Amended by Act 2013, No. 1130,§ 6, eff. 8/16/2013.

Acts 1907, No. 120, §§ 11, 12, 15, p. 303; C. & M. Dig., §§ 4052, 4053, 4056; Pope's Dig., §§ 5054, 5055, 5058; A.S.A. 1947, §§ 35-311, 35-312, 35-315; Acts 2001, No. 1291, § 6; 2007, No. 739, § 5.
Ark. Code Ann. § 18-11-604 — AR Code / Title 18 / Chapter 11 / Subchapter 6 / Section 18-11-604
Duty of care
Status: in_force

Except as specifically provided in § 18-11-607 , an owner owes no duty of care to: (1) Keep his or her land safe for entry or use by another for a municipal water supply purpose; or (2) Give any warning of a dangerous condition, use, structure, or activity on his or her land to a person entering for a municipal water supply purpose. Acts 2005, No. 1977, § 1.

Except as specifically provided in § 18-11-607 , an owner owes no duty of care to:

(1) Keep his or her land safe for entry or use by another for a municipal water supply purpose; or

(2) Give any warning of a dangerous condition, use, structure, or activity on his or her land to a person entering for a municipal water supply purpose.

Acts 2005, No. 1977, § 1.
Ark. Code Ann. § 18-16-302 — AR Code / Title 18 / Chapter 16 / Subchapter 3 / Section 18-16-302
Transferee, etc., bound
Status: in_force

The transferee, assignee, or other holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this subchapter. Acts 1979, No. 531, § 5; A.S.A. 1947, § 50-529.

The transferee, assignee, or other holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this subchapter.

Acts 1979, No. 531, § 5; A.S.A. 1947, § 50-529.
Ark. Code Ann. § 18-14-102 — AR Code / Title 18 / Chapter 14 / Subchapter 1 / Section 18-14-102
Definitions
Status: in_force

As used in this chapter: (1) "Accommodation" means an apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or other private or commercial structure that: (A) Is affixed to real property; (B) Is designed for occupancy or use by one (1) or more individuals; and (C) Is part of a time-share plan; (2) "Acquisition agent" means a person that by telephone, inducement, solicitation, or otherwise in the ordinary course of business directly tries to encourage a person in this state to attend a sales presentation for a time-share plan; (3) "Amenities" means a recreational facility made available to purchasers in a time-share plan; (4) "Association" means a council or an association composed of the owners of time-share interests in a time-share plan; (5) (A) "Broker" means a person that sells or offers to sell in the ordinary course of business, time-share interests in a time-share plan to a purchaser. (B) A broker and a sales agent conducting business from a location in this state, whether on a temporary or ongoing basis, are subject to the Real Estate License Law, § 17-42-101 et seq. (C) A violation that results from a time-share activity is not subject to the Real Estate License Law, § 17-42-101 et seq.; (6) (A) "Component site" means a specific geographic location where accommodations that are part of a multisite time-share plan are located. (B) Separate phases of a single time-share property in a specific geographic location under common management are considered a single component site; (7) "Consumer time-share reseller" means a purchaser who acquires a time-share interest for his or her own use and occupancy and later: (A) Offers the time-share interest, or occupancy rights associated with the time-share interest, for resale or rental; or (B) Engages a time-share interest transfer services provider to provide time-share interest transfer services; (8) (A) "Developer" means: (i) A person who establishes a time-share plan, or is in the business of selling time-share interests or that uses a broker to sell time-share interests; or (ii) A person that succeeds in the developer's interest by sale, lease, assignment, mortgage, or other transfer, if the person: (a) Offers at least twelve (12) time-share interests in a particular time-share plan; and (b) Is in the business of selling time-share interests or uses a broker to sell time-share interests. (B) "Developer" does not include a broker who is in the business of selling time-share interests; (9) "Exchange agent" means a person that owns or operates an exchange program; (10) "Exchange program" means a method, arrangement, or procedure for the voluntary exchange of time-share interests among time-share owners; (11) "Managing agent" means a person responsible for operating and maintaining a time-share property or time-share plan on behalf of the association; (12) (A) "Offering" means an offer to sell, a solicitation, an inducement, or an advertisement made in this state, whether directly or indirectly or by radio, television, newspaper, magazine, mail, or electronic media, in which a person is given an opportunity or encouraged to acquire a time-share interest. (B) "Offering" does not include a time-share owner that may refer a person to a developer if the time-share owner's activities are limited to the referral of a prospective purchaser to the developer, the time-share owner receives nominal consideration, and does not refer more than twenty (20) prospective purchasers to the developer annually; (13) "Person" means one (1) or more natural persons, corporations, partnerships, associations, trusts, other entities, or any combination thereof; (14) "Project instrument" means a time-share instrument or other applicable document that establishes a time-share plan that contains restrictions or covenants to regulate the use, occupancy, or disposition of a time-share plan, including a declaration, rule, or an amendment thereto, of a condominium, and the articles of incorporation, bylaws, rules of an association, or an amendment thereto; (15) "Public offering statement" means the statement under § 18-14-404 ; (16) "Purchaser" means a person other than a developer or lender who acquires an interest in a time-share plan; (17) "Resale transfer agreement" means a contract or other agreement: (A) Between a time-share interest transfer services provider and a consumer time-share reseller; and (B) In which a time-share interest transfer services provider agrees to provide time-share interest transfer services; (18) (A) "Reservation system" means the method, arrangement, or procedure where a purchaser is required to compete with other purchasers to reserve an accommodation of a multisite time-share plan for one (1) or more time-share periods regardless of whether the reservation system is operated and maintained by the multisite time-share plan, a managing entity, an exchange company, or other person. (B) If a purchaser is required to use an exchange program as the principal means of reserving an accommodation and facility of the plan, the arrangement is a reservation system. (C) If the exchange company uses a mechanism to exchange time-share periods among members of the exchange program, the use of the mechanism is not a reservation system in a multistate time-share plan; (19) (A) "Time-share estate" means an arrangement by which the purchaser receives a right to occupy a time-share property, together with a real estate interest in the time-share property. (B) "Time-share estate" includes real property interests held in a trust in which the owners or the owners' association of the time-share plan are the express beneficiaries of that trust and the trustee is independent of the developer. (C) If the real property interests are held in a trust, the conveyance of the real property to the trust shall be free of financial liens and encumbrances or include a recorded nondisturbance agreement; (20) "Time-share instrument" means a master deed, master lease, declaration, or other instrument used to establish a time-share plan; (21) "Time-share interest" means a time-share estate or a time-share use; (22) "Time-share interest transfer services" means any direct contact initiated with an Arkansas resident through telemarketing, mail, email, or any other means of communication relating to services to: (A) Transfer ownership of a consumer time-share reseller's time-share interest; (B) Assist or make a promise to assist with the transfer of ownership of a consumer time-share reseller's time-share interest; or (C) Assist or make a promise to assist an owner of a time-share interest with a relinquishment or other voluntary disposition of the consumer time-share interest, which assistance: (i) Has been or may be referred to as: (a) "Time-share exit"; (b) "Time-share cancellation"; (c) "Time-share liquidation"; (d) "Time-share relief"; (e) "Cancellation of a time-share loan obligation"; or (f) Any other similar references; and (ii) Includes a reconveyance or other voluntary transfer to a developer or managing entity in lieu of any unpaid purchase money obligation or delinquent time-share plan assessment obligation; (23) (A) "Time-share interest transfer services provider" means a person: (i) That offers to provide, or arranges for others to provide, time-share interest transfer services; or (ii) Providing time-share interest transfer services from a location in this state whether on a temporary or ongoing basis and who is subject to the Real Estate License Law, § 17-42-101 et seq. (B) "Time-share interest transfer services provider" does not include: (i) An attorney who is licensed to practice in the State of Arkansas; (ii) A licensed title insurer agent in good standing with the State Insurance Department; (iii) A developer or managing entity, or an agent or contractor of a developer or managing entity, to the extent that the developer or managing entity, or an agent or contractor of a developer or managing entity, offers time-share interest transfer services to purchasers of time-share interests in his or her own time-share plans; or (iv) A mortgagee or servicer or lienholder, or agent or contractor of a mortgagee or servicer or lienholder, to the extent that the mortgagee or servicer or lienholder, or agent or contractor of a mortgagee or servicer or lienholder, offers time-share interest transfer services to a borrower or debtor related to a mortgage, lien, or encumbrance against the purchaser's time-share interest. (C) A time-share interest transfer services provider does not qualify for exemptions to licensure listed in § 17-42-104 ; (24) (A) "Time-share plan" means an arrangement, plan, scheme, or similar method, excluding an exchange program but including a membership agreement, sale, lease, deed, license, or right-to-use agreement, in which a purchaser, in exchange for consideration, receives an ownership right in or the right to use the accommodations for a period of time less than a year during a given year, but not necessarily consecutive years, regardless of whether the period of time is determined in advance. (B) A time-share plan may be either a: (i) "Single site time-share plan" which is the right to use an accommodation at a single time-share property; or (ii) "Multisite time-share plan" which includes: (a) A "specific time-share interest" which is the right to use an accommodation at a specific time-share property, together with the use rights in accommodations at one (1) or more other component sites established by or acquired through the reservation system of the time-share plan; or (b) A "nonspecific time-share interest" which is the right to use accommodations at more than one (1) component site established by or acquired through the reservation system of the time-share plan but does not include the specific right to use any particular accommodations; (25) "Time-share property" means: (A) One (1) or more accommodations and related amenities that are subject to a time-share instrument; and (B) Any other property or property rights appurtenant to the accommodations and amenities; and (26) "Time-share use" means any arrangement under which the purchaser receives a right to occupy a time-share property but does not receive a time-share estate. Amended by Act 2021, No. 733,§ 1, eff. 7/28/2021. Amended by Act 2013, No. 710,§ 1, eff. 8/16/2013. Acts 1983, No. 294, Art. 1, § 1-103; A.S.A. 1947, § 50-1303; Acts 1989, No. 45, § 1.

As used in this chapter:

(1) "Accommodation" means an apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or other private or commercial structure that: (A) Is affixed to real property; (B) Is designed for occupancy or use by one (1) or more individuals; and (C) Is part of a time-share plan;

(A) Is affixed to real property;

(B) Is designed for occupancy or use by one (1) or more individuals; and

(C) Is part of a time-share plan;

(2) "Acquisition agent" means a person that by telephone, inducement, solicitation, or otherwise in the ordinary course of business directly tries to encourage a person in this state to attend a sales presentation for a time-share plan;

(3) "Amenities" means a recreational facility made available to purchasers in a time-share plan;

(4) "Association" means a council or an association composed of the owners of time-share interests in a time-share plan;

(5) (A) "Broker" means a person that sells or offers to sell in the ordinary course of business, time-share interests in a time-share plan to a purchaser. (B) A broker and a sales agent conducting business from a location in this state, whether on a temporary or ongoing basis, are subject to the Real Estate License Law, § 17-42-101 et seq. (C) A violation that results from a time-share activity is not subject to the Real Estate License Law, § 17-42-101 et seq.;

(A) "Broker" means a person that sells or offers to sell in the ordinary course of business, time-share interests in a time-share plan to a purchaser.

(B) A broker and a sales agent conducting business from a location in this state, whether on a temporary or ongoing basis, are subject to the Real Estate License Law, § 17-42-101 et seq.

(C) A violation that results from a time-share activity is not subject to the Real Estate License Law, § 17-42-101 et seq.;

(6) (A) "Component site" means a specific geographic location where accommodations that are part of a multisite time-share plan are located. (B) Separate phases of a single time-share property in a specific geographic location under common management are considered a single component site;

(A) "Component site" means a specific geographic location where accommodations that are part of a multisite time-share plan are located.

(B) Separate phases of a single time-share property in a specific geographic location under common management are considered a single component site;

(7) "Consumer time-share reseller" means a purchaser who acquires a time-share interest for his or her own use and occupancy and later: (A) Offers the time-share interest, or occupancy rights associated with the time-share interest, for resale or rental; or (B) Engages a time-share interest transfer services provider to provide time-share interest transfer services;

(A) Offers the time-share interest, or occupancy rights associated with the time-share interest, for resale or rental; or

(B) Engages a time-share interest transfer services provider to provide time-share interest transfer services;

(8) (A) "Developer" means: (i) A person who establishes a time-share plan, or is in the business of selling time-share interests or that uses a broker to sell time-share interests; or (ii) A person that succeeds in the developer's interest by sale, lease, assignment, mortgage, or other transfer, if the person: (a) Offers at least twelve (12) time-share interests in a particular time-share plan; and (b) Is in the business of selling time-share interests or uses a broker to sell time-share interests. (B) "Developer" does not include a broker who is in the business of selling time-share interests;

(A) "Developer" means: (i) A person who establishes a time-share plan, or is in the business of selling time-share interests or that uses a broker to sell time-share interests; or (ii) A person that succeeds in the developer's interest by sale, lease, assignment, mortgage, or other transfer, if the person: (a) Offers at least twelve (12) time-share interests in a particular time-share plan; and (b) Is in the business of selling time-share interests or uses a broker to sell time-share interests.

(i) A person who establishes a time-share plan, or is in the business of selling time-share interests or that uses a broker to sell time-share interests; or

(ii) A person that succeeds in the developer's interest by sale, lease, assignment, mortgage, or other transfer, if the person: (a) Offers at least twelve (12) time-share interests in a particular time-share plan; and (b) Is in the business of selling time-share interests or uses a broker to sell time-share interests.

(a) Offers at least twelve (12) time-share interests in a particular time-share plan; and

(b) Is in the business of selling time-share interests or uses a broker to sell time-share interests.

(B) "Developer" does not include a broker who is in the business of selling time-share interests;

(9) "Exchange agent" means a person that owns or operates an exchange program;

(10) "Exchange program" means a method, arrangement, or procedure for the voluntary exchange of time-share interests among time-share owners;

(11) "Managing agent" means a person responsible for operating and maintaining a time-share property or time-share plan on behalf of the association;

(12) (A) "Offering" means an offer to sell, a solicitation, an inducement, or an advertisement made in this state, whether directly or indirectly or by radio, television, newspaper, magazine, mail, or electronic media, in which a person is given an opportunity or encouraged to acquire a time-share interest. (B) "Offering" does not include a time-share owner that may refer a person to a developer if the time-share owner's activities are limited to the referral of a prospective purchaser to the developer, the time-share owner receives nominal consideration, and does not refer more than twenty (20) prospective purchasers to the developer annually;

(A) "Offering" means an offer to sell, a solicitation, an inducement, or an advertisement made in this state, whether directly or indirectly or by radio, television, newspaper, magazine, mail, or electronic media, in which a person is given an opportunity or encouraged to acquire a time-share interest.

(B) "Offering" does not include a time-share owner that may refer a person to a developer if the time-share owner's activities are limited to the referral of a prospective purchaser to the developer, the time-share owner receives nominal consideration, and does not refer more than twenty (20) prospective purchasers to the developer annually;

(13) "Person" means one (1) or more natural persons, corporations, partnerships, associations, trusts, other entities, or any combination thereof;

(14) "Project instrument" means a time-share instrument or other applicable document that establishes a time-share plan that contains restrictions or covenants to regulate the use, occupancy, or disposition of a time-share plan, including a declaration, rule, or an amendment thereto, of a condominium, and the articles of incorporation, bylaws, rules of an association, or an amendment thereto;

(15) "Public offering statement" means the statement under § 18-14-404 ;

(16) "Purchaser" means a person other than a developer or lender who acquires an interest in a time-share plan;

(17) "Resale transfer agreement" means a contract or other agreement: (A) Between a time-share interest transfer services provider and a consumer time-share reseller; and (B) In which a time-share interest transfer services provider agrees to provide time-share interest transfer services;

(A) Between a time-share interest transfer services provider and a consumer time-share reseller; and

(B) In which a time-share interest transfer services provider agrees to provide time-share interest transfer services;

(18) (A) "Reservation system" means the method, arrangement, or procedure where a purchaser is required to compete with other purchasers to reserve an accommodation of a multisite time-share plan for one (1) or more time-share periods regardless of whether the reservation system is operated and maintained by the multisite time-share plan, a managing entity, an exchange company, or other person. (B) If a purchaser is required to use an exchange program as the principal means of reserving an accommodation and facility of the plan, the arrangement is a reservation system. (C) If the exchange company uses a mechanism to exchange time-share periods among members of the exchange program, the use of the mechanism is not a reservation system in a multistate time-share plan;

(A) "Reservation system" means the method, arrangement, or procedure where a purchaser is required to compete with other purchasers to reserve an accommodation of a multisite time-share plan for one (1) or more time-share periods regardless of whether the reservation system is operated and maintained by the multisite time-share plan, a managing entity, an exchange company, or other person.

(B) If a purchaser is required to use an exchange program as the principal means of reserving an accommodation and facility of the plan, the arrangement is a reservation system.

(C) If the exchange company uses a mechanism to exchange time-share periods among members of the exchange program, the use of the mechanism is not a reservation system in a multistate time-share plan;

(19) (A) "Time-share estate" means an arrangement by which the purchaser receives a right to occupy a time-share property, together with a real estate interest in the time-share property. (B) "Time-share estate" includes real property interests held in a trust in which the owners or the owners' association of the time-share plan are the express beneficiaries of that trust and the trustee is independent of the developer. (C) If the real property interests are held in a trust, the conveyance of the real property to the trust shall be free of financial liens and encumbrances or include a recorded nondisturbance agreement;

(A) "Time-share estate" means an arrangement by which the purchaser receives a right to occupy a time-share property, together with a real estate interest in the time-share property.

(B) "Time-share estate" includes real property interests held in a trust in which the owners or the owners' association of the time-share plan are the express beneficiaries of that trust and the trustee is independent of the developer.

(C) If the real property interests are held in a trust, the conveyance of the real property to the trust shall be free of financial liens and encumbrances or include a recorded nondisturbance agreement;

(20) "Time-share instrument" means a master deed, master lease, declaration, or other instrument used to establish a time-share plan;

(21) "Time-share interest" means a time-share estate or a time-share use;

(22) "Time-share interest transfer services" means any direct contact initiated with an Arkansas resident through telemarketing, mail, email, or any other means of communication relating to services to: (A) Transfer ownership of a consumer time-share reseller's time-share interest; (B) Assist or make a promise to assist with the transfer of ownership of a consumer time-share reseller's time-share interest; or (C) Assist or make a promise to assist an owner of a time-share interest with a relinquishment or other voluntary disposition of the consumer time-share interest, which assistance: (i) Has been or may be referred to as: (a) "Time-share exit"; (b) "Time-share cancellation"; (c) "Time-share liquidation"; (d) "Time-share relief"; (e) "Cancellation of a time-share loan obligation"; or (f) Any other similar references; and (ii) Includes a reconveyance or other voluntary transfer to a developer or managing entity in lieu of any unpaid purchase money obligation or delinquent time-share plan assessment obligation;

(A) Transfer ownership of a consumer time-share reseller's time-share interest;

(B) Assist or make a promise to assist with the transfer of ownership of a consumer time-share reseller's time-share interest; or

(C) Assist or make a promise to assist an owner of a time-share interest with a relinquishment or other voluntary disposition of the consumer time-share interest, which assistance: (i) Has been or may be referred to as: (a) "Time-share exit"; (b) "Time-share cancellation"; (c) "Time-share liquidation"; (d) "Time-share relief"; (e) "Cancellation of a time-share loan obligation"; or (f) Any other similar references; and (ii) Includes a reconveyance or other voluntary transfer to a developer or managing entity in lieu of any unpaid purchase money obligation or delinquent time-share plan assessment obligation;

(i) Has been or may be referred to as: (a) "Time-share exit"; (b) "Time-share cancellation"; (c) "Time-share liquidation"; (d) "Time-share relief"; (e) "Cancellation of a time-share loan obligation"; or (f) Any other similar references; and

(a) "Time-share exit";

(b) "Time-share cancellation";

(c) "Time-share liquidation";

(d) "Time-share relief";

(e) "Cancellation of a time-share loan obligation"; or

(f) Any other similar references; and

(ii) Includes a reconveyance or other voluntary transfer to a developer or managing entity in lieu of any unpaid purchase money obligation or delinquent time-share plan assessment obligation;

(23) (A) "Time-share interest transfer services provider" means a person: (i) That offers to provide, or arranges for others to provide, time-share interest transfer services; or (ii) Providing time-share interest transfer services from a location in this state whether on a temporary or ongoing basis and who is subject to the Real Estate License Law, § 17-42-101 et seq. (B) "Time-share interest transfer services provider" does not include: (i) An attorney who is licensed to practice in the State of Arkansas; (ii) A licensed title insurer agent in good standing with the State Insurance Department; (iii) A developer or managing entity, or an agent or contractor of a developer or managing entity, to the extent that the developer or managing entity, or an agent or contractor of a developer or managing entity, offers time-share interest transfer services to purchasers of time-share interests in his or her own time-share plans; or (iv) A mortgagee or servicer or lienholder, or agent or contractor of a mortgagee or servicer or lienholder, to the extent that the mortgagee or servicer or lienholder, or agent or contractor of a mortgagee or servicer or lienholder, offers time-share interest transfer services to a borrower or debtor related to a mortgage, lien, or encumbrance against the purchaser's time-share interest. (C) A time-share interest transfer services provider does not qualify for exemptions to licensure listed in § 17-42-104 ;

(A) "Time-share interest transfer services provider" means a person: (i) That offers to provide, or arranges for others to provide, time-share interest transfer services; or (ii) Providing time-share interest transfer services from a location in this state whether on a temporary or ongoing basis and who is subject to the Real Estate License Law, § 17-42-101 et seq.

(i) That offers to provide, or arranges for others to provide, time-share interest transfer services; or

(ii) Providing time-share interest transfer services from a location in this state whether on a temporary or ongoing basis and who is subject to the Real Estate License Law, § 17-42-101 et seq.

(B) "Time-share interest transfer services provider" does not include: (i) An attorney who is licensed to practice in the State of Arkansas; (ii) A licensed title insurer agent in good standing with the State Insurance Department; (iii) A developer or managing entity, or an agent or contractor of a developer or managing entity, to the extent that the developer or managing entity, or an agent or contractor of a developer or managing entity, offers time-share interest transfer services to purchasers of time-share interests in his or her own time-share plans; or (iv) A mortgagee or servicer or lienholder, or agent or contractor of a mortgagee or servicer or lienholder, to the extent that the mortgagee or servicer or lienholder, or agent or contractor of a mortgagee or servicer or lienholder, offers time-share interest transfer services to a borrower or debtor related to a mortgage, lien, or encumbrance against the purchaser's time-share interest.

(i) An attorney who is licensed to practice in the State of Arkansas;

(ii) A licensed title insurer agent in good standing with the State Insurance Department;

(iii) A developer or managing entity, or an agent or contractor of a developer or managing entity, to the extent that the developer or managing entity, or an agent or contractor of a developer or managing entity, offers time-share interest transfer services to purchasers of time-share interests in his or her own time-share plans; or

(iv) A mortgagee or servicer or lienholder, or agent or contractor of a mortgagee or servicer or lienholder, to the extent that the mortgagee or servicer or lienholder, or agent or contractor of a mortgagee or servicer or lienholder, offers time-share interest transfer services to a borrower or debtor related to a mortgage, lien, or encumbrance against the purchaser's time-share interest.

(C) A time-share interest transfer services provider does not qualify for exemptions to licensure listed in § 17-42-104 ;

(24) (A) "Time-share plan" means an arrangement, plan, scheme, or similar method, excluding an exchange program but including a membership agreement, sale, lease, deed, license, or right-to-use agreement, in which a purchaser, in exchange for consideration, receives an ownership right in or the right to use the accommodations for a period of time less than a year during a given year, but not necessarily consecutive years, regardless of whether the period of time is determined in advance. (B) A time-share plan may be either a: (i) "Single site time-share plan" which is the right to use an accommodation at a single time-share property; or (ii) "Multisite time-share plan" which includes: (a) A "specific time-share interest" which is the right to use an accommodation at a specific time-share property, together with the use rights in accommodations at one (1) or more other component sites established by or acquired through the reservation system of the time-share plan; or (b) A "nonspecific time-share interest" which is the right to use accommodations at more than one (1) component site established by or acquired through the reservation system of the time-share plan but does not include the specific right to use any particular accommodations;

(A) "Time-share plan" means an arrangement, plan, scheme, or similar method, excluding an exchange program but including a membership agreement, sale, lease, deed, license, or right-to-use agreement, in which a purchaser, in exchange for consideration, receives an ownership right in or the right to use the accommodations for a period of time less than a year during a given year, but not necessarily consecutive years, regardless of whether the period of time is determined in advance.

(B) A time-share plan may be either a: (i) "Single site time-share plan" which is the right to use an accommodation at a single time-share property; or (ii) "Multisite time-share plan" which includes: (a) A "specific time-share interest" which is the right to use an accommodation at a specific time-share property, together with the use rights in accommodations at one (1) or more other component sites established by or acquired through the reservation system of the time-share plan; or (b) A "nonspecific time-share interest" which is the right to use accommodations at more than one (1) component site established by or acquired through the reservation system of the time-share plan but does not include the specific right to use any particular accommodations;

(i) "Single site time-share plan" which is the right to use an accommodation at a single time-share property; or

(ii) "Multisite time-share plan" which includes: (a) A "specific time-share interest" which is the right to use an accommodation at a specific time-share property, together with the use rights in accommodations at one (1) or more other component sites established by or acquired through the reservation system of the time-share plan; or (b) A "nonspecific time-share interest" which is the right to use accommodations at more than one (1) component site established by or acquired through the reservation system of the time-share plan but does not include the specific right to use any particular accommodations;

(a) A "specific time-share interest" which is the right to use an accommodation at a specific time-share property, together with the use rights in accommodations at one (1) or more other component sites established by or acquired through the reservation system of the time-share plan; or

(b) A "nonspecific time-share interest" which is the right to use accommodations at more than one (1) component site established by or acquired through the reservation system of the time-share plan but does not include the specific right to use any particular accommodations;

(25) "Time-share property" means: (A) One (1) or more accommodations and related amenities that are subject to a time-share instrument; and (B) Any other property or property rights appurtenant to the accommodations and amenities; and

(A) One (1) or more accommodations and related amenities that are subject to a time-share instrument; and

(B) Any other property or property rights appurtenant to the accommodations and amenities; and

(26) "Time-share use" means any arrangement under which the purchaser receives a right to occupy a time-share property but does not receive a time-share estate.

Amended by Act 2021, No. 733,§ 1, eff. 7/28/2021.

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

Acts 1983, No. 294, Art. 1, § 1-103; A.S.A. 1947, § 50-1303; Acts 1989, No. 45, § 1.
Ark. Code Ann. § 18-60-506 — AR Code / Title 18 / Chapter 60 / Subchapter 5 / Section 18-60-506
Prima facie title
Status: in_force

If the petitioner cannot show a perfect claim of title to any particular tract or tracts of land, it shall be held to constitute a prima facie title if the petitioner shall show that: (1) The petitioner and those under whom he or she claims, have had color of title to the land for more than seven (7) years; and (2) During that time the petitioner or those under whom he or she claims, have continuously paid the taxes thereon. Acts 1899, No. 79, § 5, p. 133; C. & M. Dig., § 8368; Pope's Dig., § 10964; A.S.A. 1947, § 34-1907.

If the petitioner cannot show a perfect claim of title to any particular tract or tracts of land, it shall be held to constitute a prima facie title if the petitioner shall show that:

(1) The petitioner and those under whom he or she claims, have had color of title to the land for more than seven (7) years; and

(2) During that time the petitioner or those under whom he or she claims, have continuously paid the taxes thereon.

Acts 1899, No. 79, § 5, p. 133; C. & M. Dig., § 8368; Pope's Dig., § 10964; A.S.A. 1947, § 34-1907.
Ark. Code Ann. § 18-15-408 — AR Code / Title 18 / Chapter 15 / Subchapter 4 / Section 18-15-408
Cemeteries and graves
Status: in_force

(a) (1) An operating authority of a municipal waterworks system shall file a notice of intent to condemn in the circuit court of the county where a cemetery or graves are situated if the operating authority determines that: (A) Land occupied by the cemetery or by the graves will be flooded by an impounding lake; (B) The water level of the lake will affect the graves underground; (C) The lake may be contaminated by the graves; or (D) The lands will be useful for waterworks purposes. (2) The notice of intent to condemn shall set out the: (A) Commonly known name of the cemetery, if any; (B) Descriptions of the quarter sections of land upon which the cemetery or graves are situated; (C) Description of a proposed new location of the cemetery or graves; and (D) Name of the owner of the existing cemetery, if known. (3) The notice shall take the place of the application to condemn which would be otherwise required under this subchapter. (4) Service of process upon the owner, if known, shall be as specified in this subchapter. Service upon all other interested parties shall be as follows: (A) The notice shall be published one (1) time a week for four (4) consecutive weeks in some newspaper having a general circulation throughout the state in order to give the widest publicity to the municipality's intention; (B) In addition, a printed copy of the notice shall be posted in three (3) conspicuous public places in the cemetery or immediately surrounding the graves; (C) The notice shall be posted within three (3) days of filing the notice with the court; and (D) The municipality shall, by affidavit filed with the court, give proof of posting of the notice. (5) (A) Before filing the notice with the court, the municipality shall be required to select a tract of land at least equal in size to the cemetery to be condemned and shall describe the tract in the notice. (B) The municipality shall be required to file with its notice a statement from the Department of Health approving the proposed new location. (6) After the notice of intent has been published for four (4) weeks, as required by this section, the circuit court sitting without a jury shall determine if the proposed new location is suitable, and, if the court so finds, it shall enter an order to that effect. The owner of the cemetery or of the lands where the existing cemetery is located and the next of kin of any person buried in the cemetery or in the graves shall be entitled to appear in the proceeding and object to the proposed location and suggest other locations. (b) (1) Thereafter, the municipality may file an application under the provisions of this subchapter for condemnation of the site so approved by the court, within a radius of four (4) miles of the existing cemetery. (2) It is declared that the acquisition of the site shall be for public purposes and that the site may be condemned by the operating authority of a municipal waterworks system. (c) (1) After judgment has been entered vesting title to the new site in the applicant, as set out in § 18-15-404 , the court shall enter an order in the proceedings mentioned in subsection (a) of this section, vesting title to the new cemetery site in the persons owning the lands of the cemetery or graves to be relocated and vesting title in the municipality to the lands where the old cemetery or graves are located. (2) The order vesting title to the new cemetery site in the owners of the old cemetery or grave sites shall be the compensation and damages to which the owners of the old sites are entitled. (d) (1) Thereafter, the municipality, at its own expense, shall be required to remove all bodies, tombstones, and markers from the site of the original graves and to reinter the bodies in the new site, properly resetting tombstones and markers, if any, at the new site. (2) The court may require the municipality to deposit with the clerk of the court a sum found by the court to be sufficient to ensure the performance of the obligation by the municipality. (3) However, any surviving spouse or next of kin of a person whose grave is to be relocated may demand, prior to removal from the old grave site, that the municipality pay the expense of removing the body of the decedent to a cemetery selected by the surviving spouse or next of kin, the municipality paying the reasonable cost of the removal and reinterment. (e) If the old cemetery site was fenced, the municipality shall be required to install a fence of similar type around the new cemetery site and shall be required to construct within the cemetery such hard-surfaced roads as may be necessary to give access to grave sites. The roads shall be of at least equal quality with the roads in the original cemetery site. Acts 1957, No. 269, § 9; A.S.A. 1947, § 35-915.

(a) (1) An operating authority of a municipal waterworks system shall file a notice of intent to condemn in the circuit court of the county where a cemetery or graves are situated if the operating authority determines that: (A) Land occupied by the cemetery or by the graves will be flooded by an impounding lake; (B) The water level of the lake will affect the graves underground; (C) The lake may be contaminated by the graves; or (D) The lands will be useful for waterworks purposes. (2) The notice of intent to condemn shall set out the: (A) Commonly known name of the cemetery, if any; (B) Descriptions of the quarter sections of land upon which the cemetery or graves are situated; (C) Description of a proposed new location of the cemetery or graves; and (D) Name of the owner of the existing cemetery, if known. (3) The notice shall take the place of the application to condemn which would be otherwise required under this subchapter. (4) Service of process upon the owner, if known, shall be as specified in this subchapter. Service upon all other interested parties shall be as follows: (A) The notice shall be published one (1) time a week for four (4) consecutive weeks in some newspaper having a general circulation throughout the state in order to give the widest publicity to the municipality's intention; (B) In addition, a printed copy of the notice shall be posted in three (3) conspicuous public places in the cemetery or immediately surrounding the graves; (C) The notice shall be posted within three (3) days of filing the notice with the court; and (D) The municipality shall, by affidavit filed with the court, give proof of posting of the notice. (5) (A) Before filing the notice with the court, the municipality shall be required to select a tract of land at least equal in size to the cemetery to be condemned and shall describe the tract in the notice. (B) The municipality shall be required to file with its notice a statement from the Department of Health approving the proposed new location. (6) After the notice of intent has been published for four (4) weeks, as required by this section, the circuit court sitting without a jury shall determine if the proposed new location is suitable, and, if the court so finds, it shall enter an order to that effect. The owner of the cemetery or of the lands where the existing cemetery is located and the next of kin of any person buried in the cemetery or in the graves shall be entitled to appear in the proceeding and object to the proposed location and suggest other locations.

(1) An operating authority of a municipal waterworks system shall file a notice of intent to condemn in the circuit court of the county where a cemetery or graves are situated if the operating authority determines that: (A) Land occupied by the cemetery or by the graves will be flooded by an impounding lake; (B) The water level of the lake will affect the graves underground; (C) The lake may be contaminated by the graves; or (D) The lands will be useful for waterworks purposes.

(A) Land occupied by the cemetery or by the graves will be flooded by an impounding lake;

(B) The water level of the lake will affect the graves underground;

(C) The lake may be contaminated by the graves; or

(D) The lands will be useful for waterworks purposes.

(2) The notice of intent to condemn shall set out the: (A) Commonly known name of the cemetery, if any; (B) Descriptions of the quarter sections of land upon which the cemetery or graves are situated; (C) Description of a proposed new location of the cemetery or graves; and (D) Name of the owner of the existing cemetery, if known.

(A) Commonly known name of the cemetery, if any;

(B) Descriptions of the quarter sections of land upon which the cemetery or graves are situated;

(C) Description of a proposed new location of the cemetery or graves; and

(D) Name of the owner of the existing cemetery, if known.

(3) The notice shall take the place of the application to condemn which would be otherwise required under this subchapter.

(4) Service of process upon the owner, if known, shall be as specified in this subchapter. Service upon all other interested parties shall be as follows: (A) The notice shall be published one (1) time a week for four (4) consecutive weeks in some newspaper having a general circulation throughout the state in order to give the widest publicity to the municipality's intention; (B) In addition, a printed copy of the notice shall be posted in three (3) conspicuous public places in the cemetery or immediately surrounding the graves; (C) The notice shall be posted within three (3) days of filing the notice with the court; and (D) The municipality shall, by affidavit filed with the court, give proof of posting of the notice.

(A) The notice shall be published one (1) time a week for four (4) consecutive weeks in some newspaper having a general circulation throughout the state in order to give the widest publicity to the municipality's intention;

(B) In addition, a printed copy of the notice shall be posted in three (3) conspicuous public places in the cemetery or immediately surrounding the graves;

(C) The notice shall be posted within three (3) days of filing the notice with the court; and

(D) The municipality shall, by affidavit filed with the court, give proof of posting of the notice.

(5) (A) Before filing the notice with the court, the municipality shall be required to select a tract of land at least equal in size to the cemetery to be condemned and shall describe the tract in the notice. (B) The municipality shall be required to file with its notice a statement from the Department of Health approving the proposed new location.

(A) Before filing the notice with the court, the municipality shall be required to select a tract of land at least equal in size to the cemetery to be condemned and shall describe the tract in the notice.

(B) The municipality shall be required to file with its notice a statement from the Department of Health approving the proposed new location.

(6) After the notice of intent has been published for four (4) weeks, as required by this section, the circuit court sitting without a jury shall determine if the proposed new location is suitable, and, if the court so finds, it shall enter an order to that effect. The owner of the cemetery or of the lands where the existing cemetery is located and the next of kin of any person buried in the cemetery or in the graves shall be entitled to appear in the proceeding and object to the proposed location and suggest other locations.

(b) (1) Thereafter, the municipality may file an application under the provisions of this subchapter for condemnation of the site so approved by the court, within a radius of four (4) miles of the existing cemetery. (2) It is declared that the acquisition of the site shall be for public purposes and that the site may be condemned by the operating authority of a municipal waterworks system.

(1) Thereafter, the municipality may file an application under the provisions of this subchapter for condemnation of the site so approved by the court, within a radius of four (4) miles of the existing cemetery.

(2) It is declared that the acquisition of the site shall be for public purposes and that the site may be condemned by the operating authority of a municipal waterworks system.

(c) (1) After judgment has been entered vesting title to the new site in the applicant, as set out in § 18-15-404 , the court shall enter an order in the proceedings mentioned in subsection (a) of this section, vesting title to the new cemetery site in the persons owning the lands of the cemetery or graves to be relocated and vesting title in the municipality to the lands where the old cemetery or graves are located. (2) The order vesting title to the new cemetery site in the owners of the old cemetery or grave sites shall be the compensation and damages to which the owners of the old sites are entitled.

(1) After judgment has been entered vesting title to the new site in the applicant, as set out in § 18-15-404 , the court shall enter an order in the proceedings mentioned in subsection (a) of this section, vesting title to the new cemetery site in the persons owning the lands of the cemetery or graves to be relocated and vesting title in the municipality to the lands where the old cemetery or graves are located.

(2) The order vesting title to the new cemetery site in the owners of the old cemetery or grave sites shall be the compensation and damages to which the owners of the old sites are entitled.

(d) (1) Thereafter, the municipality, at its own expense, shall be required to remove all bodies, tombstones, and markers from the site of the original graves and to reinter the bodies in the new site, properly resetting tombstones and markers, if any, at the new site. (2) The court may require the municipality to deposit with the clerk of the court a sum found by the court to be sufficient to ensure the performance of the obligation by the municipality. (3) However, any surviving spouse or next of kin of a person whose grave is to be relocated may demand, prior to removal from the old grave site, that the municipality pay the expense of removing the body of the decedent to a cemetery selected by the surviving spouse or next of kin, the municipality paying the reasonable cost of the removal and reinterment.

(1) Thereafter, the municipality, at its own expense, shall be required to remove all bodies, tombstones, and markers from the site of the original graves and to reinter the bodies in the new site, properly resetting tombstones and markers, if any, at the new site.

(2) The court may require the municipality to deposit with the clerk of the court a sum found by the court to be sufficient to ensure the performance of the obligation by the municipality.

(3) However, any surviving spouse or next of kin of a person whose grave is to be relocated may demand, prior to removal from the old grave site, that the municipality pay the expense of removing the body of the decedent to a cemetery selected by the surviving spouse or next of kin, the municipality paying the reasonable cost of the removal and reinterment.

(e) If the old cemetery site was fenced, the municipality shall be required to install a fence of similar type around the new cemetery site and shall be required to construct within the cemetery such hard-surfaced roads as may be necessary to give access to grave sites. The roads shall be of at least equal quality with the roads in the original cemetery site.

Acts 1957, No. 269, § 9; A.S.A. 1947, § 35-915.