Ark. Code Ann. § 18-15-1801 — AR Code / Title 18 / Chapter 15 / Subchapter 18 / Section 18-15-1801
Administrative warrant
Status: in_force

(a) For the purposes of establishing the basis for the use of eminent domain for the remediation of a blighted property or for the possession of an abandoned property, a state agency may request an administrative warrant from a judge or magistrate to gain access to inspect a building on the property. (b) (1) The judge or magistrate may allow the state agency to present evidence that shows that there is probable cause that a violation occurred, notice of the violation has been served on the owner of the property, the owner has failed to cure the violation, and the owner has denied the state agency access to the building. (2) The state agency may use evidence to support a conclusion of probable cause, including without limitation evidence of: (A) A recent fire or police inspection; (B) Deterioration of the building's exterior; or (C) Other violations of the municipal code in the building. Added by Act 2021, No. 945,§ 4, eff. 7/28/2021.

(a) For the purposes of establishing the basis for the use of eminent domain for the remediation of a blighted property or for the possession of an abandoned property, a state agency may request an administrative warrant from a judge or magistrate to gain access to inspect a building on the property.

(b) (1) The judge or magistrate may allow the state agency to present evidence that shows that there is probable cause that a violation occurred, notice of the violation has been served on the owner of the property, the owner has failed to cure the violation, and the owner has denied the state agency access to the building. (2) The state agency may use evidence to support a conclusion of probable cause, including without limitation evidence of: (A) A recent fire or police inspection; (B) Deterioration of the building's exterior; or (C) Other violations of the municipal code in the building.

(1) The judge or magistrate may allow the state agency to present evidence that shows that there is probable cause that a violation occurred, notice of the violation has been served on the owner of the property, the owner has failed to cure the violation, and the owner has denied the state agency access to the building.

(2) The state agency may use evidence to support a conclusion of probable cause, including without limitation evidence of: (A) A recent fire or police inspection; (B) Deterioration of the building's exterior; or (C) Other violations of the municipal code in the building.

(A) A recent fire or police inspection;

(B) Deterioration of the building's exterior; or

(C) Other violations of the municipal code in the building.

Added by Act 2021, No. 945,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 18-13-119 — AR Code / Title 18 / Chapter 13 / Section 18-13-119
Sharing of reconstruction costs when building not insured or indemnity insufficient
Status: in_force

(a) When the building is not insured or when the insurance indemnity is insufficient to cover the cost of reconstruction, the new building costs shall be paid by all the co-owners directly affected by the damage in proportion to the value of their respective apartments, or as may be provided by the bylaws. (b) If any one (1) or more of those composing the minority shall refuse to make such payment, the majority may proceed with the reconstruction at the expense of all the co-owners benefited thereby, upon proper resolution setting forth the circumstances of the case and the cost of the works, with the intervention of the council of co-owners. (c) The provisions of this section may be changed by unanimous resolution of the parties concerned adopted subsequent to the date on which the fire or other disaster occurred. Acts 1961 (1st Ex. Sess.), No. 60, § 22; A.S.A. 1947, § 50-1022.

(a) When the building is not insured or when the insurance indemnity is insufficient to cover the cost of reconstruction, the new building costs shall be paid by all the co-owners directly affected by the damage in proportion to the value of their respective apartments, or as may be provided by the bylaws.

(b) If any one (1) or more of those composing the minority shall refuse to make such payment, the majority may proceed with the reconstruction at the expense of all the co-owners benefited thereby, upon proper resolution setting forth the circumstances of the case and the cost of the works, with the intervention of the council of co-owners.

(c) The provisions of this section may be changed by unanimous resolution of the parties concerned adopted subsequent to the date on which the fire or other disaster occurred.

Acts 1961 (1st Ex. Sess.), No. 60, § 22; A.S.A. 1947, § 50-1022.
Ark. Code Ann. § 18-12-301 — AR Code / Title 18 / Chapter 12 / Subchapter 3 / Section 18-12-301
Considered life estate
Status: in_force

In cases when, by common law, any person may become seized in fee tail of any lands or tenements, by virtue of any devise, gift, grant, or other conveyance, the person, instead of being, or becoming, seized thereof in fee tail, shall be adjudged to be, and become, seized thereof for his or her natural life only. The remainder shall pass in fee simple absolute to the person to whom the estate tail would first pass according to the course of the common law by virtue of the devise, gift, grant, or conveyance. Rev. Stat., ch. 31, § 5; C. & M. Dig., § 1499; Pope's Dig., § 1799; A.S.A. 1947, § 50-405.

In cases when, by common law, any person may become seized in fee tail of any lands or tenements, by virtue of any devise, gift, grant, or other conveyance, the person, instead of being, or becoming, seized thereof in fee tail, shall be adjudged to be, and become, seized thereof for his or her natural life only. The remainder shall pass in fee simple absolute to the person to whom the estate tail would first pass according to the course of the common law by virtue of the devise, gift, grant, or conveyance.

Rev. Stat., ch. 31, § 5; C. & M. Dig., § 1499; Pope's Dig., § 1799; A.S.A. 1947, § 50-405.
Ark. Code Ann. § 18-15-1006 — AR Code / Title 18 / Chapter 15 / Subchapter 10 / Section 18-15-1006
Payment of award - Adjudication of claim
Status: in_force

(a) (1) If no exception shall be taken to the award of the appraisers and no appeal taken from any judgment rendered by the circuit court, then the levee or drainage district seeking to condemn the right-of-way shall pay the award to the person in whose favor the award is made, taking duplicate receipts therefor, one (1) of which shall be attached to the award and filed with the proceedings in the cause. (2) However, in the event the owner of the land, material, or property is unknown, or if it is uncertain who he or she is, or if there are conflicting claims to the land or to the award, or any part thereof, then the levee or drainage district shall pay the award to the clerk of the circuit court of the proper county for the owner and take the clerk's receipt from the owner and have it recorded in the book provided for the recording of petitions. The clerk and his or her sureties shall be answerable for the safekeeping of the money. (b) (1) Any claimants to the land may file an application in the circuit court and set up title to the land or property, and after giving notice to all adverse claimants by summons if they are residents of the county, and by warning order if nonresidents of the county or unknown, then the claimants shall have their claim to the money adjudicated and tried as other cases are tried under the rules and practice of the circuit court. Upon a final hearing, the circuit court shall direct a proper disposition of the money. (2) The judgment shall be a bar to recovery against the levee or drainage district for any other or further compensation or damages for the construction or maintenance of the levee, ditch, drain, or canal. Acts 1945, No. 177, § 4; A.S.A. 1947, § 35-1104.

(a) (1) If no exception shall be taken to the award of the appraisers and no appeal taken from any judgment rendered by the circuit court, then the levee or drainage district seeking to condemn the right-of-way shall pay the award to the person in whose favor the award is made, taking duplicate receipts therefor, one (1) of which shall be attached to the award and filed with the proceedings in the cause. (2) However, in the event the owner of the land, material, or property is unknown, or if it is uncertain who he or she is, or if there are conflicting claims to the land or to the award, or any part thereof, then the levee or drainage district shall pay the award to the clerk of the circuit court of the proper county for the owner and take the clerk's receipt from the owner and have it recorded in the book provided for the recording of petitions. The clerk and his or her sureties shall be answerable for the safekeeping of the money.

(1) If no exception shall be taken to the award of the appraisers and no appeal taken from any judgment rendered by the circuit court, then the levee or drainage district seeking to condemn the right-of-way shall pay the award to the person in whose favor the award is made, taking duplicate receipts therefor, one (1) of which shall be attached to the award and filed with the proceedings in the cause.

(2) However, in the event the owner of the land, material, or property is unknown, or if it is uncertain who he or she is, or if there are conflicting claims to the land or to the award, or any part thereof, then the levee or drainage district shall pay the award to the clerk of the circuit court of the proper county for the owner and take the clerk's receipt from the owner and have it recorded in the book provided for the recording of petitions. The clerk and his or her sureties shall be answerable for the safekeeping of the money.

(b) (1) Any claimants to the land may file an application in the circuit court and set up title to the land or property, and after giving notice to all adverse claimants by summons if they are residents of the county, and by warning order if nonresidents of the county or unknown, then the claimants shall have their claim to the money adjudicated and tried as other cases are tried under the rules and practice of the circuit court. Upon a final hearing, the circuit court shall direct a proper disposition of the money. (2) The judgment shall be a bar to recovery against the levee or drainage district for any other or further compensation or damages for the construction or maintenance of the levee, ditch, drain, or canal.

(1) Any claimants to the land may file an application in the circuit court and set up title to the land or property, and after giving notice to all adverse claimants by summons if they are residents of the county, and by warning order if nonresidents of the county or unknown, then the claimants shall have their claim to the money adjudicated and tried as other cases are tried under the rules and practice of the circuit court. Upon a final hearing, the circuit court shall direct a proper disposition of the money.

(2) The judgment shall be a bar to recovery against the levee or drainage district for any other or further compensation or damages for the construction or maintenance of the levee, ditch, drain, or canal.

Acts 1945, No. 177, § 4; A.S.A. 1947, § 35-1104.
Ark. Code Ann. § 18-43-115 — AR Code / Title 18 / Chapter 43 / Section 18-43-115
Real estate not exempt
Status: in_force

No real estate shall be exempt from sale under an execution on a laborer's lien. Acts 1868, No. 64, § 20, p. 224; C. & M. Dig., § 6863; Pope's Dig., § 8819; A.S.A. 1947, § 51-316.

No real estate shall be exempt from sale under an execution on a laborer's lien.

Acts 1868, No. 64, § 20, p. 224; C. & M. Dig., § 6863; Pope's Dig., § 8819; A.S.A. 1947, § 51-316.
Ark. Code Ann. § 18-60-812 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-812
Bond
Status: in_force

(a) The order shall not be complied with by the sheriff until there has been executed in his or her presence, by one (1) or more sufficient sureties of the plaintiff, a bond to the defendant, to the effect that the plaintiff shall duly prosecute the action and that he or she shall perform the judgment of the court therein by returning the property, if a return thereof shall be adjudged, and by paying any sums of money adjudged against him or her in the action, not exceeding double the value of the property and the costs of the action. (b) When the action is brought against a sheriff or other officer to recover possession of property taken by him or her under an execution against a person other than the plaintiff, the bond provided for in subsection (a) of this section shall be to the effect that the plaintiff shall duly prosecute the action and that he or she shall perform the judgment of the court therein by returning the property, if a return thereof shall be adjudged, and by paying to the defendant or to the plaintiff in the execution, as may be directed by the court, any sums of money adjudged against the plaintiff in the action, not exceeding double the value of the property and the costs of the action. Civil Code, §§ 206, 207; C. & M. Dig., §§ 8643, 8646; Pope's Dig., § 11376, 11379; A.S.A. 1947, §§ 34-2105, 34-2106.

(a) The order shall not be complied with by the sheriff until there has been executed in his or her presence, by one (1) or more sufficient sureties of the plaintiff, a bond to the defendant, to the effect that the plaintiff shall duly prosecute the action and that he or she shall perform the judgment of the court therein by returning the property, if a return thereof shall be adjudged, and by paying any sums of money adjudged against him or her in the action, not exceeding double the value of the property and the costs of the action.

(b) When the action is brought against a sheriff or other officer to recover possession of property taken by him or her under an execution against a person other than the plaintiff, the bond provided for in subsection (a) of this section shall be to the effect that the plaintiff shall duly prosecute the action and that he or she shall perform the judgment of the court therein by returning the property, if a return thereof shall be adjudged, and by paying to the defendant or to the plaintiff in the execution, as may be directed by the court, any sums of money adjudged against the plaintiff in the action, not exceeding double the value of the property and the costs of the action.

Civil Code, §§ 206, 207; C. & M. Dig., §§ 8643, 8646; Pope's Dig., § 11376, 11379; A.S.A. 1947, §§ 34-2105, 34-2106.
Ark. Code Ann. § 18-48-602 — AR Code / Title 18 / Chapter 48 / Subchapter 6 / Section 18-48-602
Notice of lien
Status: in_force

(a) (1) The notice may be filed at any time after the completion of the work, but must be filed within one (1) year after the agreed price for furnishing or placing the monument, gravestone, enclosure, or other structure becomes due. (2) The notice shall: (A) State that the lienor has a lien on the monument, gravestone, enclosure, or structure for the purchase price thereof, or some unpaid part of the purchase price, with interest, specifying the amount agreed to be paid and the amount unpaid; (B) Provide a description of the monument, gravestone, enclosure, or other structure; (C) Provide the location of the plot upon which the monument, gravestone, enclosure, or other structure stands; and (D) Provide the names of the persons with whom the agreement for the purchase and erection of the structure, or for the performance of labor, was made. (b) The notice shall be signed and verified by the lienor. (c) The lienor shall, within ten (10) days after the filing of the notice, serve a copy, personally or by mail, upon the person with whom the agreement for the purchase and erection of the monument, gravestone, or any other structure, or for the performance of labor thereon, was made and upon the owner of the lot upon which the monument, gravestone, or other structure is erected, if the name and residence of the owner can, with reasonable diligence, be ascertained. Acts 1959, No. 109, § 2; A.S.A. 1947, § 51-931.

(a) (1) The notice may be filed at any time after the completion of the work, but must be filed within one (1) year after the agreed price for furnishing or placing the monument, gravestone, enclosure, or other structure becomes due. (2) The notice shall: (A) State that the lienor has a lien on the monument, gravestone, enclosure, or structure for the purchase price thereof, or some unpaid part of the purchase price, with interest, specifying the amount agreed to be paid and the amount unpaid; (B) Provide a description of the monument, gravestone, enclosure, or other structure; (C) Provide the location of the plot upon which the monument, gravestone, enclosure, or other structure stands; and (D) Provide the names of the persons with whom the agreement for the purchase and erection of the structure, or for the performance of labor, was made.

(1) The notice may be filed at any time after the completion of the work, but must be filed within one (1) year after the agreed price for furnishing or placing the monument, gravestone, enclosure, or other structure becomes due.

(2) The notice shall: (A) State that the lienor has a lien on the monument, gravestone, enclosure, or structure for the purchase price thereof, or some unpaid part of the purchase price, with interest, specifying the amount agreed to be paid and the amount unpaid; (B) Provide a description of the monument, gravestone, enclosure, or other structure; (C) Provide the location of the plot upon which the monument, gravestone, enclosure, or other structure stands; and (D) Provide the names of the persons with whom the agreement for the purchase and erection of the structure, or for the performance of labor, was made.

(A) State that the lienor has a lien on the monument, gravestone, enclosure, or structure for the purchase price thereof, or some unpaid part of the purchase price, with interest, specifying the amount agreed to be paid and the amount unpaid;

(B) Provide a description of the monument, gravestone, enclosure, or other structure;

(C) Provide the location of the plot upon which the monument, gravestone, enclosure, or other structure stands; and

(D) Provide the names of the persons with whom the agreement for the purchase and erection of the structure, or for the performance of labor, was made.

(b) The notice shall be signed and verified by the lienor.

(c) The lienor shall, within ten (10) days after the filing of the notice, serve a copy, personally or by mail, upon the person with whom the agreement for the purchase and erection of the monument, gravestone, or any other structure, or for the performance of labor thereon, was made and upon the owner of the lot upon which the monument, gravestone, or other structure is erected, if the name and residence of the owner can, with reasonable diligence, be ascertained.

Acts 1959, No. 109, § 2; A.S.A. 1947, § 51-931.
Ark. Code Ann. § 18-60-409 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-409
Court order for division
Status: in_force

Upon a petition by all interested in the property being filed, or upon a summons being served upon all who have an interest in the property, and who have not united in the petition ten (10) days before commencement of the term, the court may make an order for the division according to the rights of the parties, by commissioners appointed according to law. Civil Code, § 539; C. & M. Dig., § 8094; Pope's Dig., § 10514; A.S.A. 1947, § 34-1810.

Upon a petition by all interested in the property being filed, or upon a summons being served upon all who have an interest in the property, and who have not united in the petition ten (10) days before commencement of the term, the court may make an order for the division according to the rights of the parties, by commissioners appointed according to law.

Civil Code, § 539; C. & M. Dig., § 8094; Pope's Dig., § 10514; A.S.A. 1947, § 34-1810.
Ark. Code Ann. § 18-49-103 — AR Code / Title 18 / Chapter 49 / Section 18-49-103
Judgment
Status: in_force

(a) It shall not be necessary in any action upon a mortgage or lien to enter an interlocutory judgment or give time for the payment of money, or for doing any other act. In such cases, final judgment may be given in the first instance. (b) In the foreclosure of a mortgage, a sale of the mortgaged property shall be ordered in all cases. (c) In an action on a mortgage or lien, the judgment may be rendered for the sale of the property and for the recovery of the debt against the defendant personally. (d) Whenever a mortgagee reasonably believes that mortgaged property has or will be affected by a release or threatened release of any hazardous substance including, but not limited to, those defined by 42 U.S.C. § 9601(14) and (22) , or § 8-7-403(a)(8) [repealed], or § 8-7-503 , the mortgagee may proceed against the mortgagor personally to recover the debt, without need to first seek a sale of the mortgaged property. Civil Code, §§ 405, 406, 408; C. & M. Dig., §§ 6240-6242; Pope's Dig., §§ 8196-8198, 9474-9476; A.S.A. 1947, §§ 51-1105, 51-1106, 51-1108; Acts 1989, No. 260, § 1.

(a) It shall not be necessary in any action upon a mortgage or lien to enter an interlocutory judgment or give time for the payment of money, or for doing any other act. In such cases, final judgment may be given in the first instance.

(b) In the foreclosure of a mortgage, a sale of the mortgaged property shall be ordered in all cases.

(c) In an action on a mortgage or lien, the judgment may be rendered for the sale of the property and for the recovery of the debt against the defendant personally.

(d) Whenever a mortgagee reasonably believes that mortgaged property has or will be affected by a release or threatened release of any hazardous substance including, but not limited to, those defined by 42 U.S.C. § 9601(14) and (22) , or § 8-7-403(a)(8) [repealed], or § 8-7-503 , the mortgagee may proceed against the mortgagor personally to recover the debt, without need to first seek a sale of the mortgaged property.

Civil Code, §§ 405, 406, 408; C. & M. Dig., §§ 6240-6242; Pope's Dig., §§ 8196-8198, 9474-9476; A.S.A. 1947, §§ 51-1105, 51-1106, 51-1108; Acts 1989, No. 260, § 1.
Ark. Code Ann. § 18-60-203 — AR Code / Title 18 / Chapter 60 / Subchapter 2 / Section 18-60-203
Possession claimed under state patents
Status: in_force

(a) The action of ejectment may be maintained in all cases when the plaintiff claims the possession of the premises under or by virtue of an entry made with the proper swampland agent or land agent of the proper land office of the State of Arkansas. (b) The patent certificates granted by any of the named officers shall be evidence of title in the party to whom it is granted. Acts 1857, § 1, p. 170; C. & M. Dig., § 3690; Pope's Dig., § 4645; A.S.A. 1947, § 34-1405.

(a) The action of ejectment may be maintained in all cases when the plaintiff claims the possession of the premises under or by virtue of an entry made with the proper swampland agent or land agent of the proper land office of the State of Arkansas.

(b) The patent certificates granted by any of the named officers shall be evidence of title in the party to whom it is granted.

Acts 1857, § 1, p. 170; C. & M. Dig., § 3690; Pope's Dig., § 4645; A.S.A. 1947, § 34-1405.
Ark. Code Ann. § 18-44-203 — AR Code / Title 18 / Chapter 44 / Subchapter 2 / Section 18-44-203
Furnishing materials or labor to contractors or subcontractors
Status: in_force

Any person, corporation, firm, association, partnership, or materialman who furnishes machinery, material, or supplies to a contractor or subcontractor or any person who performs labor under a subcontractor with a contractor, or who as an artisan or day laborer in the employ of a contractor or subcontractor performs any labor, shall have a lien on the land or leasehold interest therein, or on the oil pipeline or gas pipeline including the pipeline right-of-way, or on a lease for oil or gas purposes, on the buildings and appurtenances, and on the materials and supplies furnished and on the oil well, gas well, water well, oil or gas pipeline and the right-of-way therefor, mine, or quarry for which they are furnished, and on all of the other oil wells, buildings and appurtenances, leasehold interest, oil or gas pipeline including right-of-way, or land used in the operating for oil, gas, or other minerals upon which leasehold or land for which the material and supplies were furnished and labor performed, in the same manner and to the same extent as the original contractor, for the amount due him or her for the material furnished or labor performed. Acts 1923, No. 615, § 3; Pope's Dig., § 8907; A.S.A. 1947, § 51-703.

Any person, corporation, firm, association, partnership, or materialman who furnishes machinery, material, or supplies to a contractor or subcontractor or any person who performs labor under a subcontractor with a contractor, or who as an artisan or day laborer in the employ of a contractor or subcontractor performs any labor, shall have a lien on the land or leasehold interest therein, or on the oil pipeline or gas pipeline including the pipeline right-of-way, or on a lease for oil or gas purposes, on the buildings and appurtenances, and on the materials and supplies furnished and on the oil well, gas well, water well, oil or gas pipeline and the right-of-way therefor, mine, or quarry for which they are furnished, and on all of the other oil wells, buildings and appurtenances, leasehold interest, oil or gas pipeline including right-of-way, or land used in the operating for oil, gas, or other minerals upon which leasehold or land for which the material and supplies were furnished and labor performed, in the same manner and to the same extent as the original contractor, for the amount due him or her for the material furnished or labor performed.

Acts 1923, No. 615, § 3; Pope's Dig., § 8907; A.S.A. 1947, § 51-703.
Ark. Code Ann. § 18-44-131 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-131
Duty to enter satisfaction
Status: in_force

(a) Whenever any indebtedness which is a lien on any real estate, erection, building, or other improvement is paid and satisfied, it shall be the duty of the creditor to enter satisfaction of the lien upon the record or margin thereof in the office of the clerk of the circuit court. (b) Any creditor refusing or neglecting to do so for ten (10) days after payment shall be liable to any person injured to the amount of injury and for cost of suit. Acts 1895, No. 146, § 23, p. 217; C. & M. Dig., § 6934; Pope's Dig., § 8896; A.S.A. 1947, § 51-624.

(a) Whenever any indebtedness which is a lien on any real estate, erection, building, or other improvement is paid and satisfied, it shall be the duty of the creditor to enter satisfaction of the lien upon the record or margin thereof in the office of the clerk of the circuit court.

(b) Any creditor refusing or neglecting to do so for ten (10) days after payment shall be liable to any person injured to the amount of injury and for cost of suit.

Acts 1895, No. 146, § 23, p. 217; C. & M. Dig., § 6934; Pope's Dig., § 8896; A.S.A. 1947, § 51-624.
Ark. Code Ann. § 18-11-709 — AR Code / Title 18 / Chapter 11 / Subchapter 7 / Section 18-11-709
Relocation affidavit
Status: in_force

(a) If an order under § 18-11-706 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner shall: (1) record, in the land records of each jurisdiction where the servient estate is located, an affidavit certifying that the easement has been relocated; and (2) send, by certified mail, a copy of the recorded affidavit to the easement holder and parties to the civil action. (b) Until an affidavit under subsection (a) is recorded and sent, the easement holder may enter, use, and enjoy the easement in the current location, subject to the court's order under § 18-11-706 approving relocation. (c) If an order under § 18-11-706 does not require an improvement to be constructed as a condition of the relocation, recording the order under § 18-11-706(d) constitutes relocation. Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.

(a) If an order under § 18-11-706 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner shall: (1) record, in the land records of each jurisdiction where the servient estate is located, an affidavit certifying that the easement has been relocated; and (2) send, by certified mail, a copy of the recorded affidavit to the easement holder and parties to the civil action.

(1) record, in the land records of each jurisdiction where the servient estate is located, an affidavit certifying that the easement has been relocated; and

(2) send, by certified mail, a copy of the recorded affidavit to the easement holder and parties to the civil action.

(b) Until an affidavit under subsection (a) is recorded and sent, the easement holder may enter, use, and enjoy the easement in the current location, subject to the court's order under § 18-11-706 approving relocation.

(c) If an order under § 18-11-706 does not require an improvement to be constructed as a condition of the relocation, recording the order under § 18-11-706(d) constitutes relocation.

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 18-60-419 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-419
Attorney's fees
Status: in_force

(a) (1) In all suits in any of the courts of this state for partition of lands when a judgment is rendered for partition in kind, or a sale and a partition of the proceeds, the court rendering the judgment or decree shall allow a reasonable fee to the attorney bringing the suit. (2) The attorney's fee shall be taxed as part of the costs in the cause and shall be paid pro rata as the other costs are paid according to the respective interests of the parties to the suit in the lands so partitioned. (b) (1) When judgment is rendered by a court of this state for partition of realty in kind, or for the sale of realty and partition of the proceeds of the sale, the court in assessing a reasonable fee to be allowed the attorney bringing the action shall consider only those services performed by the attorney requesting a fee which are of common benefit to all parties. (2) The court shall assess no fee for services which benefit only one (1) party, such as services necessary for the preparation and trial of contested issues of title or services for which payment has been made by the agreement of the parties. (c) In no event shall a fee so assessed and taxed as costs exceed forty thousand dollars ($40,000) in total compensation and costs. (d) In no event shall a fee be awarded when the trial court shall determine that the attorney seeking the allowance of a fee has an interest in the subject matter property. (e) Subsections (b)-(d) of this section shall not be construed as limiting the amount of any fee charged by an attorney to the attorney's client. Acts 1921, No. 386, § 1; Pope's Dig., § 10531; Acts 1963, No. 518, § 1; 1983, No. 783, §§ 1, 2; A.S.A. 1947, §§ 34-1825 -- 34-1825.2.

(a) (1) In all suits in any of the courts of this state for partition of lands when a judgment is rendered for partition in kind, or a sale and a partition of the proceeds, the court rendering the judgment or decree shall allow a reasonable fee to the attorney bringing the suit. (2) The attorney's fee shall be taxed as part of the costs in the cause and shall be paid pro rata as the other costs are paid according to the respective interests of the parties to the suit in the lands so partitioned.

(1) In all suits in any of the courts of this state for partition of lands when a judgment is rendered for partition in kind, or a sale and a partition of the proceeds, the court rendering the judgment or decree shall allow a reasonable fee to the attorney bringing the suit.

(2) The attorney's fee shall be taxed as part of the costs in the cause and shall be paid pro rata as the other costs are paid according to the respective interests of the parties to the suit in the lands so partitioned.

(b) (1) When judgment is rendered by a court of this state for partition of realty in kind, or for the sale of realty and partition of the proceeds of the sale, the court in assessing a reasonable fee to be allowed the attorney bringing the action shall consider only those services performed by the attorney requesting a fee which are of common benefit to all parties. (2) The court shall assess no fee for services which benefit only one (1) party, such as services necessary for the preparation and trial of contested issues of title or services for which payment has been made by the agreement of the parties.

(1) When judgment is rendered by a court of this state for partition of realty in kind, or for the sale of realty and partition of the proceeds of the sale, the court in assessing a reasonable fee to be allowed the attorney bringing the action shall consider only those services performed by the attorney requesting a fee which are of common benefit to all parties.

(2) The court shall assess no fee for services which benefit only one (1) party, such as services necessary for the preparation and trial of contested issues of title or services for which payment has been made by the agreement of the parties.

(c) In no event shall a fee so assessed and taxed as costs exceed forty thousand dollars ($40,000) in total compensation and costs.

(d) In no event shall a fee be awarded when the trial court shall determine that the attorney seeking the allowance of a fee has an interest in the subject matter property.

(e) Subsections (b)-(d) of this section shall not be construed as limiting the amount of any fee charged by an attorney to the attorney's client.

Acts 1921, No. 386, § 1; Pope's Dig., § 10531; Acts 1963, No. 518, § 1; 1983, No. 783, §§ 1, 2; A.S.A. 1947, §§ 34-1825 -- 34-1825.2.
Ark. Code Ann. § 18-13-115 — AR Code / Title 18 / Chapter 13 / Section 18-13-115
Conveyances
Status: in_force

(a) Any conveyance or other instrument affecting title to an apartment which describes the apartment by using the plan letter or number followed by the words "in ............... Horizontal Property Regime" shall be deemed to contain a good and sufficient description for all purposes. (b) Any conveyance of an individual apartment shall be deemed to also convey the undivided interest of the owner in the common elements, both general and limited, appertaining to the apartment without specifically or particularly referring to it. Acts 1961 (1st Ex. Sess.), No. 60, § 11; A.S.A. 1947, § 50-1011.

(a) Any conveyance or other instrument affecting title to an apartment which describes the apartment by using the plan letter or number followed by the words "in ............... Horizontal Property Regime" shall be deemed to contain a good and sufficient description for all purposes.

(b) Any conveyance of an individual apartment shall be deemed to also convey the undivided interest of the owner in the common elements, both general and limited, appertaining to the apartment without specifically or particularly referring to it.

Acts 1961 (1st Ex. Sess.), No. 60, § 11; A.S.A. 1947, § 50-1011.
Ark. Code Ann. § 18-45-202 — AR Code / Title 18 / Chapter 45 / Subchapter 2 / Section 18-45-202
Priority of lien
Status: in_force

(a) The lien provided for in this subchapter shall take precedence over, and be superior to, any mortgage or other obligation attaching against the property in all cases in which the holder of the mortgage or other obligation shall permit the property to remain in the possession of and be used by the person owing and bound for the amount thereof. (b) The lien provided for in this subchapter shall be subject to the perfected lien of a financial institution or vendor of automobiles, trucks, tractors, and all other motor-propelled conveyances for any claim for balance of purchase money due thereon. (c) The lien shall not take precedence over a bona fide purchaser for value of any automobile, truck, tractor, and other motor-propelled conveyances without either actual or constructive notice. Acts 1919, No. 140, § 9, p. 123; C. & M. Dig., § 6874; Pope's Dig., § 8830; A.S.A. 1947, § 51-412; Acts 1999, No. 695, § 1.

(a) The lien provided for in this subchapter shall take precedence over, and be superior to, any mortgage or other obligation attaching against the property in all cases in which the holder of the mortgage or other obligation shall permit the property to remain in the possession of and be used by the person owing and bound for the amount thereof.

(b) The lien provided for in this subchapter shall be subject to the perfected lien of a financial institution or vendor of automobiles, trucks, tractors, and all other motor-propelled conveyances for any claim for balance of purchase money due thereon.

(c) The lien shall not take precedence over a bona fide purchaser for value of any automobile, truck, tractor, and other motor-propelled conveyances without either actual or constructive notice.

Acts 1919, No. 140, § 9, p. 123; C. & M. Dig., § 6874; Pope's Dig., § 8830; A.S.A. 1947, § 51-412; Acts 1999, No. 695, § 1.
Ark. Code Ann. § 18-44-204 — AR Code / Title 18 / Chapter 44 / Subchapter 2 / Section 18-44-204
Labor or materials furnished refinery or gasoline extraction plants
Status: in_force

(a) The lien created by this section and §§ 18-44-201 - 18-44-203 and 18-44-205 - 18-44-210 shall apply in favor of any person, corporation, firm, association, or partnership who shall furnish any material, machinery, or supplies or perform any labor in the erection, operation, or repair of any refinery or gasoline extraction plant. (b) The lien shall cover the plant, together with the land upon which it is situated, including all pipelines belonging to the refinery or gasoline extraction plant and used in connection therewith. Acts 1923, No. 615, § 2; Pope's Dig., § 8906; A.S.A. 1947, § 51-702.

(a) The lien created by this section and §§ 18-44-201 - 18-44-203 and 18-44-205 - 18-44-210 shall apply in favor of any person, corporation, firm, association, or partnership who shall furnish any material, machinery, or supplies or perform any labor in the erection, operation, or repair of any refinery or gasoline extraction plant.

(b) The lien shall cover the plant, together with the land upon which it is situated, including all pipelines belonging to the refinery or gasoline extraction plant and used in connection therewith.

Acts 1923, No. 615, § 2; Pope's Dig., § 8906; A.S.A. 1947, § 51-702.
Ark. Code Ann. § 18-47-204 — AR Code / Title 18 / Chapter 47 / Subchapter 2 / Section 18-47-204
Duties of filing officer
Status: in_force

(a) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (b) is presented to a filing officer who is: (1) The Secretary of State, he or she shall cause the notice to be marked, held, and indexed in accordance with the provisions of § 4-9-501 et seq. of the Uniform Commercial Code as if the notice were a financing statement within the meaning of that code; or (2) Any other officer described in § 18-47-202 , he or she shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien, and the total amount appearing on the notice of lien. (b) If a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the Secretary of State for filing, he or she shall: (1) Cause a certificate of release or nonattachment to be marked, held, and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, but the notice of lien to which the certificate relates may not be removed from the files; and (2) Cause a certificate of discharge or subordination to be marked, held, and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code. (c) If a refiled notice of federal lien referred to in subsection (a) or any of the certificates or notices referred to in subsection (b) is presented for filing to any other filing officer specified in § 18-47-202 , he or she shall permanently attach the refiled notice or the certificate to the original notice of lien and enter the refiled notice or the certificate with the date of filing in any alphabetical lien index on the line where the original notice of lien is entered. (d) Upon request of any person, the filing officer shall issue his or her certificate showing whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under this subchapter, or Act 314 of 1941 as amended [repealed], naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate is three dollars ($3.00). Upon request, the filing officer shall furnish a copy of any notice of federal lien, or notice or certificate affecting a federal lien, for a fee of fifty cents (50¢) per page. Acts 1989, No. 835, § 4.

(a) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (b) is presented to a filing officer who is: (1) The Secretary of State, he or she shall cause the notice to be marked, held, and indexed in accordance with the provisions of § 4-9-501 et seq. of the Uniform Commercial Code as if the notice were a financing statement within the meaning of that code; or (2) Any other officer described in § 18-47-202 , he or she shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien, and the total amount appearing on the notice of lien.

(1) The Secretary of State, he or she shall cause the notice to be marked, held, and indexed in accordance with the provisions of § 4-9-501 et seq. of the Uniform Commercial Code as if the notice were a financing statement within the meaning of that code; or

(2) Any other officer described in § 18-47-202 , he or she shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien, and the total amount appearing on the notice of lien.

(b) If a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the Secretary of State for filing, he or she shall: (1) Cause a certificate of release or nonattachment to be marked, held, and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, but the notice of lien to which the certificate relates may not be removed from the files; and (2) Cause a certificate of discharge or subordination to be marked, held, and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.

(1) Cause a certificate of release or nonattachment to be marked, held, and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, but the notice of lien to which the certificate relates may not be removed from the files; and

(2) Cause a certificate of discharge or subordination to be marked, held, and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.

(c) If a refiled notice of federal lien referred to in subsection (a) or any of the certificates or notices referred to in subsection (b) is presented for filing to any other filing officer specified in § 18-47-202 , he or she shall permanently attach the refiled notice or the certificate to the original notice of lien and enter the refiled notice or the certificate with the date of filing in any alphabetical lien index on the line where the original notice of lien is entered.

(d) Upon request of any person, the filing officer shall issue his or her certificate showing whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under this subchapter, or Act 314 of 1941 as amended [repealed], naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate is three dollars ($3.00). Upon request, the filing officer shall furnish a copy of any notice of federal lien, or notice or certificate affecting a federal lien, for a fee of fifty cents (50¢) per page.

Acts 1989, No. 835, § 4.
Ark. Code Ann. § 18-4-208 — AR Code / Title 18 / Chapter 4 / Section 18-4-208
Effect on existing proceedings
Status: in_force

This subchapter applies to a civil or criminal action that is pending at the time of August 16, 2013, in which a final, nonappealable judgment has not been entered. Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.

This subchapter applies to a civil or criminal action that is pending at the time of August 16, 2013, in which a final, nonappealable judgment has not been entered.

Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 18-14-301 — AR Code / Title 18 / Chapter 14 / Subchapter 3 / Section 18-14-301
Time-share plans permitted
Status: in_force

A time-share plan may be established in any accommodation unless expressly prohibited by the project instruments. Amended by Act 2013, No. 710,§ 3, eff. 8/16/2013. Acts 1983, No. 294, Art. 2, § 2-101; A.S.A. 1947, § 50-1308.

A time-share plan may be established in any accommodation unless expressly prohibited by the project instruments.

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

Acts 1983, No. 294, Art. 2, § 2-101; A.S.A. 1947, § 50-1308.
Ark. Code Ann. § 18-48-402 — AR Code / Title 18 / Chapter 48 / Subchapter 4 / Section 18-48-402
Right to lien
Status: in_force

Any person, firm, or corporation engaged in the business of the storage of automobiles and other motor vehicles, whether the storage is the principal line of business or an incident to the regular business, shall have a lien upon the motor vehicle so stored for the sums of money due for the storage. Acts 1951, No. 251, § 1; A.S.A. 1947, § 51-913.

Any person, firm, or corporation engaged in the business of the storage of automobiles and other motor vehicles, whether the storage is the principal line of business or an incident to the regular business, shall have a lien upon the motor vehicle so stored for the sums of money due for the storage.

Acts 1951, No. 251, § 1; A.S.A. 1947, § 51-913.
Ark. Code Ann. § 18-41-107 — AR Code / Title 18 / Chapter 41 / Section 18-41-107
Purchasers or assignees from bailees
Status: in_force

The purchaser or assignee of the receipt of any ginner, warehouser, cotton factor, or other bailee for any cotton, corn, or other farm products in store or custody of the ginner, warehouser, cotton factor, or other bailee shall not be held to be an innocent purchaser of any such produce against the lien of any landlord or laborer. Acts 1885, No. 134, § 3, p. 225; C. & M. Dig., § 6893; Pope's Dig., § 8849; A.S.A. 1947, § 51-205.

The purchaser or assignee of the receipt of any ginner, warehouser, cotton factor, or other bailee for any cotton, corn, or other farm products in store or custody of the ginner, warehouser, cotton factor, or other bailee shall not be held to be an innocent purchaser of any such produce against the lien of any landlord or laborer.

Acts 1885, No. 134, § 3, p. 225; C. & M. Dig., § 6893; Pope's Dig., § 8849; A.S.A. 1947, § 51-205.
Ark. Code Ann. § 18-15-402 — AR Code / Title 18 / Chapter 15 / Subchapter 4 / Section 18-15-402
Authority to enter property - Liability
Status: in_force

For the purpose of making investigations, surveys, tests, and measurements, a municipality is authorized to enter upon any property by its agents, employees, or contractors. However, the municipality shall be liable for any damages to the owner's property resulting from its acts. Acts 1957, No. 269, § 3; A.S.A. 1947, § 35-909.

For the purpose of making investigations, surveys, tests, and measurements, a municipality is authorized to enter upon any property by its agents, employees, or contractors. However, the municipality shall be liable for any damages to the owner's property resulting from its acts.

Acts 1957, No. 269, § 3; A.S.A. 1947, § 35-909.
Ark. Code Ann. § 18-60-608 — AR Code / Title 18 / Chapter 60 / Subchapter 6 / Section 18-60-608
Effect of decree confirming sale
Status: in_force

(a) (1) The judgment or decree of the court confirming the sale shall operate as a complete bar against any and all persons who may thereafter claim the land in consequence of informality or illegality in the proceedings. (2) The title to the land shall be considered as confirmed and complete in the purchaser thereof, his or her heirs and assigns forever, saving, however, to infants, persons of unsound mind, or individuals imprisoned overseas, the right to appear and contest the title to the land within one (1) year after their disabilities may be removed. (b) The decree shall not be valid for any purpose as against the owner of the land, his heirs or assigns, who was, at the time of the decree rendered, in actual possession of it, unless he or she is made a party to the action by personal service of notice therein. Rev. Stat., ch. 149, § 6; Acts 1893, No. 72, § 1, p. 117; C. & M. Dig., § 8391; Pope's Dig., § 10987; Acts 1939, No. 318, § 1; A.S.A. 1947, § 34-1923.

(a) (1) The judgment or decree of the court confirming the sale shall operate as a complete bar against any and all persons who may thereafter claim the land in consequence of informality or illegality in the proceedings. (2) The title to the land shall be considered as confirmed and complete in the purchaser thereof, his or her heirs and assigns forever, saving, however, to infants, persons of unsound mind, or individuals imprisoned overseas, the right to appear and contest the title to the land within one (1) year after their disabilities may be removed.

(1) The judgment or decree of the court confirming the sale shall operate as a complete bar against any and all persons who may thereafter claim the land in consequence of informality or illegality in the proceedings.

(2) The title to the land shall be considered as confirmed and complete in the purchaser thereof, his or her heirs and assigns forever, saving, however, to infants, persons of unsound mind, or individuals imprisoned overseas, the right to appear and contest the title to the land within one (1) year after their disabilities may be removed.

(b) The decree shall not be valid for any purpose as against the owner of the land, his heirs or assigns, who was, at the time of the decree rendered, in actual possession of it, unless he or she is made a party to the action by personal service of notice therein.

Rev. Stat., ch. 149, § 6; Acts 1893, No. 72, § 1, p. 117; C. & M. Dig., § 8391; Pope's Dig., § 10987; Acts 1939, No. 318, § 1; A.S.A. 1947, § 34-1923.
Ark. Code Ann. § 18-17-907 — AR Code / Title 18 / Chapter 17 / Subchapter 9 / Section 18-17-907
Effect of judgment for plaintiff
Status: in_force

If the judgment is for the plaintiff, the district court shall within three (3) days issue a writ of eviction, and the tenant shall be evicted by the sheriff of the county. Acts 2007, No. 1004, § 1; 2009, No. 311, § 8.

If the judgment is for the plaintiff, the district court shall within three (3) days issue a writ of eviction, and the tenant shall be evicted by the sheriff of the county.

Acts 2007, No. 1004, § 1; 2009, No. 311, § 8.
Ark. Code Ann. § 18-40-103 — AR Code / Title 18 / Chapter 40 / Section 18-40-103
Extension of maturity date
Status: in_force

(a) (1) No agreement for the extension of the date of maturity of the whole, or any part, of any debt or note secured by mortgage, deed of trust, or vendor's lien or for the renewal thereof, whether made in writing or otherwise, and no written or oral acknowledgment of indebtedness thereon, shall operate, so far as it affects the rights of third parties, to revive the debts or extend the operation of the statute of limitations with reference thereto, unless the parties execute and acknowledge a written agreement setting forth the terms of the extension or renewal and the description of the property affected and record it in the office of the recorder of the county in which the property is located, or unless a memorandum showing the extension or renewal is endorsed on the margin of the record where the instrument is recorded, which endorsement shall be attested and dated by the clerk. (2) (A) In counties which use other than paper recording systems, all marginal endorsements entered after December 31, 1995, are void. (B) The clerks in counties which use other than paper recording systems shall not allow any marginal endorsements to be made after December 31, 1995, and shall not attest or date any marginal endorsements after December 31, 1995. (b) In all cases of existing recorded mortgages, deeds of trust, or deeds barred by the terms of this section, or when the debt retains liens, when the debt or liability would be barred by the terms of this section, the party in whose favor the debt or liability exists shall be allowed one (1) year from the date of the debt or liability to bring action to enforce it. Acts 1917, No. 374, § 1; C. & M. Dig., § 7382; Pope's Dig., § 9436; Acts 1973, No. 604, § 2; A.S.A. 1947, § 51-1010; Acts 1995, No. 1025, § 1.

(a) (1) No agreement for the extension of the date of maturity of the whole, or any part, of any debt or note secured by mortgage, deed of trust, or vendor's lien or for the renewal thereof, whether made in writing or otherwise, and no written or oral acknowledgment of indebtedness thereon, shall operate, so far as it affects the rights of third parties, to revive the debts or extend the operation of the statute of limitations with reference thereto, unless the parties execute and acknowledge a written agreement setting forth the terms of the extension or renewal and the description of the property affected and record it in the office of the recorder of the county in which the property is located, or unless a memorandum showing the extension or renewal is endorsed on the margin of the record where the instrument is recorded, which endorsement shall be attested and dated by the clerk. (2) (A) In counties which use other than paper recording systems, all marginal endorsements entered after December 31, 1995, are void. (B) The clerks in counties which use other than paper recording systems shall not allow any marginal endorsements to be made after December 31, 1995, and shall not attest or date any marginal endorsements after December 31, 1995.

(1) No agreement for the extension of the date of maturity of the whole, or any part, of any debt or note secured by mortgage, deed of trust, or vendor's lien or for the renewal thereof, whether made in writing or otherwise, and no written or oral acknowledgment of indebtedness thereon, shall operate, so far as it affects the rights of third parties, to revive the debts or extend the operation of the statute of limitations with reference thereto, unless the parties execute and acknowledge a written agreement setting forth the terms of the extension or renewal and the description of the property affected and record it in the office of the recorder of the county in which the property is located, or unless a memorandum showing the extension or renewal is endorsed on the margin of the record where the instrument is recorded, which endorsement shall be attested and dated by the clerk.

(2) (A) In counties which use other than paper recording systems, all marginal endorsements entered after December 31, 1995, are void. (B) The clerks in counties which use other than paper recording systems shall not allow any marginal endorsements to be made after December 31, 1995, and shall not attest or date any marginal endorsements after December 31, 1995.

(A) In counties which use other than paper recording systems, all marginal endorsements entered after December 31, 1995, are void.

(B) The clerks in counties which use other than paper recording systems shall not allow any marginal endorsements to be made after December 31, 1995, and shall not attest or date any marginal endorsements after December 31, 1995.

(b) In all cases of existing recorded mortgages, deeds of trust, or deeds barred by the terms of this section, or when the debt retains liens, when the debt or liability would be barred by the terms of this section, the party in whose favor the debt or liability exists shall be allowed one (1) year from the date of the debt or liability to bring action to enforce it.

Acts 1917, No. 374, § 1; C. & M. Dig., § 7382; Pope's Dig., § 9436; Acts 1973, No. 604, § 2; A.S.A. 1947, § 51-1010; Acts 1995, No. 1025, § 1.
Ark. Code Ann. § 18-48-708 — AR Code / Title 18 / Chapter 48 / Subchapter 7 / Section 18-48-708
Notices - Method of delivery
Status: in_force

(a) Unless otherwise specifically provided, all notices required by this subchapter shall be sent by certified mail, return receipt requested. (b) (1) Notices sent to the operator shall be sent to the marina facility where the occupant's property is stored. (2) Notices to the occupant shall be sent to the occupant at the occupant's last known address. (3) Notices shall be deemed delivered when deposited with the United States Postal Service, properly addressed as provided in § 18-48-706(a) with postage prepaid. Acts 1997, No. 903, § 8.

(a) Unless otherwise specifically provided, all notices required by this subchapter shall be sent by certified mail, return receipt requested.

(b) (1) Notices sent to the operator shall be sent to the marina facility where the occupant's property is stored. (2) Notices to the occupant shall be sent to the occupant at the occupant's last known address. (3) Notices shall be deemed delivered when deposited with the United States Postal Service, properly addressed as provided in § 18-48-706(a) with postage prepaid.

(1) Notices sent to the operator shall be sent to the marina facility where the occupant's property is stored.

(2) Notices to the occupant shall be sent to the occupant at the occupant's last known address.

(3) Notices shall be deemed delivered when deposited with the United States Postal Service, properly addressed as provided in § 18-48-706(a) with postage prepaid.

Acts 1997, No. 903, § 8.
Ark. Code Ann. § 18-15-1304 — AR Code / Title 18 / Chapter 15 / Subchapter 13 / Section 18-15-1304
Abandonment of logging railroad or tram road
Status: in_force

When a logging railroad or tram road is abandoned, the right-of-way shall revert to the owners of the lands over which it crosses. Acts 1905, No. 228, § 3, p. 577; C. & M. Dig., § 3971; Acts 1925, No. 103, § 2; Pope's Dig., § 4973; A.S.A. 1947, § 35-603.

When a logging railroad or tram road is abandoned, the right-of-way shall revert to the owners of the lands over which it crosses.

Acts 1905, No. 228, § 3, p. 577; C. & M. Dig., § 3971; Acts 1925, No. 103, § 2; Pope's Dig., § 4973; A.S.A. 1947, § 35-603.
Ark. Code Ann. § 18-44-107 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-107
Subcontractors - Definitions
Status: in_force

As used in this subchapter: (1) "Contractor" means any person who contracts orally or in writing directly with a person holding an interest in real estate, or such person's agent, for the construction of any improvement to or repair of real estate; (2) "Material supplier" means any person who supplies materials, goods, fixtures, or any other tangible item to the contractor or a subcontractor, or an individual having direct contractual privity with such persons; (3) "Person" includes an individual, a partnership, a corporation, a limited liability organization, a trust, or any other business entity recognized by law; and (4) "Subcontractor" means any person who supplies labor or services pursuant to a contract with the contractor, or to a person in direct privity of contract with such person. Acts 1895, No. 146, § 24, p. 217; C. & M. Dig., § 6935; Pope's Dig., § 8897; A.S.A. 1947, § 51-625; Acts 1995, No. 1298, § 2.

As used in this subchapter:

(1) "Contractor" means any person who contracts orally or in writing directly with a person holding an interest in real estate, or such person's agent, for the construction of any improvement to or repair of real estate;

(2) "Material supplier" means any person who supplies materials, goods, fixtures, or any other tangible item to the contractor or a subcontractor, or an individual having direct contractual privity with such persons;

(3) "Person" includes an individual, a partnership, a corporation, a limited liability organization, a trust, or any other business entity recognized by law; and

(4) "Subcontractor" means any person who supplies labor or services pursuant to a contract with the contractor, or to a person in direct privity of contract with such person.

Acts 1895, No. 146, § 24, p. 217; C. & M. Dig., § 6935; Pope's Dig., § 8897; A.S.A. 1947, § 51-625; Acts 1995, No. 1298, § 2.
Ark. Code Ann. § 18-44-211 — AR Code / Title 18 / Chapter 44 / Subchapter 2 / Section 18-44-211
Lien on output and equipment of oil or gas well
Status: in_force

(a) (1) Any person working in or about the drilling or operation of any oil or gas well or any well being drilled for oil or gas in this state shall have a lien upon the output and production of the oil or gas well for the amount due for his or her work. (2) In addition, his or her lien shall attach to all the machinery, tools, equipment, and implements used in the drilling or operation of oil or gas wells, including all leases to oil or gas rights on the land upon which the drilling or operation is performed. (b) (1) This lien shall not be construed to be a lien upon the real estate of the employer or lessee. (2) However, the lien shall be upon the personal property used and connected with the drilling and operations, on the output or production of the oil or gas wells, and on the oil or gas lease on the land. (c) This lien shall be enforced in the same manner provided by law for the enforcement of laborer's liens. Acts 1923, No. 513, §§ 1, 2; Pope's Dig., §§ 8916, 8917; A.S.A. 1947, §§ 51-320, 51-321.

(a) (1) Any person working in or about the drilling or operation of any oil or gas well or any well being drilled for oil or gas in this state shall have a lien upon the output and production of the oil or gas well for the amount due for his or her work. (2) In addition, his or her lien shall attach to all the machinery, tools, equipment, and implements used in the drilling or operation of oil or gas wells, including all leases to oil or gas rights on the land upon which the drilling or operation is performed.

(1) Any person working in or about the drilling or operation of any oil or gas well or any well being drilled for oil or gas in this state shall have a lien upon the output and production of the oil or gas well for the amount due for his or her work.

(2) In addition, his or her lien shall attach to all the machinery, tools, equipment, and implements used in the drilling or operation of oil or gas wells, including all leases to oil or gas rights on the land upon which the drilling or operation is performed.

(b) (1) This lien shall not be construed to be a lien upon the real estate of the employer or lessee. (2) However, the lien shall be upon the personal property used and connected with the drilling and operations, on the output or production of the oil or gas wells, and on the oil or gas lease on the land.

(1) This lien shall not be construed to be a lien upon the real estate of the employer or lessee.

(2) However, the lien shall be upon the personal property used and connected with the drilling and operations, on the output or production of the oil or gas wells, and on the oil or gas lease on the land.

(c) This lien shall be enforced in the same manner provided by law for the enforcement of laborer's liens.

Acts 1923, No. 513, §§ 1, 2; Pope's Dig., §§ 8916, 8917; A.S.A. 1947, §§ 51-320, 51-321.
Ark. Code Ann. § 18-15-304 — AR Code / Title 18 / Chapter 15 / Subchapter 3 / Section 18-15-304
Hearing
Status: in_force

(a) If it appears to the court or judge that notice has been served ten (10) days before the time of application, or has been published as provided, and that the notice is reasonably specific and certain, then the court or judge may set a time for the inquiry into and assessment of compensation by a jury before the court or judge. (b) A jury shall be summoned for the purpose of making inquiry in the same manner that petit jurors are summoned in the circuit court for other purposes. The inquiry and assessment shall be made at the time appointed unless, for good cause, continued to another day to be specified. (c) If, at the time of the application, it appears that any of the owners of property sought to be condemned are infants or of unsound mind, a guardian ad litem shall be appointed. (d) The municipal corporation may be required to file a more full and accurate description of the property to be taken and the object proposed and maps, plats, and surveys if the court or judge deems them necessary or proper. Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., §§ 4010-4012; Pope's Dig., §§ 5012-5014; A.S.A. 1947, § 35-903.

(a) If it appears to the court or judge that notice has been served ten (10) days before the time of application, or has been published as provided, and that the notice is reasonably specific and certain, then the court or judge may set a time for the inquiry into and assessment of compensation by a jury before the court or judge.

(b) A jury shall be summoned for the purpose of making inquiry in the same manner that petit jurors are summoned in the circuit court for other purposes. The inquiry and assessment shall be made at the time appointed unless, for good cause, continued to another day to be specified.

(c) If, at the time of the application, it appears that any of the owners of property sought to be condemned are infants or of unsound mind, a guardian ad litem shall be appointed.

(d) The municipal corporation may be required to file a more full and accurate description of the property to be taken and the object proposed and maps, plats, and surveys if the court or judge deems them necessary or proper.

Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., §§ 4010-4012; Pope's Dig., §§ 5012-5014; A.S.A. 1947, § 35-903.
Ark. Code Ann. § 18-50-114 — AR Code / Title 18 / Chapter 50 / Section 18-50-114
Reinstatement of mortgage or deed of trust
Status: in_force

(a) (1) Whenever all or a portion of the principal sum of any obligation secured by a mortgage or deed of trust, prior to the maturity date fixed in such obligation, has become due or has been declared due by reason of a breach or default in the performance of any obligation secured by the mortgage or deed of trust, including a default in the payment of interest or of any installment of principal, or by reason of a failure of the grantor to pay, in accordance with the terms of the mortgage or deed of trust, taxes, assessments, premiums for insurance, or advances made by the mortgagee or beneficiary in accordance with the terms of such obligation or of such mortgage or deed of trust, then the mortgagor or grantor or their successors in interest in the trust property may pay, at any time subsequent to the filing for record of a notice of default and intention to sell and prior to the sale, to the mortgagee or beneficiary or their successor in interest the entire amount then due under the terms of such mortgage or deed of trust, including costs and expenses actually incurred in enforcing the terms of the obligation and mortgage or deed of trust, and trustee's and attorney's fees other than that portion of the principal which would not then be due had no default occurred, and thereby cure the default theretofore existing. (2) Thereupon, all proceedings under this chapter theretofore had or instituted shall be dismissed or discontinued, and the obligation and mortgage or deed of trust shall be reinstated and shall be and remain in force and effect, the same as if no acceleration had occurred. (b) If the default is cured and the mortgage or deed of trust reinstated in the manner provided in this section, the mortgagee, beneficiary, or their successors in interest shall file for record with the recorder of the county in which the trust property is situated a duly acknowledged cancellation of the recorded notice of default and intention to sell under such mortgage or deed of trust. Acts 1987, No. 53, § 14.

(a) (1) Whenever all or a portion of the principal sum of any obligation secured by a mortgage or deed of trust, prior to the maturity date fixed in such obligation, has become due or has been declared due by reason of a breach or default in the performance of any obligation secured by the mortgage or deed of trust, including a default in the payment of interest or of any installment of principal, or by reason of a failure of the grantor to pay, in accordance with the terms of the mortgage or deed of trust, taxes, assessments, premiums for insurance, or advances made by the mortgagee or beneficiary in accordance with the terms of such obligation or of such mortgage or deed of trust, then the mortgagor or grantor or their successors in interest in the trust property may pay, at any time subsequent to the filing for record of a notice of default and intention to sell and prior to the sale, to the mortgagee or beneficiary or their successor in interest the entire amount then due under the terms of such mortgage or deed of trust, including costs and expenses actually incurred in enforcing the terms of the obligation and mortgage or deed of trust, and trustee's and attorney's fees other than that portion of the principal which would not then be due had no default occurred, and thereby cure the default theretofore existing. (2) Thereupon, all proceedings under this chapter theretofore had or instituted shall be dismissed or discontinued, and the obligation and mortgage or deed of trust shall be reinstated and shall be and remain in force and effect, the same as if no acceleration had occurred.

(1) Whenever all or a portion of the principal sum of any obligation secured by a mortgage or deed of trust, prior to the maturity date fixed in such obligation, has become due or has been declared due by reason of a breach or default in the performance of any obligation secured by the mortgage or deed of trust, including a default in the payment of interest or of any installment of principal, or by reason of a failure of the grantor to pay, in accordance with the terms of the mortgage or deed of trust, taxes, assessments, premiums for insurance, or advances made by the mortgagee or beneficiary in accordance with the terms of such obligation or of such mortgage or deed of trust, then the mortgagor or grantor or their successors in interest in the trust property may pay, at any time subsequent to the filing for record of a notice of default and intention to sell and prior to the sale, to the mortgagee or beneficiary or their successor in interest the entire amount then due under the terms of such mortgage or deed of trust, including costs and expenses actually incurred in enforcing the terms of the obligation and mortgage or deed of trust, and trustee's and attorney's fees other than that portion of the principal which would not then be due had no default occurred, and thereby cure the default theretofore existing.

(2) Thereupon, all proceedings under this chapter theretofore had or instituted shall be dismissed or discontinued, and the obligation and mortgage or deed of trust shall be reinstated and shall be and remain in force and effect, the same as if no acceleration had occurred.

(b) If the default is cured and the mortgage or deed of trust reinstated in the manner provided in this section, the mortgagee, beneficiary, or their successors in interest shall file for record with the recorder of the county in which the trust property is situated a duly acknowledged cancellation of the recorded notice of default and intention to sell under such mortgage or deed of trust.

Acts 1987, No. 53, § 14.
Ark. Code Ann. § 18-11-601 — AR Code / Title 18 / Chapter 11 / Subchapter 6 / Section 18-11-601
Purpose
Status: in_force

The purpose of this subchapter is to encourage owners of land to make land and water areas available to municipal governments for municipal water supply purposes by limiting the liability of landowners toward persons entering on the land and water areas. Acts 2005, No. 1977, § 1.

The purpose of this subchapter is to encourage owners of land to make land and water areas available to municipal governments for municipal water supply purposes by limiting the liability of landowners toward persons entering on the land and water areas.

Acts 2005, No. 1977, § 1.
Ark. Code Ann. § 18-15-709 — AR Code / Title 18 / Chapter 15 / Subchapter 7 / Section 18-15-709
Order
Status: in_force

(a) If upon view it shall appear to the court that none of the evils provided against in § 18-15-708 are likely to ensue, the court shall then consider whether, all circumstances weighed, it is reasonable that the permission to erect the dam as prayed for should be given, and thereupon make an order, giving permission or not accordingly. (b) The order and decree authorized by subsection (a) of this section and § 18-15-712 and the rights and privileges thereby granted shall, in all cases, be upon and subject to the following conditions: (1) Such conditions in reference to the obstructions of the passage of fish as the court shall think proper to impose; (2) That all damages and valuations made and assessed by the jury shall be paid; and (3) That the dam and mills or other machinery shall be commenced within one (1) year, and they shall be finished and ready for business within three (3) years from the date of the order of permission. Rev. Stat., ch. 98, §§ 15, 17, 18; C. & M. Dig., §§ 3957, 3959, 3960; Pope's Dig., §§ 4959, 4961, 4962; A.S.A. 1947, §§ 35-515, 35-517, 35-518.

(a) If upon view it shall appear to the court that none of the evils provided against in § 18-15-708 are likely to ensue, the court shall then consider whether, all circumstances weighed, it is reasonable that the permission to erect the dam as prayed for should be given, and thereupon make an order, giving permission or not accordingly.

(b) The order and decree authorized by subsection (a) of this section and § 18-15-712 and the rights and privileges thereby granted shall, in all cases, be upon and subject to the following conditions: (1) Such conditions in reference to the obstructions of the passage of fish as the court shall think proper to impose; (2) That all damages and valuations made and assessed by the jury shall be paid; and (3) That the dam and mills or other machinery shall be commenced within one (1) year, and they shall be finished and ready for business within three (3) years from the date of the order of permission.

(1) Such conditions in reference to the obstructions of the passage of fish as the court shall think proper to impose;

(2) That all damages and valuations made and assessed by the jury shall be paid; and

(3) That the dam and mills or other machinery shall be commenced within one (1) year, and they shall be finished and ready for business within three (3) years from the date of the order of permission.

Rev. Stat., ch. 98, §§ 15, 17, 18; C. & M. Dig., §§ 3957, 3959, 3960; Pope's Dig., §§ 4959, 4961, 4962; A.S.A. 1947, §§ 35-515, 35-517, 35-518.
Ark. Code Ann. § 18-15-1704 — AR Code / Title 18 / Chapter 15 / Subchapter 17 / Section 18-15-1704
Statute of limitations
Status: in_force

(a) (1) A lawsuit under this subchapter shall be filed by the one-hundred-eightieth day after the date the private real property owner knew or should have known that the regulatory program restricted or limited the owner's right in the private real property. (2) The statute of limitations begins upon the final administrative decision implementing the regulatory program affecting the owner's or user's property. (b) A program is implemented with respect to an owner's or user's property when actually applied to that property. Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.

(a) (1) A lawsuit under this subchapter shall be filed by the one-hundred-eightieth day after the date the private real property owner knew or should have known that the regulatory program restricted or limited the owner's right in the private real property. (2) The statute of limitations begins upon the final administrative decision implementing the regulatory program affecting the owner's or user's property.

(1) A lawsuit under this subchapter shall be filed by the one-hundred-eightieth day after the date the private real property owner knew or should have known that the regulatory program restricted or limited the owner's right in the private real property.

(2) The statute of limitations begins upon the final administrative decision implementing the regulatory program affecting the owner's or user's property.

(b) A program is implemented with respect to an owner's or user's property when actually applied to that property.

Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.
Ark. Code Ann. § 18-4-205 — AR Code / Title 18 / Chapter 4 / Section 18-4-205
Insurance and annuity benefits
Status: in_force

(a) Insurance and annuity proceeds payable to a slayer as the beneficiary or assignee of a policy or certificate of insurance or an annuity contract on the life of the decedent, or in any other manner payable to the slayer by virtue of the slayer having survived the decedent, shall be paid to the decedent's estate. (b) If the decedent is the beneficiary or assignee of any annuity contract, life insurance policy, or certificate of insurance on the life of the slayer, the proceeds shall be paid to the estate of the decedent upon the death of the slayer. (c) An insurance or annuity company that makes payment according to the terms of the annuity contract, life insurance policy, or certificate of insurance is not liable under this subchapter if payment or performance is made without knowledge of circumstances tending to make this subchapter apply. Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.

(a) Insurance and annuity proceeds payable to a slayer as the beneficiary or assignee of a policy or certificate of insurance or an annuity contract on the life of the decedent, or in any other manner payable to the slayer by virtue of the slayer having survived the decedent, shall be paid to the decedent's estate.

(b) If the decedent is the beneficiary or assignee of any annuity contract, life insurance policy, or certificate of insurance on the life of the slayer, the proceeds shall be paid to the estate of the decedent upon the death of the slayer.

(c) An insurance or annuity company that makes payment according to the terms of the annuity contract, life insurance policy, or certificate of insurance is not liable under this subchapter if payment or performance is made without knowledge of circumstances tending to make this subchapter apply.

Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 18-27-102 — AR Code / Title 18 / Chapter 27 / Subchapter 1 / Section 18-27-102
Safe-deposit boxes
Status: in_force

(a) Any state, national or private bank, savings and loan association, hotel, or other private safe-deposit company, in this subchapter referred to as a bank, financial institution, or company, may maintain safe-deposit boxes and rent the safe-deposit boxes. (b) (1) If a safe-deposit box is held in the name of two (2) or more persons jointly, any one (1) of such persons shall be entitled to access to the box and shall be permitted to remove the contents thereof, and the bank, financial institution, or company shall not be responsible for any damage arising by reason of the access or removal by one (1) of the persons. (2) The death of one (1) holder of a jointly held safe-deposit box does not affect the right of any other holder of the box to have access to and remove contents from the box. (c) (1) If the box rental is delinquent for six (6) months, the bank, financial institution, or company, after at least thirty (30) days' notice by certified return receipt mail addressed to the lessee at his or her last known address on the books of the bank, financial institution, or company, if the rent is not paid within the time specified in the notice, may open the box in the presence of two (2) employees, at least one (1) of whom is an officer or manager of the bank, financial institution, or company, and a notary public. (2) The bank, financial institution, or company must inventory the contents of the box in detail and place the contents of the box in a sealed envelope or container bearing the name of the lessee. (3) (A) The bank, financial institution, or company shall then hold the contents of the box subject to a lien for its rental, the cost of opening the box, and the damages in connection therewith. (B) If such rental, cost, and damages are not paid within two (2) years from the date of opening of such box, the bank, financial institution, or company may sell any part or all of the contents at public auction in like manner and upon like notice as is prescribed for the sale of real property under mortgage or deed of trust. (C) Any unauctioned contents of boxes and any excess proceeds from such sale shall be remitted to the Auditor of State under the procedures prescribed by § 18-28-201 et seq. Acts 1991, No. 415, § 1.

(a) Any state, national or private bank, savings and loan association, hotel, or other private safe-deposit company, in this subchapter referred to as a bank, financial institution, or company, may maintain safe-deposit boxes and rent the safe-deposit boxes.

(b) (1) If a safe-deposit box is held in the name of two (2) or more persons jointly, any one (1) of such persons shall be entitled to access to the box and shall be permitted to remove the contents thereof, and the bank, financial institution, or company shall not be responsible for any damage arising by reason of the access or removal by one (1) of the persons. (2) The death of one (1) holder of a jointly held safe-deposit box does not affect the right of any other holder of the box to have access to and remove contents from the box.

(1) If a safe-deposit box is held in the name of two (2) or more persons jointly, any one (1) of such persons shall be entitled to access to the box and shall be permitted to remove the contents thereof, and the bank, financial institution, or company shall not be responsible for any damage arising by reason of the access or removal by one (1) of the persons.

(2) The death of one (1) holder of a jointly held safe-deposit box does not affect the right of any other holder of the box to have access to and remove contents from the box.

(c) (1) If the box rental is delinquent for six (6) months, the bank, financial institution, or company, after at least thirty (30) days' notice by certified return receipt mail addressed to the lessee at his or her last known address on the books of the bank, financial institution, or company, if the rent is not paid within the time specified in the notice, may open the box in the presence of two (2) employees, at least one (1) of whom is an officer or manager of the bank, financial institution, or company, and a notary public. (2) The bank, financial institution, or company must inventory the contents of the box in detail and place the contents of the box in a sealed envelope or container bearing the name of the lessee. (3) (A) The bank, financial institution, or company shall then hold the contents of the box subject to a lien for its rental, the cost of opening the box, and the damages in connection therewith. (B) If such rental, cost, and damages are not paid within two (2) years from the date of opening of such box, the bank, financial institution, or company may sell any part or all of the contents at public auction in like manner and upon like notice as is prescribed for the sale of real property under mortgage or deed of trust. (C) Any unauctioned contents of boxes and any excess proceeds from such sale shall be remitted to the Auditor of State under the procedures prescribed by § 18-28-201 et seq.

(1) If the box rental is delinquent for six (6) months, the bank, financial institution, or company, after at least thirty (30) days' notice by certified return receipt mail addressed to the lessee at his or her last known address on the books of the bank, financial institution, or company, if the rent is not paid within the time specified in the notice, may open the box in the presence of two (2) employees, at least one (1) of whom is an officer or manager of the bank, financial institution, or company, and a notary public.

(2) The bank, financial institution, or company must inventory the contents of the box in detail and place the contents of the box in a sealed envelope or container bearing the name of the lessee.

(3) (A) The bank, financial institution, or company shall then hold the contents of the box subject to a lien for its rental, the cost of opening the box, and the damages in connection therewith. (B) If such rental, cost, and damages are not paid within two (2) years from the date of opening of such box, the bank, financial institution, or company may sell any part or all of the contents at public auction in like manner and upon like notice as is prescribed for the sale of real property under mortgage or deed of trust. (C) Any unauctioned contents of boxes and any excess proceeds from such sale shall be remitted to the Auditor of State under the procedures prescribed by § 18-28-201 et seq.

(A) The bank, financial institution, or company shall then hold the contents of the box subject to a lien for its rental, the cost of opening the box, and the damages in connection therewith.

(B) If such rental, cost, and damages are not paid within two (2) years from the date of opening of such box, the bank, financial institution, or company may sell any part or all of the contents at public auction in like manner and upon like notice as is prescribed for the sale of real property under mortgage or deed of trust.

(C) Any unauctioned contents of boxes and any excess proceeds from such sale shall be remitted to the Auditor of State under the procedures prescribed by § 18-28-201 et seq.

Acts 1991, No. 415, § 1.
Ark. Code Ann. § 18-15-1601 — AR Code / Title 18 / Chapter 15 / Subchapter 16 / Section 18-15-1601
Authority to condemn
Status: in_force

(a) (1) Every traction company shall have the right to survey its lines, lay out its road, acquire its right-of-way not exceeding two hundred feet (200') in width, and, where necessary to acquire the right-of-way, shall have the power to enter upon, condemn, and appropriate the lands, rights-of-way, easements, and property of persons, firms, or corporations. (2) The method and manner of making the traction company's surveys, laying out its railways, or acquiring its right-of-way, either by contract or condemnation, shall be the same as provided by law in case of the exercise of the right of eminent domain by telegraph, telephone, and railroad companies, under §§ 18-15-1201 - 18-15-1207 , and it shall be subject to the same duties and liabilities and have the same rights as prescribed in those sections with reference to railroads. (b) However, this section shall not be construed so as to authorize the condemnation of public streets or highways. Acts 1901, No. 90, § 3, p. 155; C. & M. Dig., §§ 1759, 4042; Pope's Dig., § 5044; A.S.A. 1947, § 35-208.

(a) (1) Every traction company shall have the right to survey its lines, lay out its road, acquire its right-of-way not exceeding two hundred feet (200') in width, and, where necessary to acquire the right-of-way, shall have the power to enter upon, condemn, and appropriate the lands, rights-of-way, easements, and property of persons, firms, or corporations. (2) The method and manner of making the traction company's surveys, laying out its railways, or acquiring its right-of-way, either by contract or condemnation, shall be the same as provided by law in case of the exercise of the right of eminent domain by telegraph, telephone, and railroad companies, under §§ 18-15-1201 - 18-15-1207 , and it shall be subject to the same duties and liabilities and have the same rights as prescribed in those sections with reference to railroads.

(1) Every traction company shall have the right to survey its lines, lay out its road, acquire its right-of-way not exceeding two hundred feet (200') in width, and, where necessary to acquire the right-of-way, shall have the power to enter upon, condemn, and appropriate the lands, rights-of-way, easements, and property of persons, firms, or corporations.

(2) The method and manner of making the traction company's surveys, laying out its railways, or acquiring its right-of-way, either by contract or condemnation, shall be the same as provided by law in case of the exercise of the right of eminent domain by telegraph, telephone, and railroad companies, under §§ 18-15-1201 - 18-15-1207 , and it shall be subject to the same duties and liabilities and have the same rights as prescribed in those sections with reference to railroads.

(b) However, this section shall not be construed so as to authorize the condemnation of public streets or highways.

Acts 1901, No. 90, § 3, p. 155; C. & M. Dig., §§ 1759, 4042; Pope's Dig., § 5044; A.S.A. 1947, § 35-208.
Ark. Code Ann. § 18-46-117 — AR Code / Title 18 / Chapter 46 / Section 18-46-117
Pro rata payment of claims
Status: in_force

If the amount for which a tortfeasor or an insurer is liable to the patient on account of his or her injury is not sufficient to pay in full the claims of all practitioners, nurses, hospitals, and ambulance service providers that rendered service in the case and who have given notice of liens, then each practitioner, nurse, hospital, and ambulance service provider shall share in the amount payable to the patient in the proportion that his or her claim bears to the total amount claimed by all other practitioners, nurses, hospitals, and ambulance service providers. Acts 1933, No. 130, § 5; Pope's Dig., §§ 7993, 10822; A.S.A. 1947, § 51-805; Acts 1993, No. 271, § 15.

If the amount for which a tortfeasor or an insurer is liable to the patient on account of his or her injury is not sufficient to pay in full the claims of all practitioners, nurses, hospitals, and ambulance service providers that rendered service in the case and who have given notice of liens, then each practitioner, nurse, hospital, and ambulance service provider shall share in the amount payable to the patient in the proportion that his or her claim bears to the total amount claimed by all other practitioners, nurses, hospitals, and ambulance service providers.

Acts 1933, No. 130, § 5; Pope's Dig., §§ 7993, 10822; A.S.A. 1947, § 51-805; Acts 1993, No. 271, § 15.
Ark. Code Ann. § 18-60-706 — AR Code / Title 18 / Chapter 60 / Subchapter 7 / Section 18-60-706
Recording of decree
Status: in_force

A certified copy of the decree shall be entitled to record in the deed records of the county where rendered. Acts 1911, No. 267, § 5; C. & M. Dig., § 8378; Pope's Dig., § 10974; A.S.A. 1947, § 34-1917.

A certified copy of the decree shall be entitled to record in the deed records of the county where rendered.

Acts 1911, No. 267, § 5; C. & M. Dig., § 8378; Pope's Dig., § 10974; A.S.A. 1947, § 34-1917.
Ark. Code Ann. § 18-14-701 — AR Code / Title 18 / Chapter 14 / Subchapter 7 / Section 18-14-701
Definition
Status: in_force

As used in this subchapter, "time-share plan" shall have the same meaning as used in § 18-14-102 . Amended by Act 2013, No. 710,§ 7, eff. 8/16/2013. Acts 1991, No. 619, § 1.

As used in this subchapter, "time-share plan" shall have the same meaning as used in § 18-14-102 .

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

Acts 1991, No. 619, § 1.
Ark. Code Ann. § 18-3-102 — AR Code / Title 18 / Chapter 3 / Section 18-3-102
When nonvested property interest or power of appointment created
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section and in § 18-3-105(a) , the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. (b) For purposes of this chapter, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in § 18-3-101(b) or § 18-3-101(c) , the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. (c) For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created. (d) For purposes of this chapter, if a nongeneral power of appointment or a general testamentary power of appointment is used to create another nongeneral power of appointment or general testamentary power of appointment, the nonvested property interest or power of appointment created through the exercise of the other nongeneral power of appointment or general testamentary power of appointment is considered to have been created at the same time the first nongeneral power of appointment or general testamentary power of appointment was created. Amended by Act 2017, No. 945,§ 3, eff. 8/1/2017. Acts 2007, No. 240, § 1.

(a) Except as provided in subsections (b) and (c) of this section and in § 18-3-105(a) , the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.

(b) For purposes of this chapter, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in § 18-3-101(b) or § 18-3-101(c) , the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.

(c) For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.

(d) For purposes of this chapter, if a nongeneral power of appointment or a general testamentary power of appointment is used to create another nongeneral power of appointment or general testamentary power of appointment, the nonvested property interest or power of appointment created through the exercise of the other nongeneral power of appointment or general testamentary power of appointment is considered to have been created at the same time the first nongeneral power of appointment or general testamentary power of appointment was created.

Amended by Act 2017, No. 945,§ 3, eff. 8/1/2017.

Acts 2007, No. 240, § 1.
Ark. Code Ann. § 18-11-801 — AR Code / Title 18 / Chapter 11 / Subchapter 8 / Section 18-11-801
Purpose
Status: in_force

Under § 2-4-101 , "It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest lands and other facilities for the production of food, fiber, and other agricultural and silvicultural products". Added by Act 2023, No. 636,§ 3, eff. 8/1/2023.

Under § 2-4-101 , "It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest lands and other facilities for the production of food, fiber, and other agricultural and silvicultural products".

Added by Act 2023, No. 636,§ 3, eff. 8/1/2023.
Ark. Code Ann. § 18-50-106 — AR Code / Title 18 / Chapter 50 / Section 18-50-106
Trustee's affidavit
Status: in_force

On or before the date the mortgagee or trustee conducts the sale, a duly acknowledged affidavit of mailing and publication of the notice of default and intention to sell shall be filed for record with the recorder of the county in which the trust property is situated. Acts 1987, No. 53, § 6.

On or before the date the mortgagee or trustee conducts the sale, a duly acknowledged affidavit of mailing and publication of the notice of default and intention to sell shall be filed for record with the recorder of the county in which the trust property is situated.

Acts 1987, No. 53, § 6.
Ark. Code Ann. § 18-28-228 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-228
Rules
Status: in_force

The administrator may adopt pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et. seq., rules necessary to carry out this subchapter. Acts 1999, No. 850, § 28.

The administrator may adopt pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et. seq., rules necessary to carry out this subchapter.

Acts 1999, No. 850, § 28.
Ark. Code Ann. § 18-16-406 — AR Code / Title 18 / Chapter 16 / Subchapter 4 / Section 18-16-406
Default - Right to sell or remove property
Status: in_force

(a) If the occupant is in default for more than forty-five (45) days, the operator may enforce the lien by selling the personal property stored in the leased space at a public sale for cash. (b) (1) If the personal property subject to the lien is a motor vehicle, trailer, or watercraft, and the occupant is in default for at least sixty (60) days, the operator may remove the personal property instead of selling the property under subsection (a) of this section. (2) If a motor vehicle, trailer, or watercraft is removed by a towing operator, the operator is not liable for the personal property or any damages to the personal property once the towing operator takes possession of the personal property. Amended by Act 2015, No. 348,§ 4, eff. 7/22/2015. Acts 1987, No. 576, § 4.

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

(b) (1) If the personal property subject to the lien is a motor vehicle, trailer, or watercraft, and the occupant is in default for at least sixty (60) days, the operator may remove the personal property instead of selling the property under subsection (a) of this section. (2) If a motor vehicle, trailer, or watercraft is removed by a towing operator, the operator is not liable for the personal property or any damages to the personal property once the towing operator takes possession of the personal property.

(1) If the personal property subject to the lien is a motor vehicle, trailer, or watercraft, and the occupant is in default for at least sixty (60) days, the operator may remove the personal property instead of selling the property under subsection (a) of this section.

(2) If a motor vehicle, trailer, or watercraft is removed by a towing operator, the operator is not liable for the personal property or any damages to the personal property once the towing operator takes possession of the personal property.

Amended by Act 2015, No. 348,§ 4, eff. 7/22/2015.

Acts 1987, No. 576, § 4.
Ark. Code Ann. § 18-60-822 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-822
Assessment of value and damages
Status: in_force

In actions for recovery of specific personal property, the jury must assess the value of the property, and the damages for taking or detention, whenever, by their verdict, there will be a judgment for the recovery or return of the property. Civil Code, § 362; C. & M. Dig., § 8653; Pope's Dig., § 11386; A.S.A. 1947, § 34-2115.

In actions for recovery of specific personal property, the jury must assess the value of the property, and the damages for taking or detention, whenever, by their verdict, there will be a judgment for the recovery or return of the property.

Civil Code, § 362; C. & M. Dig., § 8653; Pope's Dig., § 11386; A.S.A. 1947, § 34-2115.
Ark. Code Ann. § 18-49-101 — AR Code / Title 18 / Chapter 49 / Section 18-49-101
Limitation of actions
Status: in_force

(a) In suits to foreclose or enforce mortgages, deeds of trust, or vendor's liens, it shall be sufficient defense that they have not been brought within the period of limitation prescribed by law for a suit on the debt or liability for the security of which they were given. (b) When any payment is made on any existing indebtedness, before it is barred by the statute of limitations, the payment shall not operate to revive the debts or to extend the operations of the statute of limitations, with reference thereto, so far as it affects the rights of judgment lienholders and judgment creditors and third parties, unless the mortgagee, trustee, or beneficiary shall, prior to the expiration of the period of the statute of limitation, execute, acknowledge, and record a written instrument reflecting the amount and date of payments made or shall endorse a memorandum of the payment with date thereof on the margin of the record where the instrument is recorded, and the endorsement shall be attested and dated by the clerk. (c) (1) In all cases in which an indebtedness is secured by any mortgage, deed of trust, or instrument in which a vendor's lien is retained, the mortgage, deed of trust, or vendor's lien may be enforced or foreclosed at any time within the period prescribed by law for foreclosing mortgages or deeds of trust so far as the property mentioned or described in the deed of trust, mortgage, or other instrument is concerned. (2) However, no claim or debt against the estate of a dead person shall be probated against the estate, whether secured by mortgage, deed of trust, or instrument retaining a vendor's lien, or not, except within the time prescribed by law for probating claims against estates. (d) (1) The holder of a vendor's lien, whether as the original beneficiary or as the assignee or transferee thereof, must note on the margin of the record where the vendor's lien is recorded payments relative to the indebtedness secured thereby. (2) If the payments are not noted on the margin of the record, then the debt shall become barred, as to third parties, after five (5) years from the maturity of the indebtedness or after five (5) years from the date of the last payment, if any, which may be noted on the margin of the record, thereby subjecting evidences of indebtedness secured by vendor's lien to the same provisions and limitations provided by law in connection with evidences of indebtedness secured by mortgages or deeds of trust. Acts 1911, No. 260, § 1; C. & M. Dig., § 7408; Acts 1935, No. 36, §§ 1, 2; 1937, No. 370, § 1; Pope's Dig., §§ 9465, 9466; Acts 1973, No. 604, § 1; A.S.A. 1947, §§ 51-1103, 51-1104.

(a) In suits to foreclose or enforce mortgages, deeds of trust, or vendor's liens, it shall be sufficient defense that they have not been brought within the period of limitation prescribed by law for a suit on the debt or liability for the security of which they were given.

(b) When any payment is made on any existing indebtedness, before it is barred by the statute of limitations, the payment shall not operate to revive the debts or to extend the operations of the statute of limitations, with reference thereto, so far as it affects the rights of judgment lienholders and judgment creditors and third parties, unless the mortgagee, trustee, or beneficiary shall, prior to the expiration of the period of the statute of limitation, execute, acknowledge, and record a written instrument reflecting the amount and date of payments made or shall endorse a memorandum of the payment with date thereof on the margin of the record where the instrument is recorded, and the endorsement shall be attested and dated by the clerk.

(c) (1) In all cases in which an indebtedness is secured by any mortgage, deed of trust, or instrument in which a vendor's lien is retained, the mortgage, deed of trust, or vendor's lien may be enforced or foreclosed at any time within the period prescribed by law for foreclosing mortgages or deeds of trust so far as the property mentioned or described in the deed of trust, mortgage, or other instrument is concerned. (2) However, no claim or debt against the estate of a dead person shall be probated against the estate, whether secured by mortgage, deed of trust, or instrument retaining a vendor's lien, or not, except within the time prescribed by law for probating claims against estates.

(1) In all cases in which an indebtedness is secured by any mortgage, deed of trust, or instrument in which a vendor's lien is retained, the mortgage, deed of trust, or vendor's lien may be enforced or foreclosed at any time within the period prescribed by law for foreclosing mortgages or deeds of trust so far as the property mentioned or described in the deed of trust, mortgage, or other instrument is concerned.

(2) However, no claim or debt against the estate of a dead person shall be probated against the estate, whether secured by mortgage, deed of trust, or instrument retaining a vendor's lien, or not, except within the time prescribed by law for probating claims against estates.

(d) (1) The holder of a vendor's lien, whether as the original beneficiary or as the assignee or transferee thereof, must note on the margin of the record where the vendor's lien is recorded payments relative to the indebtedness secured thereby. (2) If the payments are not noted on the margin of the record, then the debt shall become barred, as to third parties, after five (5) years from the maturity of the indebtedness or after five (5) years from the date of the last payment, if any, which may be noted on the margin of the record, thereby subjecting evidences of indebtedness secured by vendor's lien to the same provisions and limitations provided by law in connection with evidences of indebtedness secured by mortgages or deeds of trust.

(1) The holder of a vendor's lien, whether as the original beneficiary or as the assignee or transferee thereof, must note on the margin of the record where the vendor's lien is recorded payments relative to the indebtedness secured thereby.

(2) If the payments are not noted on the margin of the record, then the debt shall become barred, as to third parties, after five (5) years from the maturity of the indebtedness or after five (5) years from the date of the last payment, if any, which may be noted on the margin of the record, thereby subjecting evidences of indebtedness secured by vendor's lien to the same provisions and limitations provided by law in connection with evidences of indebtedness secured by mortgages or deeds of trust.

Acts 1911, No. 260, § 1; C. & M. Dig., § 7408; Acts 1935, No. 36, §§ 1, 2; 1937, No. 370, § 1; Pope's Dig., §§ 9465, 9466; Acts 1973, No. 604, § 1; A.S.A. 1947, §§ 51-1103, 51-1104.
Ark. Code Ann. § 18-14-407 — AR Code / Title 18 / Chapter 14 / Subchapter 4 / Section 18-14-407
Escrow accounts - Other financial assurances
Status: in_force

(a) Any deposit made with the purchase or reservation of a time-share interest from a developer shall be placed in a noninterest-bearing escrow account and held in this state, or other jurisdiction that is acceptable to the Arkansas Real Estate Commission, in a designated account by an independent bonded escrow company or in an institution whose accounts are insured by a governmental agency or instrumentality until: (1) Delivered to the developer at the end of the time for rescission or a later time specified in a contract or sale; (2) Delivered to the developer because of the purchaser's default under a contract to purchase the time-share interest; or (3) Refunded to the purchaser. (b) (1) In lieu of any escrows required by this section, the commission has the discretion to accept other financial assurances, including a surety bond, or a cash deposit in an amount equal to the escrow requirements of this section. (2) Interest earned on a surety bond or other deposit while deposited with, or for the benefit of, the commission becomes the property of the commission and is deposited into the Real Estate Recovery Fund in § 17-42-403 . Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013. Acts 1983, No. 294, Art. 3, § 3-102; A.S.A. 1947, § 50-1316; Acts 1989, No. 44, § 2.

(a) Any deposit made with the purchase or reservation of a time-share interest from a developer shall be placed in a noninterest-bearing escrow account and held in this state, or other jurisdiction that is acceptable to the Arkansas Real Estate Commission, in a designated account by an independent bonded escrow company or in an institution whose accounts are insured by a governmental agency or instrumentality until: (1) Delivered to the developer at the end of the time for rescission or a later time specified in a contract or sale; (2) Delivered to the developer because of the purchaser's default under a contract to purchase the time-share interest; or (3) Refunded to the purchaser.

(1) Delivered to the developer at the end of the time for rescission or a later time specified in a contract or sale;

(2) Delivered to the developer because of the purchaser's default under a contract to purchase the time-share interest; or

(3) Refunded to the purchaser.

(b) (1) In lieu of any escrows required by this section, the commission has the discretion to accept other financial assurances, including a surety bond, or a cash deposit in an amount equal to the escrow requirements of this section. (2) Interest earned on a surety bond or other deposit while deposited with, or for the benefit of, the commission becomes the property of the commission and is deposited into the Real Estate Recovery Fund in § 17-42-403 .

(1) In lieu of any escrows required by this section, the commission has the discretion to accept other financial assurances, including a surety bond, or a cash deposit in an amount equal to the escrow requirements of this section.

(2) Interest earned on a surety bond or other deposit while deposited with, or for the benefit of, the commission becomes the property of the commission and is deposited into the Real Estate Recovery Fund in § 17-42-403 .

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

Acts 1983, No. 294, Art. 3, § 3-102; A.S.A. 1947, § 50-1316; Acts 1989, No. 44, § 2.
Ark. Code Ann. § 18-44-205 — AR Code / Title 18 / Chapter 44 / Subchapter 2 / Section 18-44-205
Improvements on leased land
Status: in_force

The provisions of § 18-44-103 shall not apply to liens created by this subchapter, and in foreclosures under this section and §§ 18-44-201 - 18-44-204 and 18-44-206 - 18-44-210 , all the right, title, and interest of the leaseholder shall be subjected to the lien created by it. Acts 1923, No. 615, § 10; Pope's Dig., § 8914; A.S.A. 1947, § 51-709.

The provisions of § 18-44-103 shall not apply to liens created by this subchapter, and in foreclosures under this section and §§ 18-44-201 - 18-44-204 and 18-44-206 - 18-44-210 , all the right, title, and interest of the leaseholder shall be subjected to the lien created by it.

Acts 1923, No. 615, § 10; Pope's Dig., § 8914; A.S.A. 1947, § 51-709.
Ark. Code Ann. § 18-60-415 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-415
Duties of commissioners
Status: in_force

(a) (1) The commissioners shall immediately proceed to make partition, according to the judgment of the court, unless it shall appear to them, or a majority of them, that partition of the premises cannot be made without great prejudice to the owners. (2) In such a case they shall make report of this fact in court, under their hands, accompanied by an affidavit of the truth of the fact stated in the report so returned. (b) (1) In making partition, the commissioners shall divide the lands and tenements, and allot the several portions and shares thereof to the respective parties, quality and quantity relatively being considered by them according to the respective rights and interests of the parties, so adjudged by the court, designating the several shares and portions by metes and bounds. (2) The commissioners may, when necessary, employ a surveyor and assistants to assist them. (c) (1) The commissioners shall make a full and detailed report of their proceedings, in writing, signed by them, or a majority of them, specifying therein the manner of executing the trust. (2) (A) The report shall describe the lands divided and the shares allotted to each party, with the quantity of each share, the boundaries, courses, and distances, together with any other facts necessary for a complete elucidation of the division. (B) This report shall be accompanied by the affidavits of the commissioners as may sign the report, verifying the facts set forth therein. Rev. Stat., ch. 107, §§ 17-19; C. & M. Dig., §§ 8103-8105; Pope's Dig., §§ 10523-10525; A.S.A. 1947, §§ 34-1817 -- 34-1819.

(a) (1) The commissioners shall immediately proceed to make partition, according to the judgment of the court, unless it shall appear to them, or a majority of them, that partition of the premises cannot be made without great prejudice to the owners. (2) In such a case they shall make report of this fact in court, under their hands, accompanied by an affidavit of the truth of the fact stated in the report so returned.

(1) The commissioners shall immediately proceed to make partition, according to the judgment of the court, unless it shall appear to them, or a majority of them, that partition of the premises cannot be made without great prejudice to the owners.

(2) In such a case they shall make report of this fact in court, under their hands, accompanied by an affidavit of the truth of the fact stated in the report so returned.

(b) (1) In making partition, the commissioners shall divide the lands and tenements, and allot the several portions and shares thereof to the respective parties, quality and quantity relatively being considered by them according to the respective rights and interests of the parties, so adjudged by the court, designating the several shares and portions by metes and bounds. (2) The commissioners may, when necessary, employ a surveyor and assistants to assist them.

(1) In making partition, the commissioners shall divide the lands and tenements, and allot the several portions and shares thereof to the respective parties, quality and quantity relatively being considered by them according to the respective rights and interests of the parties, so adjudged by the court, designating the several shares and portions by metes and bounds.

(2) The commissioners may, when necessary, employ a surveyor and assistants to assist them.

(c) (1) The commissioners shall make a full and detailed report of their proceedings, in writing, signed by them, or a majority of them, specifying therein the manner of executing the trust. (2) (A) The report shall describe the lands divided and the shares allotted to each party, with the quantity of each share, the boundaries, courses, and distances, together with any other facts necessary for a complete elucidation of the division. (B) This report shall be accompanied by the affidavits of the commissioners as may sign the report, verifying the facts set forth therein.

(1) The commissioners shall make a full and detailed report of their proceedings, in writing, signed by them, or a majority of them, specifying therein the manner of executing the trust.

(2) (A) The report shall describe the lands divided and the shares allotted to each party, with the quantity of each share, the boundaries, courses, and distances, together with any other facts necessary for a complete elucidation of the division. (B) This report shall be accompanied by the affidavits of the commissioners as may sign the report, verifying the facts set forth therein.

(A) The report shall describe the lands divided and the shares allotted to each party, with the quantity of each share, the boundaries, courses, and distances, together with any other facts necessary for a complete elucidation of the division.

(B) This report shall be accompanied by the affidavits of the commissioners as may sign the report, verifying the facts set forth therein.

Rev. Stat., ch. 107, §§ 17-19; C. & M. Dig., §§ 8103-8105; Pope's Dig., §§ 10523-10525; A.S.A. 1947, §§ 34-1817 -- 34-1819.
Ark. Code Ann. § 18-13-105 — AR Code / Title 18 / Chapter 13 / Section 18-13-105
Plans to be attached to master deed
Status: in_force

(a) (1) There shall be attached to the master deed, at the time it is filed for record, a full and exact copy of the plans of any existing building on the property or the plans for the building or buildings to be constructed thereon. The copy of the plans shall be entered of record along with the master deed. (2) The plans shall show graphically all particulars of the building constructed or to be constructed, including, but not limited to, the dimensions, area, and location of each apartment therein and the dimensions, area, and location of common elements affording access to each apartment. Other common elements, both limited and general, shall be shown graphically, insofar as possible, and shall be described in detail in words and figures. (3) The plan shall be certified by an engineer or architect authorized and licensed to practice his or her profession in this state. (b) Each apartment in a building shall be designated, on the plans referred to in subsection (a) of this section, by letter or number or other appropriate designation. Acts 1961 (1st Ex. Sess.), No. 60, §§ 10, 11; 1975, No. 731, § 2; A.S.A. 1947, §§ 50-1010, 50-1011.

(a) (1) There shall be attached to the master deed, at the time it is filed for record, a full and exact copy of the plans of any existing building on the property or the plans for the building or buildings to be constructed thereon. The copy of the plans shall be entered of record along with the master deed. (2) The plans shall show graphically all particulars of the building constructed or to be constructed, including, but not limited to, the dimensions, area, and location of each apartment therein and the dimensions, area, and location of common elements affording access to each apartment. Other common elements, both limited and general, shall be shown graphically, insofar as possible, and shall be described in detail in words and figures. (3) The plan shall be certified by an engineer or architect authorized and licensed to practice his or her profession in this state.

(1) There shall be attached to the master deed, at the time it is filed for record, a full and exact copy of the plans of any existing building on the property or the plans for the building or buildings to be constructed thereon. The copy of the plans shall be entered of record along with the master deed.

(2) The plans shall show graphically all particulars of the building constructed or to be constructed, including, but not limited to, the dimensions, area, and location of each apartment therein and the dimensions, area, and location of common elements affording access to each apartment. Other common elements, both limited and general, shall be shown graphically, insofar as possible, and shall be described in detail in words and figures.

(3) The plan shall be certified by an engineer or architect authorized and licensed to practice his or her profession in this state.

(b) Each apartment in a building shall be designated, on the plans referred to in subsection (a) of this section, by letter or number or other appropriate designation.

Acts 1961 (1st Ex. Sess.), No. 60, §§ 10, 11; 1975, No. 731, § 2; A.S.A. 1947, §§ 50-1010, 50-1011.
Ark. Code Ann. § 18-11-402 — AR Code / Title 18 / Chapter 11 / Subchapter 4 / Section 18-11-402
Definition
Status: in_force

For the purposes of this subchapter, the term "recreational purposes" includes, but is not limited to, any of the following, or any combination thereof: (1) Hunting; (2) Fishing; (3) Trapping; (4) Swimming; (5) Boating; (6) Camping; (7) Picnicking; (8) Hiking; (9) Pleasure driving; (10) Nature study; (11) Water skiing; (12) Winter sports; and (13) Viewing or enjoying historical, archeological, scenic, or scientific sites. Acts 1989, No. 35, § 1.

For the purposes of this subchapter, the term "recreational purposes" includes, but is not limited to, any of the following, or any combination thereof:

(1) Hunting;

(2) Fishing;

(3) Trapping;

(4) Swimming;

(5) Boating;

(6) Camping;

(7) Picnicking;

(8) Hiking;

(9) Pleasure driving;

(10) Nature study;

(11) Water skiing;

(12) Winter sports; and

(13) Viewing or enjoying historical, archeological, scenic, or scientific sites.

Acts 1989, No. 35, § 1.
Ark. Code Ann. § 18-60-510 — AR Code / Title 18 / Chapter 60 / Subchapter 5 / Section 18-60-510
Setting aside decree
Status: in_force

(a) Any person may appear within three (3) years and set aside the decree if he or she shall offer to file a meritorious defense. (b) Every person laboring under the disability of infancy or individuals with mental illness or intellectual disabilities, and those claiming under them, may set aside the decree at any time within three (3) years after the removal of their disability. Acts 1899, No. 79, § 7, p. 133; C. & M. Dig., § 8370; Pope's Dig., § 10966; A.S.A. 1947, § 34-1910.

(a) Any person may appear within three (3) years and set aside the decree if he or she shall offer to file a meritorious defense.

(b) Every person laboring under the disability of infancy or individuals with mental illness or intellectual disabilities, and those claiming under them, may set aside the decree at any time within three (3) years after the removal of their disability.

Acts 1899, No. 79, § 7, p. 133; C. & M. Dig., § 8370; Pope's Dig., § 10966; A.S.A. 1947, § 34-1910.
Ark. Code Ann. § 18-28-206 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-206
Burden of proof as to property evidenced by record of check or draft
Status: in_force

A record of the issuance of a check, draft, or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge, and want of consideration are affirmative defenses that must be established by the holder. Acts 1999, No. 850, § 6.

A record of the issuance of a check, draft, or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge, and want of consideration are affirmative defenses that must be established by the holder.

Acts 1999, No. 850, § 6.
Ark. Code Ann. § 18-14-409 — AR Code / Title 18 / Chapter 14 / Subchapter 4 / Section 18-14-409
Mutual rights of cancellation
Status: in_force

(a) (1) Before transfer of a time-share interest and no later than the date of the sales contract, the developer shall provide the intended purchaser with a copy of the public offering statement and any amendments and supplements to the statement. (2) The contract is voidable by the purchaser until he or she has received the public offering statement. (3) The contract is voidable by the purchaser for five (5) days after execution of the contract of sale. (4) Cancellation is without penalty, and all payments made by the purchaser before cancellation shall be refunded within a reasonable time after receipt of the notice of cancellation under subsection (c) of this section. (b) Up to five (5) days after execution of the contract of sale, the developer may cancel the contract of purchase without penalty to either party and shall return all payments made within a reasonable time. (c) If either party elects to cancel a contract under subsection (a) or subsection (b) of this section, he or she may do so by hand-delivering the notice to the other party or by mailing the notice by regular mail to the other party or to his or her agent for service of process, which notice is considered given when deposited in the mail. Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013. Acts 1983, No. 294, Art. 3, § 3-104; A.S.A. 1947, § 50-1318.

(a) (1) Before transfer of a time-share interest and no later than the date of the sales contract, the developer shall provide the intended purchaser with a copy of the public offering statement and any amendments and supplements to the statement. (2) The contract is voidable by the purchaser until he or she has received the public offering statement. (3) The contract is voidable by the purchaser for five (5) days after execution of the contract of sale. (4) Cancellation is without penalty, and all payments made by the purchaser before cancellation shall be refunded within a reasonable time after receipt of the notice of cancellation under subsection (c) of this section.

(1) Before transfer of a time-share interest and no later than the date of the sales contract, the developer shall provide the intended purchaser with a copy of the public offering statement and any amendments and supplements to the statement.

(2) The contract is voidable by the purchaser until he or she has received the public offering statement.

(3) The contract is voidable by the purchaser for five (5) days after execution of the contract of sale.

(4) Cancellation is without penalty, and all payments made by the purchaser before cancellation shall be refunded within a reasonable time after receipt of the notice of cancellation under subsection (c) of this section.

(b) Up to five (5) days after execution of the contract of sale, the developer may cancel the contract of purchase without penalty to either party and shall return all payments made within a reasonable time.

(c) If either party elects to cancel a contract under subsection (a) or subsection (b) of this section, he or she may do so by hand-delivering the notice to the other party or by mailing the notice by regular mail to the other party or to his or her agent for service of process, which notice is considered given when deposited in the mail.

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

Acts 1983, No. 294, Art. 3, § 3-104; A.S.A. 1947, § 50-1318.
Ark. Code Ann. § 18-14-309 — AR Code / Title 18 / Chapter 14 / Subchapter 3 / Section 18-14-309
Supervisory authority
Status: in_force

(a) Notwithstanding the obligations imposed on other persons by this chapter, the developer shall supervise, manage, and control the aspects of the offering of a time-share plan, including the promotion, advertising, contracting, and closing. (b) A violation of this section during the offering is a violation by the developer and the person that committed the violation. Added by Act 2013, No. 710,§ 3, eff. 8/16/2013.

(a) Notwithstanding the obligations imposed on other persons by this chapter, the developer shall supervise, manage, and control the aspects of the offering of a time-share plan, including the promotion, advertising, contracting, and closing.

(b) A violation of this section during the offering is a violation by the developer and the person that committed the violation.

Added by Act 2013, No. 710,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 18-15-705 — AR Code / Title 18 / Chapter 15 / Subchapter 7 / Section 18-15-705
Petition required
Status: in_force

(a) If a dam is proposed to be erected pursuant to § 18-15-704 , the person proposing to erect the dam, if it is likely to overflow any lands on the stream belonging to other persons, shall file his or her petition for that purpose in the circuit court of the county in which he or she proposes to erect his or her mill or other machinery connected with the dam. (b) If a mill or other dam is proposed to be erected near a county line so as to overflow lands in an adjoining county, then the person proposing to erect the dam shall apply to the circuit court of both counties for the relief provided in this subchapter. (c) The petitioner shall set forth: (1) A description of the land and an abstract of the title thereto; (2) The name of the watercourse; (3) A description of the point at which he or she proposes to erect his or her dam; (4) The altitude of the dam which he or she proposes to erect; and (5) The kind of mill and other machinery which he or she proposes to connect with the dam. Rev. Stat., ch. 98, §§ 3-5; C. & M. Dig., §§ 3945-3947; Pope's Dig., §§ 4946-4948; A.S.A. 1947, §§ 35-503--35-505.

(a) If a dam is proposed to be erected pursuant to § 18-15-704 , the person proposing to erect the dam, if it is likely to overflow any lands on the stream belonging to other persons, shall file his or her petition for that purpose in the circuit court of the county in which he or she proposes to erect his or her mill or other machinery connected with the dam.

(b) If a mill or other dam is proposed to be erected near a county line so as to overflow lands in an adjoining county, then the person proposing to erect the dam shall apply to the circuit court of both counties for the relief provided in this subchapter.

(c) The petitioner shall set forth: (1) A description of the land and an abstract of the title thereto; (2) The name of the watercourse; (3) A description of the point at which he or she proposes to erect his or her dam; (4) The altitude of the dam which he or she proposes to erect; and (5) The kind of mill and other machinery which he or she proposes to connect with the dam.

(1) A description of the land and an abstract of the title thereto;

(2) The name of the watercourse;

(3) A description of the point at which he or she proposes to erect his or her dam;

(4) The altitude of the dam which he or she proposes to erect; and

(5) The kind of mill and other machinery which he or she proposes to connect with the dam.

Rev. Stat., ch. 98, §§ 3-5; C. & M. Dig., §§ 3945-3947; Pope's Dig., §§ 4946-4948; A.S.A. 1947, §§ 35-503--35-505.
Ark. Code Ann. § 18-42-106 — AR Code / Title 18 / Chapter 42 / Section 18-42-106
Penalty for fraudulent disposition
Status: in_force

(a) If either party, before settlement, shall dispose of or appropriate any of the things set forth in § 18-42-105 without the consent of the other so as to defraud him or her of the amount due, that party shall be deemed guilty of a misdemeanor and upon conviction may be fined not exceeding one hundred dollars ($100) and confined in the county jail not less than one (1) month nor more than six (6) months. (b) Nothing in this section shall be so construed as forbidding the laborer from mortgaging so much of his or her crop for necessary supplies as may be equal to his or her interest therein at the time, if the employer having contracted to furnish the supplies fails or refuses to do so. Acts 1883, No. 96, § 3, p. 176; C. & M. Dig., § 6882; Pope's Dig., § 8838; A.S.A. 1947, § 51-505.

(a) If either party, before settlement, shall dispose of or appropriate any of the things set forth in § 18-42-105 without the consent of the other so as to defraud him or her of the amount due, that party shall be deemed guilty of a misdemeanor and upon conviction may be fined not exceeding one hundred dollars ($100) and confined in the county jail not less than one (1) month nor more than six (6) months.

(b) Nothing in this section shall be so construed as forbidding the laborer from mortgaging so much of his or her crop for necessary supplies as may be equal to his or her interest therein at the time, if the employer having contracted to furnish the supplies fails or refuses to do so.

Acts 1883, No. 96, § 3, p. 176; C. & M. Dig., § 6882; Pope's Dig., § 8838; A.S.A. 1947, § 51-505.
Ark. Code Ann. § 18-60-209 — AR Code / Title 18 / Chapter 60 / Subchapter 2 / Section 18-60-209
Recovery of damages
Status: in_force

(a) If the plaintiff prevails in the action, he or she shall recover by way of damages the rents and profits down to the time of assessing them. (b) When the plaintiff or those under whom he or she claims title may have entered in any land office of the United States within this state the improvement of the defendant and the action is brought to recover the possession of the improvement the plaintiff shall recover no damages. Rev. Stat., ch. 53, § 13; C. & M. Dig., § 3696; Pope's Dig., § 4651; A.S.A. 1947, § 34-1413.

(a) If the plaintiff prevails in the action, he or she shall recover by way of damages the rents and profits down to the time of assessing them.

(b) When the plaintiff or those under whom he or she claims title may have entered in any land office of the United States within this state the improvement of the defendant and the action is brought to recover the possession of the improvement the plaintiff shall recover no damages.

Rev. Stat., ch. 53, § 13; C. & M. Dig., § 3696; Pope's Dig., § 4651; A.S.A. 1947, § 34-1413.
Ark. Code Ann. § 18-14-401 — AR Code / Title 18 / Chapter 14 / Subchapter 4 / Section 18-14-401
Penalties
Status: in_force

A developer or any other person subject to this chapter that offers or disposes of a time-share interest without complying with this chapter or that violates this chapter is guilty of a misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000) per occurrence or by imprisonment not to exceed one (1) year, or both. Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013. Acts 1983, No. 294, Art. 3, § 3-108; A.S.A. 1947, § 50-1322.

A developer or any other person subject to this chapter that offers or disposes of a time-share interest without complying with this chapter or that violates this chapter is guilty of a misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000) per occurrence or by imprisonment not to exceed one (1) year, or both.

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

Acts 1983, No. 294, Art. 3, § 3-108; A.S.A. 1947, § 50-1322.
Ark. Code Ann. § 18-15-901 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-901
Establishment
Status: in_force

(a) All public landings shall be laid out, opened, and established in a manner agreeable to the provisions of this subchapter. (b) The county court of each county shall have full power and authority to make and enforce all orders necessary for the establishment of public landings. Acts 1909, No. 307, § 1, p. 916; C. & M. Dig., § 4058; Pope's Dig., § 5061; A.S.A. 1947, § 35-1001.

(a) All public landings shall be laid out, opened, and established in a manner agreeable to the provisions of this subchapter.

(b) The county court of each county shall have full power and authority to make and enforce all orders necessary for the establishment of public landings.

Acts 1909, No. 307, § 1, p. 916; C. & M. Dig., § 4058; Pope's Dig., § 5061; A.S.A. 1947, § 35-1001.
Ark. Code Ann. § 18-11-107 — AR Code / Title 18 / Chapter 11 / Subchapter 1 / Section 18-11-107
Required disclosure by closing agent - Definitions
Status: in_force

(a) As used in this section: (1) "Agricultural operation" means an agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including: (A) The care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; (B) The planting, cultivating, harvesting, and processing of crops and timber; and (C) The production of any plant or animal species in a controlled freshwater or saltwater environment; and (2) "Closing agent" means a person that facilitates a closing. (b) A closing agent shall provide a written disclosure statement before or at the time of closing a real estate transaction that makes a buyer of real property aware that: (1) The real property may be located within or near a rural area; and (2) Agricultural operations on real property nearby are protected under § 2-4-101 et seq. and shall not be found to be a public or private nuisance if the agricultural operation employs methods or practices that are commonly or reasonably associated with agricultural production. (c) A cause of action shall not arise against and liability shall not be imposed upon a closing agent or a closing agent's employer due to a failure to provide a buyer of real property the written disclosure statement required under subsection (b) of this section. Added by Act 2019, No. 515,§ 1, eff. 7/24/2019.

(a) As used in this section: (1) "Agricultural operation" means an agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including: (A) The care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; (B) The planting, cultivating, harvesting, and processing of crops and timber; and (C) The production of any plant or animal species in a controlled freshwater or saltwater environment; and (2) "Closing agent" means a person that facilitates a closing.

(1) "Agricultural operation" means an agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including: (A) The care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; (B) The planting, cultivating, harvesting, and processing of crops and timber; and (C) The production of any plant or animal species in a controlled freshwater or saltwater environment; and

(A) The care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses;

(B) The planting, cultivating, harvesting, and processing of crops and timber; and

(C) The production of any plant or animal species in a controlled freshwater or saltwater environment; and

(2) "Closing agent" means a person that facilitates a closing.

(b) A closing agent shall provide a written disclosure statement before or at the time of closing a real estate transaction that makes a buyer of real property aware that: (1) The real property may be located within or near a rural area; and (2) Agricultural operations on real property nearby are protected under § 2-4-101 et seq. and shall not be found to be a public or private nuisance if the agricultural operation employs methods or practices that are commonly or reasonably associated with agricultural production.

(1) The real property may be located within or near a rural area; and

(2) Agricultural operations on real property nearby are protected under § 2-4-101 et seq. and shall not be found to be a public or private nuisance if the agricultural operation employs methods or practices that are commonly or reasonably associated with agricultural production.

(c) A cause of action shall not arise against and liability shall not be imposed upon a closing agent or a closing agent's employer due to a failure to provide a buyer of real property the written disclosure statement required under subsection (b) of this section.

Added by Act 2019, No. 515,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 18-41-102 — AR Code / Title 18 / Chapter 41 / Section 18-41-102
Liability of subtenants
Status: in_force

Any person subrenting lands or tenements shall be held responsible only for the rent of lands and tenements cultivated or occupied by him or her. Acts 1868, No. 67, § 1, p. 245; C. & M. Dig., § 6892; Pope's Dig., § 8848; A.S.A. 1947, § 51-202.

Any person subrenting lands or tenements shall be held responsible only for the rent of lands and tenements cultivated or occupied by him or her.

Acts 1868, No. 67, § 1, p. 245; C. & M. Dig., § 6892; Pope's Dig., § 8848; A.S.A. 1947, § 51-202.
Ark. Code Ann. § 18-15-710 — AR Code / Title 18 / Chapter 15 / Subchapter 7 / Section 18-15-710
Rebuilding or repairing dam and mill
Status: in_force

Whenever the dam and mill or other machinery has been destroyed or materially impaired, they shall be rebuilt or repaired within three (3) years thereafter, but if the owner of the dam and mill is an infant, then the usual saving in favor of infants shall be effective. Rev. Stat., ch. 98, § 19; C. & M. Dig., § 3961; Pope's Dig., § 4963; A.S.A. 1947, § 35-519.

Whenever the dam and mill or other machinery has been destroyed or materially impaired, they shall be rebuilt or repaired within three (3) years thereafter, but if the owner of the dam and mill is an infant, then the usual saving in favor of infants shall be effective.

Rev. Stat., ch. 98, § 19; C. & M. Dig., § 3961; Pope's Dig., § 4963; A.S.A. 1947, § 35-519.
Ark. Code Ann. § 18-60-1014 — AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1014
Effective date
Status: in_force

This subchapter takes effect January 1, 2016. Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

This subchapter takes effect January 1, 2016.

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 18-40-102 — AR Code / Title 18 / Chapter 40 / Section 18-40-102
Lien attaches when recorded
Status: in_force

Every mortgage of real estate shall be a lien on the mortgaged property from the time it is filed in the recorder's office for record, and not before. The filing shall be notice to all persons of the existence of the mortgage. Rev. Stat., ch. 101, § 2; C. & M. Dig., § 7381; Pope's Dig., § 9435; Acts 1961, No. 185, § 10-102(3); A.S.A. 1947, § 51-1002.

Every mortgage of real estate shall be a lien on the mortgaged property from the time it is filed in the recorder's office for record, and not before. The filing shall be notice to all persons of the existence of the mortgage.

Rev. Stat., ch. 101, § 2; C. & M. Dig., § 7381; Pope's Dig., § 9435; Acts 1961, No. 185, § 10-102(3); A.S.A. 1947, § 51-1002.
Ark. Code Ann. § 18-15-807 — AR Code / Title 18 / Chapter 15 / Subchapter 8 / Section 18-15-807
Packet, coal, and stone companies - Power of eminent domain
Status: in_force

(a) (1) Any packet company organized under the laws of this state for the purpose of running boats as common carriers upon its navigable waters is given the right of eminent domain to establish landings and loading places upon any of the navigable streams of this state, or upon any creek or bayou emptying thereinto, with the right to deepen and widen the creeks and bayous for a distance not exceeding three (3) miles from their mouths, in order that they may become suitable harbors. (2) The landing and loading places shall not exceed ten (10) acres in extent at any one (1) place. All steamboats shall have the right to land, load, and unload at the landing places. (b) Packet companies and also all coal and stone companies are also given the right of eminent domain to condemn a right-of-way not exceeding fifty yards (50 yds.) in width for roads or tram roads, to be built from any navigable stream or creek, or bayou emptying thereinto, to any coal mine or stone quarry, in order that the products of the mines or quarries may be transported to the banks of the navigable rivers or to the creeks or bayous, and the right-of-way may be carried across the right-of-way of any railroad company. (c) The proceedings for the condemnation of the landing and loading places and rights-of-way shall be, in all things, the same as provided in §§ 18-15-1202 - 18-15-1207 . Acts 1909, No. 309, §§ 1-3, p. 925; C. & M. Dig., §§ 3973-3975; Pope's Dig., §§ 4975-4977; A.S.A. 1947, §§ 35-701 -- 35-703.

(a) (1) Any packet company organized under the laws of this state for the purpose of running boats as common carriers upon its navigable waters is given the right of eminent domain to establish landings and loading places upon any of the navigable streams of this state, or upon any creek or bayou emptying thereinto, with the right to deepen and widen the creeks and bayous for a distance not exceeding three (3) miles from their mouths, in order that they may become suitable harbors. (2) The landing and loading places shall not exceed ten (10) acres in extent at any one (1) place. All steamboats shall have the right to land, load, and unload at the landing places.

(1) Any packet company organized under the laws of this state for the purpose of running boats as common carriers upon its navigable waters is given the right of eminent domain to establish landings and loading places upon any of the navigable streams of this state, or upon any creek or bayou emptying thereinto, with the right to deepen and widen the creeks and bayous for a distance not exceeding three (3) miles from their mouths, in order that they may become suitable harbors.

(2) The landing and loading places shall not exceed ten (10) acres in extent at any one (1) place. All steamboats shall have the right to land, load, and unload at the landing places.

(b) Packet companies and also all coal and stone companies are also given the right of eminent domain to condemn a right-of-way not exceeding fifty yards (50 yds.) in width for roads or tram roads, to be built from any navigable stream or creek, or bayou emptying thereinto, to any coal mine or stone quarry, in order that the products of the mines or quarries may be transported to the banks of the navigable rivers or to the creeks or bayous, and the right-of-way may be carried across the right-of-way of any railroad company.

(c) The proceedings for the condemnation of the landing and loading places and rights-of-way shall be, in all things, the same as provided in §§ 18-15-1202 - 18-15-1207 .

Acts 1909, No. 309, §§ 1-3, p. 925; C. & M. Dig., §§ 3973-3975; Pope's Dig., §§ 4975-4977; A.S.A. 1947, §§ 35-701 -- 35-703.
Ark. Code Ann. § 18-15-1101 — AR Code / Title 18 / Chapter 15 / Subchapter 11 / Section 18-15-1101
Private property generally
Status: in_force

(a) All corporations organized in this state for the purpose of furnishing water to the public for irrigation of any lands or crops are authorized to exercise the right of eminent domain and to condemn, take, and use private property for the use of the corporations when necessary to carry out the purposes and objects of the corporations. (b) Whenever a corporation, in the construction of its canals, ditches, drains, conduits, aqueducts, dams, bulkheads, or water gates, or in laying pipes, shall deem it necessary or convenient to condemn, take, use, or occupy private property in the construction of its works or in making new lines of canals or other necessary works, the corporation may condemn, take, and use the private property, first making just compensation for the property, and proceeding as provided in this subchapter. Acts 1909, No. 87, §§ 1, 2, p. 234; A.S.A. 1947, §§ 35-1201, 35-1202.

(a) All corporations organized in this state for the purpose of furnishing water to the public for irrigation of any lands or crops are authorized to exercise the right of eminent domain and to condemn, take, and use private property for the use of the corporations when necessary to carry out the purposes and objects of the corporations.

(b) Whenever a corporation, in the construction of its canals, ditches, drains, conduits, aqueducts, dams, bulkheads, or water gates, or in laying pipes, shall deem it necessary or convenient to condemn, take, use, or occupy private property in the construction of its works or in making new lines of canals or other necessary works, the corporation may condemn, take, and use the private property, first making just compensation for the property, and proceeding as provided in this subchapter.

Acts 1909, No. 87, §§ 1, 2, p. 234; A.S.A. 1947, §§ 35-1201, 35-1202.
Ark. Code Ann. § 18-11-109 — AR Code / Title 18 / Chapter 11 / Subchapter 1 / Section 18-11-109
Property owner right to repair - Definition
Status: in_force

(a) As used in this section, "premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities found on real property. (b) A real property owner has the right to: (1) Repair any defect or disrepair found on the premises owned by the real property owner; and (2) Maintain in good repair the premises owned by the real property owner. (c) This section does not limit the authority of the state, county, or municipality to adopt and enforce state building codes and fire prevention standards, require permits, or abate nuisances that do not distinguish between a primary residence and single-family rental property. Added by Act 2021, No. 1073,§ 1, eff. 7/28/2021.

(a) As used in this section, "premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities found on real property.

(b) A real property owner has the right to: (1) Repair any defect or disrepair found on the premises owned by the real property owner; and (2) Maintain in good repair the premises owned by the real property owner.

(1) Repair any defect or disrepair found on the premises owned by the real property owner; and

(2) Maintain in good repair the premises owned by the real property owner.

(c) This section does not limit the authority of the state, county, or municipality to adopt and enforce state building codes and fire prevention standards, require permits, or abate nuisances that do not distinguish between a primary residence and single-family rental property.

Added by Act 2021, No. 1073,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 18-16-305 — AR Code / Title 18 / Chapter 16 / Subchapter 3 / Section 18-16-305
Refund required - Exceptions
Status: in_force

(a) (1) Within sixty (60) days of termination of the tenancy, property or money held by the landlord as security shall be returned to the tenant. (2) However, the money may be applied to the payment of accrued unpaid rent and any damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant, together with the remainder of the amount due sixty (60) days after termination of the tenancy and delivery of possession by the tenant. (b) (1) The landlord shall be deemed to have complied with subsection (a) of this section by mailing via first class mail the written notice and any payment required to the last known address of the tenant. (2) If the letter containing the payment is returned to the landlord and if the landlord is unable to locate the tenant after reasonable effort, then the payment shall become the property of the landlord one hundred eighty (180) days from the date the payment was mailed. Acts 1979, No. 531, § 3; A.S.A. 1947, § 50-527; Acts 2009, No. 559, § 1.

(a) (1) Within sixty (60) days of termination of the tenancy, property or money held by the landlord as security shall be returned to the tenant. (2) However, the money may be applied to the payment of accrued unpaid rent and any damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant, together with the remainder of the amount due sixty (60) days after termination of the tenancy and delivery of possession by the tenant.

(1) Within sixty (60) days of termination of the tenancy, property or money held by the landlord as security shall be returned to the tenant.

(2) However, the money may be applied to the payment of accrued unpaid rent and any damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant, together with the remainder of the amount due sixty (60) days after termination of the tenancy and delivery of possession by the tenant.

(b) (1) The landlord shall be deemed to have complied with subsection (a) of this section by mailing via first class mail the written notice and any payment required to the last known address of the tenant. (2) If the letter containing the payment is returned to the landlord and if the landlord is unable to locate the tenant after reasonable effort, then the payment shall become the property of the landlord one hundred eighty (180) days from the date the payment was mailed.

(1) The landlord shall be deemed to have complied with subsection (a) of this section by mailing via first class mail the written notice and any payment required to the last known address of the tenant.

(2) If the letter containing the payment is returned to the landlord and if the landlord is unable to locate the tenant after reasonable effort, then the payment shall become the property of the landlord one hundred eighty (180) days from the date the payment was mailed.

Acts 1979, No. 531, § 3; A.S.A. 1947, § 50-527; Acts 2009, No. 559, § 1.
Ark. Code Ann. § 18-43-111 — AR Code / Title 18 / Chapter 43 / Section 18-43-111
Laborer allowed attorney's fee
Status: in_force

When a laborer who has filed a lien for wages gives notice thereof to the debtor or owner of the property, which has been subjected to the lien in writing sent by registered or certified mail, and the claim has not been paid within twenty (20) days from the date of the mailing and the laborer is required to sue for the enforcement of his or her claim for wages, the court shall allow the laborer a reasonable attorney's fee in addition to other relief to which he or she may be entitled. Acts 1961, No. 240, § 1; A.S.A. 1947, § 51-639.

When a laborer who has filed a lien for wages gives notice thereof to the debtor or owner of the property, which has been subjected to the lien in writing sent by registered or certified mail, and the claim has not been paid within twenty (20) days from the date of the mailing and the laborer is required to sue for the enforcement of his or her claim for wages, the court shall allow the laborer a reasonable attorney's fee in addition to other relief to which he or she may be entitled.

Acts 1961, No. 240, § 1; A.S.A. 1947, § 51-639.
Ark. Code Ann. § 18-46-109 — AR Code / Title 18 / Chapter 46 / Section 18-46-109
Subrogation of rights
Status: in_force

Any person who, with the consent of a patient injured through the fault or neglect of another person, pays to a practitioner, nurse, hospital, or ambulance service provider the amount due for service to that patient shall be subrogated to the rights of the payee with respect to the establishment and enforcement of a lien under this chapter. Acts 1933, No. 130, § 12; Pope's Dig., §§ 8000, 10829; A.S.A. 1947, § 51-812; Acts 1993, No. 271, § 8.

Any person who, with the consent of a patient injured through the fault or neglect of another person, pays to a practitioner, nurse, hospital, or ambulance service provider the amount due for service to that patient shall be subrogated to the rights of the payee with respect to the establishment and enforcement of a lien under this chapter.

Acts 1933, No. 130, § 12; Pope's Dig., §§ 8000, 10829; A.S.A. 1947, § 51-812; Acts 1993, No. 271, § 8.
Ark. Code Ann. § 18-11-603 — AR Code / Title 18 / Chapter 11 / Subchapter 6 / Section 18-11-603
Construction
Status: in_force

Nothing in this subchapter shall be construed to: (1) Create a duty of care or a basis for liability for injury to persons or property; or (2) Relieve any person using the land of another for a municipal water supply purpose from any obligation that he or she may have in the absence of this subchapter to exercise care in his or her use of the land and in his or her activities on the land or relieve any person from the legal consequences of failure to employ such care. Acts 2005, No. 1977, § 1.

Nothing in this subchapter shall be construed to:

(1) Create a duty of care or a basis for liability for injury to persons or property; or

(2) Relieve any person using the land of another for a municipal water supply purpose from any obligation that he or she may have in the absence of this subchapter to exercise care in his or her use of the land and in his or her activities on the land or relieve any person from the legal consequences of failure to employ such care.

Acts 2005, No. 1977, § 1.
Ark. Code Ann. § 18-45-403 — AR Code / Title 18 / Chapter 45 / Subchapter 4 / Section 18-45-403
Right to sell
Status: in_force

Any person, firm, or corporation having a lien under the provisions of this subchapter and retaining possession of the object, thing, material, or property serviced or repaired by them shall have the right to sell it for the satisfaction of the lien subject to the provisions of this subchapter. Acts 1939, No. 98, § 2; A.S.A. 1947, § 51-418.

Any person, firm, or corporation having a lien under the provisions of this subchapter and retaining possession of the object, thing, material, or property serviced or repaired by them shall have the right to sell it for the satisfaction of the lien subject to the provisions of this subchapter.

Acts 1939, No. 98, § 2; A.S.A. 1947, § 51-418.
Ark. Code Ann. § 18-60-609 — AR Code / Title 18 / Chapter 60 / Subchapter 6 / Section 18-60-609
Effect of title not confirmed
Status: in_force

In case any purchaser or purchasers contemplated in any of the provisions of this subchapter, or his, her, or their heirs or assigns, shall not deem it necessary to use the remedy conferred by this subchapter to confirm the title thereto, then the sale shall have the same effect only as is given to it by the existing laws of this state. Rev. Stat., ch. 149, § 12; C. & M. Dig., § 8393; Pope's Dig., § 10989; A.S.A. 1947, § 34-1925.

In case any purchaser or purchasers contemplated in any of the provisions of this subchapter, or his, her, or their heirs or assigns, shall not deem it necessary to use the remedy conferred by this subchapter to confirm the title thereto, then the sale shall have the same effect only as is given to it by the existing laws of this state.

Rev. Stat., ch. 149, § 12; C. & M. Dig., § 8393; Pope's Dig., § 10989; A.S.A. 1947, § 34-1925.
Ark. Code Ann. § 18-13-108 — AR Code / Title 18 / Chapter 13 / Section 18-13-108
Bylaws
Status: in_force

(a) The administration of every building constituted into horizontal property shall be governed by bylaws which shall be inserted in, or appended to, and recorded with the master deed. (b) The bylaws must necessarily provide for at least the following: (1) Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation thereof; (2) Method of calling or summoning the co-owners to assemble, that a majority of at least fifty-one percent (51%) is required to adopt decisions, who is to preside over the meeting, and who will keep the minute book wherein the resolutions shall be recorded; (3) Care, upkeep, and surveillance of the building and its general or limited common elements and services; (4) Manner of collecting from the co-owners for the payment of the common expenses; and (5) Designation and dismissal of the personnel necessary for the works and the general or limited common services of the building. (c) (1) A horizontal property regime may enter into a partnership with a private actor as provided by § 14-96-201 et seq. to: (A) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and (B) Finance public capital facilities or projects that include broadband internet service. (2) A horizontal property regime in existence on and after January 1, 2021, may conduct any of the activities in subdivision (c)(1) of this section using the procedures to adopt decisions under the bylaws of the horizontal property regime. Amended by Act 2021, No. 795,§ 7, eff. 7/28/2021. Acts 1961 (1st Ex. Sess.), No. 60, §§ 14, 15; A.S.A. 1947, §§ 50-1014, 50-1015.

(a) The administration of every building constituted into horizontal property shall be governed by bylaws which shall be inserted in, or appended to, and recorded with the master deed.

(b) The bylaws must necessarily provide for at least the following: (1) Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation thereof; (2) Method of calling or summoning the co-owners to assemble, that a majority of at least fifty-one percent (51%) is required to adopt decisions, who is to preside over the meeting, and who will keep the minute book wherein the resolutions shall be recorded; (3) Care, upkeep, and surveillance of the building and its general or limited common elements and services; (4) Manner of collecting from the co-owners for the payment of the common expenses; and (5) Designation and dismissal of the personnel necessary for the works and the general or limited common services of the building.

(1) Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation thereof;

(2) Method of calling or summoning the co-owners to assemble, that a majority of at least fifty-one percent (51%) is required to adopt decisions, who is to preside over the meeting, and who will keep the minute book wherein the resolutions shall be recorded;

(3) Care, upkeep, and surveillance of the building and its general or limited common elements and services;

(4) Manner of collecting from the co-owners for the payment of the common expenses; and

(5) Designation and dismissal of the personnel necessary for the works and the general or limited common services of the building.

(c) (1) A horizontal property regime may enter into a partnership with a private actor as provided by § 14-96-201 et seq. to: (A) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and (B) Finance public capital facilities or projects that include broadband internet service. (2) A horizontal property regime in existence on and after January 1, 2021, may conduct any of the activities in subdivision (c)(1) of this section using the procedures to adopt decisions under the bylaws of the horizontal property regime.

(1) A horizontal property regime may enter into a partnership with a private actor as provided by § 14-96-201 et seq. to: (A) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and (B) Finance public capital facilities or projects that include broadband internet service.

(A) Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under § 14-96-201 et seq.; and

(B) Finance public capital facilities or projects that include broadband internet service.

(2) A horizontal property regime in existence on and after January 1, 2021, may conduct any of the activities in subdivision (c)(1) of this section using the procedures to adopt decisions under the bylaws of the horizontal property regime.

Amended by Act 2021, No. 795,§ 7, eff. 7/28/2021.

Acts 1961 (1st Ex. Sess.), No. 60, §§ 14, 15; A.S.A. 1947, §§ 50-1014, 50-1015.
Ark. Code Ann. § 18-16-408 — AR Code / Title 18 / Chapter 16 / Subchapter 4 / Section 18-16-408
Disposition of sale proceeds
Status: in_force

(a) Proceeds from the sale shall be applied to satisfy the lien, and any surplus shall be disbursed as provided in subsection (b) of this section. (b) If a sale is held under this subchapter, the operator shall: (1) Satisfy the lien from the proceeds of the sale; and (2) Hold the balance, if any, for delivery on demand to the occupant or any other recorded lienholders. If demand is not made within two (2) years after the date of the sale, the surplus shall escheat to the county. Acts 1987, No. 576, § 4.

(a) Proceeds from the sale shall be applied to satisfy the lien, and any surplus shall be disbursed as provided in subsection (b) of this section.

(b) If a sale is held under this subchapter, the operator shall: (1) Satisfy the lien from the proceeds of the sale; and (2) Hold the balance, if any, for delivery on demand to the occupant or any other recorded lienholders. If demand is not made within two (2) years after the date of the sale, the surplus shall escheat to the county.

(1) Satisfy the lien from the proceeds of the sale; and

(2) Hold the balance, if any, for delivery on demand to the occupant or any other recorded lienholders. If demand is not made within two (2) years after the date of the sale, the surplus shall escheat to the county.

Acts 1987, No. 576, § 4.
Ark. Code Ann. § 18-44-105 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-105
Lien of architect, engineer, surveyor, appraiser, landscaper, abstractor, or title insurance agent
Status: in_force

(a) Every architect, engineer, surveyor, appraiser, landscaper, abstractor, or title insurance agent who shall do or perform any architectural, engineering, surveying, appraisal, landscaping, or abstracting services upon any land, or who shall issue a title insurance policy or provide landscaping supplies upon any land, building, erection, or improvement upon land, under or by virtue of any written agreement for the performance of the work with the owner thereof, or his or her agent, shall have a lien upon the land, building, erection, or improvement upon land to the extent of the agreed contract price or a reasonable price for those services. (b) (1) However, the lien does not attach to the land, building, erection, or improvement upon land unless and until the lien is duly filed of record with the circuit clerk and recorder in the county in which the land, building, erection, or improvement is located. (2) The lien shall be: (A) Subject to the notice requirements of §§ 18-44-114 and 18-44-115 ; (B) Filed under § 18-44-117 ; and (C) Enforced under this subchapter. Acts 1971, No. 291, § 1; A.S.A. 1947, § 51-642; Acts 2009, No. 454, § 1.

(a) Every architect, engineer, surveyor, appraiser, landscaper, abstractor, or title insurance agent who shall do or perform any architectural, engineering, surveying, appraisal, landscaping, or abstracting services upon any land, or who shall issue a title insurance policy or provide landscaping supplies upon any land, building, erection, or improvement upon land, under or by virtue of any written agreement for the performance of the work with the owner thereof, or his or her agent, shall have a lien upon the land, building, erection, or improvement upon land to the extent of the agreed contract price or a reasonable price for those services.

(b) (1) However, the lien does not attach to the land, building, erection, or improvement upon land unless and until the lien is duly filed of record with the circuit clerk and recorder in the county in which the land, building, erection, or improvement is located. (2) The lien shall be: (A) Subject to the notice requirements of §§ 18-44-114 and 18-44-115 ; (B) Filed under § 18-44-117 ; and (C) Enforced under this subchapter.

(1) However, the lien does not attach to the land, building, erection, or improvement upon land unless and until the lien is duly filed of record with the circuit clerk and recorder in the county in which the land, building, erection, or improvement is located.

(2) The lien shall be: (A) Subject to the notice requirements of §§ 18-44-114 and 18-44-115 ; (B) Filed under § 18-44-117 ; and (C) Enforced under this subchapter.

(A) Subject to the notice requirements of §§ 18-44-114 and 18-44-115 ;

(B) Filed under § 18-44-117 ; and

(C) Enforced under this subchapter.

Acts 1971, No. 291, § 1; A.S.A. 1947, § 51-642; Acts 2009, No. 454, § 1.
Ark. Code Ann. § 18-4-201 — AR Code / Title 18 / Chapter 4 / Section 18-4-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Slayer Law". Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.

This subchapter shall be known and may be cited as the "Arkansas Slayer Law".

Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 18-45-203 — AR Code / Title 18 / Chapter 45 / Subchapter 2 / Section 18-45-203
Right of sale
Status: in_force

Any person, firm, or corporation having a lien under the provisions of this subchapter and retaining possession of the wagon, carriage, automobile, truck, tractor, airplane, motor-propelled conveyance, or other article repaired, or on horses or other animals shod by them, by virtue of the lien thereon for labor or materials, shall have the right to sell those items for the satisfaction of the debt for which the property is held. Acts 1919, No. 140, § 2, p. 123; C. & M. Dig., § 6867; Pope's Dig., § 8823; Acts 1963, No. 159, § 2; A.S.A. 1947, § 51-405.

Any person, firm, or corporation having a lien under the provisions of this subchapter and retaining possession of the wagon, carriage, automobile, truck, tractor, airplane, motor-propelled conveyance, or other article repaired, or on horses or other animals shod by them, by virtue of the lien thereon for labor or materials, shall have the right to sell those items for the satisfaction of the debt for which the property is held.

Acts 1919, No. 140, § 2, p. 123; C. & M. Dig., § 6867; Pope's Dig., § 8823; Acts 1963, No. 159, § 2; A.S.A. 1947, § 51-405.
Ark. Code Ann. § 18-48-206 — AR Code / Title 18 / Chapter 48 / Subchapter 2 / Section 18-48-206
Lien of livestock tender - Amount
Status: in_force

(a) Any person to whom horses, mules, cattle, sheep, hogs, or other livestock shall be entrusted by their owners or their agent for the purpose of feeding, herding, pasturing, keeping, or ranching shall have a lien upon the horses, mules, cattle, sheep, hogs, or other livestock for the amount that may be due for feeding, herding, pasturing, keeping, or ranching, and for all costs incurred in enforcing the lien, including a reasonable sum for attorney's fees. (b) The amount that may be due shall either be the specific sum or the share of the livestock set by written contract or, if no specific sum or share is agreed upon, a reasonable sum for the services. Acts 1957, No. 311, § 1; A.S.A. 1947, § 51-917.

(a) Any person to whom horses, mules, cattle, sheep, hogs, or other livestock shall be entrusted by their owners or their agent for the purpose of feeding, herding, pasturing, keeping, or ranching shall have a lien upon the horses, mules, cattle, sheep, hogs, or other livestock for the amount that may be due for feeding, herding, pasturing, keeping, or ranching, and for all costs incurred in enforcing the lien, including a reasonable sum for attorney's fees.

(b) The amount that may be due shall either be the specific sum or the share of the livestock set by written contract or, if no specific sum or share is agreed upon, a reasonable sum for the services.

Acts 1957, No. 311, § 1; A.S.A. 1947, § 51-917.
Ark. Code Ann. § 18-15-1009 — AR Code / Title 18 / Chapter 15 / Subchapter 10 / Section 18-15-1009
Limitation on actions and damages
Status: in_force

(a) All actions for the recovery of damages against any levee or drainage district for the appropriation of land or the construction or maintenance of either levees or drains shall be instituted within one (1) year after the construction of the levees or drains, and not thereafter. (b) The recovery of damages on account of the construction or maintenance of levees or drains shall be limited and confined to the elements of damage mentioned and provided for in this section, §§ 18-15-1001 - 18-15-1008 , and § 18-15-1010 . Acts 1945, No. 177, §§ 9, 10; A.S.A. 1947, §§ 35-1109, 35-1110.

(a) All actions for the recovery of damages against any levee or drainage district for the appropriation of land or the construction or maintenance of either levees or drains shall be instituted within one (1) year after the construction of the levees or drains, and not thereafter.

(b) The recovery of damages on account of the construction or maintenance of levees or drains shall be limited and confined to the elements of damage mentioned and provided for in this section, §§ 18-15-1001 - 18-15-1008 , and § 18-15-1010 .

Acts 1945, No. 177, §§ 9, 10; A.S.A. 1947, §§ 35-1109, 35-1110.
Ark. Code Ann. § 18-40-108 — AR Code / Title 18 / Chapter 40 / Section 18-40-108
Validation of prior releases
Status: in_force

(a) All releases of mortgages, liens, liens under deeds of trust, vendor's liens, or other liens appearing upon the record, either upon the margin of the record of the instrument reserving the lien or by separate instrument upon the record, when appearing upon the record as of the date of the passage of this act, shall be valid and effectual as a release of the lien as fully as if executed by the person entitled to release it whether the releases purport to be executed by the: (1) Mortgagee, trustee, or the beneficiary in the lien; (2) Agent or attorney of the mortgagee, trustee, or beneficiary; (3) Circuit clerk or his or her deputy; (4) Assignee of any notes secured by the liens; or (5) Assignee of the instrument reserving a lien. (b) (1) The clerks in counties which use other than paper recording systems shall not allow marginal releases to be entered after December 31, 1995. (2) Marginal releases entered after December 31, 1995, are void. Acts 1955, No. 101, § 2; A.S.A. 1947, § 51-1018; Acts 1995, No. 1025, § 5.

(a) All releases of mortgages, liens, liens under deeds of trust, vendor's liens, or other liens appearing upon the record, either upon the margin of the record of the instrument reserving the lien or by separate instrument upon the record, when appearing upon the record as of the date of the passage of this act, shall be valid and effectual as a release of the lien as fully as if executed by the person entitled to release it whether the releases purport to be executed by the: (1) Mortgagee, trustee, or the beneficiary in the lien; (2) Agent or attorney of the mortgagee, trustee, or beneficiary; (3) Circuit clerk or his or her deputy; (4) Assignee of any notes secured by the liens; or (5) Assignee of the instrument reserving a lien.

(1) Mortgagee, trustee, or the beneficiary in the lien;

(2) Agent or attorney of the mortgagee, trustee, or beneficiary;

(3) Circuit clerk or his or her deputy;

(4) Assignee of any notes secured by the liens; or

(5) Assignee of the instrument reserving a lien.

(b) (1) The clerks in counties which use other than paper recording systems shall not allow marginal releases to be entered after December 31, 1995. (2) Marginal releases entered after December 31, 1995, are void.

(1) The clerks in counties which use other than paper recording systems shall not allow marginal releases to be entered after December 31, 1995.

(2) Marginal releases entered after December 31, 1995, are void.

Acts 1955, No. 101, § 2; A.S.A. 1947, § 51-1018; Acts 1995, No. 1025, § 5.
Ark. Code Ann. § 18-44-401 — AR Code / Title 18 / Chapter 44 / Subchapter 4 / Section 18-44-401
Accrual of lien - Lien of injury
Status: in_force

There shall be a lien on the railroad for the labor, materials, machinery, fixtures, board, provisions, supplies, loss, damage, and services upon the roadbed, buildings, equipment, income, franchise, right-of-way, and all other appurtenances of the railroad for: (1) Every mechanic, contractor, subcontractor, builder, artisan, workman, laborer, or other person who shall do or perform any work or labor, or cause to be done or performed any work or labor upon, or furnish any materials, machinery, fixtures, or other things toward the building, construction, or equipment of any railroad, or to facilitating the operation of any railroad whether completed or not; (2) Every person who performs work of any kind in the construction or repair of any railroad, whether under contract with the railroad or with a contractor or subcontractor thereof; (3) Every person who furnishes any board, provisions, or supplies for any employees, or teams of any railroad employed in the construction or repair thereof, with the consent or authority of the person authorized to make the construction or repair; (4) Every person who shall sustain loss or damage to person or property from any railroad for which a liability may exist at law; and (5) Every person who performs any valuable services, manual or professional, for any railroad by or from which the railroad receives a benefit. Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 1, p. 145; C. & M. Dig., § 8555; Pope's Dig., § 11131; A.S.A. 1947, § 73-737.

There shall be a lien on the railroad for the labor, materials, machinery, fixtures, board, provisions, supplies, loss, damage, and services upon the roadbed, buildings, equipment, income, franchise, right-of-way, and all other appurtenances of the railroad for:

(1) Every mechanic, contractor, subcontractor, builder, artisan, workman, laborer, or other person who shall do or perform any work or labor, or cause to be done or performed any work or labor upon, or furnish any materials, machinery, fixtures, or other things toward the building, construction, or equipment of any railroad, or to facilitating the operation of any railroad whether completed or not;

(2) Every person who performs work of any kind in the construction or repair of any railroad, whether under contract with the railroad or with a contractor or subcontractor thereof;

(3) Every person who furnishes any board, provisions, or supplies for any employees, or teams of any railroad employed in the construction or repair thereof, with the consent or authority of the person authorized to make the construction or repair;

(4) Every person who shall sustain loss or damage to person or property from any railroad for which a liability may exist at law; and

(5) Every person who performs any valuable services, manual or professional, for any railroad by or from which the railroad receives a benefit.

Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 1, p. 145; C. & M. Dig., § 8555; Pope's Dig., § 11131; A.S.A. 1947, § 73-737.
Ark. Code Ann. § 18-43-104 — AR Code / Title 18 / Chapter 43 / Section 18-43-104
Time liens take effect
Status: in_force

Liens under the provisions of §§ 18-43-101 , 18-43-105 - 18-43-110 , and 18-43-112 - 18-43-117 are in full force and effect from and after the time the labor is performed. Acts 1868, No. 64, § 14, p. 224; C. & M. Dig., § 6859; Pope's Dig., § 8815; A.S.A. 1947, § 51-312.

Liens under the provisions of §§ 18-43-101 , 18-43-105 - 18-43-110 , and 18-43-112 - 18-43-117 are in full force and effect from and after the time the labor is performed.

Acts 1868, No. 64, § 14, p. 224; C. & M. Dig., § 6859; Pope's Dig., § 8815; A.S.A. 1947, § 51-312.
Ark. Code Ann. § 18-48-301 — AR Code / Title 18 / Chapter 48 / Subchapter 3 / Section 18-48-301
Nature of lien
Status: in_force

(a) The owner of any male animal, kept for the propagation of his species, shall have a lien upon any female animal and her offspring to which the male is let for the sum contracted therefor. (b) The lien shall attach at the time of service of the male and shall not be lost by reason of any sale, exchange, or removal from the county, or other disposition, without consent of the person holding the lien, in which case it may be immediately enforced. Acts 1909, No. 252, § 1, p. 756; C. & M. Dig., § 6937; Pope's Dig., § 8899; A.S.A. 1947, § 51-905.

(a) The owner of any male animal, kept for the propagation of his species, shall have a lien upon any female animal and her offspring to which the male is let for the sum contracted therefor.

(b) The lien shall attach at the time of service of the male and shall not be lost by reason of any sale, exchange, or removal from the county, or other disposition, without consent of the person holding the lien, in which case it may be immediately enforced.

Acts 1909, No. 252, § 1, p. 756; C. & M. Dig., § 6937; Pope's Dig., § 8899; A.S.A. 1947, § 51-905.
Ark. Code Ann. § 18-28-222 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-222
Enforcement
Status: in_force

The administrator may maintain an action in this or another state to enforce this subchapter. The court may award reasonable attorney's fees to the prevailing party. Acts 1999, No. 850, § 22.

The administrator may maintain an action in this or another state to enforce this subchapter. The court may award reasonable attorney's fees to the prevailing party.

Acts 1999, No. 850, § 22.
Ark. Code Ann. § 18-17-104 — AR Code / Title 18 / Chapter 17 / Subchapter 1 / Section 18-17-104
Settlement of disputed claim or right
Status: in_force

A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement. Acts 2007, No. 1004, § 1.

A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-44-135 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-135
Jointly owned property
Status: in_force

In the event that property is jointly owned, the signature of one (1) of the owners is sufficient for the purposes of this chapter. Acts 1995, No. 1298, § 12.

In the event that property is jointly owned, the signature of one (1) of the owners is sufficient for the purposes of this chapter.

Acts 1995, No. 1298, § 12.
Ark. Code Ann. § 18-15-1702 — AR Code / Title 18 / Chapter 15 / Subchapter 17 / Section 18-15-1702
Definitions
Status: in_force

As used in this subchapter: (1) "Fair market value" means the price a willing buyer would pay a willing seller after considering all factors in the marketplace that influence the price of private real property; (2) "Governmental unit" means the state and any of its agencies or political subdivisions; (3) "Owner" means a person with legal or equitable title to affected private real property at the time a taking occurs; (4) "Real property" means real property, the use of which is directly controlled or regulated by a regulatory program; (5) (A) "Regulatory program" means a rule, regulation, law, or ordinance that affects the fair market value of real property. (B) "Regulatory program" includes without limitation moratoriums on growth, aesthetic or scenic districts, environmental districts, overlay districts, green space ordinances, landscape ordinances, tree ordinances, land use planning programs, and zoning programs by a governmental unit when the regulatory program is not designed to carry out or protect the adopted plans of a governmental unit that are designed to protect the health, safety, or welfare of the citizens. (C) "Regulatory program" does not include a moratorium enacted to give a municipality time to adopt or amend plans and ordinances; and (6) "Territorial jurisdiction" means the territorial jurisdiction of a municipality as described in § 14-56-413 . Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.

As used in this subchapter:

(1) "Fair market value" means the price a willing buyer would pay a willing seller after considering all factors in the marketplace that influence the price of private real property;

(2) "Governmental unit" means the state and any of its agencies or political subdivisions;

(3) "Owner" means a person with legal or equitable title to affected private real property at the time a taking occurs;

(4) "Real property" means real property, the use of which is directly controlled or regulated by a regulatory program;

(5) (A) "Regulatory program" means a rule, regulation, law, or ordinance that affects the fair market value of real property. (B) "Regulatory program" includes without limitation moratoriums on growth, aesthetic or scenic districts, environmental districts, overlay districts, green space ordinances, landscape ordinances, tree ordinances, land use planning programs, and zoning programs by a governmental unit when the regulatory program is not designed to carry out or protect the adopted plans of a governmental unit that are designed to protect the health, safety, or welfare of the citizens. (C) "Regulatory program" does not include a moratorium enacted to give a municipality time to adopt or amend plans and ordinances; and

(A) "Regulatory program" means a rule, regulation, law, or ordinance that affects the fair market value of real property.

(B) "Regulatory program" includes without limitation moratoriums on growth, aesthetic or scenic districts, environmental districts, overlay districts, green space ordinances, landscape ordinances, tree ordinances, land use planning programs, and zoning programs by a governmental unit when the regulatory program is not designed to carry out or protect the adopted plans of a governmental unit that are designed to protect the health, safety, or welfare of the citizens.

(C) "Regulatory program" does not include a moratorium enacted to give a municipality time to adopt or amend plans and ordinances; and

(6) "Territorial jurisdiction" means the territorial jurisdiction of a municipality as described in § 14-56-413 .

Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.
Ark. Code Ann. § 18-60-303 — AR Code / Title 18 / Chapter 60 / Subchapter 3 / Section 18-60-303
Actions constituting forcible entry and detainer
Status: in_force

A person shall be guilty of a forcible entry and detainer within the meaning of this subchapter if the person shall: (1) Enter into or upon any lands, tenements, or other possessions and detain or hold them without right or claim to title; (2) Enter by breaking open the doors and windows or other parts of the house, whether any person is in it or not; (3) Threaten to kill, maim, or beat the party in possession or use words and actions as have a natural tendency to excite fear or apprehension of danger; (4) Put out of doors or carry away the goods of the party in possession; or (5) Enter peaceably and then turning out by force or frightening by threats or other circumstances of terror the party to yield possession. Acts 1981, No. 615, § 3; A.S.A. 1947, § 34-1503.

A person shall be guilty of a forcible entry and detainer within the meaning of this subchapter if the person shall:

(1) Enter into or upon any lands, tenements, or other possessions and detain or hold them without right or claim to title;

(2) Enter by breaking open the doors and windows or other parts of the house, whether any person is in it or not;

(3) Threaten to kill, maim, or beat the party in possession or use words and actions as have a natural tendency to excite fear or apprehension of danger;

(4) Put out of doors or carry away the goods of the party in possession; or

(5) Enter peaceably and then turning out by force or frightening by threats or other circumstances of terror the party to yield possession.

Acts 1981, No. 615, § 3; A.S.A. 1947, § 34-1503.
Ark. Code Ann. § 18-28-215 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-215
Filing claim with administrator - Handling of claims by administrator
Status: in_force

(a) A person, excluding another state, claiming property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant. (b) Within ninety (90) days after a claim is filed, the administrator shall allow or deny the claim and give written notice of the decision to the claimant. If the claim is denied, the administrator shall inform the claimant of the reasons for the denial and specify what additional evidence is required before the claim will be allowed. The claimant may then file a new claim with the administrator or maintain an action under § 18-28-216 . (c) (1) Except as provided in subdivision (c)(2) of this section, within thirty (30) days after a claim is allowed, the property or the net proceeds of a sale of the property must be delivered or paid by the administrator to the claimant, together with any dividend, interest, or other increment to which the claimant is entitled under §§ 18-28-211 and 18-28-212 . (2) If in order to transfer property to the claimant under this section, fees or costs are required to be paid prior to transfer, the administrator may sell all or a portion of the property and deduct the costs of transfer from the proceeds of the sale, and any proceeds remaining shall be paid to the claimant. (d) A holder who pays the owner for property that has been delivered to the state and which, if claimed from the administrator by the owner would be subject to an increment under §§ 18-28-211 and 18-28-212 , may recover from the administrator the amount of the increment. Acts 1999, No. 850, § 15; 2005, No. 175, § 3.

(a) A person, excluding another state, claiming property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant.

(b) Within ninety (90) days after a claim is filed, the administrator shall allow or deny the claim and give written notice of the decision to the claimant. If the claim is denied, the administrator shall inform the claimant of the reasons for the denial and specify what additional evidence is required before the claim will be allowed. The claimant may then file a new claim with the administrator or maintain an action under § 18-28-216 .

(c) (1) Except as provided in subdivision (c)(2) of this section, within thirty (30) days after a claim is allowed, the property or the net proceeds of a sale of the property must be delivered or paid by the administrator to the claimant, together with any dividend, interest, or other increment to which the claimant is entitled under §§ 18-28-211 and 18-28-212 . (2) If in order to transfer property to the claimant under this section, fees or costs are required to be paid prior to transfer, the administrator may sell all or a portion of the property and deduct the costs of transfer from the proceeds of the sale, and any proceeds remaining shall be paid to the claimant.

(1) Except as provided in subdivision (c)(2) of this section, within thirty (30) days after a claim is allowed, the property or the net proceeds of a sale of the property must be delivered or paid by the administrator to the claimant, together with any dividend, interest, or other increment to which the claimant is entitled under §§ 18-28-211 and 18-28-212 .

(2) If in order to transfer property to the claimant under this section, fees or costs are required to be paid prior to transfer, the administrator may sell all or a portion of the property and deduct the costs of transfer from the proceeds of the sale, and any proceeds remaining shall be paid to the claimant.

(d) A holder who pays the owner for property that has been delivered to the state and which, if claimed from the administrator by the owner would be subject to an increment under §§ 18-28-211 and 18-28-212 , may recover from the administrator the amount of the increment.

Acts 1999, No. 850, § 15; 2005, No. 175, § 3.
Ark. Code Ann. § 18-17-906 — AR Code / Title 18 / Chapter 17 / Subchapter 9 / Section 18-17-906
Designation of parties in eviction
Status: in_force

In any eviction proceeding in a district court, the landlord shall be designated as plaintiff and the tenant as defendant. Acts 2007, No. 1004, § 1; 2009, No. 311, § 7.

In any eviction proceeding in a district court, the landlord shall be designated as plaintiff and the tenant as defendant.

Acts 2007, No. 1004, § 1; 2009, No. 311, § 7.
Ark. Code Ann. § 18-48-707 — AR Code / Title 18 / Chapter 48 / Subchapter 7 / Section 18-48-707
Disposition of sale proceeds
Status: in_force

(a) Proceeds from the sale shall be paid, in order of priority: (1) To satisfy all prior liens having priority over the marina operator's lien as set forth in § 18-48-702 ; (2) To satisfy the marina operator's lien; and (3) To the occupant or other person or persons entitled thereto. (b) If a sale is held under this subchapter, the marina operator shall distribute the sale proceeds pursuant to subsection (a) of this section within ten (10) days following the sale. (c) Any funds remaining in the possession of the marina operator, after the exhaustion of reasonable efforts to locate and distribute the funds to prior lienholders, the occupant or other persons entitled thereto, shall escheat to the county. Acts 1997, No. 903, § 7; 1997, No. 1316, § 1.

(a) Proceeds from the sale shall be paid, in order of priority: (1) To satisfy all prior liens having priority over the marina operator's lien as set forth in § 18-48-702 ; (2) To satisfy the marina operator's lien; and (3) To the occupant or other person or persons entitled thereto.

(1) To satisfy all prior liens having priority over the marina operator's lien as set forth in § 18-48-702 ;

(2) To satisfy the marina operator's lien; and

(3) To the occupant or other person or persons entitled thereto.

(b) If a sale is held under this subchapter, the marina operator shall distribute the sale proceeds pursuant to subsection (a) of this section within ten (10) days following the sale.

(c) Any funds remaining in the possession of the marina operator, after the exhaustion of reasonable efforts to locate and distribute the funds to prior lienholders, the occupant or other persons entitled thereto, shall escheat to the county.

Acts 1997, No. 903, § 7; 1997, No. 1316, § 1.
Ark. Code Ann. § 18-16-303 — AR Code / Title 18 / Chapter 16 / Subchapter 3 / Section 18-16-303
Exemptions
Status: in_force

(a) This subchapter shall not apply to dwelling units owned by an individual, if the individual, his or her spouse and minor children, and any and all partnerships, corporations, or other legal entities formed for the purpose of renting dwelling units and of which they are officers, owners, or majority shareholders own, or collectively own, five (5) or fewer dwelling units. (b) This exemption does not apply to units for which management, including rent collection, is performed by third persons for a fee. Acts 1979, No. 531, § 6; A.S.A. 1947, § 50-530.

(a) This subchapter shall not apply to dwelling units owned by an individual, if the individual, his or her spouse and minor children, and any and all partnerships, corporations, or other legal entities formed for the purpose of renting dwelling units and of which they are officers, owners, or majority shareholders own, or collectively own, five (5) or fewer dwelling units.

(b) This exemption does not apply to units for which management, including rent collection, is performed by third persons for a fee.

Acts 1979, No. 531, § 6; A.S.A. 1947, § 50-530.
Ark. Code Ann. § 18-60-806 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-806
Hearing
Status: in_force

(a) At any hearing held on an application for an order of delivery, the petitioner shall be required to present prima facie evidence that the petitioner has the right of immediate possession of the property. (b) If the party against whom the order of delivery is sought should fail to appear in response to the notice, the petitioner shall be required to offer the same proof necessary to secure a default judgment. (c) If the court decides that the order of delivery should issue, an order shall be entered accordingly. Acts 1973, No. 144, § 3; A.S.A. 1947, § 34-2121.

(a) At any hearing held on an application for an order of delivery, the petitioner shall be required to present prima facie evidence that the petitioner has the right of immediate possession of the property.

(b) If the party against whom the order of delivery is sought should fail to appear in response to the notice, the petitioner shall be required to offer the same proof necessary to secure a default judgment.

(c) If the court decides that the order of delivery should issue, an order shall be entered accordingly.

Acts 1973, No. 144, § 3; A.S.A. 1947, § 34-2121.