Ark. Code Ann. § 22-7-306 — AR Code / Title 22 / Chapter 7 / Subchapter 3 / Section 22-7-306
Construction of subchapter
Status: in_force

(a) This subchapter shall not be construed or interpreted to the effect that the State of Arkansas by this subchapter proposes, purposes, or intends to alter, diminish, take, or enlarge any estate in lands, boundary between lands, interest in or title to any estate in lands which may be described in this subchapter as to any person, firm, corporation, government, political subdivision, or entity as to any interest in any estate in the lands and areas described herein, except to assert the sovereignty and jurisdiction of the State of Arkansas over said lands as it exercises over other lands generally within this state. (b) This subchapter shall not be construed or interpreted to the effect that the State of Arkansas by this subchapter proposes, purposes, or intends to determine, fix, compromise, confirm, cloud, affect, or settle any ownership, lien, boundary, claim, or interest in or title to any estate encompassed by the lands described in this subchapter as to any person, firm, corporation, government, political subdivision, or entity as to any interest in any estate in the lands and areas described herein, except to assert the sovereignty and jurisdiction of the State of Arkansas over said lands as it exercises over other lands generally within this state. (c) This subchapter shall not be construed or interpreted to the effect that the State of Arkansas by this subchapter accepts, assumes, or undertakes financial liability for the remediation of any lands or areas which may exist in violation of the environmental protection laws, rules, and regulations of the United States or of the State of Arkansas. Acts 1997, No. 1260, § 6.

(a) This subchapter shall not be construed or interpreted to the effect that the State of Arkansas by this subchapter proposes, purposes, or intends to alter, diminish, take, or enlarge any estate in lands, boundary between lands, interest in or title to any estate in lands which may be described in this subchapter as to any person, firm, corporation, government, political subdivision, or entity as to any interest in any estate in the lands and areas described herein, except to assert the sovereignty and jurisdiction of the State of Arkansas over said lands as it exercises over other lands generally within this state.

(b) This subchapter shall not be construed or interpreted to the effect that the State of Arkansas by this subchapter proposes, purposes, or intends to determine, fix, compromise, confirm, cloud, affect, or settle any ownership, lien, boundary, claim, or interest in or title to any estate encompassed by the lands described in this subchapter as to any person, firm, corporation, government, political subdivision, or entity as to any interest in any estate in the lands and areas described herein, except to assert the sovereignty and jurisdiction of the State of Arkansas over said lands as it exercises over other lands generally within this state.

(c) This subchapter shall not be construed or interpreted to the effect that the State of Arkansas by this subchapter accepts, assumes, or undertakes financial liability for the remediation of any lands or areas which may exist in violation of the environmental protection laws, rules, and regulations of the United States or of the State of Arkansas.

Acts 1997, No. 1260, § 6.
Ark. Code Ann. § 22-9-701 — AR Code / Title 22 / Chapter 9 / Subchapter 7 / Section 22-9-701
Relocation assistance and payments
Status: in_force

When any department, agency, or instrumentality of the state, or any county, municipality, or other political subdivision, or any levee, drainage, or other improvement district, or any other public entity subject to the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as it existed on January 1, 2021, undertakes any program or project wholly or partially financed with federal funds which involves the acquisition, condemnation, or demolition of real property or other action which results in any persons being displaced from their homes or businesses, the state department, agency, or instrumentality, or county, municipality, or other political subdivision, or levee, drainage, or other improvement district, or other public entity is authorized to provide relocation assistance and to make relocation payments to the displaced persons and to do such other acts and follow such procedures and practices as may be necessary to comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as it existed on January 1, 2021. Amended by Act 2021, No. 808,§ 1, eff. 7/28/2021. Acts 1973, No. 12, § 2; A.S.A. 1947, § 14-1001.

When any department, agency, or instrumentality of the state, or any county, municipality, or other political subdivision, or any levee, drainage, or other improvement district, or any other public entity subject to the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as it existed on January 1, 2021, undertakes any program or project wholly or partially financed with federal funds which involves the acquisition, condemnation, or demolition of real property or other action which results in any persons being displaced from their homes or businesses, the state department, agency, or instrumentality, or county, municipality, or other political subdivision, or levee, drainage, or other improvement district, or other public entity is authorized to provide relocation assistance and to make relocation payments to the displaced persons and to do such other acts and follow such procedures and practices as may be necessary to comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as it existed on January 1, 2021.

Amended by Act 2021, No. 808,§ 1, eff. 7/28/2021.

Acts 1973, No. 12, § 2; A.S.A. 1947, § 14-1001.
Ark. Code Ann. § 22-4-203 — AR Code / Title 22 / Chapter 4 / Subchapter 2 / Section 22-4-203
Effect of classification or reclassification
Status: in_force

(a) All state parks classified by the State Parks, Recreation, and Travel Commission under the provisions of § 22-4-201 , or reclassified under the provisions of § 22-4-202 , shall continue to be a part of the state parks system. Any reclassification shall be for the purpose of more proper classification and identification in order that the public might be better advised with respect to each facility in its selection or use thereof. (b) Nothing in this subchapter shall affect the powers of the commission to issue revenue bonds for the improvement of any facility in the state parks system, or the pledge of revenues therefrom, regardless of classification by the commission under this subchapter. Acts 1965, No. 37, § 4; A.S.A. 1947, § 9-612.

(a) All state parks classified by the State Parks, Recreation, and Travel Commission under the provisions of § 22-4-201 , or reclassified under the provisions of § 22-4-202 , shall continue to be a part of the state parks system. Any reclassification shall be for the purpose of more proper classification and identification in order that the public might be better advised with respect to each facility in its selection or use thereof.

(b) Nothing in this subchapter shall affect the powers of the commission to issue revenue bonds for the improvement of any facility in the state parks system, or the pledge of revenues therefrom, regardless of classification by the commission under this subchapter.

Acts 1965, No. 37, § 4; A.S.A. 1947, § 9-612.
Ark. Code Ann. § 22-3-1411 — AR Code / Title 22 / Chapter 3 / Subchapter 14 / Section 22-3-1411
Bonds exempt from tax
Status: in_force

Bonds issued under the provisions of this subchapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes, and the exemption shall include income, inheritance, and estate taxes. Acts 1991, No. 1173, § 9.

Bonds issued under the provisions of this subchapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes, and the exemption shall include income, inheritance, and estate taxes.

Acts 1991, No. 1173, § 9.
Ark. Code Ann. § 22-6-105 — AR Code / Title 22 / Chapter 6 / Subchapter 1 / Section 22-6-105
Execution of deed on certificate of purchase
Status: in_force

(a) The owner of any certificate of purchase for any swamp and overflowed, seminary, saline, internal improvement, real estate bank, or state bank lands, or the assignee or the party in whom the legal title to the lands exist, may present the certificates and other evidences of the legal title to the lands to the Commissioner of State Lands. If the Commissioner of State Lands finds that the sale of the lands was in conformity to law, the lands have been fully paid for, and the evidences of assignment have been made in accordance with law, he or she shall execute, under his or her hand and official seal, a deed conveying all the right, title, and interest of the state in and to the lands. (b) The deed of the state shall not be issued to any approved swamp and overflowed lands until after the issuance of the patent by the United States to the state for the lands. Acts 1885, No. 10, § 3, p. 10; C. & M. Dig., § 6591; Pope's Dig., § 8622; A.S.A. 1947, § 10-524.

(a) The owner of any certificate of purchase for any swamp and overflowed, seminary, saline, internal improvement, real estate bank, or state bank lands, or the assignee or the party in whom the legal title to the lands exist, may present the certificates and other evidences of the legal title to the lands to the Commissioner of State Lands. If the Commissioner of State Lands finds that the sale of the lands was in conformity to law, the lands have been fully paid for, and the evidences of assignment have been made in accordance with law, he or she shall execute, under his or her hand and official seal, a deed conveying all the right, title, and interest of the state in and to the lands.

(b) The deed of the state shall not be issued to any approved swamp and overflowed lands until after the issuance of the patent by the United States to the state for the lands.

Acts 1885, No. 10, § 3, p. 10; C. & M. Dig., § 6591; Pope's Dig., § 8622; A.S.A. 1947, § 10-524.
Ark. Code Ann. § 22-7-214 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-214
Hot Springs National Park - Hot Springs Mountain
Status: in_force

(a) Exclusive jurisdiction over that part of the Hot Springs National Park known and described as part of the Hot Springs Mountain, and whose limits are particularly described by the following boundary lines: Commencing at stone monument number seven (7) set upon the west line of Reserve Avenue and marking the boundary line of Hot Springs Mountain, and running thence in a northwesterly direction to a point upon the south line of Fountain Street to a stone monument numbered forty-two (42) and marking the boundary line of Hot Springs Mountain, thence along the south line of Fountain Street to its intersection with Central Avenue or to stone monument number thirty-three (33), thence south along the east line of Central Avenue to where it is intersected by Reserve Avenue at stone monument number thirty (30), thence along the north boundary line of Reserve Avenue to stone monument number seven (7), the point of commencement, all in township two (2) south, range nineteen (19) west, in the County of Garland, State of Arkansas, being a part of the permanent United States Hot Springs Reservation, is ceded to the United States to be exercised so long as it shall remain the property of the United States, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be on the reservation or premises. (b) The right to tax all structures and other property in private ownership on the Hot Springs National Park accorded the state by 26 Stat. 844, Ch. 533, § 5, is reserved to the State of Arkansas. Acts 1903, No. 30, § 1, p. 52; C. & M. Dig., § 4558; Pope's Dig., § 5638; A.S.A. 1947, § 10-1123.

(a) Exclusive jurisdiction over that part of the Hot Springs National Park known and described as part of the Hot Springs Mountain, and whose limits are particularly described by the following boundary lines: Commencing at stone monument number seven (7) set upon the west line of Reserve Avenue and marking the boundary line of Hot Springs Mountain, and running thence in a northwesterly direction to a point upon the south line of Fountain Street to a stone monument numbered forty-two (42) and marking the boundary line of Hot Springs Mountain, thence along the south line of Fountain Street to its intersection with Central Avenue or to stone monument number thirty-three (33), thence south along the east line of Central Avenue to where it is intersected by Reserve Avenue at stone monument number thirty (30), thence along the north boundary line of Reserve Avenue to stone monument number seven (7), the point of commencement, all in township two (2) south, range nineteen (19) west, in the County of Garland, State of Arkansas, being a part of the permanent United States Hot Springs Reservation, is ceded to the United States to be exercised so long as it shall remain the property of the United States, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be on the reservation or premises.

(b) The right to tax all structures and other property in private ownership on the Hot Springs National Park accorded the state by 26 Stat. 844, Ch. 533, § 5, is reserved to the State of Arkansas.

Acts 1903, No. 30, § 1, p. 52; C. & M. Dig., § 4558; Pope's Dig., § 5638; A.S.A. 1947, § 10-1123.
Ark. Code Ann. § 22-6-109 — AR Code / Title 22 / Chapter 6 / Subchapter 1 / Section 22-6-109
Cancellation of deed upon dishonor of check
Status: in_force

(a) The Commissioner of State Lands is empowered and authorized to cancel, set aside, and hold for naught any redemption or sale deed issued by him or her for any state-owned land in any instance where a personal check tendered to and accepted by him or her in payment of the redemption or purchase price thereof is not paid upon presentation to the bank upon which it is drawn. (b) Upon failure of payment, the Commissioner of State Lands may issue a cancellation deed cancelling and setting aside the redemption or sale deed and shall file the cancellation deed for record in the county in which the lands are located and pay the expense incident thereto from the maintenance fund of the office of the Commissioner of State Lands. Acts 1941, No. 35, §§ 1, 2; A.S.A. 1947, §§ 10-504, 10-505.

(a) The Commissioner of State Lands is empowered and authorized to cancel, set aside, and hold for naught any redemption or sale deed issued by him or her for any state-owned land in any instance where a personal check tendered to and accepted by him or her in payment of the redemption or purchase price thereof is not paid upon presentation to the bank upon which it is drawn.

(b) Upon failure of payment, the Commissioner of State Lands may issue a cancellation deed cancelling and setting aside the redemption or sale deed and shall file the cancellation deed for record in the county in which the lands are located and pay the expense incident thereto from the maintenance fund of the office of the Commissioner of State Lands.

Acts 1941, No. 35, §§ 1, 2; A.S.A. 1947, §§ 10-504, 10-505.
Ark. Code Ann. § 22-7-215 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-215
Hot Springs National Park - Block 82
Status: in_force

(a) Exclusive jurisdiction over that part of the Hot Springs National Park known and described as block eighty-two (82) on the official plat of the United States Hot Springs Commission is ceded to the United States to be exercised so long as it shall remain the property of the United States, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be in the park or premises. (b) The right to tax all structures and other property in private ownership on the Hot Springs National Park, accorded the state by 26 Stat. 844, Ch. 533, § 5, is reserved to the State of Arkansas as respects the tract ceded. Acts 1921, No. 56, § 1; Pope's Dig., § 5649; A.S.A. 1947, § 10-1124.

(a) Exclusive jurisdiction over that part of the Hot Springs National Park known and described as block eighty-two (82) on the official plat of the United States Hot Springs Commission is ceded to the United States to be exercised so long as it shall remain the property of the United States, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be in the park or premises.

(b) The right to tax all structures and other property in private ownership on the Hot Springs National Park, accorded the state by 26 Stat. 844, Ch. 533, § 5, is reserved to the State of Arkansas as respects the tract ceded.

Acts 1921, No. 56, § 1; Pope's Dig., § 5649; A.S.A. 1947, § 10-1124.
Ark. Code Ann. § 22-7-203 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-203
National forests - Fish and game regulations
Status: in_force

(a) The consent of the State of Arkansas is given to the making by the United States Congress, or under its authority, of all such rules and regulations as the United States Government may determine to be needful in respect to game animals and game and nongame birds and fish on, in, or over national forestlands within the State of Arkansas. (b) The rules and regulations must be approved by the Arkansas State Game and Fish Commission before they can be enforced. (c) The authority to enforce concurrent rules and regulations is extended jointly to the United States Government and to the commission. Acts 1925, No. 230, § 1; Pope's Dig., §§ 5648, 6000; Acts 1941, No. 272, § 1; A.S.A. 1947, § 10-1107.

(a) The consent of the State of Arkansas is given to the making by the United States Congress, or under its authority, of all such rules and regulations as the United States Government may determine to be needful in respect to game animals and game and nongame birds and fish on, in, or over national forestlands within the State of Arkansas.

(b) The rules and regulations must be approved by the Arkansas State Game and Fish Commission before they can be enforced.

(c) The authority to enforce concurrent rules and regulations is extended jointly to the United States Government and to the commission.

Acts 1925, No. 230, § 1; Pope's Dig., §§ 5648, 6000; Acts 1941, No. 272, § 1; A.S.A. 1947, § 10-1107.
Ark. Code Ann. § 22-7-212 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-212
Cession of jurisdiction - Certain property in Fort Smith
Status: in_force

(a) The jurisdiction of the state within and over block number five hundred fourteen (514), in the military reservation addition to the City of Fort Smith, Arkansas, as it is marked and designated by the field notes on file in the mayor's office and known as part of the abandoned military reservation at Fort Smith, donated to the city by the United States by 23 Stat. 19, Ch. 43, is ceded to the United States, so far as the limits of the block shall extend and no further. (b) The jurisdiction of the State of Arkansas is ceded to the United States over the block of ground situated between Rogers and Parker Avenues and Second and Third Streets, as it is marked and described on the map and plat of the reserve addition to the City of Fort Smith. The ground is a rectangular block three hundred feet (300') by two hundred ninety feet, two and three-quarter inches (290' 2¾"), upon which block is located the public buildings known as the United States Jail and Hospital, which block of ground and buildings situated thereon belong to the United States. (c) The jurisdiction of the State of Arkansas is ceded to the United States over the national cemetery and one hundred feet (100') around the walls of the cemetery, the cemetery being reserved as the property of the United States by 23 Stat. 19, Ch. 43, all of the land being under enclosure. Acts 1889, No. 20, § 1, p. 19; 1903, No. 114, § 1, p. 191; C. & M. Dig., §§ 4556, 4557; Pope's Dig., §§ 5636, 5637; A.S.A. 1947, §§ 10-1118, 10-1119.

(a) The jurisdiction of the state within and over block number five hundred fourteen (514), in the military reservation addition to the City of Fort Smith, Arkansas, as it is marked and designated by the field notes on file in the mayor's office and known as part of the abandoned military reservation at Fort Smith, donated to the city by the United States by 23 Stat. 19, Ch. 43, is ceded to the United States, so far as the limits of the block shall extend and no further.

(b) The jurisdiction of the State of Arkansas is ceded to the United States over the block of ground situated between Rogers and Parker Avenues and Second and Third Streets, as it is marked and described on the map and plat of the reserve addition to the City of Fort Smith. The ground is a rectangular block three hundred feet (300') by two hundred ninety feet, two and three-quarter inches (290' 2¾"), upon which block is located the public buildings known as the United States Jail and Hospital, which block of ground and buildings situated thereon belong to the United States.

(c) The jurisdiction of the State of Arkansas is ceded to the United States over the national cemetery and one hundred feet (100') around the walls of the cemetery, the cemetery being reserved as the property of the United States by 23 Stat. 19, Ch. 43, all of the land being under enclosure.

Acts 1889, No. 20, § 1, p. 19; 1903, No. 114, § 1, p. 191; C. & M. Dig., §§ 4556, 4557; Pope's Dig., §§ 5636, 5637; A.S.A. 1947, §§ 10-1118, 10-1119.
Ark. Code Ann. § 22-7-201 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-201
National cemeteries
Status: in_force

The jurisdiction of this state within and over all lands purchased by the United States on which national cemeteries may be established within the limits of this state is ceded to the United States so far as the permanent enclosures of such national cemeteries may extend and no further. Acts 1867, No. 60, § 1, p. 153; C. & M. Dig., § 4553; Pope's Dig., § 5633; A.S.A. 1947, § 10-1104.

The jurisdiction of this state within and over all lands purchased by the United States on which national cemeteries may be established within the limits of this state is ceded to the United States so far as the permanent enclosures of such national cemeteries may extend and no further.

Acts 1867, No. 60, § 1, p. 153; C. & M. Dig., § 4553; Pope's Dig., § 5633; A.S.A. 1947, § 10-1104.
Ark. Code Ann. § 22-10-103 — AR Code / Title 22 / Chapter 10 / Subchapter 1 / Section 22-10-103
Definitions
Status: in_force

As used in this chapter: (1) "Affected local jurisdiction" means: (A) A county, a city of the first class, a city of the second class, an incorporated town, or a school district in which all or a portion of a qualifying project is located; and (B) Any other local governmental entity that is directly impacted by a qualifying project, as specified in the rules promulgated under this chapter; (2) "Comprehensive agreement" means a final written agreement between a private entity and a public entity executed under § 22-10-303 by which a qualifying project shall be developed; (3) "Develop" or "development of" means to plan, design, develop, own, finance, lease, acquire, install, construct, operate, maintain, or expand a qualifying project; (4) "Interim agreement" means a preliminary written agreement between a private entity and a public entity executed under § 22-10-302 by which the development, scope, and feasibility of a qualifying project is identified; (5) "Opportunity cost" means the cost of passing up an alternative and the increase in costs as the result of delaying a decision; (6) "Private entity" means a natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, and other business entity; (7) (A) "Public entity" means an agency or instrumentality of the state, including without limitation a department, an agency, an institution of higher education, a board, or a commission. (B) "Public entity" does not include a political subdivision of the state or any other local or regional governmental entity, including without limitation a city of the first class, a city of the second class, an incorporated town, a county, a school district, an improvement district, a water authority, a public facilities board, a solid waste management district, or a water distribution district; (8) "Publish" means the publication by a public entity of a request for proposals one (1) time a week for three (3) consecutive weeks in a newspaper of statewide circulation; (9) "Qualified respondent" means the private entity selected as the most qualified respondent to undertake a qualifying project based on a request for proposals issued under this chapter; (10) "Qualifying project" means a capital development or improvement of any nature that: (A) Serves a public purpose, including without limitation a ferry, mass transit facility, vehicle parking facility, port facility, power generation facility, fuel supply facility, combined heating and power facility, central utility plant facility, distributed generation facility, oil or gas pipeline, water supply facility, water treatment intake and distribution facility, waste water treatment and collection facility, waste treatment facility, hospital, library, school, educational facility, medical or nursing care facility, recreational facility, administrative facility, law enforcement facility, fire department facility, public administrative office, toll road, correctional facility, technology infrastructure facility, public building, transportation system as defined in § 27-76-103 , or other similar facility currently available or to be made available to a public entity for public use, including without limitation a structure, parking area, appurtenance, and other related or unrelated infrastructure that might otherwise be described in a comprehensive agreement; and (B) Has one (1) or more of the following characteristics: (i) It is developed using a long-term operations and maintenance agreement, management agreement, or services agreement entered into with a private entity; (ii) It is designed and built, in whole or in part, by a private entity; (iii) It is a capital development or improvement in which a private entity: (a) Invests its own capital or third-party capital arranged by the private entity; (b) Sources or uses indebtedness, available funds, revenues, or financial or tax incentives to fund the capital development or improvement; or (c) Provides other consideration in the form of goods or services to the public entity to fund the project; (iv) It is owned, in whole or in part, by a private entity for the benefit of a public entity; (v) It involves real or personal property owned by a public entity that is sold to, leased to, or exchanged with a private entity for leaseback or for use by the public entity; or (vi) It is a qualifying project as defined in the rules promulgated under this chapter; (11) "Request for proposals" means a notice that is issued by a public entity announcing the public entity's interest in developing a qualifying project and seeking proposals from private entities to develop the qualifying project that identifies without limitation: (A) The anticipated scope and purpose of the qualifying project; (B) The financial and nonfinancial benefits related to the qualifying project; (C) Any anticipated revenues that might be realized as a result of the operation of the qualifying project; (D) The proposed timeline under which the qualifying project is to be completed; and (E) Any other issues required by the rules promulgated under this chapter; (12) "Responsible public entity" means a public entity that has the statutory or constitutional authority to develop and operate the applicable qualifying project; (13) "Revenues" means the rates, revenues, income, earnings, user fees, lease payments, service payments, other available funds, and other revenue and cash flow of any nature arising out of or in connection with the development of a qualifying project, including without limitation the funds derived from the operation of a qualifying project or otherwise provided by the parties as stated in the comprehensive agreement, and excluding any revenues that are prohibited by law; (14) "User fees" means the rates, fees, or other charges imposed by a private entity for use of all or a portion of a qualifying project pursuant to a comprehensive agreement; and (15) "Value-for-money analysis" means the value calculated, in percentage terms, when comparing the costs to develop a qualifying project outside of this chapter to the costs to develop the qualifying project under this chapter to determine which procurement approach produces the best value to the public over a long-term period. Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.

As used in this chapter:

(1) "Affected local jurisdiction" means: (A) A county, a city of the first class, a city of the second class, an incorporated town, or a school district in which all or a portion of a qualifying project is located; and (B) Any other local governmental entity that is directly impacted by a qualifying project, as specified in the rules promulgated under this chapter;

(A) A county, a city of the first class, a city of the second class, an incorporated town, or a school district in which all or a portion of a qualifying project is located; and

(B) Any other local governmental entity that is directly impacted by a qualifying project, as specified in the rules promulgated under this chapter;

(2) "Comprehensive agreement" means a final written agreement between a private entity and a public entity executed under § 22-10-303 by which a qualifying project shall be developed;

(3) "Develop" or "development of" means to plan, design, develop, own, finance, lease, acquire, install, construct, operate, maintain, or expand a qualifying project;

(4) "Interim agreement" means a preliminary written agreement between a private entity and a public entity executed under § 22-10-302 by which the development, scope, and feasibility of a qualifying project is identified;

(5) "Opportunity cost" means the cost of passing up an alternative and the increase in costs as the result of delaying a decision;

(6) "Private entity" means a natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, and other business entity;

(7) (A) "Public entity" means an agency or instrumentality of the state, including without limitation a department, an agency, an institution of higher education, a board, or a commission. (B) "Public entity" does not include a political subdivision of the state or any other local or regional governmental entity, including without limitation a city of the first class, a city of the second class, an incorporated town, a county, a school district, an improvement district, a water authority, a public facilities board, a solid waste management district, or a water distribution district;

(A) "Public entity" means an agency or instrumentality of the state, including without limitation a department, an agency, an institution of higher education, a board, or a commission.

(B) "Public entity" does not include a political subdivision of the state or any other local or regional governmental entity, including without limitation a city of the first class, a city of the second class, an incorporated town, a county, a school district, an improvement district, a water authority, a public facilities board, a solid waste management district, or a water distribution district;

(8) "Publish" means the publication by a public entity of a request for proposals one (1) time a week for three (3) consecutive weeks in a newspaper of statewide circulation;

(9) "Qualified respondent" means the private entity selected as the most qualified respondent to undertake a qualifying project based on a request for proposals issued under this chapter;

(10) "Qualifying project" means a capital development or improvement of any nature that: (A) Serves a public purpose, including without limitation a ferry, mass transit facility, vehicle parking facility, port facility, power generation facility, fuel supply facility, combined heating and power facility, central utility plant facility, distributed generation facility, oil or gas pipeline, water supply facility, water treatment intake and distribution facility, waste water treatment and collection facility, waste treatment facility, hospital, library, school, educational facility, medical or nursing care facility, recreational facility, administrative facility, law enforcement facility, fire department facility, public administrative office, toll road, correctional facility, technology infrastructure facility, public building, transportation system as defined in § 27-76-103 , or other similar facility currently available or to be made available to a public entity for public use, including without limitation a structure, parking area, appurtenance, and other related or unrelated infrastructure that might otherwise be described in a comprehensive agreement; and (B) Has one (1) or more of the following characteristics: (i) It is developed using a long-term operations and maintenance agreement, management agreement, or services agreement entered into with a private entity; (ii) It is designed and built, in whole or in part, by a private entity; (iii) It is a capital development or improvement in which a private entity: (a) Invests its own capital or third-party capital arranged by the private entity; (b) Sources or uses indebtedness, available funds, revenues, or financial or tax incentives to fund the capital development or improvement; or (c) Provides other consideration in the form of goods or services to the public entity to fund the project; (iv) It is owned, in whole or in part, by a private entity for the benefit of a public entity; (v) It involves real or personal property owned by a public entity that is sold to, leased to, or exchanged with a private entity for leaseback or for use by the public entity; or (vi) It is a qualifying project as defined in the rules promulgated under this chapter;

(A) Serves a public purpose, including without limitation a ferry, mass transit facility, vehicle parking facility, port facility, power generation facility, fuel supply facility, combined heating and power facility, central utility plant facility, distributed generation facility, oil or gas pipeline, water supply facility, water treatment intake and distribution facility, waste water treatment and collection facility, waste treatment facility, hospital, library, school, educational facility, medical or nursing care facility, recreational facility, administrative facility, law enforcement facility, fire department facility, public administrative office, toll road, correctional facility, technology infrastructure facility, public building, transportation system as defined in § 27-76-103 , or other similar facility currently available or to be made available to a public entity for public use, including without limitation a structure, parking area, appurtenance, and other related or unrelated infrastructure that might otherwise be described in a comprehensive agreement; and

(B) Has one (1) or more of the following characteristics: (i) It is developed using a long-term operations and maintenance agreement, management agreement, or services agreement entered into with a private entity; (ii) It is designed and built, in whole or in part, by a private entity; (iii) It is a capital development or improvement in which a private entity: (a) Invests its own capital or third-party capital arranged by the private entity; (b) Sources or uses indebtedness, available funds, revenues, or financial or tax incentives to fund the capital development or improvement; or (c) Provides other consideration in the form of goods or services to the public entity to fund the project; (iv) It is owned, in whole or in part, by a private entity for the benefit of a public entity; (v) It involves real or personal property owned by a public entity that is sold to, leased to, or exchanged with a private entity for leaseback or for use by the public entity; or (vi) It is a qualifying project as defined in the rules promulgated under this chapter;

(i) It is developed using a long-term operations and maintenance agreement, management agreement, or services agreement entered into with a private entity;

(ii) It is designed and built, in whole or in part, by a private entity;

(iii) It is a capital development or improvement in which a private entity: (a) Invests its own capital or third-party capital arranged by the private entity; (b) Sources or uses indebtedness, available funds, revenues, or financial or tax incentives to fund the capital development or improvement; or (c) Provides other consideration in the form of goods or services to the public entity to fund the project;

(a) Invests its own capital or third-party capital arranged by the private entity;

(b) Sources or uses indebtedness, available funds, revenues, or financial or tax incentives to fund the capital development or improvement; or

(c) Provides other consideration in the form of goods or services to the public entity to fund the project;

(iv) It is owned, in whole or in part, by a private entity for the benefit of a public entity;

(v) It involves real or personal property owned by a public entity that is sold to, leased to, or exchanged with a private entity for leaseback or for use by the public entity; or

(vi) It is a qualifying project as defined in the rules promulgated under this chapter;

(11) "Request for proposals" means a notice that is issued by a public entity announcing the public entity's interest in developing a qualifying project and seeking proposals from private entities to develop the qualifying project that identifies without limitation: (A) The anticipated scope and purpose of the qualifying project; (B) The financial and nonfinancial benefits related to the qualifying project; (C) Any anticipated revenues that might be realized as a result of the operation of the qualifying project; (D) The proposed timeline under which the qualifying project is to be completed; and (E) Any other issues required by the rules promulgated under this chapter;

(A) The anticipated scope and purpose of the qualifying project;

(B) The financial and nonfinancial benefits related to the qualifying project;

(C) Any anticipated revenues that might be realized as a result of the operation of the qualifying project;

(D) The proposed timeline under which the qualifying project is to be completed; and

(E) Any other issues required by the rules promulgated under this chapter;

(12) "Responsible public entity" means a public entity that has the statutory or constitutional authority to develop and operate the applicable qualifying project;

(13) "Revenues" means the rates, revenues, income, earnings, user fees, lease payments, service payments, other available funds, and other revenue and cash flow of any nature arising out of or in connection with the development of a qualifying project, including without limitation the funds derived from the operation of a qualifying project or otherwise provided by the parties as stated in the comprehensive agreement, and excluding any revenues that are prohibited by law;

(14) "User fees" means the rates, fees, or other charges imposed by a private entity for use of all or a portion of a qualifying project pursuant to a comprehensive agreement; and

(15) "Value-for-money analysis" means the value calculated, in percentage terms, when comparing the costs to develop a qualifying project outside of this chapter to the costs to develop the qualifying project under this chapter to determine which procurement approach produces the best value to the public over a long-term period.

Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 22-5-503 — AR Code / Title 22 / Chapter 5 / Subchapter 5 / Section 22-5-503
Exchange of lands
Status: in_force

The Arkansas Forestry Commission may exchange tracts of land acquired under the provisions of this subchapter for suitable land of equal value in furtherance of the administration and consolidation of these holdings and may sell and convey, upon terms requiring proper conservation practices, parts of tracts acquired under this subchapter suitable for cultivation. Acts 1947, No. 409, § 3; A.S.A. 1947, § 9-723.

The Arkansas Forestry Commission may exchange tracts of land acquired under the provisions of this subchapter for suitable land of equal value in furtherance of the administration and consolidation of these holdings and may sell and convey, upon terms requiring proper conservation practices, parts of tracts acquired under this subchapter suitable for cultivation.

Acts 1947, No. 409, § 3; A.S.A. 1947, § 9-723.
Ark. Code Ann. § 22-3-2009 — AR Code / Title 22 / Chapter 3 / Subchapter 20 / Section 22-3-2009
Rules and administration
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission shall promulgate rules for the implementation of operation and maintenance energy conservation measures in public buildings. (b) The Arkansas Energy Office of the Division of Environmental Quality shall: (1) Develop or revise the architectural and engineering standards, to the extent funds are available and appropriated, to provide assistance in determining: (A) The energy conservation measures that are best suited to the unique characteristics of each building; and (B) The specifications for the energy conservation measures under this subchapter; and (2) Develop and adopt guidelines for the development of education and training requirements for the various personnel that may be involved in a major facility or a major renovation under this subchapter. (c) The commission may promulgate rules to implement this subchapter. Amended by Act 2019, No. 315,§ 2364, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2363, eff. 7/24/2019. Amended by Act 2019, No. 674,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3234, eff. 7/1/2019. Amended by Act 2017, No. 271,§ 22, eff. 8/1/2017. Acts 2009, No. 1494, § 1.

(a) The Arkansas Pollution Control and Ecology Commission shall promulgate rules for the implementation of operation and maintenance energy conservation measures in public buildings.

(b) The Arkansas Energy Office of the Division of Environmental Quality shall: (1) Develop or revise the architectural and engineering standards, to the extent funds are available and appropriated, to provide assistance in determining: (A) The energy conservation measures that are best suited to the unique characteristics of each building; and (B) The specifications for the energy conservation measures under this subchapter; and (2) Develop and adopt guidelines for the development of education and training requirements for the various personnel that may be involved in a major facility or a major renovation under this subchapter.

(1) Develop or revise the architectural and engineering standards, to the extent funds are available and appropriated, to provide assistance in determining: (A) The energy conservation measures that are best suited to the unique characteristics of each building; and (B) The specifications for the energy conservation measures under this subchapter; and

(A) The energy conservation measures that are best suited to the unique characteristics of each building; and

(B) The specifications for the energy conservation measures under this subchapter; and

(2) Develop and adopt guidelines for the development of education and training requirements for the various personnel that may be involved in a major facility or a major renovation under this subchapter.

(c) The commission may promulgate rules to implement this subchapter.

Amended by Act 2019, No. 315,§ 2364, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2363, eff. 7/24/2019.

Amended by Act 2019, No. 674,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3234, eff. 7/1/2019.

Amended by Act 2017, No. 271,§ 22, eff. 8/1/2017.

Acts 2009, No. 1494, § 1.
Ark. Code Ann. § 22-3-221 — AR Code / Title 22 / Chapter 3 / Subchapter 2 / Section 22-3-221
Ten Commandments Monument Display Act
Status: in_force

(a) This section shall be known and may be cited as the "Ten Commandments Monument Display Act". (b) (1) The Secretary of State shall permit and arrange for the placement on the State Capitol grounds of a suitable monument commemorating the Ten Commandments and containing the following text, which was displayed on the monument declared constitutional in Van Orden v. Perry, 545 U.S. 677 (2005): "The Ten Commandments I AM the LORD thy God. Thou shalt have no other gods before me. Thou shalt not make to thyself any graven images. Thou shalt not take the Name of the Lord thy God in vain. Remember the Sabbath day, to keep it holy. Honor thy father and thy mother, that thy days may be long upon the land which the Lord thy God giveth thee. Thou shalt not kill. Thou shalt not commit adultery. Thou shalt not steal. Thou shalt not bear false witness against thy neighbor. Thou shalt not covet thy neighbor's house. Thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his cattle, nor anything that is thy neighbor's.". (2) (A) The Secretary of State shall arrange for the monument to be designed, constructed, and placed on the State Capitol grounds by private entities at no expense to the State of Arkansas. (B) The monument shall be placed on the State Capitol grounds where there are other monuments. (3) The Secretary of State shall: (A) Approve the design and site selection for the monument under this subsection; and (B) Arrange a suitable time for its placement. (4) (A) Before approving the design and site selection for the monument under this subsection, the Secretary of State shall consult the Capitol Arts and Grounds Commission and obtain the commission's views on design and site selection. (B) The monument under this subsection shall be exempt from § 22-3-301 et seq. and § 22-3-501 et seq. (c) In the event that the legality or constitutionality of the monument under subsection (b) of this section is challenged in a court of law, the Attorney General may: (1) Prepare and present a legal defense of the monument; or (2) (A) Request that First Liberty Institute prepare and present a legal defense of the monument. (B) A request that First Liberty Institute prepare and present a legal defense of the monument shall not be subject to § 25-16-702 . (d) The placement of the monument under this section shall not be construed to mean that the State of Arkansas favors any particular religion or denomination over others. Added by Act 2015, No. 1231,§ 2, eff. 7/22/2015.

(a) This section shall be known and may be cited as the "Ten Commandments Monument Display Act".

(b) (1) The Secretary of State shall permit and arrange for the placement on the State Capitol grounds of a suitable monument commemorating the Ten Commandments and containing the following text, which was displayed on the monument declared constitutional in Van Orden v. Perry, 545 U.S. 677 (2005): "The Ten Commandments I AM the LORD thy God. Thou shalt have no other gods before me. Thou shalt not make to thyself any graven images. Thou shalt not take the Name of the Lord thy God in vain. Remember the Sabbath day, to keep it holy. Honor thy father and thy mother, that thy days may be long upon the land which the Lord thy God giveth thee. Thou shalt not kill. Thou shalt not commit adultery. Thou shalt not steal. Thou shalt not bear false witness against thy neighbor. Thou shalt not covet thy neighbor's house. Thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his cattle, nor anything that is thy neighbor's.". (2) (A) The Secretary of State shall arrange for the monument to be designed, constructed, and placed on the State Capitol grounds by private entities at no expense to the State of Arkansas. (B) The monument shall be placed on the State Capitol grounds where there are other monuments. (3) The Secretary of State shall: (A) Approve the design and site selection for the monument under this subsection; and (B) Arrange a suitable time for its placement. (4) (A) Before approving the design and site selection for the monument under this subsection, the Secretary of State shall consult the Capitol Arts and Grounds Commission and obtain the commission's views on design and site selection. (B) The monument under this subsection shall be exempt from § 22-3-301 et seq. and § 22-3-501 et seq.

(1) The Secretary of State shall permit and arrange for the placement on the State Capitol grounds of a suitable monument commemorating the Ten Commandments and containing the following text, which was displayed on the monument declared constitutional in Van Orden v. Perry, 545 U.S. 677 (2005): "The Ten Commandments I AM the LORD thy God. Thou shalt have no other gods before me. Thou shalt not make to thyself any graven images. Thou shalt not take the Name of the Lord thy God in vain. Remember the Sabbath day, to keep it holy. Honor thy father and thy mother, that thy days may be long upon the land which the Lord thy God giveth thee. Thou shalt not kill. Thou shalt not commit adultery. Thou shalt not steal. Thou shalt not bear false witness against thy neighbor. Thou shalt not covet thy neighbor's house. Thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his cattle, nor anything that is thy neighbor's.".

"The Ten Commandments

I AM the LORD thy God.

Thou shalt have no other gods before me.

Thou shalt not make to thyself any graven images.

Thou shalt not take the Name of the Lord thy God in vain.

Remember the Sabbath day, to keep it holy.

Honor thy father and thy mother, that thy days may be long upon the land which the Lord thy God giveth thee.

Thou shalt not kill.

Thou shalt not commit adultery.

Thou shalt not steal.

Thou shalt not bear false witness against thy neighbor.

Thou shalt not covet thy neighbor's house.

Thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his cattle, nor anything that is thy neighbor's.".

(2) (A) The Secretary of State shall arrange for the monument to be designed, constructed, and placed on the State Capitol grounds by private entities at no expense to the State of Arkansas. (B) The monument shall be placed on the State Capitol grounds where there are other monuments.

(A) The Secretary of State shall arrange for the monument to be designed, constructed, and placed on the State Capitol grounds by private entities at no expense to the State of Arkansas.

(B) The monument shall be placed on the State Capitol grounds where there are other monuments.

(3) The Secretary of State shall: (A) Approve the design and site selection for the monument under this subsection; and (B) Arrange a suitable time for its placement.

(A) Approve the design and site selection for the monument under this subsection; and

(B) Arrange a suitable time for its placement.

(4) (A) Before approving the design and site selection for the monument under this subsection, the Secretary of State shall consult the Capitol Arts and Grounds Commission and obtain the commission's views on design and site selection. (B) The monument under this subsection shall be exempt from § 22-3-301 et seq. and § 22-3-501 et seq.

(A) Before approving the design and site selection for the monument under this subsection, the Secretary of State shall consult the Capitol Arts and Grounds Commission and obtain the commission's views on design and site selection.

(B) The monument under this subsection shall be exempt from § 22-3-301 et seq. and § 22-3-501 et seq.

(c) In the event that the legality or constitutionality of the monument under subsection (b) of this section is challenged in a court of law, the Attorney General may: (1) Prepare and present a legal defense of the monument; or (2) (A) Request that First Liberty Institute prepare and present a legal defense of the monument. (B) A request that First Liberty Institute prepare and present a legal defense of the monument shall not be subject to § 25-16-702 .

(1) Prepare and present a legal defense of the monument; or

(2) (A) Request that First Liberty Institute prepare and present a legal defense of the monument. (B) A request that First Liberty Institute prepare and present a legal defense of the monument shall not be subject to § 25-16-702 .

(A) Request that First Liberty Institute prepare and present a legal defense of the monument.

(B) A request that First Liberty Institute prepare and present a legal defense of the monument shall not be subject to § 25-16-702 .

(d) The placement of the monument under this section shall not be construed to mean that the State of Arkansas favors any particular religion or denomination over others.

Added by Act 2015, No. 1231,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 22-3-310 — AR Code / Title 22 / Chapter 3 / Subchapter 3 / Section 22-3-310
Appeal of Capitol Zoning District Commission action
Status: in_force

(a) A person aggrieved by a rule, decision, or order of the Capitol Zoning District Commission may appeal the action to the Pulaski County Circuit Court under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) The filing of an appeal shall in no respect suspend the operation of any rule, decision, or order, nor shall the Secretary of the Department of Parks, Heritage, and Tourism or the Pulaski County Circuit Court order any suspension without a full hearing. (c) This section does not preclude enforcement of the commission's rules by the City of Little Rock in Little Rock District Court under an agreement with the commission under § 22-3-308 . Amended by Act 2021, No. 534,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2353, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2352, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5681, eff. 7/1/2019. Amended by Act 2016F, No. 228,§ 4, eff. 7/1/2016. Amended by Act 2013, No. 1338,§ 2, eff. 8/16/2013. Acts 1975, No. 267, § 7; A.S.A. 1947, § 5-241.

(a) A person aggrieved by a rule, decision, or order of the Capitol Zoning District Commission may appeal the action to the Pulaski County Circuit Court under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) The filing of an appeal shall in no respect suspend the operation of any rule, decision, or order, nor shall the Secretary of the Department of Parks, Heritage, and Tourism or the Pulaski County Circuit Court order any suspension without a full hearing.

(c) This section does not preclude enforcement of the commission's rules by the City of Little Rock in Little Rock District Court under an agreement with the commission under § 22-3-308 .

Amended by Act 2021, No. 534,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 2353, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2352, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5681, eff. 7/1/2019.

Amended by Act 2016F, No. 228,§ 4, eff. 7/1/2016.

Amended by Act 2013, No. 1338,§ 2, eff. 8/16/2013.

Acts 1975, No. 267, § 7; A.S.A. 1947, § 5-241.
Ark. Code Ann. § 22-10-401 — AR Code / Title 22 / Chapter 10 / Subchapter 4 / Section 22-10-401
Eminent domain - Dedication
Status: in_force

(a) (1) A public entity may exercise its right of eminent domain under applicable law in connection with the development of a qualifying project. (2) The power of eminent domain shall not be delegated to a private entity with respect to a qualifying project commenced or proposed under this chapter. (3) Damages awarded to a third party in an eminent domain action may be included in the development budget for the qualifying project. (b) (1) A responsible public entity may dedicate any real or personal property interest, including land, improvements, and tangible personal property, through lease, sale, or otherwise, to the qualified respondent to facilitate a qualifying project if so doing will serve the public purpose of this chapter. (2) The consideration for the dedication, lease, sale, or exchange of any real or personal property interest under subdivision (b)(1) of this section may include an agreement by the qualified respondent to operate or develop the qualifying project or provide other services to the public entity. (3) The property interests that a responsible public entity may convey to the qualified respondent in connection with a dedication under this section may include licenses, franchises, easements, or other rights or interests that the public entity deems appropriate. Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.

(a) (1) A public entity may exercise its right of eminent domain under applicable law in connection with the development of a qualifying project. (2) The power of eminent domain shall not be delegated to a private entity with respect to a qualifying project commenced or proposed under this chapter. (3) Damages awarded to a third party in an eminent domain action may be included in the development budget for the qualifying project.

(1) A public entity may exercise its right of eminent domain under applicable law in connection with the development of a qualifying project.

(2) The power of eminent domain shall not be delegated to a private entity with respect to a qualifying project commenced or proposed under this chapter.

(3) Damages awarded to a third party in an eminent domain action may be included in the development budget for the qualifying project.

(b) (1) A responsible public entity may dedicate any real or personal property interest, including land, improvements, and tangible personal property, through lease, sale, or otherwise, to the qualified respondent to facilitate a qualifying project if so doing will serve the public purpose of this chapter. (2) The consideration for the dedication, lease, sale, or exchange of any real or personal property interest under subdivision (b)(1) of this section may include an agreement by the qualified respondent to operate or develop the qualifying project or provide other services to the public entity. (3) The property interests that a responsible public entity may convey to the qualified respondent in connection with a dedication under this section may include licenses, franchises, easements, or other rights or interests that the public entity deems appropriate.

(1) A responsible public entity may dedicate any real or personal property interest, including land, improvements, and tangible personal property, through lease, sale, or otherwise, to the qualified respondent to facilitate a qualifying project if so doing will serve the public purpose of this chapter.

(2) The consideration for the dedication, lease, sale, or exchange of any real or personal property interest under subdivision (b)(1) of this section may include an agreement by the qualified respondent to operate or develop the qualifying project or provide other services to the public entity.

(3) The property interests that a responsible public entity may convey to the qualified respondent in connection with a dedication under this section may include licenses, franchises, easements, or other rights or interests that the public entity deems appropriate.

Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 22-5-803 — AR Code / Title 22 / Chapter 5 / Subchapter 8 / Section 22-5-803
Leases and permits - Penalties
Status: in_force

(a) (1) Upon conviction, a person, firm, company, corporation, or association is guilty of a Class D felony if the person, firm, company, corporation, or association without first obtaining a lease or permit to do so from the Commissioner of State Lands knowingly removes any sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or any timber or logs from: (A) The beds or bars of navigable rivers and lakes in this state; or (B) Any other lands or interest in lands held in the name of the state. (2) Each day of unauthorized taking shall constitute a separate offense. (b) In addition to the fine mentioned in subsection (a) of this section, the State of Arkansas may bring suit in the name of the state to recover the value of the sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or timber or logs which have been illegally removed, as well as all severance taxes and royalties due as a result of the removal. Amended by Act 2015, No. 1132,§ 1, eff. 7/22/2015. Acts 1975, No. 524, § 9; A.S.A. 1947, § 10-1022; Acts 1993, No. 509, § 1; 2005, No. 786, § 3.

(a) (1) Upon conviction, a person, firm, company, corporation, or association is guilty of a Class D felony if the person, firm, company, corporation, or association without first obtaining a lease or permit to do so from the Commissioner of State Lands knowingly removes any sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or any timber or logs from: (A) The beds or bars of navigable rivers and lakes in this state; or (B) Any other lands or interest in lands held in the name of the state. (2) Each day of unauthorized taking shall constitute a separate offense.

(1) Upon conviction, a person, firm, company, corporation, or association is guilty of a Class D felony if the person, firm, company, corporation, or association without first obtaining a lease or permit to do so from the Commissioner of State Lands knowingly removes any sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or any timber or logs from: (A) The beds or bars of navigable rivers and lakes in this state; or (B) Any other lands or interest in lands held in the name of the state.

(A) The beds or bars of navigable rivers and lakes in this state; or

(B) Any other lands or interest in lands held in the name of the state.

(2) Each day of unauthorized taking shall constitute a separate offense.

(b) In addition to the fine mentioned in subsection (a) of this section, the State of Arkansas may bring suit in the name of the state to recover the value of the sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or timber or logs which have been illegally removed, as well as all severance taxes and royalties due as a result of the removal.

Amended by Act 2015, No. 1132,§ 1, eff. 7/22/2015.

Acts 1975, No. 524, § 9; A.S.A. 1947, § 10-1022; Acts 1993, No. 509, § 1; 2005, No. 786, § 3.
Ark. Code Ann. § 22-3-1211 — AR Code / Title 22 / Chapter 3 / Subchapter 12 / Section 22-3-1211
Certificates of indebtedness - Tax exemption
Status: in_force

Certificates of indebtedness issued under the provisions of this subchapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes. This exemption shall include income, property, inheritance, and estate taxes. Acts 1983, No. 458, § 15; A.S.A. 1947, § 13-2615.

Certificates of indebtedness issued under the provisions of this subchapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes. This exemption shall include income, property, inheritance, and estate taxes.

Acts 1983, No. 458, § 15; A.S.A. 1947, § 13-2615.
Ark. Code Ann. § 22-3-1006 — AR Code / Title 22 / Chapter 3 / Subchapter 10 / Section 22-3-1006
[Repealed]
Status: repealed

Repealed by Act 2017, No. 269,§ 8, eff. 2/22/2017. Acts 1947, No. 249, § 4; A.S.A. 1947, § 80-3404; Acts 1995, No. 819, § 1.

Repealed by Act 2017, No. 269,§ 8, eff. 2/22/2017.

Acts 1947, No. 249, § 4; A.S.A. 1947, § 80-3404; Acts 1995, No. 819, § 1.
Ark. Code Ann. § 22-3-801 — AR Code / Title 22 / Chapter 3 / Subchapter 8 / Section 22-3-801
State to provide mansion
Status: in_force

(a) The State of Arkansas shall furnish to its governors a mansion in which to reside during their respective terms of office. (b) With the approval of the Governor, a former Governor may reside in the mansion for a period not exceeding forty-five (45) days after the date on which he or she ceases to be Governor. (c) With the approval of the Governor, a Governor-elect may reside in the mansion for a period not exceeding forty-five (45) days before the date on which he or she becomes Governor. Acts 1883, No. 128, § 1, p. 310; C. & M. Dig., § 4388; Pope's Dig., § 5403; A.S.A. 1947, § 12-303; Acts 1992 (2nd Ex. Sess.), No. 1, § 1.

(a) The State of Arkansas shall furnish to its governors a mansion in which to reside during their respective terms of office.

(b) With the approval of the Governor, a former Governor may reside in the mansion for a period not exceeding forty-five (45) days after the date on which he or she ceases to be Governor.

(c) With the approval of the Governor, a Governor-elect may reside in the mansion for a period not exceeding forty-five (45) days before the date on which he or she becomes Governor.

Acts 1883, No. 128, § 1, p. 310; C. & M. Dig., § 4388; Pope's Dig., § 5403; A.S.A. 1947, § 12-303; Acts 1992 (2nd Ex. Sess.), No. 1, § 1.
Ark. Code Ann. § 22-9-803 — AR Code / Title 22 / Chapter 9 / Subchapter 8 / Section 22-9-803
Definitions
Status: in_force

As used in this subchapter: (1) "Public agency" means: (A) An agency of the State of Arkansas; (B) An agency of a county, city, town, school district, or other political subdivision of the state; (C) A public trust; (D) A public entity specifically created by a statute of this state; and (E) A department, agency, board, bureau, commission, committee, or authority of a public entity listed in subdivisions (1)(A)-(D) of this section; and (2) (A) "Public improvement" means a beneficial or valuable change or addition, betterment, enhancement, or amelioration of or upon real property or upon an interest in real property belonging to a public agency intended to enhance its value, beauty, or utility or to adapt it to new or further purposes. (B) "Public improvement" does not include the direct purchase of materials, equipment, or supplies or personal property by a public agency. Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.

As used in this subchapter:

(1) "Public agency" means: (A) An agency of the State of Arkansas; (B) An agency of a county, city, town, school district, or other political subdivision of the state; (C) A public trust; (D) A public entity specifically created by a statute of this state; and (E) A department, agency, board, bureau, commission, committee, or authority of a public entity listed in subdivisions (1)(A)-(D) of this section; and

(A) An agency of the State of Arkansas;

(B) An agency of a county, city, town, school district, or other political subdivision of the state;

(C) A public trust;

(D) A public entity specifically created by a statute of this state; and

(E) A department, agency, board, bureau, commission, committee, or authority of a public entity listed in subdivisions (1)(A)-(D) of this section; and

(2) (A) "Public improvement" means a beneficial or valuable change or addition, betterment, enhancement, or amelioration of or upon real property or upon an interest in real property belonging to a public agency intended to enhance its value, beauty, or utility or to adapt it to new or further purposes. (B) "Public improvement" does not include the direct purchase of materials, equipment, or supplies or personal property by a public agency.

(A) "Public improvement" means a beneficial or valuable change or addition, betterment, enhancement, or amelioration of or upon real property or upon an interest in real property belonging to a public agency intended to enhance its value, beauty, or utility or to adapt it to new or further purposes.

(B) "Public improvement" does not include the direct purchase of materials, equipment, or supplies or personal property by a public agency.

Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 22-9-306 — AR Code / Title 22 / Chapter 9 / Subchapter 3 / Section 22-9-306
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017. Acts 1969, No. 74, § 10; A.S.A. 1947, § 14-639; Acts 1995, No. 548, § 4; 1997, No. 221, § 2.

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.

Acts 1969, No. 74, § 10; A.S.A. 1947, § 14-639; Acts 1995, No. 548, § 4; 1997, No. 221, § 2.
Ark. Code Ann. § 22-4-402 — AR Code / Title 22 / Chapter 4 / Subchapter 4 / Section 22-4-402
Definitions
Status: in_force

As used in this subchapter: (1) "Right-of-way" means the strip of land over which a trail is constructed whether acquired by easement or fee simple title; and (2) "Trail" means any road, pathway, route, or other identifiable linear facility designated, constructed, and maintained to provide specific recreational experiences to the public. Trails may be established for hiking, biking, boating, canoeing, motorcycling, horse riding, use by individuals with disabilities, and other trail-oriented uses. Acts 1979, No. 132, § 2; A.S.A. 1947, § 9-603.2; Acts 1997, No. 208, § 24.

As used in this subchapter:

(1) "Right-of-way" means the strip of land over which a trail is constructed whether acquired by easement or fee simple title; and

(2) "Trail" means any road, pathway, route, or other identifiable linear facility designated, constructed, and maintained to provide specific recreational experiences to the public. Trails may be established for hiking, biking, boating, canoeing, motorcycling, horse riding, use by individuals with disabilities, and other trail-oriented uses.

Acts 1979, No. 132, § 2; A.S.A. 1947, § 9-603.2; Acts 1997, No. 208, § 24.
Ark. Code Ann. § 22-2-102 — AR Code / Title 22 / Chapter 2 / Section 22-2-102
Definitions
Status: in_force

As used in this chapter: (1) (A) "Capital improvement" means all lands, buildings, structures, utilities, on-site and off-site improvements, other appertaining improvements, existing or future, and all construction, repairs, alterations, demolitions, and renovations thereof which are undertaken, owned, operated, or otherwise managed by a state agency. (B) Except that "capital improvement" shall not include: (i) Construction and reconstruction of roads and bridges in the state highway system by the State Highway Commission; (ii) A building, facility, plant, structure, or other improvement constructed by or on behalf of the Arkansas Department of Transportation or the State Highway Commission; (iii) Lands, buildings, or other structures or facilities now owned or hereafter acquired by an Arkansas state retirement system as an investment or as a result of the investment of assets of the system; or (iv) Repair, alteration, and maintenance projects that do not exceed one hundred fifty thousand dollars ($150,000) and are undertaken, owned, operated, or otherwise managed by the Department of Parks, Heritage, and Tourism from the tax revenues received under Arkansas Constitution, Amendment 75, § 2, and appropriated for special maintenance to the State Parks Division; (2) "Minimum standards and criteria" and other like phrases mean those standards and criteria relating to construction, design, maintenance, and leasing of state agencies' capital improvements as adopted by the Building Authority Division after appropriate public hearings and notice to the public and interested persons and organizations; (3) "State agency" means any board or commission, agency, department, institution of higher education, including colleges, universities, and vocational-technical schools, or other state institutions. However, "state agency" shall not include any county, municipality, school district, subdivision, or unit thereof of the State of Arkansas, nor shall the term "state agency" mean or include the Arkansas Department of Transportation or the State Highway Commission; and (4) "Unpaved trail project" means a project to create or maintain a trail: (A) That is on property under the immediate control and management of the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism; and (B) That is either: (i) To be used solely for recreational purposes; or (ii) Otherwise necessary to carry out the mission of the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism. Amended by Act 2023, No. 666,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 661,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 6154, eff. 7/1/2019. Amended by Act 2018EX2, No. 12,§ 1, eff. 3/19/2018. Amended by Act 2018EX2, No. 5,§ 1, eff. 3/19/2018. Amended by Act 2017, No. 707,§ 77, eff. 8/1/2017. Amended by Act 2017, No. 707,§ 76, eff. 8/1/2017. Amended by Act 2016EX3, No. 3,§ 51, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 51, eff. 5/23/2016. Amended by Act 2015EX1, No. 8,§ 21, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 21, eff. 7/1/2015. Acts 1975, No. 716, § 2; A.S.A. 1947, § 5-1019; Acts 1991, No. 12, § 1; 2003, No. 364, § 8.

As used in this chapter:

(1) (A) "Capital improvement" means all lands, buildings, structures, utilities, on-site and off-site improvements, other appertaining improvements, existing or future, and all construction, repairs, alterations, demolitions, and renovations thereof which are undertaken, owned, operated, or otherwise managed by a state agency. (B) Except that "capital improvement" shall not include: (i) Construction and reconstruction of roads and bridges in the state highway system by the State Highway Commission; (ii) A building, facility, plant, structure, or other improvement constructed by or on behalf of the Arkansas Department of Transportation or the State Highway Commission; (iii) Lands, buildings, or other structures or facilities now owned or hereafter acquired by an Arkansas state retirement system as an investment or as a result of the investment of assets of the system; or (iv) Repair, alteration, and maintenance projects that do not exceed one hundred fifty thousand dollars ($150,000) and are undertaken, owned, operated, or otherwise managed by the Department of Parks, Heritage, and Tourism from the tax revenues received under Arkansas Constitution, Amendment 75, § 2, and appropriated for special maintenance to the State Parks Division;

(A) "Capital improvement" means all lands, buildings, structures, utilities, on-site and off-site improvements, other appertaining improvements, existing or future, and all construction, repairs, alterations, demolitions, and renovations thereof which are undertaken, owned, operated, or otherwise managed by a state agency.

(B) Except that "capital improvement" shall not include: (i) Construction and reconstruction of roads and bridges in the state highway system by the State Highway Commission; (ii) A building, facility, plant, structure, or other improvement constructed by or on behalf of the Arkansas Department of Transportation or the State Highway Commission; (iii) Lands, buildings, or other structures or facilities now owned or hereafter acquired by an Arkansas state retirement system as an investment or as a result of the investment of assets of the system; or (iv) Repair, alteration, and maintenance projects that do not exceed one hundred fifty thousand dollars ($150,000) and are undertaken, owned, operated, or otherwise managed by the Department of Parks, Heritage, and Tourism from the tax revenues received under Arkansas Constitution, Amendment 75, § 2, and appropriated for special maintenance to the State Parks Division;

(i) Construction and reconstruction of roads and bridges in the state highway system by the State Highway Commission;

(ii) A building, facility, plant, structure, or other improvement constructed by or on behalf of the Arkansas Department of Transportation or the State Highway Commission;

(iii) Lands, buildings, or other structures or facilities now owned or hereafter acquired by an Arkansas state retirement system as an investment or as a result of the investment of assets of the system; or

(iv) Repair, alteration, and maintenance projects that do not exceed one hundred fifty thousand dollars ($150,000) and are undertaken, owned, operated, or otherwise managed by the Department of Parks, Heritage, and Tourism from the tax revenues received under Arkansas Constitution, Amendment 75, § 2, and appropriated for special maintenance to the State Parks Division;

(2) "Minimum standards and criteria" and other like phrases mean those standards and criteria relating to construction, design, maintenance, and leasing of state agencies' capital improvements as adopted by the Building Authority Division after appropriate public hearings and notice to the public and interested persons and organizations;

(3) "State agency" means any board or commission, agency, department, institution of higher education, including colleges, universities, and vocational-technical schools, or other state institutions. However, "state agency" shall not include any county, municipality, school district, subdivision, or unit thereof of the State of Arkansas, nor shall the term "state agency" mean or include the Arkansas Department of Transportation or the State Highway Commission; and

(4) "Unpaved trail project" means a project to create or maintain a trail: (A) That is on property under the immediate control and management of the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism; and (B) That is either: (i) To be used solely for recreational purposes; or (ii) Otherwise necessary to carry out the mission of the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism.

(A) That is on property under the immediate control and management of the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism; and

(B) That is either: (i) To be used solely for recreational purposes; or (ii) Otherwise necessary to carry out the mission of the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism.

(i) To be used solely for recreational purposes; or

(ii) Otherwise necessary to carry out the mission of the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism.

Amended by Act 2023, No. 666,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 661,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 6154, eff. 7/1/2019.

Amended by Act 2018EX2, No. 12,§ 1, eff. 3/19/2018.

Amended by Act 2018EX2, No. 5,§ 1, eff. 3/19/2018.

Amended by Act 2017, No. 707,§ 77, eff. 8/1/2017.

Amended by Act 2017, No. 707,§ 76, eff. 8/1/2017.

Amended by Act 2016EX3, No. 3,§ 51, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 51, eff. 5/23/2016.

Amended by Act 2015EX1, No. 8,§ 21, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 21, eff. 7/1/2015.

Acts 1975, No. 716, § 2; A.S.A. 1947, § 5-1019; Acts 1991, No. 12, § 1; 2003, No. 364, § 8.
Ark. Code Ann. § 22-5-702 — AR Code / Title 22 / Chapter 5 / Subchapter 7 / Section 22-5-702
Copies, extracts, etc. - Recording - Admissibility as evidence
Status: in_force

(a) All certified transcripts and copies of any of the public records in the office of the Commissioner of State Lands, properly certified by the Commissioner of State Lands, shall be entitled to be recorded in all deed records and shall be received in evidence in all courts of this state in the same manner and with like effect as the originals. (b) Any certified extract, entry of field notes, maps, records, or other papers, properly certified by the Commissioner of State Lands, shall be received in evidence in all courts of this state in the same manner as if the copy of the entire field notes, maps, records, or other papers had been produced. Acts 1881, No. 12, §§ 3, 4, p. 18; C. & M. Dig., §§ 4746, 4747; Pope's Dig., §§ 5825, 5826; Acts 1939, No. 121, § 3; A.S.A. 1947, §§ 10-1203, 10-1204, 10-1208.

(a) All certified transcripts and copies of any of the public records in the office of the Commissioner of State Lands, properly certified by the Commissioner of State Lands, shall be entitled to be recorded in all deed records and shall be received in evidence in all courts of this state in the same manner and with like effect as the originals.

(b) Any certified extract, entry of field notes, maps, records, or other papers, properly certified by the Commissioner of State Lands, shall be received in evidence in all courts of this state in the same manner as if the copy of the entire field notes, maps, records, or other papers had been produced.

Acts 1881, No. 12, §§ 3, 4, p. 18; C. & M. Dig., §§ 4746, 4747; Pope's Dig., §§ 5825, 5826; Acts 1939, No. 121, § 3; A.S.A. 1947, §§ 10-1203, 10-1204, 10-1208.
Ark. Code Ann. § 22-8-203 — AR Code / Title 22 / Chapter 8 / Subchapter 2 / Section 22-8-203
Definitions
Status: in_force

As used in this subchapter: (1) "Automobile" means a motorized vehicle equipped with pneumatic tires used for the transportation of persons, as commonly known and recognized by the Revenue Division of the Department of Finance and Administration, as a pleasure vehicle for licensing purposes as established by § 27-14-601(a)(1) ; (2) "Emergency vehicle" means an automobile or pickup truck used in law enforcement or for protection of the public peace and health of the citizens of Arkansas; (3) (A) "Law enforcement agency" means a police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal, traffic, or highway laws of this state. (B) "Law enforcement agency" does not include the Arkansas Highway Police Division of the Arkansas Department of Transportation; (4) "Pickup truck" means a motorized vehicle equipped with pneumatic tires which are regularly and commonly rated as having a load capacity not exceeding three-fourths (¾) ton, as recognized by the Revenue Division, for licensing purposes for trucks and trailers as established in § 27-14-601(a)(3)(A) ; (5) "State agency" means a state agency, board, commission, department, or institution of higher education which derives any financial support from the fund accounts enumerated in §§ 19-5-302 - 19-5-304 , 19-5-306 , 19-5-307 , 19-5-1011 , 19-6-404 , 19-6-411 , and 25-4-117 ; (6) "State Vehicle Inventory and Control System" means an automated system maintained by the Department of Finance and Administration to record and control the size and composition of the state's vehicle fleet and to accumulate historical data on the costs associated with the vehicle fleet; and (7) "Vehicle" or "motor vehicle" means an automobile or pickup truck as defined in this section, unless used out of context in implementing the purposes and intent of this subchapter. Amended by Act 2017, No. 707,§ 85, eff. 8/1/2017. Amended by Act 2013, No. 311,§ 1, eff. 8/16/2013. Acts 1983, No. 493, § 3; A.S.A. 1947, § 14-530.

As used in this subchapter:

(1) "Automobile" means a motorized vehicle equipped with pneumatic tires used for the transportation of persons, as commonly known and recognized by the Revenue Division of the Department of Finance and Administration, as a pleasure vehicle for licensing purposes as established by § 27-14-601(a)(1) ;

(2) "Emergency vehicle" means an automobile or pickup truck used in law enforcement or for protection of the public peace and health of the citizens of Arkansas;

(3) (A) "Law enforcement agency" means a police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal, traffic, or highway laws of this state. (B) "Law enforcement agency" does not include the Arkansas Highway Police Division of the Arkansas Department of Transportation;

(A) "Law enforcement agency" means a police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal, traffic, or highway laws of this state.

(B) "Law enforcement agency" does not include the Arkansas Highway Police Division of the Arkansas Department of Transportation;

(4) "Pickup truck" means a motorized vehicle equipped with pneumatic tires which are regularly and commonly rated as having a load capacity not exceeding three-fourths (¾) ton, as recognized by the Revenue Division, for licensing purposes for trucks and trailers as established in § 27-14-601(a)(3)(A) ;

(5) "State agency" means a state agency, board, commission, department, or institution of higher education which derives any financial support from the fund accounts enumerated in §§ 19-5-302 - 19-5-304 , 19-5-306 , 19-5-307 , 19-5-1011 , 19-6-404 , 19-6-411 , and 25-4-117 ;

(6) "State Vehicle Inventory and Control System" means an automated system maintained by the Department of Finance and Administration to record and control the size and composition of the state's vehicle fleet and to accumulate historical data on the costs associated with the vehicle fleet; and

(7) "Vehicle" or "motor vehicle" means an automobile or pickup truck as defined in this section, unless used out of context in implementing the purposes and intent of this subchapter.

Amended by Act 2017, No. 707,§ 85, eff. 8/1/2017.

Amended by Act 2013, No. 311,§ 1, eff. 8/16/2013.

Acts 1983, No. 493, § 3; A.S.A. 1947, § 14-530.
Ark. Code Ann. § 22-9-303 — AR Code / Title 22 / Chapter 9 / Subchapter 3 / Section 22-9-303
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017, without reference to amendment by Act 2017, No. 707. Amended by Act 2017, No. 707,§ 87, eff. 8/1/2017. Acts 1969, No. 74, §§ 3, 13; 1969, No. 275, § 2; A.S.A. 1947, §§ 14-632, 14-642.

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017, without reference to amendment by Act 2017, No. 707.

Amended by Act 2017, No. 707,§ 87, eff. 8/1/2017.

Acts 1969, No. 74, §§ 3, 13; 1969, No. 275, § 2; A.S.A. 1947, §§ 14-632, 14-642.
Ark. Code Ann. § 22-7-206 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-206
Waterfowl and wildlife refuges
Status: in_force

(a) For the purpose of more effectively cooperating with the United States in the acquisition, development, and maintenance of refuges for migratory waterfowl and other wildlife, consent is granted to the United States to acquire, by purchase, condemnation, gift, lease, or exchange, lands and waters within the State of Arkansas which the United States Secretary of Agriculture may deem necessary and suitable in furtherance of the Migratory Bird Treaty, the Migratory Bird Treaty Act, and the Migratory Bird Conservation Act. (b) The jurisdiction of the State of Arkansas, both civil and criminal, over persons in the areas acquired and on privately owned property thereon shall not be affected or changed by reason of their acquisition and administration by the United States as migratory waterfowl and other wildlife reservations, except insofar as the punishment of offenses against the United States is concerned. (c) Nothing in this section is intended to interfere with the operation of the game laws of the State of Arkansas applying to migratory game birds, insofar as they do not permit what is forbidden by federal law. Acts 1937, No. 114, § 1; Pope's Dig., § 5999; A.S.A. 1947, § 10-1111.

(a) For the purpose of more effectively cooperating with the United States in the acquisition, development, and maintenance of refuges for migratory waterfowl and other wildlife, consent is granted to the United States to acquire, by purchase, condemnation, gift, lease, or exchange, lands and waters within the State of Arkansas which the United States Secretary of Agriculture may deem necessary and suitable in furtherance of the Migratory Bird Treaty, the Migratory Bird Treaty Act, and the Migratory Bird Conservation Act.

(b) The jurisdiction of the State of Arkansas, both civil and criminal, over persons in the areas acquired and on privately owned property thereon shall not be affected or changed by reason of their acquisition and administration by the United States as migratory waterfowl and other wildlife reservations, except insofar as the punishment of offenses against the United States is concerned.

(c) Nothing in this section is intended to interfere with the operation of the game laws of the State of Arkansas applying to migratory game birds, insofar as they do not permit what is forbidden by federal law.

Acts 1937, No. 114, § 1; Pope's Dig., § 5999; A.S.A. 1947, § 10-1111.
Ark. Code Ann. § 22-3-1216 — AR Code / Title 22 / Chapter 3 / Subchapter 12 / Section 22-3-1216
Authorizing resolution as enforceable contract - Covenants
Status: in_force

Any authorizing resolution shall, together with this subchapter, constitute a contract between the Building Authority Division, and the State Board of Finance, and the Treasurer of State, which contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with its terms and provisions, and the covenants, agreements, and obligations of the division may be enforced by mandamus or other appropriate proceeding at law or in equity. In this regard, the division is expressly authorized to include in any authorizing resolution all or part of the following covenants: (1) That, to the fullest extent possible, the division will continuously operate any and all facilities constructed pursuant to the authority of this subchapter as revenue-producing undertakings, including the maintenance, occupancy, and use of facilities and space so as to avoid any impairment of the security for the certificates of indebtedness; and (2) That, to the fullest extent possible, the division will always charge, impose, and collect sufficient revenues, including, without limitation, rentals to meet as due all debt service requirements, and otherwise comply with any provisions of authorizing resolutions concerning revenues and funds. Amended by Act 2019, No. 910,§ 6205, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 71, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 71, eff. 5/23/2016. Acts 1983, No. 458, § 13; A.S.A. 1947, § 13-2613.

Any authorizing resolution shall, together with this subchapter, constitute a contract between the Building Authority Division, and the State Board of Finance, and the Treasurer of State, which contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with its terms and provisions, and the covenants, agreements, and obligations of the division may be enforced by mandamus or other appropriate proceeding at law or in equity. In this regard, the division is expressly authorized to include in any authorizing resolution all or part of the following covenants:

(1) That, to the fullest extent possible, the division will continuously operate any and all facilities constructed pursuant to the authority of this subchapter as revenue-producing undertakings, including the maintenance, occupancy, and use of facilities and space so as to avoid any impairment of the security for the certificates of indebtedness; and

(2) That, to the fullest extent possible, the division will always charge, impose, and collect sufficient revenues, including, without limitation, rentals to meet as due all debt service requirements, and otherwise comply with any provisions of authorizing resolutions concerning revenues and funds.

Amended by Act 2019, No. 910,§ 6205, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 71, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 71, eff. 5/23/2016.

Acts 1983, No. 458, § 13; A.S.A. 1947, § 13-2613.
Ark. Code Ann. § 22-3-2104 — AR Code / Title 22 / Chapter 3 / Subchapter 21 / Section 22-3-2104
Preservation of historical monuments
Status: in_force

(a) (1) A historical monument shall not be relocated, vandalized, damaged, destroyed, removed, altered, renamed, rededicated, or otherwise disturbed. (2) Subdivision (a)(1) of this section does not prohibit a governmental entity having responsibility for maintaining a historical monument from: (A) Taking proper and appropriate measures, and exercising proper and appropriate means, for the protection, preservation, care, repair, or restoration of the historical monument; and (B) Temporarily removing or relocating the historical monument to repair public property or any public infrastructure surrounding the historical monument if the governmental entity: (i) Removes or relocates the historical monument for less than sixty (60) days; and (ii) Ensures the protection of the historical monument while the historical monument is removed or relocated. (3) Subdivision (a)(1) of this section does not prohibit a local government entity from removing, storing, stabilizing, altering, or otherwise displacing a historical monument to install, relocate, repair, or alter public infrastructure if: (A) The local government entity exercises proper and appropriate means for the protection, preservation, care, repair, or restoration of the historical monument; (B) The historical monument is removed or relocated for less than sixty (60) days; (C) A waiver is obtained from the Arkansas History Commission to remove or relocate the historical monument for a period of time greater than sixty (60) days; and (D) The public utility ensures the protection of the historical monument while the historical monument is removed or relocated. (4) A person shall not install, erect, name, or dedicate a new historical monument that impedes the use of a public right-of-way or utility easement. (5) Subdivision (a)(1) of this section does not apply to the replacement or repair of a frayed, soiled, or damaged flag that is part of a historic flag display if the frayed, soiled, or damaged flag is replaced with a similar flag. (b) (1) An entity exercising control of public property that is itself a historical monument or on which a historical monument is situated may petition the Arkansas History Commission for a waiver from the requirements of subdivision (a)(1) of this section. (2) A petition for a waiver authorized by subdivision (b)(1) of this section shall: (A) Be in writing; and (B) State the reason the waiver is necessary. (3) The Arkansas History Commission may: (A) Grant a petition for a waiver by a majority vote of those present and voting at a regularly scheduled Arkansas History Commission meeting; and (B) Include reasonable conditions and instructions to ensure that the historical monument is preserved to the greatest extent possible. (c) Subsection (b) of this section does not apply to the Capitol Arts and Grounds Commission or the office of the Secretary of State. (d) A governmental entity may request an advisory opinion from the Arkansas History Commission of whether a statue, memorial, gravestone plate, plaque, or historic flag display qualifies as a historical monument under this subchapter. (e) A governmental entity shall request a waiver from the Arkansas History Commission for a historical monument that previously has been removed but is still in the possession of a governmental entity to determine the disposition of the historical monument under subdivision (f)(1) of this section. (f) (1) If a waiver is granted by the Arkansas History Commission for the removal of a historical monument, the waiver shall include directions for the disposition of the historical monument and may include without limitation the: (A) Return of the historical monument to the donor of the historical monument or the donor's heirs or assigns; (B) Return of the historical monument to an organization that donated the historical monument or the organization's successor or assigns; (C) Donation of the historical monument to a public entity; or (D) Donation or public sale of the historical monument to a private entity. (2) If a waiver is granted to remove a historical monument or a waiver is granted to allow the disposition of a historical monument that has been removed, title to the removed historical monument shall be transferred to the entity receiving the historical monument under subdivision (f)(1) of this section. Added by Act 2021, No. 1003,§ 1, eff. 4/28/2021.

(a) (1) A historical monument shall not be relocated, vandalized, damaged, destroyed, removed, altered, renamed, rededicated, or otherwise disturbed. (2) Subdivision (a)(1) of this section does not prohibit a governmental entity having responsibility for maintaining a historical monument from: (A) Taking proper and appropriate measures, and exercising proper and appropriate means, for the protection, preservation, care, repair, or restoration of the historical monument; and (B) Temporarily removing or relocating the historical monument to repair public property or any public infrastructure surrounding the historical monument if the governmental entity: (i) Removes or relocates the historical monument for less than sixty (60) days; and (ii) Ensures the protection of the historical monument while the historical monument is removed or relocated. (3) Subdivision (a)(1) of this section does not prohibit a local government entity from removing, storing, stabilizing, altering, or otherwise displacing a historical monument to install, relocate, repair, or alter public infrastructure if: (A) The local government entity exercises proper and appropriate means for the protection, preservation, care, repair, or restoration of the historical monument; (B) The historical monument is removed or relocated for less than sixty (60) days; (C) A waiver is obtained from the Arkansas History Commission to remove or relocate the historical monument for a period of time greater than sixty (60) days; and (D) The public utility ensures the protection of the historical monument while the historical monument is removed or relocated. (4) A person shall not install, erect, name, or dedicate a new historical monument that impedes the use of a public right-of-way or utility easement. (5) Subdivision (a)(1) of this section does not apply to the replacement or repair of a frayed, soiled, or damaged flag that is part of a historic flag display if the frayed, soiled, or damaged flag is replaced with a similar flag.

(1) A historical monument shall not be relocated, vandalized, damaged, destroyed, removed, altered, renamed, rededicated, or otherwise disturbed.

(2) Subdivision (a)(1) of this section does not prohibit a governmental entity having responsibility for maintaining a historical monument from: (A) Taking proper and appropriate measures, and exercising proper and appropriate means, for the protection, preservation, care, repair, or restoration of the historical monument; and (B) Temporarily removing or relocating the historical monument to repair public property or any public infrastructure surrounding the historical monument if the governmental entity: (i) Removes or relocates the historical monument for less than sixty (60) days; and (ii) Ensures the protection of the historical monument while the historical monument is removed or relocated.

(A) Taking proper and appropriate measures, and exercising proper and appropriate means, for the protection, preservation, care, repair, or restoration of the historical monument; and

(B) Temporarily removing or relocating the historical monument to repair public property or any public infrastructure surrounding the historical monument if the governmental entity: (i) Removes or relocates the historical monument for less than sixty (60) days; and (ii) Ensures the protection of the historical monument while the historical monument is removed or relocated.

(i) Removes or relocates the historical monument for less than sixty (60) days; and

(ii) Ensures the protection of the historical monument while the historical monument is removed or relocated.

(3) Subdivision (a)(1) of this section does not prohibit a local government entity from removing, storing, stabilizing, altering, or otherwise displacing a historical monument to install, relocate, repair, or alter public infrastructure if: (A) The local government entity exercises proper and appropriate means for the protection, preservation, care, repair, or restoration of the historical monument; (B) The historical monument is removed or relocated for less than sixty (60) days; (C) A waiver is obtained from the Arkansas History Commission to remove or relocate the historical monument for a period of time greater than sixty (60) days; and (D) The public utility ensures the protection of the historical monument while the historical monument is removed or relocated.

(A) The local government entity exercises proper and appropriate means for the protection, preservation, care, repair, or restoration of the historical monument;

(B) The historical monument is removed or relocated for less than sixty (60) days;

(C) A waiver is obtained from the Arkansas History Commission to remove or relocate the historical monument for a period of time greater than sixty (60) days; and

(D) The public utility ensures the protection of the historical monument while the historical monument is removed or relocated.

(4) A person shall not install, erect, name, or dedicate a new historical monument that impedes the use of a public right-of-way or utility easement.

(5) Subdivision (a)(1) of this section does not apply to the replacement or repair of a frayed, soiled, or damaged flag that is part of a historic flag display if the frayed, soiled, or damaged flag is replaced with a similar flag.

(b) (1) An entity exercising control of public property that is itself a historical monument or on which a historical monument is situated may petition the Arkansas History Commission for a waiver from the requirements of subdivision (a)(1) of this section. (2) A petition for a waiver authorized by subdivision (b)(1) of this section shall: (A) Be in writing; and (B) State the reason the waiver is necessary. (3) The Arkansas History Commission may: (A) Grant a petition for a waiver by a majority vote of those present and voting at a regularly scheduled Arkansas History Commission meeting; and (B) Include reasonable conditions and instructions to ensure that the historical monument is preserved to the greatest extent possible.

(1) An entity exercising control of public property that is itself a historical monument or on which a historical monument is situated may petition the Arkansas History Commission for a waiver from the requirements of subdivision (a)(1) of this section.

(2) A petition for a waiver authorized by subdivision (b)(1) of this section shall: (A) Be in writing; and (B) State the reason the waiver is necessary.

(A) Be in writing; and

(B) State the reason the waiver is necessary.

(3) The Arkansas History Commission may: (A) Grant a petition for a waiver by a majority vote of those present and voting at a regularly scheduled Arkansas History Commission meeting; and (B) Include reasonable conditions and instructions to ensure that the historical monument is preserved to the greatest extent possible.

(A) Grant a petition for a waiver by a majority vote of those present and voting at a regularly scheduled Arkansas History Commission meeting; and

(B) Include reasonable conditions and instructions to ensure that the historical monument is preserved to the greatest extent possible.

(c) Subsection (b) of this section does not apply to the Capitol Arts and Grounds Commission or the office of the Secretary of State.

(d) A governmental entity may request an advisory opinion from the Arkansas History Commission of whether a statue, memorial, gravestone plate, plaque, or historic flag display qualifies as a historical monument under this subchapter.

(e) A governmental entity shall request a waiver from the Arkansas History Commission for a historical monument that previously has been removed but is still in the possession of a governmental entity to determine the disposition of the historical monument under subdivision (f)(1) of this section.

(f) (1) If a waiver is granted by the Arkansas History Commission for the removal of a historical monument, the waiver shall include directions for the disposition of the historical monument and may include without limitation the: (A) Return of the historical monument to the donor of the historical monument or the donor's heirs or assigns; (B) Return of the historical monument to an organization that donated the historical monument or the organization's successor or assigns; (C) Donation of the historical monument to a public entity; or (D) Donation or public sale of the historical monument to a private entity. (2) If a waiver is granted to remove a historical monument or a waiver is granted to allow the disposition of a historical monument that has been removed, title to the removed historical monument shall be transferred to the entity receiving the historical monument under subdivision (f)(1) of this section.

(1) If a waiver is granted by the Arkansas History Commission for the removal of a historical monument, the waiver shall include directions for the disposition of the historical monument and may include without limitation the: (A) Return of the historical monument to the donor of the historical monument or the donor's heirs or assigns; (B) Return of the historical monument to an organization that donated the historical monument or the organization's successor or assigns; (C) Donation of the historical monument to a public entity; or (D) Donation or public sale of the historical monument to a private entity.

(A) Return of the historical monument to the donor of the historical monument or the donor's heirs or assigns;

(B) Return of the historical monument to an organization that donated the historical monument or the organization's successor or assigns;

(C) Donation of the historical monument to a public entity; or

(D) Donation or public sale of the historical monument to a private entity.

(2) If a waiver is granted to remove a historical monument or a waiver is granted to allow the disposition of a historical monument that has been removed, title to the removed historical monument shall be transferred to the entity receiving the historical monument under subdivision (f)(1) of this section.

Added by Act 2021, No. 1003,§ 1, eff. 4/28/2021.
Ark. Code Ann. § 22-8-209 — AR Code / Title 22 / Chapter 8 / Subchapter 2 / Section 22-8-209
Rules
Status: in_force

The Secretary of the Department of Finance and Administration, through his or her disbursing officer, is authorized to promulgate such rules as deemed necessary to implement the provisions and intent of this subchapter. Amended by Act 2019, No. 315,§ 2370, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3506, eff. 7/1/2019. Acts 1983, No. 493, § 13; A.S.A 1947, § 14-540.

The Secretary of the Department of Finance and Administration, through his or her disbursing officer, is authorized to promulgate such rules as deemed necessary to implement the provisions and intent of this subchapter.

Amended by Act 2019, No. 315,§ 2370, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3506, eff. 7/1/2019.

Acts 1983, No. 493, § 13; A.S.A 1947, § 14-540.
Ark. Code Ann. § 22-4-504 — AR Code / Title 22 / Chapter 4 / Subchapter 5 / Section 22-4-504
Obligation of contract provision or indebtedness not impaired
Status: in_force

Nothing in this subchapter shall be construed as impairing the obligation of any contract provision, bond issue, or other indebtedness thereon, whether by way of reversionary clause or otherwise. Acts 1959, No. 224, § 4; A.S.A. 1947, § 14-704.

Nothing in this subchapter shall be construed as impairing the obligation of any contract provision, bond issue, or other indebtedness thereon, whether by way of reversionary clause or otherwise.

Acts 1959, No. 224, § 4; A.S.A. 1947, § 14-704.
Ark. Code Ann. § 22-5-311 — AR Code / Title 22 / Chapter 5 / Subchapter 3 / Section 22-5-311
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1463,§ 3, eff. 8/16/2013. Acts 1939, No. 331, § 9; A.S.A. 1947, § 10-416.

Repealed by Act 2013, No. 1463,§ 3, eff. 8/16/2013.

Acts 1939, No. 331, § 9; A.S.A. 1947, § 10-416.
Ark. Code Ann. § 22-4-408 — AR Code / Title 22 / Chapter 4 / Subchapter 4 / Section 22-4-408
[Repealed]
Status: repealed

Repealed by Act 2017, No. 255,§ 1, eff. 8/1/2017. Acts 1997, No. 208, § 1.

Repealed by Act 2017, No. 255,§ 1, eff. 8/1/2017.

Acts 1997, No. 208, § 1.
Ark. Code Ann. § 22-3-1502 — AR Code / Title 22 / Chapter 3 / Subchapter 15 / Section 22-3-1502
Building Authority Division to build and maintain parking facilities
Status: in_force

(a) (1) Any other provision of law to the contrary notwithstanding, the Building Authority Division is hereby authorized to construct, manage, and maintain parking deck facilities, surface parking, and street improvements, called in this subchapter the "parking facilities", in the area described in § 22-3-302(a) . (2) (A) The division shall not be responsible for maintaining or assigning parking spaces designated for use by constitutional officers or the General Assembly. (B) Provided, however, that if parking spaces in the parking facilities described in this subchapter are to be used by constitutional officers or the General Assembly, the charges for the parking spaces shall be on the same terms accorded to other state agencies, employees, and the public. (b) In connection with management of parking facilities, the division may contract with private persons for management services in the manner and for periods of time as the division shall determine to be necessary for the satisfactory operation thereof. Amended by Act 2019, No. 910,§ 6218, eff. 7/1/2019. Acts 1999, No. 1339, § 2; 2001, No. 736, § 1.

(a) (1) Any other provision of law to the contrary notwithstanding, the Building Authority Division is hereby authorized to construct, manage, and maintain parking deck facilities, surface parking, and street improvements, called in this subchapter the "parking facilities", in the area described in § 22-3-302(a) . (2) (A) The division shall not be responsible for maintaining or assigning parking spaces designated for use by constitutional officers or the General Assembly. (B) Provided, however, that if parking spaces in the parking facilities described in this subchapter are to be used by constitutional officers or the General Assembly, the charges for the parking spaces shall be on the same terms accorded to other state agencies, employees, and the public.

(1) Any other provision of law to the contrary notwithstanding, the Building Authority Division is hereby authorized to construct, manage, and maintain parking deck facilities, surface parking, and street improvements, called in this subchapter the "parking facilities", in the area described in § 22-3-302(a) .

(2) (A) The division shall not be responsible for maintaining or assigning parking spaces designated for use by constitutional officers or the General Assembly. (B) Provided, however, that if parking spaces in the parking facilities described in this subchapter are to be used by constitutional officers or the General Assembly, the charges for the parking spaces shall be on the same terms accorded to other state agencies, employees, and the public.

(A) The division shall not be responsible for maintaining or assigning parking spaces designated for use by constitutional officers or the General Assembly.

(B) Provided, however, that if parking spaces in the parking facilities described in this subchapter are to be used by constitutional officers or the General Assembly, the charges for the parking spaces shall be on the same terms accorded to other state agencies, employees, and the public.

(b) In connection with management of parking facilities, the division may contract with private persons for management services in the manner and for periods of time as the division shall determine to be necessary for the satisfactory operation thereof.

Amended by Act 2019, No. 910,§ 6218, eff. 7/1/2019.

Acts 1999, No. 1339, § 2; 2001, No. 736, § 1.
Ark. Code Ann. § 22-9-908 — AR Code / Title 22 / Chapter 9 / Subchapter 9 / Section 22-9-908
Replacement of vendor
Status: in_force

(a) A vendor shall be replaced as soon as practicable using the procedure established under § 22-9-906 if the vendor: (1) Is unable to perform the services required under this subchapter; (2) Has its authority to perform the services provided for under this subchapter removed under § 22-9-907 ; or (3) Is otherwise no longer performing the services required under this subchapter. (b) If only one (1) vendor remains as a selected vendor under this subchapter as the result of action taken under § 22-9-907 , the Public Works Committee shall meet and select at least one (1) additional vendor within ninety (90) days. (c) An online posting to advertise the notice of an intention to receive bids by a public agency on a vendor's website at the time of a vendor's removal under § 22-9-907 shall be reposted on the website of another vendor selected under this subchapter under the same terms as the original online advertisement for notice of an intention to receive bids. Added by Act 2019, No. 1075,§ 2, eff. 7/24/2019.

(a) A vendor shall be replaced as soon as practicable using the procedure established under § 22-9-906 if the vendor: (1) Is unable to perform the services required under this subchapter; (2) Has its authority to perform the services provided for under this subchapter removed under § 22-9-907 ; or (3) Is otherwise no longer performing the services required under this subchapter.

(1) Is unable to perform the services required under this subchapter;

(2) Has its authority to perform the services provided for under this subchapter removed under § 22-9-907 ; or

(3) Is otherwise no longer performing the services required under this subchapter.

(b) If only one (1) vendor remains as a selected vendor under this subchapter as the result of action taken under § 22-9-907 , the Public Works Committee shall meet and select at least one (1) additional vendor within ninety (90) days.

(c) An online posting to advertise the notice of an intention to receive bids by a public agency on a vendor's website at the time of a vendor's removal under § 22-9-907 shall be reposted on the website of another vendor selected under this subchapter under the same terms as the original online advertisement for notice of an intention to receive bids.

Added by Act 2019, No. 1075,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 22-10-203 — AR Code / Title 22 / Chapter 10 / Subchapter 2 / Section 22-10-203
Requirements for proposals
Status: in_force

(a) A qualifying project shall be developed only after the responsible public entity has issued a request for proposals or invitation for bids under § 22-10-202(a) . (b) (1) A private entity that intends to be considered for a qualifying project under subsection (a) of this section shall submit a proposal or bid to the responsible public entity. (2) A proposal by a private entity under subdivision (b)(1) of this section shall be accompanied by the materials and information required by the rules promulgated under this chapter. (c) A qualifying project shall: (1) Be located on real property owned or leased by a public entity; and (2) Include any improvements necessary or desirable to unimproved real property owned by a public entity. Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.

(a) A qualifying project shall be developed only after the responsible public entity has issued a request for proposals or invitation for bids under § 22-10-202(a) .

(b) (1) A private entity that intends to be considered for a qualifying project under subsection (a) of this section shall submit a proposal or bid to the responsible public entity. (2) A proposal by a private entity under subdivision (b)(1) of this section shall be accompanied by the materials and information required by the rules promulgated under this chapter.

(1) A private entity that intends to be considered for a qualifying project under subsection (a) of this section shall submit a proposal or bid to the responsible public entity.

(2) A proposal by a private entity under subdivision (b)(1) of this section shall be accompanied by the materials and information required by the rules promulgated under this chapter.

(c) A qualifying project shall: (1) Be located on real property owned or leased by a public entity; and (2) Include any improvements necessary or desirable to unimproved real property owned by a public entity.

(1) Be located on real property owned or leased by a public entity; and

(2) Include any improvements necessary or desirable to unimproved real property owned by a public entity.

Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 22-4-401 — AR Code / Title 22 / Chapter 4 / Subchapter 4 / Section 22-4-401
Title
Status: in_force

This subchapter may be cited as the "Arkansas Trails System Act". Acts 1979, No. 132, § 1; A.S.A. 1947, § 9-603.1.

This subchapter may be cited as the "Arkansas Trails System Act".

Acts 1979, No. 132, § 1; A.S.A. 1947, § 9-603.1.
Ark. Code Ann. § 22-1-203 — AR Code / Title 22 / Chapter 1 / Subchapter 2 / Section 22-1-203
Public school system property - Definition
Status: in_force

(a) As used in this section, "public school system" means any school system, district, college, or university in the State of Arkansas which is supported wholly or in part by tax dollars, whether federal, state, or local. (b) No title or right of possession to any public school system property, or any portion thereof, shall or can be acquired by adverse possession or adverse occupancy thereof. The right of the public school system or of the proper school authorities of any public school system shall not be defeated in any action or proceeding by reason of adverse possession or adverse occupancy of any public school system property, or any portion thereof, where the parties claiming such adverse possession commence legal action after January 1, 1983. This section is to serve as legal notice to such parties that claims to adverse possession of public school properties commenced after January 1, 1983, shall be unwarranted and ineffective, and those claims shall be dismissed by the appropriate court. Acts 1981, No. 209, §§ 1, 2; A.S.A. 1947, §§ 37-112, 37-113.

(a) As used in this section, "public school system" means any school system, district, college, or university in the State of Arkansas which is supported wholly or in part by tax dollars, whether federal, state, or local.

(b) No title or right of possession to any public school system property, or any portion thereof, shall or can be acquired by adverse possession or adverse occupancy thereof. The right of the public school system or of the proper school authorities of any public school system shall not be defeated in any action or proceeding by reason of adverse possession or adverse occupancy of any public school system property, or any portion thereof, where the parties claiming such adverse possession commence legal action after January 1, 1983. This section is to serve as legal notice to such parties that claims to adverse possession of public school properties commenced after January 1, 1983, shall be unwarranted and ineffective, and those claims shall be dismissed by the appropriate court.

Acts 1981, No. 209, §§ 1, 2; A.S.A. 1947, §§ 37-112, 37-113.
Ark. Code Ann. § 22-6-115 — AR Code / Title 22 / Chapter 6 / Subchapter 1 / Section 22-6-115
Prohibited acts of county officials affecting title
Status: in_force

(a) No county clerk, county assessor, sheriff, or other county official shall file or prepare and issue any type of deed, mortgage, lease, or other legal document, nor shall he or she extend and assess any taxes on state or political subdivision lands for any type of taxes, nor shall he or she include any such lands on any delinquent list, without first notifying the state or the department owning the lands by registered letter, return receipt requested, sixty (60) days prior to taking such action, setting forth the proposed action to be taken and including a complete legal description of the lands. (b) Any action taken without complying with the requirements of this section shall be declared null, void, and invalid, as against the state or political subdivision thereof, in any court having jurisdiction of the cause. Acts 1971, No. 727, §§ 1, 3; A.S.A. 1947, §§ 10-534, 10-535.

(a) No county clerk, county assessor, sheriff, or other county official shall file or prepare and issue any type of deed, mortgage, lease, or other legal document, nor shall he or she extend and assess any taxes on state or political subdivision lands for any type of taxes, nor shall he or she include any such lands on any delinquent list, without first notifying the state or the department owning the lands by registered letter, return receipt requested, sixty (60) days prior to taking such action, setting forth the proposed action to be taken and including a complete legal description of the lands.

(b) Any action taken without complying with the requirements of this section shall be declared null, void, and invalid, as against the state or political subdivision thereof, in any court having jurisdiction of the cause.

Acts 1971, No. 727, §§ 1, 3; A.S.A. 1947, §§ 10-534, 10-535.
Ark. Code Ann. § 22-9-308 — AR Code / Title 22 / Chapter 9 / Subchapter 3 / Section 22-9-308
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017, without reference to amendment by Act 2017, No. 707. Amended by Act 2017, No. 707,§ 88, eff. 8/1/2017. Acts 1969, No. 74, § 4; 1969, No. 275, § 1; A.S.A. 1947, § 14-633.

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017, without reference to amendment by Act 2017, No. 707.

Amended by Act 2017, No. 707,§ 88, eff. 8/1/2017.

Acts 1969, No. 74, § 4; 1969, No. 275, § 1; A.S.A. 1947, § 14-633.
Ark. Code Ann. § 22-3-1504 — AR Code / Title 22 / Chapter 3 / Subchapter 15 / Section 22-3-1504
Utility easement
Status: in_force

The Building Authority Division, on behalf of the State of Arkansas, is hereby granted an easement or license over the State Capitol Building, the various buildings on the State Capitol grounds, and the State Capitol grounds for the purpose of installing or relocating utilities, connecting the facility to an existing structure, and such other purposes as are necessary and consistent with this project as authorized by this subchapter. Amended by Act 2019, No. 910,§ 6220, eff. 7/1/2019. Acts 1999, No. 1339, § 4.

The Building Authority Division, on behalf of the State of Arkansas, is hereby granted an easement or license over the State Capitol Building, the various buildings on the State Capitol grounds, and the State Capitol grounds for the purpose of installing or relocating utilities, connecting the facility to an existing structure, and such other purposes as are necessary and consistent with this project as authorized by this subchapter.

Amended by Act 2019, No. 910,§ 6220, eff. 7/1/2019.

Acts 1999, No. 1339, § 4.
Ark. Code Ann. § 22-7-205 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-205
Ouachita National Forest and Ozark National Forest - Sale of school or tax lands
Status: in_force

(a) The Commissioner of State Lands is authorized, at his or her discretion, to negotiate with the representatives of the United States Government for the sale of all or any part of the school or tax lands situated within the Ouachita National Forest and Ozark National Forest. Upon reaching a satisfactory price agreement, he or she is authorized to give options, to sign purchase contracts, to execute deeds to the United States or its authorized representative, and to accept payment for the lands but only if the sales are made at a price of not less than two dollars and fifty cents ($2.50) per acre. (b) No land shall be sold to the United States Government for less than its appraised value, with such value to be ascertained and such sale to be made as provided by law for the sale of state and school lands. (c) Nothing in this section shall be construed to prohibit land being sold to private parties in the manner provided by law unless under the control of and option to the United States Government and during the term of the option, except that no such lands shall be sold for less than two dollars and fifty cents ($2.50) per acre. Acts 1919, No. 533, § 1; C. & M. Dig., § 6786; Pope's Dig., § 8721; A.S.A. 1947, § 10-1110.

(a) The Commissioner of State Lands is authorized, at his or her discretion, to negotiate with the representatives of the United States Government for the sale of all or any part of the school or tax lands situated within the Ouachita National Forest and Ozark National Forest. Upon reaching a satisfactory price agreement, he or she is authorized to give options, to sign purchase contracts, to execute deeds to the United States or its authorized representative, and to accept payment for the lands but only if the sales are made at a price of not less than two dollars and fifty cents ($2.50) per acre.

(b) No land shall be sold to the United States Government for less than its appraised value, with such value to be ascertained and such sale to be made as provided by law for the sale of state and school lands.

(c) Nothing in this section shall be construed to prohibit land being sold to private parties in the manner provided by law unless under the control of and option to the United States Government and during the term of the option, except that no such lands shall be sold for less than two dollars and fifty cents ($2.50) per acre.

Acts 1919, No. 533, § 1; C. & M. Dig., § 6786; Pope's Dig., § 8721; A.S.A. 1947, § 10-1110.
Ark. Code Ann. § 22-9-302 — AR Code / Title 22 / Chapter 9 / Subchapter 3 / Section 22-9-302
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017. Acts 1969, No. 74, § 1; A.S.A. 1947, § 14-630; Acts 1995, No. 548, § 2.

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.

Acts 1969, No. 74, § 1; A.S.A. 1947, § 14-630; Acts 1995, No. 548, § 2.
Ark. Code Ann. § 22-7-217 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-217
Hot Springs National Park - Land not previously ceded
Status: in_force

(a) Exclusive jurisdiction over all lands which are or shall be included in the Hot Springs National Park in the State of Arkansas and which have not previously been included in acts of the General Assembly is ceded to the United States to be exercised so long as the lands remain the property of the United States, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be in the park or on park premises. (b) The right to tax all structures and other property in private ownership on the Hot Springs National Park is reserved to the State of Arkansas. Acts 1933, No. 166, § 1; Pope's Dig., § 5651; A.S.A. 1947, § 10-1126.

(a) Exclusive jurisdiction over all lands which are or shall be included in the Hot Springs National Park in the State of Arkansas and which have not previously been included in acts of the General Assembly is ceded to the United States to be exercised so long as the lands remain the property of the United States, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be in the park or on park premises.

(b) The right to tax all structures and other property in private ownership on the Hot Springs National Park is reserved to the State of Arkansas.

Acts 1933, No. 166, § 1; Pope's Dig., § 5651; A.S.A. 1947, § 10-1126.
Ark. Code Ann. § 22-3-404 — AR Code / Title 22 / Chapter 3 / Subchapter 4 / Section 22-3-404
Enforcement
Status: in_force

(a) In order that the provisions of this subchapter might be enforced, the Director of the Division of Arkansas State Police may assign one (1) state police officer or more to the State Capitol and its grounds, which may include assignments for sessions of the General Assembly, and the Secretary of State is directed to assign one (1) State Capitol Police officer or more. It shall be the responsibility of the Secretary of State to assure that at least one (1) certified law enforcement officer is on duty on the State Capitol grounds twenty-four (24) hours per day, seven (7) days per week. (b) Each State Capitol Police officer so assigned is authorized to issue, upon determining a violation, a uniform traffic citation that shall be returnable in the Pulaski County District Court. Amended by Act 2019, No. 910,§ 6024, eff. 7/1/2019. Acts 1983, No. 721, § 6; A.S.A. 1947, § 5-254; Acts 1989, No. 468, § 3; 2001, No. 1697, § 19.

(a) In order that the provisions of this subchapter might be enforced, the Director of the Division of Arkansas State Police may assign one (1) state police officer or more to the State Capitol and its grounds, which may include assignments for sessions of the General Assembly, and the Secretary of State is directed to assign one (1) State Capitol Police officer or more. It shall be the responsibility of the Secretary of State to assure that at least one (1) certified law enforcement officer is on duty on the State Capitol grounds twenty-four (24) hours per day, seven (7) days per week.

(b) Each State Capitol Police officer so assigned is authorized to issue, upon determining a violation, a uniform traffic citation that shall be returnable in the Pulaski County District Court.

Amended by Act 2019, No. 910,§ 6024, eff. 7/1/2019.

Acts 1983, No. 721, § 6; A.S.A. 1947, § 5-254; Acts 1989, No. 468, § 3; 2001, No. 1697, § 19.
Ark. Code Ann. § 22-9-901 — AR Code / Title 22 / Chapter 9 / Subchapter 9 / Section 22-9-901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Fair Notice and Efficiency in Public Works Act". Added by Act 2019, No. 1075,§ 2, eff. 7/24/2019.

This subchapter shall be known and may be cited as the "Fair Notice and Efficiency in Public Works Act".

Added by Act 2019, No. 1075,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 22-3-201 — AR Code / Title 22 / Chapter 3 / Subchapter 2 / Section 22-3-201
Lands adjacent to State Capitol to remain state property
Status: in_force

All of the lands belonging to the State of Arkansas adjacent to the State Capitol Building and commonly designated as the "New State Capitol tracts of land" shall forever be and remain the property of the State of Arkansas. Acts 1907, No. 310, § 1, p. 736; C. & M. Dig., § 9182; Pope's Dig., § 11868; A.S.A. 1947, § 5-201.

All of the lands belonging to the State of Arkansas adjacent to the State Capitol Building and commonly designated as the "New State Capitol tracts of land" shall forever be and remain the property of the State of Arkansas.

Acts 1907, No. 310, § 1, p. 736; C. & M. Dig., § 9182; Pope's Dig., § 11868; A.S.A. 1947, § 5-201.
Ark. Code Ann. § 22-5-508 — AR Code / Title 22 / Chapter 5 / Subchapter 5 / Section 22-5-508
Management of forests
Status: in_force

(a) It shall be the duty of the State Forester, in accordance with the provisions of this subchapter, the rules promulgated by the Arkansas Forestry Commission, and approved methods of forestry, to manage, control, protect, develop, utilize, and handle the lands in the state forests in such a manner as to best serve the greatest permanent advantage to the people of this state. (b) Where lands in the state forests are suited for demonstration and education purposes, the commission shall promulgate plans and procedures by which agricultural youth organizations may take an active part in assisting in carrying out the development, control, utilization, and experimentation provided for by this subchapter. (c) In the same manner as state school lands, forestlands may be leased by the commission for grazing, for the production of oil, gas, and other mineral or substances, and for other uses where the commission finds leasing and use will not militate against the purposes of this subchapter. Amended by Act 2019, No. 315,§ 2366, eff. 7/24/2019. Acts 1947, No. 409, §§ 9, 10; 1949, No. 337, § 1; 1963, No. 249, § 2; A.S.A. 1947, §§ 9-729, 9-730.

(a) It shall be the duty of the State Forester, in accordance with the provisions of this subchapter, the rules promulgated by the Arkansas Forestry Commission, and approved methods of forestry, to manage, control, protect, develop, utilize, and handle the lands in the state forests in such a manner as to best serve the greatest permanent advantage to the people of this state.

(b) Where lands in the state forests are suited for demonstration and education purposes, the commission shall promulgate plans and procedures by which agricultural youth organizations may take an active part in assisting in carrying out the development, control, utilization, and experimentation provided for by this subchapter.

(c) In the same manner as state school lands, forestlands may be leased by the commission for grazing, for the production of oil, gas, and other mineral or substances, and for other uses where the commission finds leasing and use will not militate against the purposes of this subchapter.

Amended by Act 2019, No. 315,§ 2366, eff. 7/24/2019.

Acts 1947, No. 409, §§ 9, 10; 1949, No. 337, § 1; 1963, No. 249, § 2; A.S.A. 1947, §§ 9-729, 9-730.
Ark. Code Ann. § 22-7-304 — AR Code / Title 22 / Chapter 7 / Subchapter 3 / Section 22-7-304
Resolution of discrepancies in description of land
Status: in_force

Any discrepancy in the descriptions set forth in this subchapter and in the descriptions of any subsequent surveys prepared by the United States Army Corps of Engineers shall be resolved and interpreted as to extend the legislative jurisdiction of the State of Arkansas over all lands within the borders of the State of Arkansas. Acts 1997, No. 1260, § 4.

Any discrepancy in the descriptions set forth in this subchapter and in the descriptions of any subsequent surveys prepared by the United States Army Corps of Engineers shall be resolved and interpreted as to extend the legislative jurisdiction of the State of Arkansas over all lands within the borders of the State of Arkansas.

Acts 1997, No. 1260, § 4.
Ark. Code Ann. § 22-9-207 — AR Code / Title 22 / Chapter 9 / Subchapter 2 / Section 22-9-207
Construction or purchase of memorial, statue, bust, etc
Status: in_force

Any state agency, department, board, commission, or other body having the authority to construct or purchase, or negotiate for the construction or purchase of, any memorial, statue, bust, monument, or other similar article which is to be paid for from public funds shall establish specifications for the object, take competitive bids on the cost of constructing or furnishing the object, and award the contract to furnish or construct the object to the lowest responsible bidder meeting the established specifications. Acts 1967, No. 354, § 1; A.S.A. 1947, § 14-626.

Any state agency, department, board, commission, or other body having the authority to construct or purchase, or negotiate for the construction or purchase of, any memorial, statue, bust, monument, or other similar article which is to be paid for from public funds shall establish specifications for the object, take competitive bids on the cost of constructing or furnishing the object, and award the contract to furnish or construct the object to the lowest responsible bidder meeting the established specifications.

Acts 1967, No. 354, § 1; A.S.A. 1947, § 14-626.
Ark. Code Ann. § 22-4-407 — AR Code / Title 22 / Chapter 4 / Subchapter 4 / Section 22-4-407
Public access to private lands
Status: in_force

Nothing in this subchapter shall be construed to give the public any greater right or privilege of access to private lands than that permitted by easement granted by the landowner. Acts 1979, No. 132, § 8; A.S.A. 1947, § 9-603.8.

Nothing in this subchapter shall be construed to give the public any greater right or privilege of access to private lands than that permitted by easement granted by the landowner.

Acts 1979, No. 132, § 8; A.S.A. 1947, § 9-603.8.
Ark. Code Ann. § 22-9-804 — AR Code / Title 22 / Chapter 9 / Subchapter 8 / Section 22-9-804
Public agency construction contracts - Prohibited terms
Status: in_force

A public agency that awards a contract for the construction, repair, remodeling, or demolition of a public improvement, or obligating funds pursuant to such a contract, shall ensure that neither the awarding public agency nor a construction manager acting on behalf of the public agency includes in its bid specifications, project agreements, or other controlling documents any of the following: (1) A term that requires, prohibits, encourages, or discourages bidders, contractors, or subcontractors from entering into or adhering to agreements with a collective bargaining organization relating to the construction project or a related construction project; or (2) A term that discriminates against bidders, contractors, or subcontractors based on the status as a party or nonparty to, or the willingness or refusal to enter into, an agreement with a collective bargaining organization relating to the construction project or a related construction project. Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.

A public agency that awards a contract for the construction, repair, remodeling, or demolition of a public improvement, or obligating funds pursuant to such a contract, shall ensure that neither the awarding public agency nor a construction manager acting on behalf of the public agency includes in its bid specifications, project agreements, or other controlling documents any of the following:

(1) A term that requires, prohibits, encourages, or discourages bidders, contractors, or subcontractors from entering into or adhering to agreements with a collective bargaining organization relating to the construction project or a related construction project; or

(2) A term that discriminates against bidders, contractors, or subcontractors based on the status as a party or nonparty to, or the willingness or refusal to enter into, an agreement with a collective bargaining organization relating to the construction project or a related construction project.

Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 22-5-305 — AR Code / Title 22 / Chapter 5 / Subchapter 3 / Section 22-5-305
[Repealed]
Status: repealed

Repealed by Act 2019, No. 972,§ 2, eff. 7/24/2019. Repealed by Act 2019, No. 884,§ 5, eff. 7/24/2019. Acts 1939, No. 331, §§ 4, 10; 1945, No. 49, § 6; A.S.A. 1947, §§ 10-404 -- 10-406.

Repealed by Act 2019, No. 972,§ 2, eff. 7/24/2019.

Repealed by Act 2019, No. 884,§ 5, eff. 7/24/2019.

Acts 1939, No. 331, §§ 4, 10; 1945, No. 49, § 6; A.S.A. 1947, §§ 10-404 -- 10-406.
Ark. Code Ann. § 22-5-501 — AR Code / Title 22 / Chapter 5 / Subchapter 5 / Section 22-5-501
Authority to acquire
Status: in_force

(a) The Arkansas Forestry Commission is authorized and empowered to acquire and hold in the name of the State of Arkansas title to lands which the commission determines, because of location, topographical, geological, and physical characteristics, are chiefly valuable for the production of forest crops, watershed protection, erosion and flood control, forestation, reforestation, and recreation. (b) Lands, when so acquired, shall be appropriately named, designated, administered, protected, and developed as state forests. Acts 1947, No. 409, § 1; 1963, No. 249, § 1; A.S.A. 1947, § 9-721.

(a) The Arkansas Forestry Commission is authorized and empowered to acquire and hold in the name of the State of Arkansas title to lands which the commission determines, because of location, topographical, geological, and physical characteristics, are chiefly valuable for the production of forest crops, watershed protection, erosion and flood control, forestation, reforestation, and recreation.

(b) Lands, when so acquired, shall be appropriately named, designated, administered, protected, and developed as state forests.

Acts 1947, No. 409, § 1; 1963, No. 249, § 1; A.S.A. 1947, § 9-721.
Ark. Code Ann. § 22-9-304 — AR Code / Title 22 / Chapter 9 / Subchapter 3 / Section 22-9-304
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017. Acts 1969, No. 74, § 8; A.S.A. 1947, § 14-637.

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.

Acts 1969, No. 74, § 8; A.S.A. 1947, § 14-637.
Ark. Code Ann. § 22-5-703 — AR Code / Title 22 / Chapter 5 / Subchapter 7 / Section 22-5-703
Counties may obtain field notes - Appropriations
Status: in_force

(a) (1) The county court of each county is authorized to ascertain at what price the field notes of survey of the lands in the county, together with township maps thereof, can be obtained. After the court shall have obtained a knowledge of the amount of expenses necessary to procure the field notes and township maps, it shall cause the price to be posted in an advertisement, at the courthouse door, requesting all the justices of the county to attend the next county court. (2) If a majority of the justices present shall vote in favor of paying the ascertained price, then the county court may proceed to procure the field notes and maps from the office of the Commissioner of State Lands. The field notes and maps so procured, certified by the Commissioner of State Lands, shall be lodged in the office of the clerk of the county court. (b) For putting this section into effect, each county is authorized to make the necessary appropriations out of any money in the county treasury not otherwise appropriated. Acts 1854, §§ 1, 4, p. 16; Acts 1857, § 1, p. 67; C. & M. Dig., § 4749; Pope's Dig., § 5828; A.S.A. 1947, §§ 10-1209 -- 10-1211.

(a) (1) The county court of each county is authorized to ascertain at what price the field notes of survey of the lands in the county, together with township maps thereof, can be obtained. After the court shall have obtained a knowledge of the amount of expenses necessary to procure the field notes and township maps, it shall cause the price to be posted in an advertisement, at the courthouse door, requesting all the justices of the county to attend the next county court. (2) If a majority of the justices present shall vote in favor of paying the ascertained price, then the county court may proceed to procure the field notes and maps from the office of the Commissioner of State Lands. The field notes and maps so procured, certified by the Commissioner of State Lands, shall be lodged in the office of the clerk of the county court.

(1) The county court of each county is authorized to ascertain at what price the field notes of survey of the lands in the county, together with township maps thereof, can be obtained. After the court shall have obtained a knowledge of the amount of expenses necessary to procure the field notes and township maps, it shall cause the price to be posted in an advertisement, at the courthouse door, requesting all the justices of the county to attend the next county court.

(2) If a majority of the justices present shall vote in favor of paying the ascertained price, then the county court may proceed to procure the field notes and maps from the office of the Commissioner of State Lands. The field notes and maps so procured, certified by the Commissioner of State Lands, shall be lodged in the office of the clerk of the county court.

(b) For putting this section into effect, each county is authorized to make the necessary appropriations out of any money in the county treasury not otherwise appropriated.

Acts 1854, §§ 1, 4, p. 16; Acts 1857, § 1, p. 67; C. & M. Dig., § 4749; Pope's Dig., § 5828; A.S.A. 1947, §§ 10-1209 -- 10-1211.
Ark. Code Ann. § 22-5-510 — AR Code / Title 22 / Chapter 5 / Subchapter 5 / Section 22-5-510
Records and reports
Status: in_force

The Arkansas Forestry Commission shall cause a record of all its proceedings relating to state forests, including the date of acquisition, description, source of title, purchase price, amounts expended in the development of each tract, and the forest to which allotted, to be kept in the office of the Department of Agriculture. Amended by Act 2019, No. 910,§ 119, eff. 7/1/2019. Acts 1947, No. 409, § 13; A.S.A. 1947, § 9-733.

The Arkansas Forestry Commission shall cause a record of all its proceedings relating to state forests, including the date of acquisition, description, source of title, purchase price, amounts expended in the development of each tract, and the forest to which allotted, to be kept in the office of the Department of Agriculture.

Amended by Act 2019, No. 910,§ 119, eff. 7/1/2019.

Acts 1947, No. 409, § 13; A.S.A. 1947, § 9-733.
Ark. Code Ann. § 22-3-1007 — AR Code / Title 22 / Chapter 3 / Subchapter 10 / Section 22-3-1007
[Repealed]
Status: repealed

Repealed by Act 2017, No. 269,§ 9, eff. 2/22/2017. Acts 1947, No. 249, § 4; A.S.A. 1947, § 80-3404; Acts 1995, No. 819, § 1.

Repealed by Act 2017, No. 269,§ 9, eff. 2/22/2017.

Acts 1947, No. 249, § 4; A.S.A. 1947, § 80-3404; Acts 1995, No. 819, § 1.
Ark. Code Ann. § 22-6-103 — AR Code / Title 22 / Chapter 6 / Subchapter 1 / Section 22-6-103
Issuance of replacement certificates of purchase
Status: in_force

The Commissioner of State Lands shall issue certificates of purchase only in cases in which it shall appear by the records that no certificates have ever been issued and in cases where the affidavit of the applicant, or some person for him or her, shall be filed stating that the original certificate had not been assigned or that it has been lost or destroyed. Acts 1854, § 2, p. 13; C. & M. Dig., § 6763; Pope's Dig., § 8695; A.S.A. 1947, § 10-520.

The Commissioner of State Lands shall issue certificates of purchase only in cases in which it shall appear by the records that no certificates have ever been issued and in cases where the affidavit of the applicant, or some person for him or her, shall be filed stating that the original certificate had not been assigned or that it has been lost or destroyed.

Acts 1854, § 2, p. 13; C. & M. Dig., § 6763; Pope's Dig., § 8695; A.S.A. 1947, § 10-520.
Ark. Code Ann. § 22-10-201 — AR Code / Title 22 / Chapter 10 / Subchapter 2 / Section 22-10-201
Responsible public entity
Status: in_force

(a) Before issuing a request for proposals or an invitation for bids, a public entity shall: (1) Seek the advice and consent of the Building Authority Division and the Arkansas Development Finance Authority; and (2) Be designated as the responsible public entity for purposes of developing the qualifying project. (b) A responsible public entity shall: (1) Adopt and make publicly available guidelines that are consistent with the rules promulgated under this chapter before issuing a request for proposals or an invitation for bids for a qualifying project under this chapter; and (2) Identify a representative of the responsible public entity who is available to meet with private entities that are considering submitting a proposal. Amended by Act 2019, No. 910,§ 6244, eff. 7/1/2019. Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.

(a) Before issuing a request for proposals or an invitation for bids, a public entity shall: (1) Seek the advice and consent of the Building Authority Division and the Arkansas Development Finance Authority; and (2) Be designated as the responsible public entity for purposes of developing the qualifying project.

(1) Seek the advice and consent of the Building Authority Division and the Arkansas Development Finance Authority; and

(2) Be designated as the responsible public entity for purposes of developing the qualifying project.

(b) A responsible public entity shall: (1) Adopt and make publicly available guidelines that are consistent with the rules promulgated under this chapter before issuing a request for proposals or an invitation for bids for a qualifying project under this chapter; and (2) Identify a representative of the responsible public entity who is available to meet with private entities that are considering submitting a proposal.

(1) Adopt and make publicly available guidelines that are consistent with the rules promulgated under this chapter before issuing a request for proposals or an invitation for bids for a qualifying project under this chapter; and

(2) Identify a representative of the responsible public entity who is available to meet with private entities that are considering submitting a proposal.

Amended by Act 2019, No. 910,§ 6244, eff. 7/1/2019.

Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 22-4-102 — AR Code / Title 22 / Chapter 4 / Subchapter 1 / Section 22-4-102
Control of state parks and recreational areas
Status: in_force

All parks and recreational areas acquired by the state shall constitute the state parks system and shall be under the immediate control and management of the State Parks, Recreation, and Travel Commission. Acts 1937, No. 170, § 6; Pope's Dig., § 12312; A.S.A. 1947, § 9-601.

All parks and recreational areas acquired by the state shall constitute the state parks system and shall be under the immediate control and management of the State Parks, Recreation, and Travel Commission.

Acts 1937, No. 170, § 6; Pope's Dig., § 12312; A.S.A. 1947, § 9-601.
Ark. Code Ann. § 22-3-1408 — AR Code / Title 22 / Chapter 3 / Subchapter 14 / Section 22-3-1408
Required statement on bond - Lien and pledge to secure bonds
Status: in_force

(a) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter, that the bonds shall be obligations only of the Arkansas Development Finance Authority, that in no event shall they constitute indebtedness for which the faith and credit of the State of Arkansas or any of its revenues, within the meaning of Arkansas Constitution, Amendment 20, are pledged. (b) (1) The principal of, premiums, if any, interest on, and trustees' and paying agents' fees in connection with the bonds shall be secured by a lien on and pledge of and shall be payable from the pledged revenues defined in this section. (2) The authorizing resolution or trust indenture shall set forth details of the nature and extent of the lien and pledge, including provisions for the use of surplus revenues, if any, for any other lawful purposes. Acts 1991, No. 1173, § 6.

(a) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter, that the bonds shall be obligations only of the Arkansas Development Finance Authority, that in no event shall they constitute indebtedness for which the faith and credit of the State of Arkansas or any of its revenues, within the meaning of Arkansas Constitution, Amendment 20, are pledged.

(b) (1) The principal of, premiums, if any, interest on, and trustees' and paying agents' fees in connection with the bonds shall be secured by a lien on and pledge of and shall be payable from the pledged revenues defined in this section. (2) The authorizing resolution or trust indenture shall set forth details of the nature and extent of the lien and pledge, including provisions for the use of surplus revenues, if any, for any other lawful purposes.

(1) The principal of, premiums, if any, interest on, and trustees' and paying agents' fees in connection with the bonds shall be secured by a lien on and pledge of and shall be payable from the pledged revenues defined in this section.

(2) The authorizing resolution or trust indenture shall set forth details of the nature and extent of the lien and pledge, including provisions for the use of surplus revenues, if any, for any other lawful purposes.

Acts 1991, No. 1173, § 6.
Ark. Code Ann. § 22-5-202 — AR Code / Title 22 / Chapter 5 / Subchapter 2 / Section 22-5-202
Bond
Status: in_force

(a) It shall be the duty of the Commissioner of State Lands to give bond, with good and sufficient security to be approved by the Governor, in the sum of twenty thousand dollars ($20,000), for any moneys and other property belonging to the state which may be in or may come into his or her possession and for the faithful performance of his or her official duties. (b) The bond shall be given to the State of Arkansas and shall be filed in the office of the Secretary of State. Joint Res. 1869, No. 16, p. 212; C. & M. Dig., § 6573; Pope's Dig., § 8604; A.S.A. 1947, § 10-103.

(a) It shall be the duty of the Commissioner of State Lands to give bond, with good and sufficient security to be approved by the Governor, in the sum of twenty thousand dollars ($20,000), for any moneys and other property belonging to the state which may be in or may come into his or her possession and for the faithful performance of his or her official duties.

(b) The bond shall be given to the State of Arkansas and shall be filed in the office of the Secretary of State.

Joint Res. 1869, No. 16, p. 212; C. & M. Dig., § 6573; Pope's Dig., § 8604; A.S.A. 1947, § 10-103.
Ark. Code Ann. § 22-2-104 — AR Code / Title 22 / Chapter 2 / Section 22-2-104
Creation of Building Authority Division
Status: in_force

(a) There is created within the Department of Transformation and Shared Services the Building Authority Division. (b) The division shall carry out the duties and responsibilities set out in § 22-2-108 under the policies, guidelines, standards, and procedures established by the Department of Transformation and Shared Services. Amended by Act 2019, No. 910,§ 6155, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 52, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 52, eff. 5/23/2016. Amended by Act 2015EX1, No. 8,§ 22, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 22, eff. 7/1/2015. Acts 1975, No. 716, § 3; A.S.A. 1947, § 5-1020.

(a) There is created within the Department of Transformation and Shared Services the Building Authority Division.

(b) The division shall carry out the duties and responsibilities set out in § 22-2-108 under the policies, guidelines, standards, and procedures established by the Department of Transformation and Shared Services.

Amended by Act 2019, No. 910,§ 6155, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 52, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 52, eff. 5/23/2016.

Amended by Act 2015EX1, No. 8,§ 22, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 22, eff. 7/1/2015.

Acts 1975, No. 716, § 3; A.S.A. 1947, § 5-1020.
Ark. Code Ann. § 22-5-601 — AR Code / Title 22 / Chapter 5 / Subchapter 6 / Section 22-5-601
Investigators
Status: in_force

(a) For the purpose of protecting the timber and lands of the state against trespass and to obtain reliable information upon which to predicate the proceedings provided for in this subchapter, the Attorney General shall have the authority to employ agents to make the necessary investigations and reports. (b) The agents shall report to the Attorney General all cases wherein they discover any trespassing on the lands of the state and shall also investigate reports made by others as to such trespass. (c) Different persons may, in the discretion of the Attorney General, be employed to make investigations, although not more than one (1) person shall be under employment at any given time. (d) An agent shall receive for his or her compensation an amount not exceeding ten dollars ($10.00) per day while actually engaged in service pursuant to this section to the exclusion of all other business, may be reimbursed for necessary expenses while so engaged, and shall file with the Attorney General an itemized verified statement of his or her expenses. Acts 1931, No. 125, §§ 4, 5; Pope's Dig., §§ 8729, 8730; A.S.A. 1947, §§ 10-311, 10-312.

(a) For the purpose of protecting the timber and lands of the state against trespass and to obtain reliable information upon which to predicate the proceedings provided for in this subchapter, the Attorney General shall have the authority to employ agents to make the necessary investigations and reports.

(b) The agents shall report to the Attorney General all cases wherein they discover any trespassing on the lands of the state and shall also investigate reports made by others as to such trespass.

(c) Different persons may, in the discretion of the Attorney General, be employed to make investigations, although not more than one (1) person shall be under employment at any given time.

(d) An agent shall receive for his or her compensation an amount not exceeding ten dollars ($10.00) per day while actually engaged in service pursuant to this section to the exclusion of all other business, may be reimbursed for necessary expenses while so engaged, and shall file with the Attorney General an itemized verified statement of his or her expenses.

Acts 1931, No. 125, §§ 4, 5; Pope's Dig., §§ 8729, 8730; A.S.A. 1947, §§ 10-311, 10-312.
Ark. Code Ann. § 22-3-917 — AR Code / Title 22 / Chapter 3 / Subchapter 9 / Section 22-3-917
Employment of architect - Fees
Status: in_force

(a) (1) The Building Authority Division may employ an architect to prepare plans, specifications, and estimates of cost for the construction of the Arkansas Justice Building and to supervise and inspect the construction. (2) The division and the architect shall consult with the members of the Supreme Court concerning the plans and specifications for the construction. (b) (1) The fees or commissions of the architect shall not exceed six percent (6%) of the total construction cost, and none of the fees or commissions are due and payable until the construction contracts are awarded and then only to the extent of sixty percent (60%) of the total amount of the fees or commissions. (2) The remainder of the architect's fees or commissions are due and payable as the construction work progresses. Amended by Act 2019, No. 910,§ 6192, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 45, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 45, eff. 7/1/2015. Acts 1955, No. 375, § 19; A.S.A. 1947, § 5-618; Acts 2011, No. 191, § 2.

(a) (1) The Building Authority Division may employ an architect to prepare plans, specifications, and estimates of cost for the construction of the Arkansas Justice Building and to supervise and inspect the construction. (2) The division and the architect shall consult with the members of the Supreme Court concerning the plans and specifications for the construction.

(1) The Building Authority Division may employ an architect to prepare plans, specifications, and estimates of cost for the construction of the Arkansas Justice Building and to supervise and inspect the construction.

(2) The division and the architect shall consult with the members of the Supreme Court concerning the plans and specifications for the construction.

(b) (1) The fees or commissions of the architect shall not exceed six percent (6%) of the total construction cost, and none of the fees or commissions are due and payable until the construction contracts are awarded and then only to the extent of sixty percent (60%) of the total amount of the fees or commissions. (2) The remainder of the architect's fees or commissions are due and payable as the construction work progresses.

(1) The fees or commissions of the architect shall not exceed six percent (6%) of the total construction cost, and none of the fees or commissions are due and payable until the construction contracts are awarded and then only to the extent of sixty percent (60%) of the total amount of the fees or commissions.

(2) The remainder of the architect's fees or commissions are due and payable as the construction work progresses.

Amended by Act 2019, No. 910,§ 6192, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 45, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 45, eff. 7/1/2015.

Acts 1955, No. 375, § 19; A.S.A. 1947, § 5-618; Acts 2011, No. 191, § 2.
Ark. Code Ann. § 22-10-105 — AR Code / Title 22 / Chapter 10 / Subchapter 1 / Section 22-10-105
Application
Status: in_force

This chapter does not apply to projects of the Arkansas Department of Transportation. Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.

This chapter does not apply to projects of the Arkansas Department of Transportation.

Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 22-1-204 — AR Code / Title 22 / Chapter 1 / Subchapter 2 / Section 22-1-204
Realty owned by cities, towns, school districts, counties, or state
Status: in_force

No title or right of possession to realty by an incorporated town, city of the second class, city of the first class, school district, county, or the state may be defeated in any action or proceeding because of adverse possession. Acts 1981, No. 354, § 1; A.S.A. 1947, § 37-114.

No title or right of possession to realty by an incorporated town, city of the second class, city of the first class, school district, county, or the state may be defeated in any action or proceeding because of adverse possession.

Acts 1981, No. 354, § 1; A.S.A. 1947, § 37-114.
Ark. Code Ann. § 22-6-204 — AR Code / Title 22 / Chapter 6 / Subchapter 2 / Section 22-6-204
Confirmation of prior sales
Status: in_force

(a) All sales made by the Commissioner of State Lands pursuant to this subchapter prior to July 1, 1991, are confirmed, and the title of all purchases under the deeds from the Commissioner of State Lands are quieted, established, and confirmed. (b) The area described in any of the deeds as being conveyed shall extend only to the line of ordinary highwater and shall not extend to the bed or channels of the chutes or adjoining area which lies below the line of ordinary highwater, the title to which formations below the line of ordinary highwater is reserved in the State of Arkansas. Acts 1933, No. 25, § 3; A.S.A. 1947, § 10-609; Acts 1991, No. 807, § 2.

(a) All sales made by the Commissioner of State Lands pursuant to this subchapter prior to July 1, 1991, are confirmed, and the title of all purchases under the deeds from the Commissioner of State Lands are quieted, established, and confirmed.

(b) The area described in any of the deeds as being conveyed shall extend only to the line of ordinary highwater and shall not extend to the bed or channels of the chutes or adjoining area which lies below the line of ordinary highwater, the title to which formations below the line of ordinary highwater is reserved in the State of Arkansas.

Acts 1933, No. 25, § 3; A.S.A. 1947, § 10-609; Acts 1991, No. 807, § 2.
Ark. Code Ann. § 22-3-907 — AR Code / Title 22 / Chapter 3 / Subchapter 9 / Section 22-3-907
Financing authority of Building Authority Division
Status: in_force

The Building Authority Division is authorized and empowered to enter into the necessary contracts for the borrowing of all funds that it determines will be required in connection with the financing of the Arkansas Justice Building or the construction of extensions, additions, or improvements thereto. The cost of construction may include architectural, engineering, legal, and other similar expenses. Amended by Act 2019, No. 910,§ 6190, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 43, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 43, eff. 7/1/2015. Acts 1955, No. 375, § 16; A.S.A. 1947, § 5-615.

The Building Authority Division is authorized and empowered to enter into the necessary contracts for the borrowing of all funds that it determines will be required in connection with the financing of the Arkansas Justice Building or the construction of extensions, additions, or improvements thereto. The cost of construction may include architectural, engineering, legal, and other similar expenses.

Amended by Act 2019, No. 910,§ 6190, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 43, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 43, eff. 7/1/2015.

Acts 1955, No. 375, § 16; A.S.A. 1947, § 5-615.
Ark. Code Ann. § 22-5-208 — AR Code / Title 22 / Chapter 5 / Subchapter 2 / Section 22-5-208
Books, plats, and maps
Status: in_force

(a) The Commissioner of State Lands shall take possession and have charge of all the books, papers, evidences of title, plats, and maps of all internal improvement, seminary, saline, and swamp and overflowed lands. (b) The Commissioner of State Lands shall proceed to complete all the books, papers, plats, and maps that may be delivered to him or her by the Auditor of State if any are incomplete. (c) The Commissioner of State Lands shall make out for each township in this state, in which there are any of the lands described in subsection (a) of this section, township maps in which he or she shall carefully classify the internal improvement lands, seminary lands, saline lands, and swamp and overflowed lands, each description making a classification unto itself and to be discriminated one from the other in such maps or plats. (d) The maps or plats shall be kept in the office of the Commissioner of State Lands and, at all times during ordinary business hours, shall be open to the examination of any person interested in state lands or desiring to purchase any state lands. Acts 1868, No. 20, §§ 6, 7, p. 61; C. & M. Dig., §§ 6578, 6580, 6581; Pope's Dig., §§ 8609, 8611, 8612; A.S.A. 1947, §§ 10-108, 10-109.

(a) The Commissioner of State Lands shall take possession and have charge of all the books, papers, evidences of title, plats, and maps of all internal improvement, seminary, saline, and swamp and overflowed lands.

(b) The Commissioner of State Lands shall proceed to complete all the books, papers, plats, and maps that may be delivered to him or her by the Auditor of State if any are incomplete.

(c) The Commissioner of State Lands shall make out for each township in this state, in which there are any of the lands described in subsection (a) of this section, township maps in which he or she shall carefully classify the internal improvement lands, seminary lands, saline lands, and swamp and overflowed lands, each description making a classification unto itself and to be discriminated one from the other in such maps or plats.

(d) The maps or plats shall be kept in the office of the Commissioner of State Lands and, at all times during ordinary business hours, shall be open to the examination of any person interested in state lands or desiring to purchase any state lands.

Acts 1868, No. 20, §§ 6, 7, p. 61; C. & M. Dig., §§ 6578, 6580, 6581; Pope's Dig., §§ 8609, 8611, 8612; A.S.A. 1947, §§ 10-108, 10-109.
Ark. Code Ann. § 22-4-101 — AR Code / Title 22 / Chapter 4 / Subchapter 1 / Section 22-4-101
Definitions
Status: in_force

As used in this subchapter: (1) "Land" means upland; land under water; the water of any lake, pond, or stream; any and all incorporeal hereditaments; and every estate, interest, and right, either legal or equitable, in land or water, including terms for years, liens thereon by way of judgment, mortgage, or otherwise, and all claims for damages to such property; and (2) "Park" means any area within the state which by reason of location, natural features, scenic beauty, or historical interest possesses distinctive physical, aesthetic, intellectual, creative, and social values. Acts 1937, No. 170, § 10; Pope's Dig., § 12316; A.S.A. 1947, § 9-606.

As used in this subchapter:

(1) "Land" means upland; land under water; the water of any lake, pond, or stream; any and all incorporeal hereditaments; and every estate, interest, and right, either legal or equitable, in land or water, including terms for years, liens thereon by way of judgment, mortgage, or otherwise, and all claims for damages to such property; and

(2) "Park" means any area within the state which by reason of location, natural features, scenic beauty, or historical interest possesses distinctive physical, aesthetic, intellectual, creative, and social values.

Acts 1937, No. 170, § 10; Pope's Dig., § 12316; A.S.A. 1947, § 9-606.
Ark. Code Ann. § 22-3-306 — AR Code / Title 22 / Chapter 3 / Subchapter 3 / Section 22-3-306
Authority of Capitol Zoning District Commission over property within Capitol Zoning District - Permits
Status: in_force

(a) After the adoption of the comprehensive master zoning plan, the Capitol Zoning District Commission shall have exclusive authority over the zoning and regulation of the utilization of all property within the Capitol Zoning District, and no planning or zoning authority or jurisdiction of any subdivision of the state shall have any zoning or control authority except as agreed upon by the commission. (b) (1) After the adoption by the commission of the comprehensive master zoning plan, the commission shall have the authority to approve or disapprove the location and design of any improvements to be placed upon any land within the district, and no improvements shall be placed upon any land within the district unless the design and proposed location shall be approved by the commission. (2) Such improvements shall include, but not be limited to, buildings, including additions and alterations, parking lots and facilities, and all other construction whatsoever, except that the word "improvements" shall not include existing streets, alleys, or utilities and shall not include maintenance, service, or improvement thereof. (c) After the adoption by the commission of the comprehensive master zoning plan, no improvement of any nature nor any change of land use shall commence within the district without a permit issued by the commission. (d) Within the district, a legally existing use, building, or structure that exists at the time of the adoption of the plans and rules authorized by this subchapter, but not in conformity with such plans and rules, may be continued but shall not be extended or structurally altered without the approval of the commission. Amended by Act 2019, No. 315,§ 2348, eff. 7/24/2019. Acts 1975, No. 267, § 5; A.S.A. 1947, § 5-239.

(a) After the adoption of the comprehensive master zoning plan, the Capitol Zoning District Commission shall have exclusive authority over the zoning and regulation of the utilization of all property within the Capitol Zoning District, and no planning or zoning authority or jurisdiction of any subdivision of the state shall have any zoning or control authority except as agreed upon by the commission.

(b) (1) After the adoption by the commission of the comprehensive master zoning plan, the commission shall have the authority to approve or disapprove the location and design of any improvements to be placed upon any land within the district, and no improvements shall be placed upon any land within the district unless the design and proposed location shall be approved by the commission. (2) Such improvements shall include, but not be limited to, buildings, including additions and alterations, parking lots and facilities, and all other construction whatsoever, except that the word "improvements" shall not include existing streets, alleys, or utilities and shall not include maintenance, service, or improvement thereof.

(1) After the adoption by the commission of the comprehensive master zoning plan, the commission shall have the authority to approve or disapprove the location and design of any improvements to be placed upon any land within the district, and no improvements shall be placed upon any land within the district unless the design and proposed location shall be approved by the commission.

(2) Such improvements shall include, but not be limited to, buildings, including additions and alterations, parking lots and facilities, and all other construction whatsoever, except that the word "improvements" shall not include existing streets, alleys, or utilities and shall not include maintenance, service, or improvement thereof.

(c) After the adoption by the commission of the comprehensive master zoning plan, no improvement of any nature nor any change of land use shall commence within the district without a permit issued by the commission.

(d) Within the district, a legally existing use, building, or structure that exists at the time of the adoption of the plans and rules authorized by this subchapter, but not in conformity with such plans and rules, may be continued but shall not be extended or structurally altered without the approval of the commission.

Amended by Act 2019, No. 315,§ 2348, eff. 7/24/2019.

Acts 1975, No. 267, § 5; A.S.A. 1947, § 5-239.
Ark. Code Ann. § 22-3-1214 — AR Code / Title 22 / Chapter 3 / Subchapter 12 / Section 22-3-1214
Certificates of indebtedness - Disposition of proceeds
Status: in_force

Proceeds from the sale of the certificates of indebtedness shall be deposited into the State Treasury as follows: (1) All funds held as a debt service reserve fund in the Public Facilities Debt Service Fund pursuant to the provisions hereof and the earnings thereon shall be applied on or after January 2, 1990, to redeem, to the extent possible, certificates of indebtedness identified as Series B; and (2) The remainder thereof shall be credited as trust funds to the "Public Facilities Construction Fund", which is established by this subdivision (2), and shall be used only for the redemption of the 1977 Bonds and the 1979 Bonds and for the construction of buildings authorized under this subchapter. Acts 1983, No. 458, § 6; A.S.A. 1947, § 13-2606; Acts 1989 (3rd Ex. Sess.), No. 86, § 3.

Proceeds from the sale of the certificates of indebtedness shall be deposited into the State Treasury as follows:

(1) All funds held as a debt service reserve fund in the Public Facilities Debt Service Fund pursuant to the provisions hereof and the earnings thereon shall be applied on or after January 2, 1990, to redeem, to the extent possible, certificates of indebtedness identified as Series B; and

(2) The remainder thereof shall be credited as trust funds to the "Public Facilities Construction Fund", which is established by this subdivision (2), and shall be used only for the redemption of the 1977 Bonds and the 1979 Bonds and for the construction of buildings authorized under this subchapter.

Acts 1983, No. 458, § 6; A.S.A. 1947, § 13-2606; Acts 1989 (3rd Ex. Sess.), No. 86, § 3.
Ark. Code Ann. § 22-4-313 — AR Code / Title 22 / Chapter 4 / Subchapter 3 / Section 22-4-313
Bonds for construction of lodge and cabins
Status: in_force

(a) The State Parks, Recreation, and Travel Commission, in accordance with the provisions of this subchapter, may contract with the Arkansas Development Finance Authority to provide for the issuance of bonds by the authority for the purpose of providing funds for the design, construction, and equipping of a lodge and cabins and related facilities and improvements to be located in Mount Magazine State Park and to provide funds for reasonable financing costs, including costs of issuance, capitalized interest, and a debt service reserve fund. (b) In order to secure the bonds, the commission is authorized to pledge to pay debt service on the bonds, the fees, rates, tolls, and charges for the services, facilities, and commodities rendered by the properties and equipment of the state parks system pursuant to § 22-4-305 . Acts 2001, No. 1390, § 12.

(a) The State Parks, Recreation, and Travel Commission, in accordance with the provisions of this subchapter, may contract with the Arkansas Development Finance Authority to provide for the issuance of bonds by the authority for the purpose of providing funds for the design, construction, and equipping of a lodge and cabins and related facilities and improvements to be located in Mount Magazine State Park and to provide funds for reasonable financing costs, including costs of issuance, capitalized interest, and a debt service reserve fund.

(b) In order to secure the bonds, the commission is authorized to pledge to pay debt service on the bonds, the fees, rates, tolls, and charges for the services, facilities, and commodities rendered by the properties and equipment of the state parks system pursuant to § 22-4-305 .

Acts 2001, No. 1390, § 12.
Ark. Code Ann. § 22-3-1103 — AR Code / Title 22 / Chapter 3 / Subchapter 11 / Section 22-3-1103
Use of showgrounds - National FFA Organization's State Horse Show
Status: in_force

(a) The Arkansas Livestock Show Association shall permit organizations and associations to use the Arkansas Livestock Show Association's showgrounds and facilities for the National FFA Organization's State Horse Show and other related livestock and poultry activities without charge, when the use involves no additional costs to the Arkansas Livestock Show Association. (b) When any organization or association is permitted to use the showgrounds and facilities for the National FFA Organization's State Horse Show and other related livestock and poultry activities, the organization or association so using the grounds and facilities shall clean the livestock showgrounds and facilities and remove all trash and debris resulting from that use and shall leave the grounds and facilities in at least as good condition as the grounds and facilities were prior to the activities. Acts 1975, No. 1002, § 2.

(a) The Arkansas Livestock Show Association shall permit organizations and associations to use the Arkansas Livestock Show Association's showgrounds and facilities for the National FFA Organization's State Horse Show and other related livestock and poultry activities without charge, when the use involves no additional costs to the Arkansas Livestock Show Association.

(b) When any organization or association is permitted to use the showgrounds and facilities for the National FFA Organization's State Horse Show and other related livestock and poultry activities, the organization or association so using the grounds and facilities shall clean the livestock showgrounds and facilities and remove all trash and debris resulting from that use and shall leave the grounds and facilities in at least as good condition as the grounds and facilities were prior to the activities.

Acts 1975, No. 1002, § 2.
Ark. Code Ann. § 22-5-301 — AR Code / Title 22 / Chapter 5 / Subchapter 3 / Section 22-5-301
Policy
Status: in_force

It is declared to be the policy of the State of Arkansas: (1) To provide for the development and conservation of the human and soil resources of the state; (2) To protect the lands owned by the state and to provide for their classification and best use in the interests of the future general welfare and agricultural well-being of the state; (3) To encourage the settlement of the farm families of the state upon family-sized tracts under conditions conducive to successful farming; (4) To preserve land in public ownership suited for public use as forests, parks, or other purposes; (5) To cooperate with federal agencies having similar and allied objectives; and (6) To protect and promote the health, safety, and general welfare of the people of Arkansas. Acts 1939, No. 331, § 1; A.S.A. 1947, § 10-401.

It is declared to be the policy of the State of Arkansas:

(1) To provide for the development and conservation of the human and soil resources of the state;

(2) To protect the lands owned by the state and to provide for their classification and best use in the interests of the future general welfare and agricultural well-being of the state;

(3) To encourage the settlement of the farm families of the state upon family-sized tracts under conditions conducive to successful farming;

(4) To preserve land in public ownership suited for public use as forests, parks, or other purposes;

(5) To cooperate with federal agencies having similar and allied objectives; and

(6) To protect and promote the health, safety, and general welfare of the people of Arkansas.

Acts 1939, No. 331, § 1; A.S.A. 1947, § 10-401.
Ark. Code Ann. § 22-7-229 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-229
Cession of concurrent jurisdiction - Hot Springs
Status: in_force

The State of Arkansas hereby cedes concurrent jurisdiction to the United States over the lands, waters, and buildings previously or hereinafter acquired for the United States Army Reserve Center in the City of Hot Springs, Garland County, Arkansas, and over all future lands, waters, and buildings hereafter acquired, leased, or occupied, whether by purchase, condemnation, or otherwise, by or on behalf of the United States for the United States Army Reserve Center. Acts 2001, No. 1479, § 2.

The State of Arkansas hereby cedes concurrent jurisdiction to the United States over the lands, waters, and buildings previously or hereinafter acquired for the United States Army Reserve Center in the City of Hot Springs, Garland County, Arkansas, and over all future lands, waters, and buildings hereafter acquired, leased, or occupied, whether by purchase, condemnation, or otherwise, by or on behalf of the United States for the United States Army Reserve Center.

Acts 2001, No. 1479, § 2.
Ark. Code Ann. § 22-7-228 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-228
Cession of concurrent jurisdiction - Little Rock
Status: in_force

The State of Arkansas hereby cedes concurrent jurisdiction to the United States over the lands, waters, and buildings previously or hereinafter acquired for the Oscar C. Finkbeiner United States Army Reserve Center in the City of Little Rock, Pulaski County, Arkansas, and over all future lands, waters, and buildings hereafter acquired, leased, or occupied, whether by purchase, condemnation, or otherwise, by or on behalf of the United States for the Oscar C. Finkbeiner United States Army Reserve Center. Acts 2001, No. 1479, § 1.

The State of Arkansas hereby cedes concurrent jurisdiction to the United States over the lands, waters, and buildings previously or hereinafter acquired for the Oscar C. Finkbeiner United States Army Reserve Center in the City of Little Rock, Pulaski County, Arkansas, and over all future lands, waters, and buildings hereafter acquired, leased, or occupied, whether by purchase, condemnation, or otherwise, by or on behalf of the United States for the Oscar C. Finkbeiner United States Army Reserve Center.

Acts 2001, No. 1479, § 1.
Ark. Code Ann. § 22-3-1011 — AR Code / Title 22 / Chapter 3 / Subchapter 10 / Section 22-3-1011
Establishment by Department of Parks, Heritage, and Tourism of bank accounts - Deposits and withdrawals - Preaudit
Status: in_force

(a) The Secretary of the Department of Parks, Heritage, and Tourism on behalf of the War Memorial Stadium Commission may open accounts in the name of the Department of Parks, Heritage, and Tourism in one (1) or more banks and deposit into those bank accounts all moneys received from the sale of the Department of Parks, Heritage, and Tourism's bonds and from admissions, fees, concessions, rents, and other charges collected for the use of War Memorial Stadium or from any other source. (b) From the bank accounts, the Department of Parks, Heritage, and Tourism on behalf of the commission may withdraw funds for payment of the following: (1) Cost of the construction of War Memorial Stadium; (2) Expenses of the commission's members; (3) Salaries of a custodian, groundskeepers, and such other personnel as the Department of Parks, Heritage, and Tourism may employ; (4) Insurance premiums for fire, lightning, and tornado insurance; (5) Such other items of reasonable expense as, in the opinion of the Department of Parks, Heritage, and Tourism with advice from the commission, may be required to maintain and operate War Memorial Stadium; and (6) Amounts paid contesting colleges or schools. (c) (1) All withdrawals of funds in the bank accounts shall be made by use of voucher-checks, the form of which shall be prescribed by the Secretary of the Department of Finance and Administration. (2) All voucher-checks so drawn are subject to preaudit by the Secretary of the Department of Finance and Administration. Amended by Act 2019, No. 910,§ 5689, eff. 7/1/2019. Amended by Act 2017, No. 269,§ 11, eff. 2/22/2017. Acts 1947, No. 249, § 9; A.S.A. 1947, § 80-3409.

(a) The Secretary of the Department of Parks, Heritage, and Tourism on behalf of the War Memorial Stadium Commission may open accounts in the name of the Department of Parks, Heritage, and Tourism in one (1) or more banks and deposit into those bank accounts all moneys received from the sale of the Department of Parks, Heritage, and Tourism's bonds and from admissions, fees, concessions, rents, and other charges collected for the use of War Memorial Stadium or from any other source.

(b) From the bank accounts, the Department of Parks, Heritage, and Tourism on behalf of the commission may withdraw funds for payment of the following: (1) Cost of the construction of War Memorial Stadium; (2) Expenses of the commission's members; (3) Salaries of a custodian, groundskeepers, and such other personnel as the Department of Parks, Heritage, and Tourism may employ; (4) Insurance premiums for fire, lightning, and tornado insurance; (5) Such other items of reasonable expense as, in the opinion of the Department of Parks, Heritage, and Tourism with advice from the commission, may be required to maintain and operate War Memorial Stadium; and (6) Amounts paid contesting colleges or schools.

(1) Cost of the construction of War Memorial Stadium;

(2) Expenses of the commission's members;

(3) Salaries of a custodian, groundskeepers, and such other personnel as the Department of Parks, Heritage, and Tourism may employ;

(4) Insurance premiums for fire, lightning, and tornado insurance;

(5) Such other items of reasonable expense as, in the opinion of the Department of Parks, Heritage, and Tourism with advice from the commission, may be required to maintain and operate War Memorial Stadium; and

(6) Amounts paid contesting colleges or schools.

(c) (1) All withdrawals of funds in the bank accounts shall be made by use of voucher-checks, the form of which shall be prescribed by the Secretary of the Department of Finance and Administration. (2) All voucher-checks so drawn are subject to preaudit by the Secretary of the Department of Finance and Administration.

(1) All withdrawals of funds in the bank accounts shall be made by use of voucher-checks, the form of which shall be prescribed by the Secretary of the Department of Finance and Administration.

(2) All voucher-checks so drawn are subject to preaudit by the Secretary of the Department of Finance and Administration.

Amended by Act 2019, No. 910,§ 5689, eff. 7/1/2019.

Amended by Act 2017, No. 269,§ 11, eff. 2/22/2017.

Acts 1947, No. 249, § 9; A.S.A. 1947, § 80-3409.
Ark. Code Ann. § 22-9-103 — AR Code / Title 22 / Chapter 9 / Subchapter 1 / Section 22-9-103
Authorization for state agency to commit cash funds for construction - Penalty
Status: in_force

(a) (1) It shall be unlawful for any agency, department, or institution supported by state-appropriated funds or cash funds to expend any cash funds of the agency for the construction of a building or to incur any obligation committing or pledging the cash funds of the agency for the construction of a building unless the agency, department, or institution has previously obtained specific authorization by legislative enactment for the construction of the building to be paid, wholly or in part, from cash funds of the agency. (2) If the agency does not have specific legislative authority to construct a building from cash funds, the agency, department, or institution shall first obtain specific legislative authorization for the construction of the building prior to the expending of any cash funds of the agency, or prior to entering into any contract or agreement with respect to constructing any building to be paid from cash funds of the agency. (b) In the interim between legislative sessions, authorization for the construction of buildings and for the expending of cash funds of the agency therefor may be given by the Governor, in writing. (c) Nothing in this section shall apply to public school districts. (d) Any board, commission, or authorized head of any agency, department, or institution which shall expend any cash funds of the agency in violation of the provisions of this section shall be guilty of malfeasance in office and shall be removed therefrom. Acts 1971, No. 104, §§ 1-3; 1977, No. 273, § 1; A.S.A. 1947, §§ 14-649 -- 14-651.

(a) (1) It shall be unlawful for any agency, department, or institution supported by state-appropriated funds or cash funds to expend any cash funds of the agency for the construction of a building or to incur any obligation committing or pledging the cash funds of the agency for the construction of a building unless the agency, department, or institution has previously obtained specific authorization by legislative enactment for the construction of the building to be paid, wholly or in part, from cash funds of the agency. (2) If the agency does not have specific legislative authority to construct a building from cash funds, the agency, department, or institution shall first obtain specific legislative authorization for the construction of the building prior to the expending of any cash funds of the agency, or prior to entering into any contract or agreement with respect to constructing any building to be paid from cash funds of the agency.

(1) It shall be unlawful for any agency, department, or institution supported by state-appropriated funds or cash funds to expend any cash funds of the agency for the construction of a building or to incur any obligation committing or pledging the cash funds of the agency for the construction of a building unless the agency, department, or institution has previously obtained specific authorization by legislative enactment for the construction of the building to be paid, wholly or in part, from cash funds of the agency.

(2) If the agency does not have specific legislative authority to construct a building from cash funds, the agency, department, or institution shall first obtain specific legislative authorization for the construction of the building prior to the expending of any cash funds of the agency, or prior to entering into any contract or agreement with respect to constructing any building to be paid from cash funds of the agency.

(b) In the interim between legislative sessions, authorization for the construction of buildings and for the expending of cash funds of the agency therefor may be given by the Governor, in writing.

(c) Nothing in this section shall apply to public school districts.

(d) Any board, commission, or authorized head of any agency, department, or institution which shall expend any cash funds of the agency in violation of the provisions of this section shall be guilty of malfeasance in office and shall be removed therefrom.

Acts 1971, No. 104, §§ 1-3; 1977, No. 273, § 1; A.S.A. 1947, §§ 14-649 -- 14-651.
Ark. Code Ann. § 22-3-1703 — AR Code / Title 22 / Chapter 3 / Subchapter 17 / Section 22-3-1703
Design and location
Status: in_force

The design of the monument and the location of the monument on the State Capitol grounds shall be approved by the Arkansas Fallen Firefighters' Memorial Board and the Capitol Arts and Grounds Commission. Acts 2001, No. 504, § 3.

The design of the monument and the location of the monument on the State Capitol grounds shall be approved by the Arkansas Fallen Firefighters' Memorial Board and the Capitol Arts and Grounds Commission.

Acts 2001, No. 504, § 3.
Ark. Code Ann. § 22-3-1501 — AR Code / Title 22 / Chapter 3 / Subchapter 15 / Section 22-3-1501
Intent
Status: in_force

The Building Authority Division shall provide adequate facilities for those agencies located in the Capitol Mall area. The services provided by these agencies are varied. Parking spaces for these tenants have not kept up with current growth, thereby diminishing effective services provided by these agencies. The public access to the Capitol Mall area has been diminished by the lack of adequate parking. The construction of a parking deck facility, surface parking, and street improvements will help to alleviate such diminished services and lack of access. Amended by Act 2019, No. 910,§ 6217, eff. 7/1/2019. Acts 1999, No. 1339, § 1.

The Building Authority Division shall provide adequate facilities for those agencies located in the Capitol Mall area. The services provided by these agencies are varied. Parking spaces for these tenants have not kept up with current growth, thereby diminishing effective services provided by these agencies. The public access to the Capitol Mall area has been diminished by the lack of adequate parking. The construction of a parking deck facility, surface parking, and street improvements will help to alleviate such diminished services and lack of access.

Amended by Act 2019, No. 910,§ 6217, eff. 7/1/2019.

Acts 1999, No. 1339, § 1.
Ark. Code Ann. § 22-2-106 — AR Code / Title 22 / Chapter 2 / Section 22-2-106
[Repealed]
Status: repealed

Repealed by Act 2016EX3, No. 3,§ 50, eff. 5/23/2016. Amended by Act 2015EX1, No. 8,§ 24, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 24, eff. 7/1/2015. Acts 1975, No. 716, § 3; A.S.A. 1947, § 5-1020; Acts 1997, No. 250, § 214; 1999, No. 1173, § 1. Repealed by Act 2016EX3, No. 2,§ 50, eff. 5/23/2016.

Repealed by Act 2016EX3, No. 3,§ 50, eff. 5/23/2016.

Amended by Act 2015EX1, No. 8,§ 24, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 24, eff. 7/1/2015.

Acts 1975, No. 716, § 3; A.S.A. 1947, § 5-1020; Acts 1997, No. 250, § 214; 1999, No. 1173, § 1.

Repealed by Act 2016EX3, No. 2,§ 50, eff. 5/23/2016.
Ark. Code Ann. § 22-5-504 — AR Code / Title 22 / Chapter 5 / Subchapter 5 / Section 22-5-504
Tax-forfeited lands - Distribution
Status: in_force

(a) Any lands acquired by the Commissioner of State Lands in any county through tax sale, which are deemed by the Arkansas Forestry Commission to be suitable for forest purposes, may be conveyed to the state as forestlands by the proper officers of the county without reimbursement therefor. (b) Upon the acquisition of any lands in the furtherance of this subchapter, a survey of the tax returns to the county from each tract of land for the previous ten (10) consecutive years shall be made to determine the average annual tax income to the county and the political subdivisions therein from each tract involved. In making this study, taxes rendered upon improvement value shall not be included. (c) (1) The Arkansas Forestry Commission shall cause a record to be opened and kept showing, by counties, all lands in the State of Arkansas administered and managed by the commission as state forests and shall, annually on July 1, cause to be remitted to each county an amount equal to the average annual tax as determined in subsection (b) of this section. This amount is to be distributed as provided in subdivision (c)(2) of this section. (2) The income received by each county shall be distributed as follows: (A) Fifty percent (50%) to the county general fund; and (B) Fifty percent (50%) to the county school fund to be distributed by the county treasurer, within thirty (30) days from the date of receipt thereof, to the respective school districts of the county in the proportion that the area of state forestlands located in each school district bears to the total area of state forestlands within the county. Acts 1947, No. 409, § 4; 1959, No. 174, § 1; 1961, No. 412, § 1; 1981, No. 666, § 1; A.S.A. 1947, § 9-724.

(a) Any lands acquired by the Commissioner of State Lands in any county through tax sale, which are deemed by the Arkansas Forestry Commission to be suitable for forest purposes, may be conveyed to the state as forestlands by the proper officers of the county without reimbursement therefor.

(b) Upon the acquisition of any lands in the furtherance of this subchapter, a survey of the tax returns to the county from each tract of land for the previous ten (10) consecutive years shall be made to determine the average annual tax income to the county and the political subdivisions therein from each tract involved. In making this study, taxes rendered upon improvement value shall not be included.

(c) (1) The Arkansas Forestry Commission shall cause a record to be opened and kept showing, by counties, all lands in the State of Arkansas administered and managed by the commission as state forests and shall, annually on July 1, cause to be remitted to each county an amount equal to the average annual tax as determined in subsection (b) of this section. This amount is to be distributed as provided in subdivision (c)(2) of this section. (2) The income received by each county shall be distributed as follows: (A) Fifty percent (50%) to the county general fund; and (B) Fifty percent (50%) to the county school fund to be distributed by the county treasurer, within thirty (30) days from the date of receipt thereof, to the respective school districts of the county in the proportion that the area of state forestlands located in each school district bears to the total area of state forestlands within the county.

(1) The Arkansas Forestry Commission shall cause a record to be opened and kept showing, by counties, all lands in the State of Arkansas administered and managed by the commission as state forests and shall, annually on July 1, cause to be remitted to each county an amount equal to the average annual tax as determined in subsection (b) of this section. This amount is to be distributed as provided in subdivision (c)(2) of this section.

(2) The income received by each county shall be distributed as follows: (A) Fifty percent (50%) to the county general fund; and (B) Fifty percent (50%) to the county school fund to be distributed by the county treasurer, within thirty (30) days from the date of receipt thereof, to the respective school districts of the county in the proportion that the area of state forestlands located in each school district bears to the total area of state forestlands within the county.

(A) Fifty percent (50%) to the county general fund; and

(B) Fifty percent (50%) to the county school fund to be distributed by the county treasurer, within thirty (30) days from the date of receipt thereof, to the respective school districts of the county in the proportion that the area of state forestlands located in each school district bears to the total area of state forestlands within the county.

Acts 1947, No. 409, § 4; 1959, No. 174, § 1; 1961, No. 412, § 1; 1981, No. 666, § 1; A.S.A. 1947, § 9-724.