Ark. Code Ann. § 18-45-304 — AR Code / Title 18 / Chapter 45 / Subchapter 3 / Section 18-45-304
Selling of property kept by lienholder
Status: in_force

(a) (1) The sale shall not take place until the expiration of ninety (90) days from the time the work is completed. (2) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to address a letter by registered mail to the last known place of address of the owner of the property or the person who ordered the property repaired. (3) In addition, the lienholder shall give notice of the time and place and terms of sale in the same manner as now provided by law for the giving of notice for sale of property under labor liens. (b) (1) The property may then be sold at public auction for cash to the highest and best bidder. The lienholder shall have the right to bid not less than the amount of his or her debt. (2) If the property sells for more than the amount of the debt, the lienholder shall be liable for, and shall pay, any surplus to the person entitled thereto, after deducting the amount of his or her debt and the actual costs of the sale. Acts 1939, No. 61, § 2; A.S.A. 1947, § 51-414.

(a) (1) The sale shall not take place until the expiration of ninety (90) days from the time the work is completed. (2) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to address a letter by registered mail to the last known place of address of the owner of the property or the person who ordered the property repaired. (3) In addition, the lienholder shall give notice of the time and place and terms of sale in the same manner as now provided by law for the giving of notice for sale of property under labor liens.

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

(2) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to address a letter by registered mail to the last known place of address of the owner of the property or the person who ordered the property repaired.

(3) In addition, the lienholder shall give notice of the time and place and terms of sale in the same manner as now provided by law for the giving of notice for sale of property under labor liens.

(b) (1) The property may then be sold at public auction for cash to the highest and best bidder. The lienholder shall have the right to bid not less than the amount of his or her debt. (2) If the property sells for more than the amount of the debt, the lienholder shall be liable for, and shall pay, any surplus to the person entitled thereto, after deducting the amount of his or her debt and the actual costs of the sale.

(1) The property may then be sold at public auction for cash to the highest and best bidder. The lienholder shall have the right to bid not less than the amount of his or her debt.

(2) If the property sells for more than the amount of the debt, the lienholder shall be liable for, and shall pay, any surplus to the person entitled thereto, after deducting the amount of his or her debt and the actual costs of the sale.

Acts 1939, No. 61, § 2; A.S.A. 1947, § 51-414.
Ark. Code Ann. § 18-50-101 — AR Code / Title 18 / Chapter 50 / Section 18-50-101
Definitions
Status: in_force

As used in this chapter: (1) "Beneficiary" means the person named or otherwise designated in a deed of trust as the person for whose benefit a deed of trust is given or his or her successor in interest; (2) "Deed of trust" means a deed conveying real property in trust to secure the performance of an obligation of the grantor named in the deed or an obligor that is secured by the deed of trust to a beneficiary and conferring upon the trustee a power of sale for breach of an obligation of the grantor or obligor contained in the deed of trust; (3) "Grantor" means the person conveying an interest in real property by a mortgage or deed of trust as security for the performance of an obligation secured by the mortgage or deed of trust; (4) "Mortgage" means the grant of an interest in real property to be held as security for the performance of an obligation by the mortgagor or other person; (5) "Mortgage company" means any private, state, or federal entity that in the usual course of its business is either the mortgagee or beneficiary of a deed of trust or mortgage; (6) "Mortgage loan servicer" means an entity that holds itself out as being able to service loans secured by liens or mortgages encumbering real property; (7) "Mortgagee" means the person holding an interest in real property as security for the performance of an obligation secured by a mortgage or his or her attorney-in-fact appointed pursuant to this chapter; (8) "Mortgagor" means the person granting an interest in real property as security for the performance of an obligation secured by a mortgage; (9) "Obligor" means a person owing an obligation that is secured by a mortgage or deed of trust; (10) "Sale" means the public auction conducted pursuant to § 18-50-107 ; (11) "Trust property" means the property encumbered by a mortgage or deed of trust; and (12) "Trustee" means any person or legal entity to whom legal title to real property is conveyed by deed of trust or his or her successor in interest. Acts 1987, No. 53, § 1; 1989, No. 532, § 1; 1999, No. 983, § 1; 2011, No. 885, § 1; 2011, No. 901, § 1.

As used in this chapter:

(1) "Beneficiary" means the person named or otherwise designated in a deed of trust as the person for whose benefit a deed of trust is given or his or her successor in interest;

(2) "Deed of trust" means a deed conveying real property in trust to secure the performance of an obligation of the grantor named in the deed or an obligor that is secured by the deed of trust to a beneficiary and conferring upon the trustee a power of sale for breach of an obligation of the grantor or obligor contained in the deed of trust;

(3) "Grantor" means the person conveying an interest in real property by a mortgage or deed of trust as security for the performance of an obligation secured by the mortgage or deed of trust;

(4) "Mortgage" means the grant of an interest in real property to be held as security for the performance of an obligation by the mortgagor or other person;

(5) "Mortgage company" means any private, state, or federal entity that in the usual course of its business is either the mortgagee or beneficiary of a deed of trust or mortgage;

(6) "Mortgage loan servicer" means an entity that holds itself out as being able to service loans secured by liens or mortgages encumbering real property;

(7) "Mortgagee" means the person holding an interest in real property as security for the performance of an obligation secured by a mortgage or his or her attorney-in-fact appointed pursuant to this chapter;

(8) "Mortgagor" means the person granting an interest in real property as security for the performance of an obligation secured by a mortgage;

(9) "Obligor" means a person owing an obligation that is secured by a mortgage or deed of trust;

(10) "Sale" means the public auction conducted pursuant to § 18-50-107 ;

(11) "Trust property" means the property encumbered by a mortgage or deed of trust; and

(12) "Trustee" means any person or legal entity to whom legal title to real property is conveyed by deed of trust or his or her successor in interest.

Acts 1987, No. 53, § 1; 1989, No. 532, § 1; 1999, No. 983, § 1; 2011, No. 885, § 1; 2011, No. 901, § 1.
Ark. Code Ann. § 18-16-504 — AR Code / Title 18 / Chapter 16 / Subchapter 5 / Section 18-16-504
Form of complaint
Status: in_force

A complaint filed under this subchapter shall state the name of the tenant or tenants to be evicted, the location of the leased premises, and the basis for which eviction is authorized under this subchapter. Acts 2009, No. 464, § 1.

A complaint filed under this subchapter shall state the name of the tenant or tenants to be evicted, the location of the leased premises, and the basis for which eviction is authorized under this subchapter.

Acts 2009, No. 464, § 1.
Ark. Code Ann. § 18-14-411 — AR Code / Title 18 / Chapter 14 / Subchapter 4 / Section 18-14-411
Financial records - Examination
Status: in_force

(a) The person or entity responsible for making or collecting common expense assessments or maintenance assessments shall keep detailed financial records. (b) All financial and other records shall be made reasonably available for examination by any time-share interest owner and his or her authorized agents. (c) (1) An escrow agent that receives funds related to time-share interest transfer services provided to a consumer time-share reseller shall retain all resale transfer agreements, escrow account records, and affidavits received under this chapter for a period of four (4) years. (2) An escrow agent that intentionally fails to comply with the provisions of this chapter concerning the establishment of an escrow account, deposits of funds into escrow, withdrawal therefrom, and maintenance of records is guilty of a Class D felony. Amended by Act 2021, No. 733,§ 3, eff. 7/28/2021. Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013. Acts 1983, No. 294, Art. 3, § 3-110; A.S.A. 1947, § 50-1324.

(a) The person or entity responsible for making or collecting common expense assessments or maintenance assessments shall keep detailed financial records.

(b) All financial and other records shall be made reasonably available for examination by any time-share interest owner and his or her authorized agents.

(c) (1) An escrow agent that receives funds related to time-share interest transfer services provided to a consumer time-share reseller shall retain all resale transfer agreements, escrow account records, and affidavits received under this chapter for a period of four (4) years. (2) An escrow agent that intentionally fails to comply with the provisions of this chapter concerning the establishment of an escrow account, deposits of funds into escrow, withdrawal therefrom, and maintenance of records is guilty of a Class D felony.

(1) An escrow agent that receives funds related to time-share interest transfer services provided to a consumer time-share reseller shall retain all resale transfer agreements, escrow account records, and affidavits received under this chapter for a period of four (4) years.

(2) An escrow agent that intentionally fails to comply with the provisions of this chapter concerning the establishment of an escrow account, deposits of funds into escrow, withdrawal therefrom, and maintenance of records is guilty of a Class D felony.

Amended by Act 2021, No. 733,§ 3, eff. 7/28/2021.

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

Acts 1983, No. 294, Art. 3, § 3-110; A.S.A. 1947, § 50-1324.
Ark. Code Ann. § 18-48-102 — AR Code / Title 18 / Chapter 48 / Subchapter 1 / Section 18-48-102
Sale of property on behalf of livery stable keeper
Status: in_force

(a) (1) Whenever any person shall leave or deposit with any keeper of a livery, sale, or feed stable or wagonyard any horses, mules, or other stock or property and shall neglect or refuse to call for them and pay the reasonable charges and costs thereon to the keeper of the stable or yard before the charges and costs shall amount to the value of the property at public sale, the stable or wagonyard keeper may have the property sold at public sale. (2) (A) The keeper must first give the owner thirty (30) days' actual or constructive notice of the sale, specifying the day, the hour thereof, and place of the sale. (B) Notice shall be published in any newspaper published in the county in which the stable or yard may be situated in which legal notices are authorized to be published. (b) Out of the proceeds of the sale there shall be paid: (1) The costs and expenses of the sale; (2) The amount due the stable or yard keeper for keeping and feeding the stock; and (3) The balance, if any, to be held by the keeper for the use and subject to the order of the owner of the property so sold. (c) All sales of property under this subchapter shall be made by a public and licensed auctioneer if there is one in the town or city where the sale is made and, if none, then by a constable of the township in which the stable or yard is situated. Acts 1873, No. 134, § 2, p. 428; C. & M. Dig., §§ 6904, 6905; Pope's Dig., §§ 8863, 8864; A.S.A. 1947, § 51-904.

(a) (1) Whenever any person shall leave or deposit with any keeper of a livery, sale, or feed stable or wagonyard any horses, mules, or other stock or property and shall neglect or refuse to call for them and pay the reasonable charges and costs thereon to the keeper of the stable or yard before the charges and costs shall amount to the value of the property at public sale, the stable or wagonyard keeper may have the property sold at public sale. (2) (A) The keeper must first give the owner thirty (30) days' actual or constructive notice of the sale, specifying the day, the hour thereof, and place of the sale. (B) Notice shall be published in any newspaper published in the county in which the stable or yard may be situated in which legal notices are authorized to be published.

(1) Whenever any person shall leave or deposit with any keeper of a livery, sale, or feed stable or wagonyard any horses, mules, or other stock or property and shall neglect or refuse to call for them and pay the reasonable charges and costs thereon to the keeper of the stable or yard before the charges and costs shall amount to the value of the property at public sale, the stable or wagonyard keeper may have the property sold at public sale.

(2) (A) The keeper must first give the owner thirty (30) days' actual or constructive notice of the sale, specifying the day, the hour thereof, and place of the sale. (B) Notice shall be published in any newspaper published in the county in which the stable or yard may be situated in which legal notices are authorized to be published.

(A) The keeper must first give the owner thirty (30) days' actual or constructive notice of the sale, specifying the day, the hour thereof, and place of the sale.

(B) Notice shall be published in any newspaper published in the county in which the stable or yard may be situated in which legal notices are authorized to be published.

(b) Out of the proceeds of the sale there shall be paid: (1) The costs and expenses of the sale; (2) The amount due the stable or yard keeper for keeping and feeding the stock; and (3) The balance, if any, to be held by the keeper for the use and subject to the order of the owner of the property so sold.

(1) The costs and expenses of the sale;

(2) The amount due the stable or yard keeper for keeping and feeding the stock; and

(3) The balance, if any, to be held by the keeper for the use and subject to the order of the owner of the property so sold.

(c) All sales of property under this subchapter shall be made by a public and licensed auctioneer if there is one in the town or city where the sale is made and, if none, then by a constable of the township in which the stable or yard is situated.

Acts 1873, No. 134, § 2, p. 428; C. & M. Dig., §§ 6904, 6905; Pope's Dig., §§ 8863, 8864; A.S.A. 1947, § 51-904.
Ark. Code Ann. § 18-44-201 — AR Code / Title 18 / Chapter 44 / Subchapter 2 / Section 18-44-201
Construction
Status: in_force

The provisions of this section and §§ 18-44-202 - 18-44-210 shall not be construed to deprive or abridge materialmen, artisans, laborers, or mechanics of any rights and remedies given them by law, and the provisions of this section and §§ 18-44-202 - 18-44-210 shall be cumulative of the lien laws of this state. Acts 1923, No. 615, § 6; Pope's Dig., § 8910; A.S.A. 1947, § 51-706.

The provisions of this section and §§ 18-44-202 - 18-44-210 shall not be construed to deprive or abridge materialmen, artisans, laborers, or mechanics of any rights and remedies given them by law, and the provisions of this section and §§ 18-44-202 - 18-44-210 shall be cumulative of the lien laws of this state.

Acts 1923, No. 615, § 6; Pope's Dig., § 8910; A.S.A. 1947, § 51-706.
Ark. Code Ann. § 18-15-1703 — AR Code / Title 18 / Chapter 15 / Subchapter 17 / Section 18-15-1703
Taking - Application
Status: in_force

(a) (1) An owner of real property asserting a taking under this subchapter shall bring a cause of action in circuit court claiming that the implementation of a regulatory program by a governmental unit has permanently reduced by at least twenty percent (20%) the fair market value of the real property. (2) The reduction in the fair market value of the real property shall be determined by comparing the fair market value of the real property as if the regulatory program is not in effect and the fair market value of the real property determined as if the regulatory program is in effect. (3) To assert that a taking has occurred, the regulatory program must have been implemented at the time the owner acquired title or after April 2, 2015, whichever is later. (4) Upon a preponderance of the evidence, the real property shall be deemed to have been taken for the use of the public. (b) A jury shall determine the amount of the difference in fair market value. (c) (1) Upon a finding that real property has been taken for the use of the public, the governmental unit may either: (A) Pay compensation for the reduction in fair market value caused by the regulatory program; or (B) Invalidate all or part of the regulatory program. (2) Compensation is required under this section only when the fair market value of the real property is reduced by at least twenty percent (20%). (3) If a governmental unit elects to pay compensation to the private real property owner under subdivision (c)(1)(A) of this section: (A) The court that rendered the judgment in the lawsuit or the state agency that issued the final order or decision in the case shall withdraw the part of the judgment or final decision or order rescinding the regulatory program; (B) The governmental unit shall pay to the owner the damages determined in the judgment or final order by the thirtieth day after the date the judgment is rendered or the final decision or order is issued; and (C) When more than one (1) governmental unit is involved, the court shall determine the proportion each governmental unit shall be required to contribute to the compensation. (d) When a regulatory program resulting from a zoning ordinance operates to change a permitted use and the fair market value of the affected real property is the same or greater than the fair market value was before the effective date of the implementation of the regulatory program, compensation shall not be paid under this subchapter. (e) This subchapter does not apply to: (1) An owner of real property if the real property is not the direct subject of the regulatory program; (2) Laws or rules within the jurisdiction of the State Health Officer or regulatory activities of the Arkansas Pollution Control and Ecology Commission, the Division of Environmental Quality, the Arkansas Livestock and Poultry Commission, the Arkansas Public Service Commission, or the State Plant Board under delegated or authorized programs or approved plans under federal law; (3) An eminent domain proceeding to which the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as in effect on January 1, 2015, applies; (4) An eminent domain proceeding undertaken by a governmental unit under applicable law; (5) A lawful forfeiture or seizure of contraband under Arkansas Code, Title 5; (6) A lawful seizure of property as evidence of a crime or violation of law; (7) An action, including an action of a governmental unit, that is reasonably taken to fulfill an obligation mandated by federal law or an action of a governmental unit that is reasonably taken to fulfill an obligation mandated by state law; (8) The discontinuance or modification of a program, rule, or regulation that provides a unilateral expectation that does not rise to the level of a recognized interest in private real property; (9) An action taken to prohibit or restrict a condition or use of private real property if the governmental entity reasonably determines that the condition or use constitutes a public or private nuisance as determined by background principles of nuisance and property law of this state; (10) An action taken out of a reasonable good faith belief that the action is necessary to prevent an immediate threat to life or property; (11) A rule, regulation, or proclamation adopted for the purpose of regulating water safety, hunting, fishing, or control of nonindigenous or exotic aquatic resources; (12) An action taken by a governmental unit: (A) To regulate construction in an area designated under law as a floodplain; (B) To regulate on-site sewage facilities; (C) To prevent waste of or protect rights of owners of interest in groundwater; (D) To prevent subsidence; or (E) Under its police power to make laws, rules, and regulations for the benefit of its communities; (13) The appraisal of property for purposes of ad valorem taxation; (14) An action that is taken in response to a threat to public health and safety that is designed to advance the health and safety purpose; or (15) An action by a municipality unless the regulatory program has effect in the territorial jurisdiction of the municipality, excluding annexation, and that enacts or enforces a regulatory program that does not impose identical requirements or restrictions in the entire territorial jurisdiction of the municipality. Amended by Act 2019, No. 315,§ 1687, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1686, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3186, eff. 7/1/2019. Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.

(a) (1) An owner of real property asserting a taking under this subchapter shall bring a cause of action in circuit court claiming that the implementation of a regulatory program by a governmental unit has permanently reduced by at least twenty percent (20%) the fair market value of the real property. (2) The reduction in the fair market value of the real property shall be determined by comparing the fair market value of the real property as if the regulatory program is not in effect and the fair market value of the real property determined as if the regulatory program is in effect. (3) To assert that a taking has occurred, the regulatory program must have been implemented at the time the owner acquired title or after April 2, 2015, whichever is later. (4) Upon a preponderance of the evidence, the real property shall be deemed to have been taken for the use of the public.

(1) An owner of real property asserting a taking under this subchapter shall bring a cause of action in circuit court claiming that the implementation of a regulatory program by a governmental unit has permanently reduced by at least twenty percent (20%) the fair market value of the real property.

(2) The reduction in the fair market value of the real property shall be determined by comparing the fair market value of the real property as if the regulatory program is not in effect and the fair market value of the real property determined as if the regulatory program is in effect.

(3) To assert that a taking has occurred, the regulatory program must have been implemented at the time the owner acquired title or after April 2, 2015, whichever is later.

(4) Upon a preponderance of the evidence, the real property shall be deemed to have been taken for the use of the public.

(b) A jury shall determine the amount of the difference in fair market value.

(c) (1) Upon a finding that real property has been taken for the use of the public, the governmental unit may either: (A) Pay compensation for the reduction in fair market value caused by the regulatory program; or (B) Invalidate all or part of the regulatory program. (2) Compensation is required under this section only when the fair market value of the real property is reduced by at least twenty percent (20%). (3) If a governmental unit elects to pay compensation to the private real property owner under subdivision (c)(1)(A) of this section: (A) The court that rendered the judgment in the lawsuit or the state agency that issued the final order or decision in the case shall withdraw the part of the judgment or final decision or order rescinding the regulatory program; (B) The governmental unit shall pay to the owner the damages determined in the judgment or final order by the thirtieth day after the date the judgment is rendered or the final decision or order is issued; and (C) When more than one (1) governmental unit is involved, the court shall determine the proportion each governmental unit shall be required to contribute to the compensation.

(1) Upon a finding that real property has been taken for the use of the public, the governmental unit may either: (A) Pay compensation for the reduction in fair market value caused by the regulatory program; or (B) Invalidate all or part of the regulatory program.

(A) Pay compensation for the reduction in fair market value caused by the regulatory program; or

(B) Invalidate all or part of the regulatory program.

(2) Compensation is required under this section only when the fair market value of the real property is reduced by at least twenty percent (20%).

(3) If a governmental unit elects to pay compensation to the private real property owner under subdivision (c)(1)(A) of this section: (A) The court that rendered the judgment in the lawsuit or the state agency that issued the final order or decision in the case shall withdraw the part of the judgment or final decision or order rescinding the regulatory program; (B) The governmental unit shall pay to the owner the damages determined in the judgment or final order by the thirtieth day after the date the judgment is rendered or the final decision or order is issued; and (C) When more than one (1) governmental unit is involved, the court shall determine the proportion each governmental unit shall be required to contribute to the compensation.

(A) The court that rendered the judgment in the lawsuit or the state agency that issued the final order or decision in the case shall withdraw the part of the judgment or final decision or order rescinding the regulatory program;

(B) The governmental unit shall pay to the owner the damages determined in the judgment or final order by the thirtieth day after the date the judgment is rendered or the final decision or order is issued; and

(C) When more than one (1) governmental unit is involved, the court shall determine the proportion each governmental unit shall be required to contribute to the compensation.

(d) When a regulatory program resulting from a zoning ordinance operates to change a permitted use and the fair market value of the affected real property is the same or greater than the fair market value was before the effective date of the implementation of the regulatory program, compensation shall not be paid under this subchapter.

(e) This subchapter does not apply to: (1) An owner of real property if the real property is not the direct subject of the regulatory program; (2) Laws or rules within the jurisdiction of the State Health Officer or regulatory activities of the Arkansas Pollution Control and Ecology Commission, the Division of Environmental Quality, the Arkansas Livestock and Poultry Commission, the Arkansas Public Service Commission, or the State Plant Board under delegated or authorized programs or approved plans under federal law; (3) An eminent domain proceeding to which the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as in effect on January 1, 2015, applies; (4) An eminent domain proceeding undertaken by a governmental unit under applicable law; (5) A lawful forfeiture or seizure of contraband under Arkansas Code, Title 5; (6) A lawful seizure of property as evidence of a crime or violation of law; (7) An action, including an action of a governmental unit, that is reasonably taken to fulfill an obligation mandated by federal law or an action of a governmental unit that is reasonably taken to fulfill an obligation mandated by state law; (8) The discontinuance or modification of a program, rule, or regulation that provides a unilateral expectation that does not rise to the level of a recognized interest in private real property; (9) An action taken to prohibit or restrict a condition or use of private real property if the governmental entity reasonably determines that the condition or use constitutes a public or private nuisance as determined by background principles of nuisance and property law of this state; (10) An action taken out of a reasonable good faith belief that the action is necessary to prevent an immediate threat to life or property; (11) A rule, regulation, or proclamation adopted for the purpose of regulating water safety, hunting, fishing, or control of nonindigenous or exotic aquatic resources; (12) An action taken by a governmental unit: (A) To regulate construction in an area designated under law as a floodplain; (B) To regulate on-site sewage facilities; (C) To prevent waste of or protect rights of owners of interest in groundwater; (D) To prevent subsidence; or (E) Under its police power to make laws, rules, and regulations for the benefit of its communities; (13) The appraisal of property for purposes of ad valorem taxation; (14) An action that is taken in response to a threat to public health and safety that is designed to advance the health and safety purpose; or (15) An action by a municipality unless the regulatory program has effect in the territorial jurisdiction of the municipality, excluding annexation, and that enacts or enforces a regulatory program that does not impose identical requirements or restrictions in the entire territorial jurisdiction of the municipality.

(1) An owner of real property if the real property is not the direct subject of the regulatory program;

(2) Laws or rules within the jurisdiction of the State Health Officer or regulatory activities of the Arkansas Pollution Control and Ecology Commission, the Division of Environmental Quality, the Arkansas Livestock and Poultry Commission, the Arkansas Public Service Commission, or the State Plant Board under delegated or authorized programs or approved plans under federal law;

(3) An eminent domain proceeding to which the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as in effect on January 1, 2015, applies;

(4) An eminent domain proceeding undertaken by a governmental unit under applicable law;

(5) A lawful forfeiture or seizure of contraband under Arkansas Code, Title 5;

(6) A lawful seizure of property as evidence of a crime or violation of law;

(7) An action, including an action of a governmental unit, that is reasonably taken to fulfill an obligation mandated by federal law or an action of a governmental unit that is reasonably taken to fulfill an obligation mandated by state law;

(8) The discontinuance or modification of a program, rule, or regulation that provides a unilateral expectation that does not rise to the level of a recognized interest in private real property;

(9) An action taken to prohibit or restrict a condition or use of private real property if the governmental entity reasonably determines that the condition or use constitutes a public or private nuisance as determined by background principles of nuisance and property law of this state;

(10) An action taken out of a reasonable good faith belief that the action is necessary to prevent an immediate threat to life or property;

(11) A rule, regulation, or proclamation adopted for the purpose of regulating water safety, hunting, fishing, or control of nonindigenous or exotic aquatic resources;

(12) An action taken by a governmental unit: (A) To regulate construction in an area designated under law as a floodplain; (B) To regulate on-site sewage facilities; (C) To prevent waste of or protect rights of owners of interest in groundwater; (D) To prevent subsidence; or (E) Under its police power to make laws, rules, and regulations for the benefit of its communities;

(A) To regulate construction in an area designated under law as a floodplain;

(B) To regulate on-site sewage facilities;

(C) To prevent waste of or protect rights of owners of interest in groundwater;

(D) To prevent subsidence; or

(E) Under its police power to make laws, rules, and regulations for the benefit of its communities;

(13) The appraisal of property for purposes of ad valorem taxation;

(14) An action that is taken in response to a threat to public health and safety that is designed to advance the health and safety purpose; or

(15) An action by a municipality unless the regulatory program has effect in the territorial jurisdiction of the municipality, excluding annexation, and that enacts or enforces a regulatory program that does not impose identical requirements or restrictions in the entire territorial jurisdiction of the municipality.

Amended by Act 2019, No. 315,§ 1687, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1686, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3186, eff. 7/1/2019.

Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.
Ark. Code Ann. § 18-60-103 — AR Code / Title 18 / Chapter 60 / Subchapter 1 / Section 18-60-103
Liability for damages by fire - Exception
Status: in_force

(a) If any person shall set on fire any grass or other combustible material within his or her enclosures so as to damage any other person, that person shall make satisfaction in single damages to the party injured, to be recovered by civil action in any court having jurisdiction of the amount sued for. (b) If any person shall, before setting out fire, notify those persons whose farms are joining the place which he or she proposes to burn that he or she is going to fire such grass or other combustible matter and shall use all due caution to prevent such fire from getting out to the injury of any other person, he or she shall not be liable to pay damages as provided in this section. Acts 1875, No. 48, § 5, p. 128; C. & M. Dig., § 10323; Pope's Dig., § 1298; A.S.A. 1947, § 50-104.

(a) If any person shall set on fire any grass or other combustible material within his or her enclosures so as to damage any other person, that person shall make satisfaction in single damages to the party injured, to be recovered by civil action in any court having jurisdiction of the amount sued for.

(b) If any person shall, before setting out fire, notify those persons whose farms are joining the place which he or she proposes to burn that he or she is going to fire such grass or other combustible matter and shall use all due caution to prevent such fire from getting out to the injury of any other person, he or she shall not be liable to pay damages as provided in this section.

Acts 1875, No. 48, § 5, p. 128; C. & M. Dig., § 10323; Pope's Dig., § 1298; A.S.A. 1947, § 50-104.
Ark. Code Ann. § 18-15-1201 — AR Code / Title 18 / Chapter 15 / Subchapter 12 / Section 18-15-1201
Definition
Status: in_force

The words "right-of-way", as used in this subchapter, shall mean all grounds necessary for side tracks, turnouts, depots, workshops, water stations, and other necessary buildings. Acts 1873, No. 123, § 8, p. 290; C. & M. Dig., § 4003; Pope's Dig., § 5005; A.S.A. 1947, § 35-207.

The words "right-of-way", as used in this subchapter, shall mean all grounds necessary for side tracks, turnouts, depots, workshops, water stations, and other necessary buildings.

Acts 1873, No. 123, § 8, p. 290; C. & M. Dig., § 4003; Pope's Dig., § 5005; A.S.A. 1947, § 35-207.
Ark. Code Ann. § 18-46-105 — AR Code / Title 18 / Chapter 46 / Section 18-46-105
Notice required - Contents - Service - Amendments and supplements
Status: in_force

In order to establish a lien under this chapter, a practitioner, nurse, hospital, or ambulance service provider shall comply with the following conditions: (1) Notice Required. (A) The practitioner, nurse, hospital, or ambulance service provider shall serve on the patient a written notice of his or her claim of lien and shall serve a copy of that notice on the tortfeasor or on the insurer, if there is any, or, at the discretion of the practitioner, nurse, hospital, or ambulance service provider, or both. He or she shall file a copy of the notice so served in the office of the clerk of the circuit court in the county in which his or her professional, nursing, hospital, or ambulance service has been, or is being, rendered. The notice shall be authenticated by an affidavit to show that the notice and copies of it have been served as required by this chapter. This notice may be served and recorded at any time while service is being rendered and at any time after the discontinuance of service so long as the claim of the practitioner, nurse, hospital, or ambulance service provider for compensation for service is not barred by the statute of limitations. (B) If, to the knowledge of the practitioner, nurse, hospital, or ambulance service provider, the patient against whose claim or right of action it is desired to establish a lien has instituted an action in any court in Arkansas to enforce his or her claim against the tortfeasor responsible for his or her injury, or against any insurer by which he or she was insured against loss through injury due to accident or accidental means, then the practitioner, nurse, hospital, or ambulance service provider may, in his or her or its discretion, in lieu of, or in addition to serving notice of his or her claim and recording the notice, as authorized by subdivision (1)(A) of this section, file a notice of his or her claim, duly authenticated under oath, in the court in which the action is pending. The filing of the notice of the claim shall be notice thereof to all parties to the action, without the serving of further notice of the recording of the copy of any notice in the office of the clerk of the circuit court. (2) Contents of Notice. (A) The notice required by this section shall show, so far as is known to the practitioner, nurse, hospital, or ambulance service provider on whose behalf it is filed or served: (i) The name and address of the tortfeasor and, if a lien is claimed against an insurer, then the name and address of that insurer; (ii) The name of the patient, his or her usual address, and his or her whereabouts when the notice is served, if elsewhere than at his or her usual address; (iii) The name and address of the person claiming the lien, and whether he or she claims as a practitioner, nurse, hospital, or ambulance service provider; (iv) The time when, place where, and circumstances under which the alleged fault or neglect of the tortfeasor occurred and the nature of the injury; and (v) If the service of the practitioner, nurse, hospital, or ambulance service provider has been completed, the amount for which his or her lien is claimed. (B) The notice shall be supported by an affidavit by the practitioner, nurse, hospital, or ambulance service provider showing that the facts stated of affiant's own knowledge are true, and that the facts stated on information and belief he or she believes to be true. (C) If the professional, nursing, hospital, or ambulance service on which the claim of lien is based has not been completed when notice of the claim of lien is served and the amount for which a lien is claimed is not stated in the notice, then the practitioner, nurse, hospital, or ambulance service provider on whose behalf the notice has been served shall serve, within sixty (60) days after the termination of service, a supplementary notice on each person previously notified and file a notice in the court in which the previous notice was filed, showing the amount claimed under the lien. (3) Method of Service of Notice. Any notice required by this chapter to be served shall be deemed to have been served: (A) If delivered to the person on whom it is to be served or left at his or her usual place of business or residence with some person of mature years employed or dwelling there; or (B) If delivered by registered mail at the last known address of the person to be notified, either within or without the State of Arkansas, as shown by the receipt returned by the United States Postal Service and by an affidavit by an affiant having personal knowledge of the facts, showing that the notice required by this section to be served was enclosed in the letter for which the receipt was returned, when that letter was deposited in the mail. (4) Amendatory and Supplementary Notices. The fact that a practitioner, nurse, hospital, or ambulance service provider has filed a notice of the lien as authorized by this chapter shall not prevent his or her filing amendatory or supplementary notices of liens subsequently, but every amendatory and supplementary notice shall be served and filed in the same manner as the original notice. Acts 1933, No. 130, § 3; Pope's Dig., §§ 7991, 10820; A.S.A. 1947, § 51-803; Acts 1993, No. 271, § 4.

In order to establish a lien under this chapter, a practitioner, nurse, hospital, or ambulance service provider shall comply with the following conditions:

(1) Notice Required. (A) The practitioner, nurse, hospital, or ambulance service provider shall serve on the patient a written notice of his or her claim of lien and shall serve a copy of that notice on the tortfeasor or on the insurer, if there is any, or, at the discretion of the practitioner, nurse, hospital, or ambulance service provider, or both. He or she shall file a copy of the notice so served in the office of the clerk of the circuit court in the county in which his or her professional, nursing, hospital, or ambulance service has been, or is being, rendered. The notice shall be authenticated by an affidavit to show that the notice and copies of it have been served as required by this chapter. This notice may be served and recorded at any time while service is being rendered and at any time after the discontinuance of service so long as the claim of the practitioner, nurse, hospital, or ambulance service provider for compensation for service is not barred by the statute of limitations. (B) If, to the knowledge of the practitioner, nurse, hospital, or ambulance service provider, the patient against whose claim or right of action it is desired to establish a lien has instituted an action in any court in Arkansas to enforce his or her claim against the tortfeasor responsible for his or her injury, or against any insurer by which he or she was insured against loss through injury due to accident or accidental means, then the practitioner, nurse, hospital, or ambulance service provider may, in his or her or its discretion, in lieu of, or in addition to serving notice of his or her claim and recording the notice, as authorized by subdivision (1)(A) of this section, file a notice of his or her claim, duly authenticated under oath, in the court in which the action is pending. The filing of the notice of the claim shall be notice thereof to all parties to the action, without the serving of further notice of the recording of the copy of any notice in the office of the clerk of the circuit court.

(A) The practitioner, nurse, hospital, or ambulance service provider shall serve on the patient a written notice of his or her claim of lien and shall serve a copy of that notice on the tortfeasor or on the insurer, if there is any, or, at the discretion of the practitioner, nurse, hospital, or ambulance service provider, or both. He or she shall file a copy of the notice so served in the office of the clerk of the circuit court in the county in which his or her professional, nursing, hospital, or ambulance service has been, or is being, rendered. The notice shall be authenticated by an affidavit to show that the notice and copies of it have been served as required by this chapter. This notice may be served and recorded at any time while service is being rendered and at any time after the discontinuance of service so long as the claim of the practitioner, nurse, hospital, or ambulance service provider for compensation for service is not barred by the statute of limitations.

(B) If, to the knowledge of the practitioner, nurse, hospital, or ambulance service provider, the patient against whose claim or right of action it is desired to establish a lien has instituted an action in any court in Arkansas to enforce his or her claim against the tortfeasor responsible for his or her injury, or against any insurer by which he or she was insured against loss through injury due to accident or accidental means, then the practitioner, nurse, hospital, or ambulance service provider may, in his or her or its discretion, in lieu of, or in addition to serving notice of his or her claim and recording the notice, as authorized by subdivision (1)(A) of this section, file a notice of his or her claim, duly authenticated under oath, in the court in which the action is pending. The filing of the notice of the claim shall be notice thereof to all parties to the action, without the serving of further notice of the recording of the copy of any notice in the office of the clerk of the circuit court.

(2) Contents of Notice. (A) The notice required by this section shall show, so far as is known to the practitioner, nurse, hospital, or ambulance service provider on whose behalf it is filed or served: (i) The name and address of the tortfeasor and, if a lien is claimed against an insurer, then the name and address of that insurer; (ii) The name of the patient, his or her usual address, and his or her whereabouts when the notice is served, if elsewhere than at his or her usual address; (iii) The name and address of the person claiming the lien, and whether he or she claims as a practitioner, nurse, hospital, or ambulance service provider; (iv) The time when, place where, and circumstances under which the alleged fault or neglect of the tortfeasor occurred and the nature of the injury; and (v) If the service of the practitioner, nurse, hospital, or ambulance service provider has been completed, the amount for which his or her lien is claimed. (B) The notice shall be supported by an affidavit by the practitioner, nurse, hospital, or ambulance service provider showing that the facts stated of affiant's own knowledge are true, and that the facts stated on information and belief he or she believes to be true. (C) If the professional, nursing, hospital, or ambulance service on which the claim of lien is based has not been completed when notice of the claim of lien is served and the amount for which a lien is claimed is not stated in the notice, then the practitioner, nurse, hospital, or ambulance service provider on whose behalf the notice has been served shall serve, within sixty (60) days after the termination of service, a supplementary notice on each person previously notified and file a notice in the court in which the previous notice was filed, showing the amount claimed under the lien.

(A) The notice required by this section shall show, so far as is known to the practitioner, nurse, hospital, or ambulance service provider on whose behalf it is filed or served: (i) The name and address of the tortfeasor and, if a lien is claimed against an insurer, then the name and address of that insurer; (ii) The name of the patient, his or her usual address, and his or her whereabouts when the notice is served, if elsewhere than at his or her usual address; (iii) The name and address of the person claiming the lien, and whether he or she claims as a practitioner, nurse, hospital, or ambulance service provider; (iv) The time when, place where, and circumstances under which the alleged fault or neglect of the tortfeasor occurred and the nature of the injury; and (v) If the service of the practitioner, nurse, hospital, or ambulance service provider has been completed, the amount for which his or her lien is claimed.

(i) The name and address of the tortfeasor and, if a lien is claimed against an insurer, then the name and address of that insurer;

(ii) The name of the patient, his or her usual address, and his or her whereabouts when the notice is served, if elsewhere than at his or her usual address;

(iii) The name and address of the person claiming the lien, and whether he or she claims as a practitioner, nurse, hospital, or ambulance service provider;

(iv) The time when, place where, and circumstances under which the alleged fault or neglect of the tortfeasor occurred and the nature of the injury; and

(v) If the service of the practitioner, nurse, hospital, or ambulance service provider has been completed, the amount for which his or her lien is claimed.

(B) The notice shall be supported by an affidavit by the practitioner, nurse, hospital, or ambulance service provider showing that the facts stated of affiant's own knowledge are true, and that the facts stated on information and belief he or she believes to be true.

(C) If the professional, nursing, hospital, or ambulance service on which the claim of lien is based has not been completed when notice of the claim of lien is served and the amount for which a lien is claimed is not stated in the notice, then the practitioner, nurse, hospital, or ambulance service provider on whose behalf the notice has been served shall serve, within sixty (60) days after the termination of service, a supplementary notice on each person previously notified and file a notice in the court in which the previous notice was filed, showing the amount claimed under the lien.

(3) Method of Service of Notice. Any notice required by this chapter to be served shall be deemed to have been served: (A) If delivered to the person on whom it is to be served or left at his or her usual place of business or residence with some person of mature years employed or dwelling there; or (B) If delivered by registered mail at the last known address of the person to be notified, either within or without the State of Arkansas, as shown by the receipt returned by the United States Postal Service and by an affidavit by an affiant having personal knowledge of the facts, showing that the notice required by this section to be served was enclosed in the letter for which the receipt was returned, when that letter was deposited in the mail.

(A) If delivered to the person on whom it is to be served or left at his or her usual place of business or residence with some person of mature years employed or dwelling there; or

(B) If delivered by registered mail at the last known address of the person to be notified, either within or without the State of Arkansas, as shown by the receipt returned by the United States Postal Service and by an affidavit by an affiant having personal knowledge of the facts, showing that the notice required by this section to be served was enclosed in the letter for which the receipt was returned, when that letter was deposited in the mail.

(4) Amendatory and Supplementary Notices. The fact that a practitioner, nurse, hospital, or ambulance service provider has filed a notice of the lien as authorized by this chapter shall not prevent his or her filing amendatory or supplementary notices of liens subsequently, but every amendatory and supplementary notice shall be served and filed in the same manner as the original notice.

Acts 1933, No. 130, § 3; Pope's Dig., §§ 7991, 10820; A.S.A. 1947, § 51-803; Acts 1993, No. 271, § 4.
Ark. Code Ann. § 18-17-601 — AR Code / Title 18 / Chapter 17 / Subchapter 6 / Section 18-17-601
Tenant to maintain dwelling unit
Status: in_force

A tenant shall: (1) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (2) Keep the dwelling unit and that part of the premises that he or she uses reasonably safe and reasonably clean; (3) Dispose from his or her dwelling unit all ashes, garbage, rubbish, and other waste in a reasonably clean and safe manner; (4) Keep all plumbing fixtures in the dwelling unit or used by the tenant reasonably clean; (5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators in the premises; (6) Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so who is on the premises with the tenant's permission or who is allowed access to the premises by the tenant; (7) Conduct himself or herself and require other persons on the premises with the tenant's permission or who are allowed access to the premises by the tenant to conduct themselves in a manner that will not disturb other tenant's peaceful enjoyment of the premises; and (8) Comply with the lease and rules that are enforceable pursuant to this subchapter. Acts 2007, No. 1004, § 1.

A tenant shall:

(1) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;

(2) Keep the dwelling unit and that part of the premises that he or she uses reasonably safe and reasonably clean;

(3) Dispose from his or her dwelling unit all ashes, garbage, rubbish, and other waste in a reasonably clean and safe manner;

(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant reasonably clean;

(5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators in the premises;

(6) Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so who is on the premises with the tenant's permission or who is allowed access to the premises by the tenant;

(7) Conduct himself or herself and require other persons on the premises with the tenant's permission or who are allowed access to the premises by the tenant to conduct themselves in a manner that will not disturb other tenant's peaceful enjoyment of the premises; and

(8) Comply with the lease and rules that are enforceable pursuant to this subchapter.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-43-107 — AR Code / Title 18 / Chapter 43 / Section 18-43-107
Notice of action
Status: in_force

(a) (1) The party initiating the action shall cause notice to be given to the defendant in the usual way. (2) However, if the defendant is a nonresident, the notice will be given by at least two (2) insertions in the county newspaper or by posting three (3) notices, two (2) in the most public places in the township where the property is and the other at the county clerk's office, to appear and show cause why judgment shall not be rendered and the property sold. (b) Notice shall be given at least ten (10) days before the day of trial and must be accompanied by a copy of the sworn statement of the plaintiff. Amended by Act 2017, No. 757,§ 5, eff. 8/1/2017. Acts 1868, No. 64, § 6, p. 224; C. & M. Dig., § 6851; Pope's Dig., § 8807; A.S.A. 1947, § 51-303.

(a) (1) The party initiating the action shall cause notice to be given to the defendant in the usual way. (2) However, if the defendant is a nonresident, the notice will be given by at least two (2) insertions in the county newspaper or by posting three (3) notices, two (2) in the most public places in the township where the property is and the other at the county clerk's office, to appear and show cause why judgment shall not be rendered and the property sold.

(1) The party initiating the action shall cause notice to be given to the defendant in the usual way.

(2) However, if the defendant is a nonresident, the notice will be given by at least two (2) insertions in the county newspaper or by posting three (3) notices, two (2) in the most public places in the township where the property is and the other at the county clerk's office, to appear and show cause why judgment shall not be rendered and the property sold.

(b) Notice shall be given at least ten (10) days before the day of trial and must be accompanied by a copy of the sworn statement of the plaintiff.

Amended by Act 2017, No. 757,§ 5, eff. 8/1/2017.

Acts 1868, No. 64, § 6, p. 224; C. & M. Dig., § 6851; Pope's Dig., § 8807; A.S.A. 1947, § 51-303.
Ark. Code Ann. § 18-48-805 — AR Code / Title 18 / Chapter 48 / Subchapter 8 / Section 18-48-805
Notice of claim of lien against proceeds
Status: in_force

(a) A notice of claim of lien against proceeds shall state: (1) The name, address, and telephone number of the principal broker; (2) The date of the representation agreement; (3) The name of the owner of the commercial real estate; (4) The legal description of the commercial real estate as described in the representation agreement; (5) The amount of the claimed lien expressed as either a specified sum, a percentage of the sales price, or a formula; (6) The real estate license number of the principal broker; (7) That the lien claimant has read the notice of claim of lien, knows its contents, and believes: (A) The statements contained in the notice of claim of lien to be true and correct; and (B) That the claim is made pursuant to a valid representation agreement and is not frivolous; and (8) That the information contained in the notice of claim of lien is true and accurate to the knowledge of the signatory. (b) The notice of claim of lien against proceeds shall be notarized. (c) A copy of the representation agreement shall be attached to the notice of claim of lien against proceeds. Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.

(a) A notice of claim of lien against proceeds shall state: (1) The name, address, and telephone number of the principal broker; (2) The date of the representation agreement; (3) The name of the owner of the commercial real estate; (4) The legal description of the commercial real estate as described in the representation agreement; (5) The amount of the claimed lien expressed as either a specified sum, a percentage of the sales price, or a formula; (6) The real estate license number of the principal broker; (7) That the lien claimant has read the notice of claim of lien, knows its contents, and believes: (A) The statements contained in the notice of claim of lien to be true and correct; and (B) That the claim is made pursuant to a valid representation agreement and is not frivolous; and (8) That the information contained in the notice of claim of lien is true and accurate to the knowledge of the signatory.

(1) The name, address, and telephone number of the principal broker;

(2) The date of the representation agreement;

(3) The name of the owner of the commercial real estate;

(4) The legal description of the commercial real estate as described in the representation agreement;

(5) The amount of the claimed lien expressed as either a specified sum, a percentage of the sales price, or a formula;

(6) The real estate license number of the principal broker;

(7) That the lien claimant has read the notice of claim of lien, knows its contents, and believes: (A) The statements contained in the notice of claim of lien to be true and correct; and (B) That the claim is made pursuant to a valid representation agreement and is not frivolous; and

(A) The statements contained in the notice of claim of lien to be true and correct; and

(B) That the claim is made pursuant to a valid representation agreement and is not frivolous; and

(8) That the information contained in the notice of claim of lien is true and accurate to the knowledge of the signatory.

(b) The notice of claim of lien against proceeds shall be notarized.

(c) A copy of the representation agreement shall be attached to the notice of claim of lien against proceeds.

Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.
Ark. Code Ann. § 18-11-202 — AR Code / Title 18 / Chapter 11 / Subchapter 2 / Section 18-11-202
Authority of trustees
Status: in_force

The trustee or trustees of any religious society shall have the same power to defend and prosecute suits at law or in equity and do all other acts for the protection, improvement, and preservation of trust property as individuals may do in relation to their individual property. Rev. Stat., ch. 125, § 2; C. & M. Dig., § 8638; Pope's Dig., § 11369; A.S.A. 1947, § 50-202.

The trustee or trustees of any religious society shall have the same power to defend and prosecute suits at law or in equity and do all other acts for the protection, improvement, and preservation of trust property as individuals may do in relation to their individual property.

Rev. Stat., ch. 125, § 2; C. & M. Dig., § 8638; Pope's Dig., § 11369; A.S.A. 1947, § 50-202.
Ark. Code Ann. § 18-3-101 — AR Code / Title 18 / Chapter 3 / Section 18-3-101
Statutory rule against perpetuities
Status: in_force

(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 365 years after its creation. (b) A general power of appointment not presently exercisable because of a condition precedent is invalid unless: (1) when the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than 21 years after the death of an individual then alive; or (2) the condition precedent either is satisfied or becomes impossible to satisfy within 365 years after its creation. (c) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless: (1) when the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or (2) the power is irrevocably exercised or otherwise terminates within 365 years after its creation. (d) In determining whether a nonvested property interest or a power of appointment is valid under subdivision (a)(1), (b)(1), or (c)(1) of this section, the possibility that a child will be born to an individual after the individual's death is disregarded. (e) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (i) seeks to disallow the vesting or termination of any interest or trust beyond, (ii) seeks to postpone the vesting or termination of any interest or trust until, or (iii) seeks to operate in effect in any similar fashion upon, the later of (A) the expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement or (B) the expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement, that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives. Amended by Act 2023, No. 719,§ 1, eff. 8/1/2023. Acts 2007, No. 240, § 1.

(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 365 years after its creation.

(1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or

(2) the interest either vests or terminates within 365 years after its creation.

(b) A general power of appointment not presently exercisable because of a condition precedent is invalid unless: (1) when the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than 21 years after the death of an individual then alive; or (2) the condition precedent either is satisfied or becomes impossible to satisfy within 365 years after its creation.

(1) when the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than 21 years after the death of an individual then alive; or

(2) the condition precedent either is satisfied or becomes impossible to satisfy within 365 years after its creation.

(c) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless: (1) when the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or (2) the power is irrevocably exercised or otherwise terminates within 365 years after its creation.

(1) when the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or

(2) the power is irrevocably exercised or otherwise terminates within 365 years after its creation.

(d) In determining whether a nonvested property interest or a power of appointment is valid under subdivision (a)(1), (b)(1), or (c)(1) of this section, the possibility that a child will be born to an individual after the individual's death is disregarded.

(e) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (i) seeks to disallow the vesting or termination of any interest or trust beyond, (ii) seeks to postpone the vesting or termination of any interest or trust until, or (iii) seeks to operate in effect in any similar fashion upon, the later of (A) the expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement or (B) the expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement, that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives.

Amended by Act 2023, No. 719,§ 1, eff. 8/1/2023.

Acts 2007, No. 240, § 1.
Ark. Code Ann. § 18-60-210 — AR Code / Title 18 / Chapter 60 / Subchapter 2 / Section 18-60-210
Execution for damages and costs only
Status: in_force

When the judgment for the plaintiff is only for damages and costs, execution may be issued thereon as on judgments in personal actions. Rev. Stat., ch. 53, § 17; C. & M. Dig., § 3700; Pope's Dig., § 4655; A.S.A. 1947, § 34-1415.

When the judgment for the plaintiff is only for damages and costs, execution may be issued thereon as on judgments in personal actions.

Rev. Stat., ch. 53, § 17; C. & M. Dig., § 3700; Pope's Dig., § 4655; A.S.A. 1947, § 34-1415.
Ark. Code Ann. § 18-11-105 — AR Code / Title 18 / Chapter 11 / Subchapter 1 / Section 18-11-105
Surface rights of cotenants or tenants-in-common - Waiver
Status: in_force

(a) All right or claim of right, title, interest, equity, and estate by a cotenant or tenant-in-common, including minors, to surface rights in real property, which the cotenant or tenant-in-common is not possessing, having been created by intestate descent and distribution or under the testate distribution of those surface rights by the cotenant or tenant-in-common's grantor, shall be conclusively deemed waived, abandoned, and forfeited to the other person or legal entity, holding title as cotenant, or tenant-in-common, and in possession, on the condition that: (1) The cotenant or tenant-in-common, not in possession, and whose whereabouts are unknown, has made no written demand upon the cotenant or tenant-in-common, in possession, for rents, profits, or possession of the surface rights for a twenty-year period; and (2) (A) (i) After the expiration of the twenty-year period, whether commencing before or after July 15, 1991, the cotenant or tenant-in-common, in possession, publishes notice in a newspaper of general circulation in the county in which the surface rights are located, of an intent to oust the cotenant or tenant-in-common, not in possession, from the lands described in the notice, as a result of the abandonment and waiver referred to in this subsection. (ii) The notice shall be published once a week for two (2) consecutive weeks. (B) (i) Not less than ninety (90) days nor more than three hundred sixty-five (365) days following the last date of publication referred to in this section, the cotenant or tenant-in-common, in possession, may maintain an action to quiet title in the county in which the surface rights are situated and located, with the rights or claim of right of the cotenant or tenant-in-common, not in possession, having been conclusively deemed waived, abandoned, and forfeited to the person or legal entity, holding as cotenant, or tenant-in-common, and in possession thereof. (ii) Upon successful prosecution of the action to quiet title, the cotenant, or tenant-in-common, in possession, shall hold the surface rights free and clear of any claim or title in the cotenant or tenant-in-common, including minors, not in possession. (b) The following form of notice shall be sufficient, for purposes of this section: Click here to view form. (c) For purposes of the action to quiet title referred to in this section, an affidavit or other evidence denying the receipt of written demand referred to in subdivision (a)(1) of this section, above, and an affidavit or other evidence affirming the publication of notice of intent to oust referred to in subdivision (a)(2) of this section, shall be sufficient evidence to sustain the plaintiff's burden of proof in the action, with no other evidence necessary. It shall not be necessary that the notice or the action to quiet title name the missing or absent cotenant or tenant-in-common, not in possession, as those missing persons may be collectively referred to as "missing or absent claimants" to the lands described in the notice or action. (d) (1) This section shall not apply to mineral rights or other subsurface rights held by cotenants or tenants-in-common. (2) For purposes of this section, cotenants or tenants-in-common shall include joint tenants. Acts 1991, No. 660, §§ 1-3.

(a) All right or claim of right, title, interest, equity, and estate by a cotenant or tenant-in-common, including minors, to surface rights in real property, which the cotenant or tenant-in-common is not possessing, having been created by intestate descent and distribution or under the testate distribution of those surface rights by the cotenant or tenant-in-common's grantor, shall be conclusively deemed waived, abandoned, and forfeited to the other person or legal entity, holding title as cotenant, or tenant-in-common, and in possession, on the condition that: (1) The cotenant or tenant-in-common, not in possession, and whose whereabouts are unknown, has made no written demand upon the cotenant or tenant-in-common, in possession, for rents, profits, or possession of the surface rights for a twenty-year period; and (2) (A) (i) After the expiration of the twenty-year period, whether commencing before or after July 15, 1991, the cotenant or tenant-in-common, in possession, publishes notice in a newspaper of general circulation in the county in which the surface rights are located, of an intent to oust the cotenant or tenant-in-common, not in possession, from the lands described in the notice, as a result of the abandonment and waiver referred to in this subsection. (ii) The notice shall be published once a week for two (2) consecutive weeks. (B) (i) Not less than ninety (90) days nor more than three hundred sixty-five (365) days following the last date of publication referred to in this section, the cotenant or tenant-in-common, in possession, may maintain an action to quiet title in the county in which the surface rights are situated and located, with the rights or claim of right of the cotenant or tenant-in-common, not in possession, having been conclusively deemed waived, abandoned, and forfeited to the person or legal entity, holding as cotenant, or tenant-in-common, and in possession thereof. (ii) Upon successful prosecution of the action to quiet title, the cotenant, or tenant-in-common, in possession, shall hold the surface rights free and clear of any claim or title in the cotenant or tenant-in-common, including minors, not in possession.

(1) The cotenant or tenant-in-common, not in possession, and whose whereabouts are unknown, has made no written demand upon the cotenant or tenant-in-common, in possession, for rents, profits, or possession of the surface rights for a twenty-year period; and

(2) (A) (i) After the expiration of the twenty-year period, whether commencing before or after July 15, 1991, the cotenant or tenant-in-common, in possession, publishes notice in a newspaper of general circulation in the county in which the surface rights are located, of an intent to oust the cotenant or tenant-in-common, not in possession, from the lands described in the notice, as a result of the abandonment and waiver referred to in this subsection. (ii) The notice shall be published once a week for two (2) consecutive weeks. (B) (i) Not less than ninety (90) days nor more than three hundred sixty-five (365) days following the last date of publication referred to in this section, the cotenant or tenant-in-common, in possession, may maintain an action to quiet title in the county in which the surface rights are situated and located, with the rights or claim of right of the cotenant or tenant-in-common, not in possession, having been conclusively deemed waived, abandoned, and forfeited to the person or legal entity, holding as cotenant, or tenant-in-common, and in possession thereof. (ii) Upon successful prosecution of the action to quiet title, the cotenant, or tenant-in-common, in possession, shall hold the surface rights free and clear of any claim or title in the cotenant or tenant-in-common, including minors, not in possession.

(A) (i) After the expiration of the twenty-year period, whether commencing before or after July 15, 1991, the cotenant or tenant-in-common, in possession, publishes notice in a newspaper of general circulation in the county in which the surface rights are located, of an intent to oust the cotenant or tenant-in-common, not in possession, from the lands described in the notice, as a result of the abandonment and waiver referred to in this subsection. (ii) The notice shall be published once a week for two (2) consecutive weeks.

(i) After the expiration of the twenty-year period, whether commencing before or after July 15, 1991, the cotenant or tenant-in-common, in possession, publishes notice in a newspaper of general circulation in the county in which the surface rights are located, of an intent to oust the cotenant or tenant-in-common, not in possession, from the lands described in the notice, as a result of the abandonment and waiver referred to in this subsection.

(ii) The notice shall be published once a week for two (2) consecutive weeks.

(B) (i) Not less than ninety (90) days nor more than three hundred sixty-five (365) days following the last date of publication referred to in this section, the cotenant or tenant-in-common, in possession, may maintain an action to quiet title in the county in which the surface rights are situated and located, with the rights or claim of right of the cotenant or tenant-in-common, not in possession, having been conclusively deemed waived, abandoned, and forfeited to the person or legal entity, holding as cotenant, or tenant-in-common, and in possession thereof. (ii) Upon successful prosecution of the action to quiet title, the cotenant, or tenant-in-common, in possession, shall hold the surface rights free and clear of any claim or title in the cotenant or tenant-in-common, including minors, not in possession.

(i) Not less than ninety (90) days nor more than three hundred sixty-five (365) days following the last date of publication referred to in this section, the cotenant or tenant-in-common, in possession, may maintain an action to quiet title in the county in which the surface rights are situated and located, with the rights or claim of right of the cotenant or tenant-in-common, not in possession, having been conclusively deemed waived, abandoned, and forfeited to the person or legal entity, holding as cotenant, or tenant-in-common, and in possession thereof.

(ii) Upon successful prosecution of the action to quiet title, the cotenant, or tenant-in-common, in possession, shall hold the surface rights free and clear of any claim or title in the cotenant or tenant-in-common, including minors, not in possession.

(b) The following form of notice shall be sufficient, for purposes of this section: Click here to view form.

Click here to view form.

(c) For purposes of the action to quiet title referred to in this section, an affidavit or other evidence denying the receipt of written demand referred to in subdivision (a)(1) of this section, above, and an affidavit or other evidence affirming the publication of notice of intent to oust referred to in subdivision (a)(2) of this section, shall be sufficient evidence to sustain the plaintiff's burden of proof in the action, with no other evidence necessary. It shall not be necessary that the notice or the action to quiet title name the missing or absent cotenant or tenant-in-common, not in possession, as those missing persons may be collectively referred to as "missing or absent claimants" to the lands described in the notice or action.

(d) (1) This section shall not apply to mineral rights or other subsurface rights held by cotenants or tenants-in-common. (2) For purposes of this section, cotenants or tenants-in-common shall include joint tenants.

(1) This section shall not apply to mineral rights or other subsurface rights held by cotenants or tenants-in-common.

(2) For purposes of this section, cotenants or tenants-in-common shall include joint tenants.

Acts 1991, No. 660, §§ 1-3.

11_105_1 - Attachment
Ark. Code Ann. § 18-15-1102 — AR Code / Title 18 / Chapter 15 / Subchapter 11 / Section 18-15-1102
Drawing or directing water from watercourse
Status: in_force

(a) Whenever a corporation, in the construction of its system of canals, ditches, drains, conduits, aqueducts, or other means of conducting water, shall deem it necessary, it may, as provided in this subchapter, draw water from any river, lake, or creek by any means which the corporation may provide and, in general, do any act necessary or convenient in accomplishing the purpose contemplated by this subchapter. (b) Whenever a corporation shall propose to construct or extend its canals or works, or shall prepare to extend its system of canals or works, so as to connect with any river, lake, creek, or other watercourse, and to direct the water of the river, lake, creek, or other watercourse within or through its system of canals or works, it shall proceed as follows: (1) (A) The corporation shall cause to be made a survey of the lines along which it proposes to construct its canals or other works and of all lands or other property to be affected by the canals or other works, or by flowage, drainage, or otherwise. (B) For that purpose, the corporation by its officers or agents may enter upon any land for the purpose of making surveys and measurements or for obtaining any other necessary information relative to the construction or extension of the system of canals or other works, doing no unnecessary damage to the property; and (2) After the survey is made and the lines located it shall cause to be made a map showing the location of the lines extension, or improvements, and the lands necessary to be taken for the construction, extension, or improvements, and all lands or other property to be affected by flowage, drainage, or otherwise. The map shall be verified under oath by the surveyor making it as being just and correct as he or she verily believes. Acts 1909, No. 87, §§ 3, 4, p. 234; A.S.A. 1947, §§ 35-1203, 35-1204.

(a) Whenever a corporation, in the construction of its system of canals, ditches, drains, conduits, aqueducts, or other means of conducting water, shall deem it necessary, it may, as provided in this subchapter, draw water from any river, lake, or creek by any means which the corporation may provide and, in general, do any act necessary or convenient in accomplishing the purpose contemplated by this subchapter.

(b) Whenever a corporation shall propose to construct or extend its canals or works, or shall prepare to extend its system of canals or works, so as to connect with any river, lake, creek, or other watercourse, and to direct the water of the river, lake, creek, or other watercourse within or through its system of canals or works, it shall proceed as follows: (1) (A) The corporation shall cause to be made a survey of the lines along which it proposes to construct its canals or other works and of all lands or other property to be affected by the canals or other works, or by flowage, drainage, or otherwise. (B) For that purpose, the corporation by its officers or agents may enter upon any land for the purpose of making surveys and measurements or for obtaining any other necessary information relative to the construction or extension of the system of canals or other works, doing no unnecessary damage to the property; and (2) After the survey is made and the lines located it shall cause to be made a map showing the location of the lines extension, or improvements, and the lands necessary to be taken for the construction, extension, or improvements, and all lands or other property to be affected by flowage, drainage, or otherwise. The map shall be verified under oath by the surveyor making it as being just and correct as he or she verily believes.

(1) (A) The corporation shall cause to be made a survey of the lines along which it proposes to construct its canals or other works and of all lands or other property to be affected by the canals or other works, or by flowage, drainage, or otherwise. (B) For that purpose, the corporation by its officers or agents may enter upon any land for the purpose of making surveys and measurements or for obtaining any other necessary information relative to the construction or extension of the system of canals or other works, doing no unnecessary damage to the property; and

(A) The corporation shall cause to be made a survey of the lines along which it proposes to construct its canals or other works and of all lands or other property to be affected by the canals or other works, or by flowage, drainage, or otherwise.

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

(2) After the survey is made and the lines located it shall cause to be made a map showing the location of the lines extension, or improvements, and the lands necessary to be taken for the construction, extension, or improvements, and all lands or other property to be affected by flowage, drainage, or otherwise. The map shall be verified under oath by the surveyor making it as being just and correct as he or she verily believes.

Acts 1909, No. 87, §§ 3, 4, p. 234; A.S.A. 1947, §§ 35-1203, 35-1204.
Ark. Code Ann. § 18-15-805 — AR Code / Title 18 / Chapter 15 / Subchapter 8 / Section 18-15-805
Navigation companies connecting streams by railroad - Jury report - Payment
Status: in_force

(a) (1) When any jury reports, as provided in § 18-15-804 , it shall be the duty of the judge to cause the company to be notified that the report has been made. (2) If the company shall deposit, within fifteen (15) days after receiving the notice, with the county clerk the full amount of money at which any lands may have been appraised or valued by the jury appointed for that purpose, then the company shall be entitled to the use and possession of the appraised and valued lands. (b) However, before the company shall be entitled to the use or possession of any lands as provided in this section, the judge shall make an order that the amount deposited with the clerk shall be paid to the owner or owners of the lands. Acts 1869 (Adj. Sess.), No. 48, § 7, p. 102; C. & M. Dig., § 1753; A.S.A. 1947, § 35-707.

(a) (1) When any jury reports, as provided in § 18-15-804 , it shall be the duty of the judge to cause the company to be notified that the report has been made. (2) If the company shall deposit, within fifteen (15) days after receiving the notice, with the county clerk the full amount of money at which any lands may have been appraised or valued by the jury appointed for that purpose, then the company shall be entitled to the use and possession of the appraised and valued lands.

(1) When any jury reports, as provided in § 18-15-804 , it shall be the duty of the judge to cause the company to be notified that the report has been made.

(2) If the company shall deposit, within fifteen (15) days after receiving the notice, with the county clerk the full amount of money at which any lands may have been appraised or valued by the jury appointed for that purpose, then the company shall be entitled to the use and possession of the appraised and valued lands.

(b) However, before the company shall be entitled to the use or possession of any lands as provided in this section, the judge shall make an order that the amount deposited with the clerk shall be paid to the owner or owners of the lands.

Acts 1869 (Adj. Sess.), No. 48, § 7, p. 102; C. & M. Dig., § 1753; A.S.A. 1947, § 35-707.
Ark. Code Ann. § 18-42-102 — AR Code / Title 18 / Chapter 42 / Section 18-42-102
Contracts of minors
Status: in_force

(a) The contract of a minor when approved by the parent having control of the minor, or, in case there is no parent, when approved by his or her guardian, or the contract of a minor over fifteen (15) years of age having neither a parent or guardian shall be binding. (b) However, a contract with the minor shall not be for a longer period than one (1) year. Acts 1883, No. 96, § 2, p. 176; C. & M. Dig., § 6881; Pope's Dig., § 8837; A.S.A. 1947, § 51-504.

(a) The contract of a minor when approved by the parent having control of the minor, or, in case there is no parent, when approved by his or her guardian, or the contract of a minor over fifteen (15) years of age having neither a parent or guardian shall be binding.

(b) However, a contract with the minor shall not be for a longer period than one (1) year.

Acts 1883, No. 96, § 2, p. 176; C. & M. Dig., § 6881; Pope's Dig., § 8837; A.S.A. 1947, § 51-504.
Ark. Code Ann. § 18-60-213 — AR Code / Title 18 / Chapter 60 / Subchapter 2 / Section 18-60-213
Recovery for improvements and taxes paid on land of another
Status: in_force

(a) If any person believing himself or herself to be the owner, either in law or equity, under color of title has peaceably improved, or shall peaceably improve, any land which upon judicial investigation shall be decided to belong to another, the value of the improvement made as stated and the amount of all taxes which may have been paid on the land by the person, and those under whom he or she claims, shall be paid by the successful party to the occupant, or the person under whom, or from whom, he or she entered and holds, before the court rendering judgment in the proceedings shall cause possession to be delivered to the successful party. (b) (1) The court or jury trying the cause shall assess the value of the improvements in the same action in which the title to the lands is adjudicated. (2) On the trial, the damages sustained by the owner of the lands from waste and any mesne profits as may be allowed by law shall also be assessed. (c) (1) If the value of the improvements made by the occupant and the taxes paid as stated in subsection (a) of this section shall exceed the amount of the damages and mesne profits combined, the court shall enter an order as a part of the final judgment providing that no writ shall issue for the possession of the lands in favor of the successful party until payment has been made to the occupant of the balance due him or her for the improvements and the taxes paid. (2) This amount shall be a lien on the lands, which may be enforced by equitable proceedings at any time within three (3) years after the date of the judgment. (d) In recoveries against the occupants, no account for any mesne profits shall be allowed unless they shall have accrued within three (3) years prior to the commencement of the suit in which they may be claimed. (e) In any of these equitable proceedings, the court may allow to the owner of the lands, as a setoff against the value of the improvements and taxes, the value of all rents accruing after the date of the judgment in which it has been allowed. Acts 1883, No. 69, §§ 1-4, p. 106; C. & M. Dig., §§ 3703-3706; Pope's Dig., §§ 4658-4661; A.S.A. 1947, §§ 34-1423 -- 34-1426.

(a) If any person believing himself or herself to be the owner, either in law or equity, under color of title has peaceably improved, or shall peaceably improve, any land which upon judicial investigation shall be decided to belong to another, the value of the improvement made as stated and the amount of all taxes which may have been paid on the land by the person, and those under whom he or she claims, shall be paid by the successful party to the occupant, or the person under whom, or from whom, he or she entered and holds, before the court rendering judgment in the proceedings shall cause possession to be delivered to the successful party.

(b) (1) The court or jury trying the cause shall assess the value of the improvements in the same action in which the title to the lands is adjudicated. (2) On the trial, the damages sustained by the owner of the lands from waste and any mesne profits as may be allowed by law shall also be assessed.

(1) The court or jury trying the cause shall assess the value of the improvements in the same action in which the title to the lands is adjudicated.

(2) On the trial, the damages sustained by the owner of the lands from waste and any mesne profits as may be allowed by law shall also be assessed.

(c) (1) If the value of the improvements made by the occupant and the taxes paid as stated in subsection (a) of this section shall exceed the amount of the damages and mesne profits combined, the court shall enter an order as a part of the final judgment providing that no writ shall issue for the possession of the lands in favor of the successful party until payment has been made to the occupant of the balance due him or her for the improvements and the taxes paid. (2) This amount shall be a lien on the lands, which may be enforced by equitable proceedings at any time within three (3) years after the date of the judgment.

(1) If the value of the improvements made by the occupant and the taxes paid as stated in subsection (a) of this section shall exceed the amount of the damages and mesne profits combined, the court shall enter an order as a part of the final judgment providing that no writ shall issue for the possession of the lands in favor of the successful party until payment has been made to the occupant of the balance due him or her for the improvements and the taxes paid.

(2) This amount shall be a lien on the lands, which may be enforced by equitable proceedings at any time within three (3) years after the date of the judgment.

(d) In recoveries against the occupants, no account for any mesne profits shall be allowed unless they shall have accrued within three (3) years prior to the commencement of the suit in which they may be claimed.

(e) In any of these equitable proceedings, the court may allow to the owner of the lands, as a setoff against the value of the improvements and taxes, the value of all rents accruing after the date of the judgment in which it has been allowed.

Acts 1883, No. 69, §§ 1-4, p. 106; C. & M. Dig., §§ 3703-3706; Pope's Dig., §§ 4658-4661; A.S.A. 1947, §§ 34-1423 -- 34-1426.
Ark. Code Ann. § 18-60-107 — AR Code / Title 18 / Chapter 60 / Subchapter 1 / Section 18-60-107
Liability for injuries in gathering farm products - Definition
Status: in_force

(a) No cause of action shall arise against the owner, tenant, or lessee of land or premises for injuries to any person who is on that land or premises for the purpose of gleaning agricultural or farm products, unless that person's injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee. (b) No cause of action shall arise against the owner, tenant, or lessee of land or premises for injuries to any person, other than an employee or contractor of the owner, tenant, or lessee, who is on the land or premises for the purpose of picking and purchasing agricultural or farm products at a farm or "u-pick" operation, unless the person's injuries were caused by a condition which involved an unreasonable risk of harm and all of the following apply: (1) The owner, tenant, or lessee knew or had reason to know of the condition or risk; (2) The owner, tenant, or lessee failed to exercise reasonable care to make the condition safe or to warn the person of the condition or risk; and (3) The person injured did not know or did not have reason to know of the condition or risk. (c) As used in this section, "agricultural or farm products" means the natural products of the farm, nursery, grove, orchard, vineyard, garden, and apiary, including, but not limited to, trees and firewood. Acts 1989, No. 101, § 1.

(a) No cause of action shall arise against the owner, tenant, or lessee of land or premises for injuries to any person who is on that land or premises for the purpose of gleaning agricultural or farm products, unless that person's injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.

(b) No cause of action shall arise against the owner, tenant, or lessee of land or premises for injuries to any person, other than an employee or contractor of the owner, tenant, or lessee, who is on the land or premises for the purpose of picking and purchasing agricultural or farm products at a farm or "u-pick" operation, unless the person's injuries were caused by a condition which involved an unreasonable risk of harm and all of the following apply: (1) The owner, tenant, or lessee knew or had reason to know of the condition or risk; (2) The owner, tenant, or lessee failed to exercise reasonable care to make the condition safe or to warn the person of the condition or risk; and (3) The person injured did not know or did not have reason to know of the condition or risk.

(1) The owner, tenant, or lessee knew or had reason to know of the condition or risk;

(2) The owner, tenant, or lessee failed to exercise reasonable care to make the condition safe or to warn the person of the condition or risk; and

(3) The person injured did not know or did not have reason to know of the condition or risk.

(c) As used in this section, "agricultural or farm products" means the natural products of the farm, nursery, grove, orchard, vineyard, garden, and apiary, including, but not limited to, trees and firewood.

Acts 1989, No. 101, § 1.
Ark. Code Ann. § 18-14-703 — AR Code / Title 18 / Chapter 14 / Subchapter 7 / Section 18-14-703
Seller to provide notice of cancellation - Form
Status: in_force

(a) The seller of a camping site under a time-share plan shall furnish to the buyer at the time the buyer signs the sales contract or otherwise agrees to buy the camping site a complete form in duplicate captioned "NOTICE OF CANCELLATION", which is attached to the contract or receipt, is easily detachable, and contains in 10-point bold-face type, the following information and statements: Click here to view form. (b) If seller fails to give both oral and written notice of the buyer's right to cancellation, the cooling-off period does not begin to run until actual notice is given. Amended by Act 2013, No. 710,§ 7, eff. 8/16/2013. Acts 1991, No. 619, § 3.

(a) The seller of a camping site under a time-share plan shall furnish to the buyer at the time the buyer signs the sales contract or otherwise agrees to buy the camping site a complete form in duplicate captioned "NOTICE OF CANCELLATION", which is attached to the contract or receipt, is easily detachable, and contains in 10-point bold-face type, the following information and statements: Click here to view form.

Click here to view form.

(b) If seller fails to give both oral and written notice of the buyer's right to cancellation, the cooling-off period does not begin to run until actual notice is given.

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

Acts 1991, No. 619, § 3.

14_703_1 - Attachment
Ark. Code Ann. § 18-15-1004 — AR Code / Title 18 / Chapter 15 / Subchapter 10 / Section 18-15-1004
Petition - Appraisal - Summons
Status: in_force

(a) Whenever any levee or drainage district deems it necessary to take, use, or appropriate any right-of-way, land material, or other property for levee, drain, ditch, or canal purposes pursuant to this section, §§ 18-15-1001 - 18-15-1003 , and §§ 18-15-1005 - 18-15-1010 , or when the right-of-way, land material, or other property has already been entered upon by it or has already been used, taken, or appropriated, then the levee or drainage district, by its president, secretary, attorney, or other authorized agent, may file a petition with the clerk of the circuit court of the county in which the property is situated, describing as near as may be practical the property taken or proposed to be taken and asking that the appraisers make an award to the owners of land or property. (b) (1) When the petition is filed, a copy of it shall be delivered to each of the appraisers. It shall then be the duty of the appraisers to assemble at some convenient time, enter upon the land or property which has been appropriated or is intended to be appropriated, and ascertain: (A) The fair market value of the land appropriated, or intended to be appropriated; (B) The damage which the construction of the levee will cause by the obstruction of natural drainage, not to exceed the cost of artificial drainage; and (C) The inconvenience of passing over the levee, ditch, drain, or canal or the cost of removing the houses. (2) (A) The appraisers shall reduce their findings to writing, giving the amount they award: (i) Per acre for the land appropriated; (ii) For inconvenience of crossing the levee, ditch, canal, or drain; and (iii) For the destruction of crops and houses or the cost of removing the houses upon the right-of-way. (B) The appraisers shall sign the report and file it with the clerk of the circuit court. (3) However, any levee or drainage district may have the appraisers go on the land and make the appraisal as provided in this section prior to filing its petition in court. Thereafter, if it becomes necessary to file the petition with the clerk of the circuit court of the county, the report of the appraisers may then be filed. (c) (1) The clerk shall immediately issue a summons directed to the sheriff of the county, together with a copy of the award attached to the summons, commanding him or her to serve the owner if he or she resides in the county or, if the land belongs to a minor, an individual with mental illness, or an estate, to serve the summons upon the guardian, curator, executor, or administrator of the owner and make return thereof. (2) However, if the owner is a nonresident of the county or is unknown to the officers of the levee or drainage district, it shall be the duty of the clerk to publish a warning order in some newspaper published in the county for four (4) insertions. The warning order may be in the following form and shall be dated and signed by the clerk: Click here to view form. Acts 1945, No. 177, § 3; 1957, No. 100, § 1; A.S.A. 1947, § 35-1103.

(a) Whenever any levee or drainage district deems it necessary to take, use, or appropriate any right-of-way, land material, or other property for levee, drain, ditch, or canal purposes pursuant to this section, §§ 18-15-1001 - 18-15-1003 , and §§ 18-15-1005 - 18-15-1010 , or when the right-of-way, land material, or other property has already been entered upon by it or has already been used, taken, or appropriated, then the levee or drainage district, by its president, secretary, attorney, or other authorized agent, may file a petition with the clerk of the circuit court of the county in which the property is situated, describing as near as may be practical the property taken or proposed to be taken and asking that the appraisers make an award to the owners of land or property.

(b) (1) When the petition is filed, a copy of it shall be delivered to each of the appraisers. It shall then be the duty of the appraisers to assemble at some convenient time, enter upon the land or property which has been appropriated or is intended to be appropriated, and ascertain: (A) The fair market value of the land appropriated, or intended to be appropriated; (B) The damage which the construction of the levee will cause by the obstruction of natural drainage, not to exceed the cost of artificial drainage; and (C) The inconvenience of passing over the levee, ditch, drain, or canal or the cost of removing the houses. (2) (A) The appraisers shall reduce their findings to writing, giving the amount they award: (i) Per acre for the land appropriated; (ii) For inconvenience of crossing the levee, ditch, canal, or drain; and (iii) For the destruction of crops and houses or the cost of removing the houses upon the right-of-way. (B) The appraisers shall sign the report and file it with the clerk of the circuit court. (3) However, any levee or drainage district may have the appraisers go on the land and make the appraisal as provided in this section prior to filing its petition in court. Thereafter, if it becomes necessary to file the petition with the clerk of the circuit court of the county, the report of the appraisers may then be filed.

(1) When the petition is filed, a copy of it shall be delivered to each of the appraisers. It shall then be the duty of the appraisers to assemble at some convenient time, enter upon the land or property which has been appropriated or is intended to be appropriated, and ascertain: (A) The fair market value of the land appropriated, or intended to be appropriated; (B) The damage which the construction of the levee will cause by the obstruction of natural drainage, not to exceed the cost of artificial drainage; and (C) The inconvenience of passing over the levee, ditch, drain, or canal or the cost of removing the houses.

(A) The fair market value of the land appropriated, or intended to be appropriated;

(B) The damage which the construction of the levee will cause by the obstruction of natural drainage, not to exceed the cost of artificial drainage; and

(C) The inconvenience of passing over the levee, ditch, drain, or canal or the cost of removing the houses.

(2) (A) The appraisers shall reduce their findings to writing, giving the amount they award: (i) Per acre for the land appropriated; (ii) For inconvenience of crossing the levee, ditch, canal, or drain; and (iii) For the destruction of crops and houses or the cost of removing the houses upon the right-of-way. (B) The appraisers shall sign the report and file it with the clerk of the circuit court.

(A) The appraisers shall reduce their findings to writing, giving the amount they award: (i) Per acre for the land appropriated; (ii) For inconvenience of crossing the levee, ditch, canal, or drain; and (iii) For the destruction of crops and houses or the cost of removing the houses upon the right-of-way.

(i) Per acre for the land appropriated;

(ii) For inconvenience of crossing the levee, ditch, canal, or drain; and

(iii) For the destruction of crops and houses or the cost of removing the houses upon the right-of-way.

(B) The appraisers shall sign the report and file it with the clerk of the circuit court.

(3) However, any levee or drainage district may have the appraisers go on the land and make the appraisal as provided in this section prior to filing its petition in court. Thereafter, if it becomes necessary to file the petition with the clerk of the circuit court of the county, the report of the appraisers may then be filed.

(c) (1) The clerk shall immediately issue a summons directed to the sheriff of the county, together with a copy of the award attached to the summons, commanding him or her to serve the owner if he or she resides in the county or, if the land belongs to a minor, an individual with mental illness, or an estate, to serve the summons upon the guardian, curator, executor, or administrator of the owner and make return thereof. (2) However, if the owner is a nonresident of the county or is unknown to the officers of the levee or drainage district, it shall be the duty of the clerk to publish a warning order in some newspaper published in the county for four (4) insertions. The warning order may be in the following form and shall be dated and signed by the clerk: Click here to view form.

(1) The clerk shall immediately issue a summons directed to the sheriff of the county, together with a copy of the award attached to the summons, commanding him or her to serve the owner if he or she resides in the county or, if the land belongs to a minor, an individual with mental illness, or an estate, to serve the summons upon the guardian, curator, executor, or administrator of the owner and make return thereof.

(2) However, if the owner is a nonresident of the county or is unknown to the officers of the levee or drainage district, it shall be the duty of the clerk to publish a warning order in some newspaper published in the county for four (4) insertions. The warning order may be in the following form and shall be dated and signed by the clerk: Click here to view form.

Click here to view form.

Acts 1945, No. 177, § 3; 1957, No. 100, § 1; A.S.A. 1947, § 35-1103.

15_1004_1 - Attachment
Ark. Code Ann. § 18-60-903 — AR Code / Title 18 / Chapter 60 / Subchapter 9 / Section 18-60-903
Hearing - Order - Appeal
Status: in_force

(a) At the hearing, the county court shall hear all interested parties and, if the court determines that the easement has not been used by the public utility for a period of at least five (5) years and that vacating the easement would not be against the interest of the public, the court shall enter an order vacating the easement and establishing the amount of just compensation for the easement. (b) The finding and order of the county court shall be conclusive on all parties having or claiming any rights or interest in the easement. (c) (1) Within thirty (30) days from the entry of the county court order, an appeal may be taken to the circuit court, where a trial de novo without a jury shall be conducted by the judge of the circuit court. (2) An appeal may be taken from the circuit court to the Supreme Court within thirty (30) days from the entry of the order. (d) The cost of the publication of the notice, the cost of recording of the orders, and the court costs shall be paid by the petitioners, except that the court cost necessitated by an appeal shall be paid by the party or parties who unsuccessfully contest the petition. Acts 1987, No. 494, § 3.

(a) At the hearing, the county court shall hear all interested parties and, if the court determines that the easement has not been used by the public utility for a period of at least five (5) years and that vacating the easement would not be against the interest of the public, the court shall enter an order vacating the easement and establishing the amount of just compensation for the easement.

(b) The finding and order of the county court shall be conclusive on all parties having or claiming any rights or interest in the easement.

(c) (1) Within thirty (30) days from the entry of the county court order, an appeal may be taken to the circuit court, where a trial de novo without a jury shall be conducted by the judge of the circuit court. (2) An appeal may be taken from the circuit court to the Supreme Court within thirty (30) days from the entry of the order.

(1) Within thirty (30) days from the entry of the county court order, an appeal may be taken to the circuit court, where a trial de novo without a jury shall be conducted by the judge of the circuit court.

(2) An appeal may be taken from the circuit court to the Supreme Court within thirty (30) days from the entry of the order.

(d) The cost of the publication of the notice, the cost of recording of the orders, and the court costs shall be paid by the petitioners, except that the court cost necessitated by an appeal shall be paid by the party or parties who unsuccessfully contest the petition.

Acts 1987, No. 494, § 3.
Ark. Code Ann. § 18-44-301 — AR Code / Title 18 / Chapter 44 / Subchapter 3 / Section 18-44-301
Construction
Status: in_force

The provisions of this subchapter shall not be construed to deprive or abridge materialmen, artisans, laborers, or mechanics of any rights and remedies given them by law, and the provisions of this subchapter shall be cumulative of the present lien laws of this state, except as repealed or modified by this subchapter. Acts 1941, No. 71, § 4; A.S.A. 1947, § 51-714.

The provisions of this subchapter shall not be construed to deprive or abridge materialmen, artisans, laborers, or mechanics of any rights and remedies given them by law, and the provisions of this subchapter shall be cumulative of the present lien laws of this state, except as repealed or modified by this subchapter.

Acts 1941, No. 71, § 4; A.S.A. 1947, § 51-714.
Ark. Code Ann. § 18-15-1408 — AR Code / Title 18 / Chapter 15 / Subchapter 14 / Section 18-15-1408
Public property
Status: in_force

(a) If a cemetery located on land of a private landowner has been open to public use for a period of at least fifty (50) years, then the cemetery shall be deemed to be public property unless: (1) The property has been enclosed by the landowner for at least one (1) year prior to an order of the quorum court providing for the care and management of the cemetery as provided for under subsection (b) of this section; or (2) The cemetery has been operated by the landowner for at least one (1) year prior to an order of the quorum court providing for the care and management of the cemetery as provided for under subsection (b) of this section. (b) (1) If, upon the petition of any person, the quorum court determines that a cemetery is public property under this section, the quorum court may issue an order providing for the management and care of the cemetery. The county may manage and care for the cemetery or may enter into an agreement allowing a nonprofit association or corporation to provide for the management and care of the cemetery. (2) Upon issuing an order for the management and care of the public property, the quorum court shall notify the landowner of its order, based on the quorum court's finding that the property has become public property, and shall include a copy of the provisions of this section. The notice shall be by certified mail. (3) No person or his or her heirs shall have, sue, or maintain any action or suit, either in law or equity, for any cemetery lands more than six (6) months after the person receives the notice required under this section. (c) The rights of the public to cemetery property under this section shall be in the nature of an adverse possession. No additional conditions for adverse possession shall be imposed in addition to those provided by this section. Acts 1995, No. 716, § 1.

(a) If a cemetery located on land of a private landowner has been open to public use for a period of at least fifty (50) years, then the cemetery shall be deemed to be public property unless: (1) The property has been enclosed by the landowner for at least one (1) year prior to an order of the quorum court providing for the care and management of the cemetery as provided for under subsection (b) of this section; or (2) The cemetery has been operated by the landowner for at least one (1) year prior to an order of the quorum court providing for the care and management of the cemetery as provided for under subsection (b) of this section.

(1) The property has been enclosed by the landowner for at least one (1) year prior to an order of the quorum court providing for the care and management of the cemetery as provided for under subsection (b) of this section; or

(2) The cemetery has been operated by the landowner for at least one (1) year prior to an order of the quorum court providing for the care and management of the cemetery as provided for under subsection (b) of this section.

(b) (1) If, upon the petition of any person, the quorum court determines that a cemetery is public property under this section, the quorum court may issue an order providing for the management and care of the cemetery. The county may manage and care for the cemetery or may enter into an agreement allowing a nonprofit association or corporation to provide for the management and care of the cemetery. (2) Upon issuing an order for the management and care of the public property, the quorum court shall notify the landowner of its order, based on the quorum court's finding that the property has become public property, and shall include a copy of the provisions of this section. The notice shall be by certified mail. (3) No person or his or her heirs shall have, sue, or maintain any action or suit, either in law or equity, for any cemetery lands more than six (6) months after the person receives the notice required under this section.

(1) If, upon the petition of any person, the quorum court determines that a cemetery is public property under this section, the quorum court may issue an order providing for the management and care of the cemetery. The county may manage and care for the cemetery or may enter into an agreement allowing a nonprofit association or corporation to provide for the management and care of the cemetery.

(2) Upon issuing an order for the management and care of the public property, the quorum court shall notify the landowner of its order, based on the quorum court's finding that the property has become public property, and shall include a copy of the provisions of this section. The notice shall be by certified mail.

(3) No person or his or her heirs shall have, sue, or maintain any action or suit, either in law or equity, for any cemetery lands more than six (6) months after the person receives the notice required under this section.

(c) The rights of the public to cemetery property under this section shall be in the nature of an adverse possession. No additional conditions for adverse possession shall be imposed in addition to those provided by this section.

Acts 1995, No. 716, § 1.
Ark. Code Ann. § 18-17-707 — AR Code / Title 18 / Chapter 17 / Subchapter 7 / Section 18-17-707
Bond on appeal and order staying execution
Status: in_force

(a) Upon appeal to the circuit court, the case shall be heard in a manner consistent with the rules of the circuit court as soon as is feasible after the appeal is docketed. (b) (1) It is sufficient to stay execution of a judgment for possession that the tenant sign a bond that he or she will pay to the landlord the amount of rent, determined by the court in accordance with §§ 18-17-705 and 18-17-706 , as it becomes due periodically after the judgment was entered. (2) Any circuit judge shall order a stay of execution upon the bond. (c) The bond by the tenant and the order staying execution may be substantially in the following form: Click here to view form. (d) If the tenant fails to make a payment within five (5) days of the due date according to the bond and order staying execution, the clerk, upon application of the landlord, shall issue a writ of possession to be executed pursuant to § 18-17-904 . Acts 2007, No. 1004, § 1; 2009, No. 311, § 2.

(a) Upon appeal to the circuit court, the case shall be heard in a manner consistent with the rules of the circuit court as soon as is feasible after the appeal is docketed.

(b) (1) It is sufficient to stay execution of a judgment for possession that the tenant sign a bond that he or she will pay to the landlord the amount of rent, determined by the court in accordance with §§ 18-17-705 and 18-17-706 , as it becomes due periodically after the judgment was entered. (2) Any circuit judge shall order a stay of execution upon the bond.

(1) It is sufficient to stay execution of a judgment for possession that the tenant sign a bond that he or she will pay to the landlord the amount of rent, determined by the court in accordance with §§ 18-17-705 and 18-17-706 , as it becomes due periodically after the judgment was entered.

(2) Any circuit judge shall order a stay of execution upon the bond.

(c) The bond by the tenant and the order staying execution may be substantially in the following form: Click here to view form.

Click here to view form.

(d) If the tenant fails to make a payment within five (5) days of the due date according to the bond and order staying execution, the clerk, upon application of the landlord, shall issue a writ of possession to be executed pursuant to § 18-17-904 .

Acts 2007, No. 1004, § 1; 2009, No. 311, § 2.

17_707_1 - Attachment
Ark. Code Ann. § 18-60-603 — AR Code / Title 18 / Chapter 60 / Subchapter 6 / Section 18-60-603
Publication of notice
Status: in_force

(a) (1) When land is not made redeemable by any law of this state applicable to the sale, or, if redeemable, at any time after the expiration of the time allowed for the redemption, at all sales which have been or may be made, the purchaser, the heirs and legal representative of the purchaser, or the assignee of the purchaser or the heirs or legal representative of the assignee, may publish a notice. (2) This notice shall be published four (4) weeks in succession in some newspaper published in the county where the land lies, if there is a newspaper published in the county or, if not, in the nearest newspaper having a bona fide circulation in the county. (3) The notice shall call on all persons who can set up any right to the land so purchased in consequence of any informality or any irregularity connected with the sale to show cause, at the first term of the circuit court of the county after the publication of the notice, why the sale so made should not be confirmed. (4) The notice shall state the authority under which the sale took place and give the description of the land purchased and the nature of the title by which it is held. (b) The last insertion of the notice in the newspaper shall be at least twenty (20) days before the application for confirmation is submitted to the court for trial. (c) Proof of the publication of the notice shall be made in the same manner as proof of publication of notices in other circuit court causes. (d) The clerk of the court shall notify any delinquent tax owner or owners at their last known address by registered mail at least twenty (20) days before the application for confirmation is submitted to the court for trial. Rev. Stat., ch. 149, § 2; Acts 1893, No. 95, § 1, p. 165; C. & M. Dig., §§ 8380-8382; Pope's Dig., §§ 10976- 10978; Acts 1951, No. 349, § 1; 1955, No. 264, § 2; A.S.A. 1947, § 34-1919; Acts 2005, No. 1962, § 77.

(a) (1) When land is not made redeemable by any law of this state applicable to the sale, or, if redeemable, at any time after the expiration of the time allowed for the redemption, at all sales which have been or may be made, the purchaser, the heirs and legal representative of the purchaser, or the assignee of the purchaser or the heirs or legal representative of the assignee, may publish a notice. (2) This notice shall be published four (4) weeks in succession in some newspaper published in the county where the land lies, if there is a newspaper published in the county or, if not, in the nearest newspaper having a bona fide circulation in the county. (3) The notice shall call on all persons who can set up any right to the land so purchased in consequence of any informality or any irregularity connected with the sale to show cause, at the first term of the circuit court of the county after the publication of the notice, why the sale so made should not be confirmed. (4) The notice shall state the authority under which the sale took place and give the description of the land purchased and the nature of the title by which it is held.

(1) When land is not made redeemable by any law of this state applicable to the sale, or, if redeemable, at any time after the expiration of the time allowed for the redemption, at all sales which have been or may be made, the purchaser, the heirs and legal representative of the purchaser, or the assignee of the purchaser or the heirs or legal representative of the assignee, may publish a notice.

(2) This notice shall be published four (4) weeks in succession in some newspaper published in the county where the land lies, if there is a newspaper published in the county or, if not, in the nearest newspaper having a bona fide circulation in the county.

(3) The notice shall call on all persons who can set up any right to the land so purchased in consequence of any informality or any irregularity connected with the sale to show cause, at the first term of the circuit court of the county after the publication of the notice, why the sale so made should not be confirmed.

(4) The notice shall state the authority under which the sale took place and give the description of the land purchased and the nature of the title by which it is held.

(b) The last insertion of the notice in the newspaper shall be at least twenty (20) days before the application for confirmation is submitted to the court for trial.

(c) Proof of the publication of the notice shall be made in the same manner as proof of publication of notices in other circuit court causes.

(d) The clerk of the court shall notify any delinquent tax owner or owners at their last known address by registered mail at least twenty (20) days before the application for confirmation is submitted to the court for trial.

Rev. Stat., ch. 149, § 2; Acts 1893, No. 95, § 1, p. 165; C. & M. Dig., §§ 8380-8382; Pope's Dig., §§ 10976- 10978; Acts 1951, No. 349, § 1; 1955, No. 264, § 2; A.S.A. 1947, § 34-1919; Acts 2005, No. 1962, § 77.
Ark. Code Ann. § 18-41-101 — AR Code / Title 18 / Chapter 41 / Section 18-41-101
Lien on crop - Period effective - Definition
Status: in_force

(a) Every landlord shall have a lien upon the crop grown upon the demised premises in any year for rent that shall accrue for the year. (b) (1) The lien is perfected and shall have priority over a conflicting security interest in or agricultural lien on the crop regardless of when the conflicting security interest or agricultural lien is perfected. (2) The lien shall continue for six (6) months after the last installment of rent under the rental agreement becomes due and payable, and no longer. (c) (1) As used in this section, "rent" means all payments to be made to the landlord under the rental agreement. (2) "Rent" includes a payment paid on behalf of the tenant by a government agency or other entity. Amended by Act 2017, No. 569,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 569,§ 1, eff. 8/1/2017. Acts 1868, No. 67, § 1, p. 245; C. & M. Dig., § 6889; Pope's Dig., § 8845; A.S.A. 1947, § 51-201; Acts 2003, No. 32, § 3.

(a) Every landlord shall have a lien upon the crop grown upon the demised premises in any year for rent that shall accrue for the year.

(b) (1) The lien is perfected and shall have priority over a conflicting security interest in or agricultural lien on the crop regardless of when the conflicting security interest or agricultural lien is perfected. (2) The lien shall continue for six (6) months after the last installment of rent under the rental agreement becomes due and payable, and no longer.

(1) The lien is perfected and shall have priority over a conflicting security interest in or agricultural lien on the crop regardless of when the conflicting security interest or agricultural lien is perfected.

(2) The lien shall continue for six (6) months after the last installment of rent under the rental agreement becomes due and payable, and no longer.

(c) (1) As used in this section, "rent" means all payments to be made to the landlord under the rental agreement. (2) "Rent" includes a payment paid on behalf of the tenant by a government agency or other entity.

(1) As used in this section, "rent" means all payments to be made to the landlord under the rental agreement.

(2) "Rent" includes a payment paid on behalf of the tenant by a government agency or other entity.

Amended by Act 2017, No. 569,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 569,§ 1, eff. 8/1/2017.

Acts 1868, No. 67, § 1, p. 245; C. & M. Dig., § 6889; Pope's Dig., § 8845; A.S.A. 1947, § 51-201; Acts 2003, No. 32, § 3.
Ark. Code Ann. § 18-15-503 — AR Code / Title 18 / Chapter 15 / Subchapter 5 / Section 18-15-503
Powers
Status: in_force

(a) (1) (A) An electric utility organized or domesticated under the laws of this state for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use may construct, operate, and maintain such lines of wire, cables, poles, or other structures necessary for the transmission or distribution of electricity and broadband services: (i) Along and over the public highways and the streets of the cities and towns of the state; (ii) Across or under the waters of the state; (iii) Over any lands or public works belonging to the state; (iv) On and over the lands of private individuals or other persons; (v) Upon, along, and parallel to any railroad or turnpike of the state; and (vi) On and over the bridges, trestles, and structures of railroads. (B) In constructing such dams as the electric utility may be authorized to construct for the purpose of generating electricity by water power, the electric utility may flow the lands above the dams with backwater resulting from construction. (2) (A) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed, nor the navigation of the waters impeded, and just damages shall be paid to the owners of such lands, railroads, and turnpikes. (B) The permission of the proper municipal authorities shall be obtained for the use of the streets. (b) (1) In the event that an electric utility, upon application to the individual, railroad, turnpike company, or other persons, should fail to secure by consent, contract, or agreement, a right-of-way for the purposes enumerated in subsection (a) of this section, then the electric utility shall have the right to proceed to procure the condemnation of the property, lands, rights, privileges, and easements in the manner prescribed in this subchapter. (2) However, an electric utility shall not be required to secure by consent, contract, or agreement or to procure by condemnation the right to provide broadband services over its own lines of wire, cables, poles, or other structures that are in service at the time that the electric utility provides broadband services over the lines of wire, cables, poles, or other structures. (c) Whenever an electric utility desires to construct its line on or along the lands of individuals or other persons or on the right-of-way and the structures of any railroad or upon and along any turnpike, the electric utility, by its agent, shall have the right to enter peacefully upon the lands, structures, or right-of-way and survey, locate, and lay out its line thereon, being liable, however, for any damage that may result by reason of the acts. Amended by Act 2013, No. 1130,§ 3, eff. 8/16/2013. Acts 1907, No. 120, §§ 1-3, p. 303; C. & M. Dig., §§ 4043-4045; Pope's Dig., §§ 5045-5047; A.S.A. 1947, §§ 35-301 -- 35-303; Acts 2001, No. 1291, § 3; 2007, No. 739, § 3.

(a) (1) (A) An electric utility organized or domesticated under the laws of this state for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use may construct, operate, and maintain such lines of wire, cables, poles, or other structures necessary for the transmission or distribution of electricity and broadband services: (i) Along and over the public highways and the streets of the cities and towns of the state; (ii) Across or under the waters of the state; (iii) Over any lands or public works belonging to the state; (iv) On and over the lands of private individuals or other persons; (v) Upon, along, and parallel to any railroad or turnpike of the state; and (vi) On and over the bridges, trestles, and structures of railroads. (B) In constructing such dams as the electric utility may be authorized to construct for the purpose of generating electricity by water power, the electric utility may flow the lands above the dams with backwater resulting from construction. (2) (A) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed, nor the navigation of the waters impeded, and just damages shall be paid to the owners of such lands, railroads, and turnpikes. (B) The permission of the proper municipal authorities shall be obtained for the use of the streets.

(1) (A) An electric utility organized or domesticated under the laws of this state for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use may construct, operate, and maintain such lines of wire, cables, poles, or other structures necessary for the transmission or distribution of electricity and broadband services: (i) Along and over the public highways and the streets of the cities and towns of the state; (ii) Across or under the waters of the state; (iii) Over any lands or public works belonging to the state; (iv) On and over the lands of private individuals or other persons; (v) Upon, along, and parallel to any railroad or turnpike of the state; and (vi) On and over the bridges, trestles, and structures of railroads. (B) In constructing such dams as the electric utility may be authorized to construct for the purpose of generating electricity by water power, the electric utility may flow the lands above the dams with backwater resulting from construction.

(A) An electric utility organized or domesticated under the laws of this state for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use may construct, operate, and maintain such lines of wire, cables, poles, or other structures necessary for the transmission or distribution of electricity and broadband services: (i) Along and over the public highways and the streets of the cities and towns of the state; (ii) Across or under the waters of the state; (iii) Over any lands or public works belonging to the state; (iv) On and over the lands of private individuals or other persons; (v) Upon, along, and parallel to any railroad or turnpike of the state; and (vi) On and over the bridges, trestles, and structures of railroads.

(i) Along and over the public highways and the streets of the cities and towns of the state;

(ii) Across or under the waters of the state;

(iii) Over any lands or public works belonging to the state;

(iv) On and over the lands of private individuals or other persons;

(v) Upon, along, and parallel to any railroad or turnpike of the state; and

(vi) On and over the bridges, trestles, and structures of railroads.

(B) In constructing such dams as the electric utility may be authorized to construct for the purpose of generating electricity by water power, the electric utility may flow the lands above the dams with backwater resulting from construction.

(2) (A) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed, nor the navigation of the waters impeded, and just damages shall be paid to the owners of such lands, railroads, and turnpikes. (B) The permission of the proper municipal authorities shall be obtained for the use of the streets.

(A) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed, nor the navigation of the waters impeded, and just damages shall be paid to the owners of such lands, railroads, and turnpikes.

(B) The permission of the proper municipal authorities shall be obtained for the use of the streets.

(b) (1) In the event that an electric utility, upon application to the individual, railroad, turnpike company, or other persons, should fail to secure by consent, contract, or agreement, a right-of-way for the purposes enumerated in subsection (a) of this section, then the electric utility shall have the right to proceed to procure the condemnation of the property, lands, rights, privileges, and easements in the manner prescribed in this subchapter. (2) However, an electric utility shall not be required to secure by consent, contract, or agreement or to procure by condemnation the right to provide broadband services over its own lines of wire, cables, poles, or other structures that are in service at the time that the electric utility provides broadband services over the lines of wire, cables, poles, or other structures.

(1) In the event that an electric utility, upon application to the individual, railroad, turnpike company, or other persons, should fail to secure by consent, contract, or agreement, a right-of-way for the purposes enumerated in subsection (a) of this section, then the electric utility shall have the right to proceed to procure the condemnation of the property, lands, rights, privileges, and easements in the manner prescribed in this subchapter.

(2) However, an electric utility shall not be required to secure by consent, contract, or agreement or to procure by condemnation the right to provide broadband services over its own lines of wire, cables, poles, or other structures that are in service at the time that the electric utility provides broadband services over the lines of wire, cables, poles, or other structures.

(c) Whenever an electric utility desires to construct its line on or along the lands of individuals or other persons or on the right-of-way and the structures of any railroad or upon and along any turnpike, the electric utility, by its agent, shall have the right to enter peacefully upon the lands, structures, or right-of-way and survey, locate, and lay out its line thereon, being liable, however, for any damage that may result by reason of the acts.

Amended by Act 2013, No. 1130,§ 3, eff. 8/16/2013.

Acts 1907, No. 120, §§ 1-3, p. 303; C. & M. Dig., §§ 4043-4045; Pope's Dig., §§ 5045-5047; A.S.A. 1947, §§ 35-301 -- 35-303; Acts 2001, No. 1291, § 3; 2007, No. 739, § 3.
Ark. Code Ann. § 18-12-105 — AR Code / Title 18 / Chapter 12 / Subchapter 1 / Section 18-12-105
Estate of fee simple presumed
Status: in_force

The term "heirs", or other words of inheritance, shall not be necessary to create or convey an estate in fee simple, but all deeds shall be construed to convey a complete estate of inheritance in fee simple unless expressly limited by appropriate words in the deed. Rev. Stat., ch. 31, § 3; C. & M. Dig., § 1497; Pope's Dig., § 1797; A.S.A. 1947, § 50-403.

The term "heirs", or other words of inheritance, shall not be necessary to create or convey an estate in fee simple, but all deeds shall be construed to convey a complete estate of inheritance in fee simple unless expressly limited by appropriate words in the deed.

Rev. Stat., ch. 31, § 3; C. & M. Dig., § 1497; Pope's Dig., § 1797; A.S.A. 1947, § 50-403.
Ark. Code Ann. § 18-14-202 — AR Code / Title 18 / Chapter 14 / Subchapter 2 / Section 18-14-202
Registration required
Status: in_force

(a) (1) (A) A developer shall not offer or dispose of a time-share interest unless the time-share plan is registered with the Arkansas Real Estate Commission. (B) However, a developer may accept a reservation together with a deposit if the deposit is: (i) Placed in an escrow account with an institution having trust powers; and (ii) Refundable to the purchaser at any time. (2) A reservation requires a subsequent affirmative act by the purchaser via a separate instrument to establish a binding obligation. (3) A developer shall not dispose of or transfer a time-share interest while an order revoking or suspending the registration of the time-share plan is in effect. (b) (1) An acquisition agent shall register the time-share plan for which it is providing prospective purchasers with the commission unless there is an effective registration of the plan filed with the commission by the developer. (2) An acquisition agent if other than the developer shall furnish to the commission: (A) Its principal office address and telephone number; (B) The name of its designated responsible managing employee; and (C) Any additional information the commission requires including evidence that a bond in an amount determined by the commission but not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company, corporate bond acceptable to the commission, or a cash bond with the commission to cover a violation of any solicitation ordinances, zoning ordinances, building codes, or other regulations governing the use of the premises in which the time-share plan is promoted. (3) Each acquisition agent shall renew the registration annually and pay a filing fee not to exceed one hundred fifty dollars ($150) for the registration and each renewal of the registration. (c) (1) A real estate principal broker shall register with the commission the time-share plan that it is selling unless there is an effective registration of the plan filed with the commission by the developer. (2) The real estate principal broker if other than the developer shall furnish to the commission: (A) Its principal office address and telephone number; (B) The name of its designated responsible managing employee; (C) Any special escrow accounts set up for the deposit and collection of purchasers' funds; and (D) Any additional information the commission requires, including evidence that a bond in an amount determined by the commission but not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company, corporate bond acceptable to the commission, or a cash bond with the commission to cover any defalcations of the real estate principal broker and any of its sales agents. (3) Each real estate principal broker shall renew its registration annually and pay a filing fee not to exceed one hundred fifty dollars ($150) for the registration and each renewal of the registration. (d) (1) A managing agent shall register with the commission the time-share plan that it is managing unless there is an effective registration of the plan filed with the commission by the developer. (2) The managing agent shall furnish to the commission: (A) Its principal office address and telephone number; (B) The name of its designated responsible managing employee; and (C) Any additional information the commission requires, including evidence that a bond in an amount determined by the commission but not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company, corporate bond acceptable to the commission, or a cash bond with the commission to cover any default of the managing agent of his or her duties and responsibilities. (3) Each managing agent shall renew the registration annually and pay a filing fee not to exceed one hundred fifty dollars ($150) for the registration and each renewal of the registration. (e) (1) If the acquisition agent, real estate principal broker, or management agent is under the control of, a subsidiary of, or affiliate of the developer, the bond of the broker or agent whether one (1) or more, can be consolidated and reduced to an amount determined by the commission but not to exceed seventy-five thousand dollars ($75,000) if there is a disclosure of the affiliation to the commission. (2) If the developer registers an additional time-share plan, including additional phases, in the existing time-share plan with the commission, the developer is not required to furnish an additional bond or increase the existing bond for the additional registration if the initial bond remains in effect. (f) (1) An exchange agent shall file a statement with the commission containing: (A) A list of the time-share plans or properties that it is offering exchange services for; (B) Its principal office address and telephone number; and (C) The name of its designated responsible managing employee or its contact person. (2) Each exchange agent shall renew his or her registration annually and pay a filing fee not to exceed one hundred fifty dollars ($150) for the registration and each renewal thereof of the registration. (g) The acquisition agent and real estate principal broker shall each maintain their respective records of any employees or independent contractors employed by them, their addresses, and the commissions paid for the immediately preceding two (2) calendar years. (h) Any interest earned on a bond or a bond substitute, whether cash, certificate of deposit, bank account, security, or other instrument, while on deposit with or for the benefit of the commission becomes the separate property of the commission and is deposited into the Real Estate Recovery Fund in § 17-42-403 . (i) A filing fee may be discounted for an applicant that submits the required filings using the Association of Real Estate License Law Officials' web-based document management program. (j) (1) A time-share interest transfer services provider shall: (A) Register with the commission on forms prescribed by the commission; (B) Furnish to the commission: (i) The time-share interest transfer services provider's principal office address and telephone number; (ii) The name of the time-share interest transfer services provider's designated responsible managing employee; (iii) Any special escrow accounts set up for the deposit and collection of funds received from a consumer time-share reseller; (iv) (a) Unless the time-share interest transfer services provider is a broker with a permanent office in the state, the dates when and locations where the time-share interest transfer services provider plans to meet with a consumer time-share reseller and the names of all the representatives of the time-share interest transfer services provider who will be at the meeting. (b) The information required under subdivision (j)(1)(B)(iv) (a) of this section shall be provided no later than fifteen (15) days before the date of the meeting; and (v) (a) Any additional information the commission requires, including without limitation evidence of a: (1) Bond in an amount determined by the commission not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company; (2) Corporate bond acceptable to the commission; or (3) Cash bond with the commission to cover any misappropriations of funds of the time-share interest transfer services provider and any of the time-share interest transfer services provider's employees or associates. (b) A broker that provides time-share interest transfer services may provide proof of errors and omissions insurance in lieu of a bond. (c) This subsection shall not apply to a broker that maintained a place of business inside the state under § 17-42-309 before July 28, 2021; and (C) Pay a filing fee not to exceed one hundred fifty dollars ($150) to register as required by subdivision (j)(2) of this section and for each annual renewal of the registration. (2) (A) It is unlawful to perform the activities of a time-share interest transfer services provider individually or as an officer, agent, employee, or member of a firm, corporation, partnership, copartnership, association, limited liability company, or other entity without registering with the commission under this subsection. (B) A commissioner of the commission, the Executive Director of the Arkansas Real Estate Commission, a commissioner's designee, the executive director's designee, or any licensee residing in the county where the violation occurred may by affidavit institute criminal proceedings for a violation of this subsection without filing a bond for costs. (C) The prosecuting attorney for each county shall prosecute any violation of this subsection that occurs in his or her county. (D) A time-share interest transfer services provider, an agent, or a third-party services provider for the time-share interest transfer services provider that violates this subsection is guilty of a Class D felony. (E) This subsection does not apply to the transfer of ownership of a time-share interest from a consumer time-share reseller to: (i) The developer or managing agent of that time-share plan without the assistance of a time-share interest services provider; or (ii) A consumer time-share reseller who acquires a time-share interest or time-share interests for his or her own use and occupancy and who later offers the time-share interest or time-share interests for rent or offers for resale in a given calendar year seven (7) or fewer of the time-share interests that he or she acquired for his or her own use and occupancy. (F) Only an attorney who is licensed to practice in the State of Arkansas may offer services to a consumer time-share reseller in connection with an involuntary transfer, or proposed involuntary transfer, of a consumer time-share reseller's time-share interest. (G) The commission, upon learning that an unregistered person or entity has arranged to provide time-share interest transfer services at a location in the state, shall attempt to notify any person that is providing a physical location for the activity that the planned activity may be unlawful and that law enforcement or regulatory officials may appear on-site before or during the event. (k) (1) A violation of this section shall constitute an unfair or deceptive act or practice under the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., are available to the Attorney General for the enforcement of this section. (3) The prosecuting attorneys of the various districts and counties of this state shall also have full authority to enforce the provisions of this section. Amended by Act 2021, No. 733,§ 2, eff. 7/28/2021. Amended by Act 2013, No. 710,§ 2, eff. 8/16/2013. Acts 1983, No. 294, Art. 4, § 4-102; 1983, No. 765, § 2; A.S.A. 1947, § 50-1326; Acts 1989, No. 44, § 1.

(a) (1) (A) A developer shall not offer or dispose of a time-share interest unless the time-share plan is registered with the Arkansas Real Estate Commission. (B) However, a developer may accept a reservation together with a deposit if the deposit is: (i) Placed in an escrow account with an institution having trust powers; and (ii) Refundable to the purchaser at any time. (2) A reservation requires a subsequent affirmative act by the purchaser via a separate instrument to establish a binding obligation. (3) A developer shall not dispose of or transfer a time-share interest while an order revoking or suspending the registration of the time-share plan is in effect.

(1) (A) A developer shall not offer or dispose of a time-share interest unless the time-share plan is registered with the Arkansas Real Estate Commission. (B) However, a developer may accept a reservation together with a deposit if the deposit is: (i) Placed in an escrow account with an institution having trust powers; and (ii) Refundable to the purchaser at any time.

(A) A developer shall not offer or dispose of a time-share interest unless the time-share plan is registered with the Arkansas Real Estate Commission.

(B) However, a developer may accept a reservation together with a deposit if the deposit is: (i) Placed in an escrow account with an institution having trust powers; and (ii) Refundable to the purchaser at any time.

(i) Placed in an escrow account with an institution having trust powers; and

(ii) Refundable to the purchaser at any time.

(2) A reservation requires a subsequent affirmative act by the purchaser via a separate instrument to establish a binding obligation.

(3) A developer shall not dispose of or transfer a time-share interest while an order revoking or suspending the registration of the time-share plan is in effect.

(b) (1) An acquisition agent shall register the time-share plan for which it is providing prospective purchasers with the commission unless there is an effective registration of the plan filed with the commission by the developer. (2) An acquisition agent if other than the developer shall furnish to the commission: (A) Its principal office address and telephone number; (B) The name of its designated responsible managing employee; and (C) Any additional information the commission requires including evidence that a bond in an amount determined by the commission but not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company, corporate bond acceptable to the commission, or a cash bond with the commission to cover a violation of any solicitation ordinances, zoning ordinances, building codes, or other regulations governing the use of the premises in which the time-share plan is promoted. (3) Each acquisition agent shall renew the registration annually and pay a filing fee not to exceed one hundred fifty dollars ($150) for the registration and each renewal of the registration.

(1) An acquisition agent shall register the time-share plan for which it is providing prospective purchasers with the commission unless there is an effective registration of the plan filed with the commission by the developer.

(2) An acquisition agent if other than the developer shall furnish to the commission: (A) Its principal office address and telephone number; (B) The name of its designated responsible managing employee; and (C) Any additional information the commission requires including evidence that a bond in an amount determined by the commission but not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company, corporate bond acceptable to the commission, or a cash bond with the commission to cover a violation of any solicitation ordinances, zoning ordinances, building codes, or other regulations governing the use of the premises in which the time-share plan is promoted.

(A) Its principal office address and telephone number;

(B) The name of its designated responsible managing employee; and

(C) Any additional information the commission requires including evidence that a bond in an amount determined by the commission but not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company, corporate bond acceptable to the commission, or a cash bond with the commission to cover a violation of any solicitation ordinances, zoning ordinances, building codes, or other regulations governing the use of the premises in which the time-share plan is promoted.

(3) Each acquisition agent shall renew the registration annually and pay a filing fee not to exceed one hundred fifty dollars ($150) for the registration and each renewal of the registration.

(c) (1) A real estate principal broker shall register with the commission the time-share plan that it is selling unless there is an effective registration of the plan filed with the commission by the developer. (2) The real estate principal broker if other than the developer shall furnish to the commission: (A) Its principal office address and telephone number; (B) The name of its designated responsible managing employee; (C) Any special escrow accounts set up for the deposit and collection of purchasers' funds; and (D) Any additional information the commission requires, including evidence that a bond in an amount determined by the commission but not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company, corporate bond acceptable to the commission, or a cash bond with the commission to cover any defalcations of the real estate principal broker and any of its sales agents. (3) Each real estate principal broker shall renew its registration annually and pay a filing fee not to exceed one hundred fifty dollars ($150) for the registration and each renewal of the registration.

(1) A real estate principal broker shall register with the commission the time-share plan that it is selling unless there is an effective registration of the plan filed with the commission by the developer.

(2) The real estate principal broker if other than the developer shall furnish to the commission: (A) Its principal office address and telephone number; (B) The name of its designated responsible managing employee; (C) Any special escrow accounts set up for the deposit and collection of purchasers' funds; and (D) Any additional information the commission requires, including evidence that a bond in an amount determined by the commission but not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company, corporate bond acceptable to the commission, or a cash bond with the commission to cover any defalcations of the real estate principal broker and any of its sales agents.

(A) Its principal office address and telephone number;

(B) The name of its designated responsible managing employee;

(C) Any special escrow accounts set up for the deposit and collection of purchasers' funds; and

(D) Any additional information the commission requires, including evidence that a bond in an amount determined by the commission but not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company, corporate bond acceptable to the commission, or a cash bond with the commission to cover any defalcations of the real estate principal broker and any of its sales agents.

(3) Each real estate principal broker shall renew its registration annually and pay a filing fee not to exceed one hundred fifty dollars ($150) for the registration and each renewal of the registration.

(d) (1) A managing agent shall register with the commission the time-share plan that it is managing unless there is an effective registration of the plan filed with the commission by the developer. (2) The managing agent shall furnish to the commission: (A) Its principal office address and telephone number; (B) The name of its designated responsible managing employee; and (C) Any additional information the commission requires, including evidence that a bond in an amount determined by the commission but not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company, corporate bond acceptable to the commission, or a cash bond with the commission to cover any default of the managing agent of his or her duties and responsibilities. (3) Each managing agent shall renew the registration annually and pay a filing fee not to exceed one hundred fifty dollars ($150) for the registration and each renewal of the registration.

(1) A managing agent shall register with the commission the time-share plan that it is managing unless there is an effective registration of the plan filed with the commission by the developer.

(2) The managing agent shall furnish to the commission: (A) Its principal office address and telephone number; (B) The name of its designated responsible managing employee; and (C) Any additional information the commission requires, including evidence that a bond in an amount determined by the commission but not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company, corporate bond acceptable to the commission, or a cash bond with the commission to cover any default of the managing agent of his or her duties and responsibilities.

(A) Its principal office address and telephone number;

(B) The name of its designated responsible managing employee; and

(C) Any additional information the commission requires, including evidence that a bond in an amount determined by the commission but not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company, corporate bond acceptable to the commission, or a cash bond with the commission to cover any default of the managing agent of his or her duties and responsibilities.

(3) Each managing agent shall renew the registration annually and pay a filing fee not to exceed one hundred fifty dollars ($150) for the registration and each renewal of the registration.

(e) (1) If the acquisition agent, real estate principal broker, or management agent is under the control of, a subsidiary of, or affiliate of the developer, the bond of the broker or agent whether one (1) or more, can be consolidated and reduced to an amount determined by the commission but not to exceed seventy-five thousand dollars ($75,000) if there is a disclosure of the affiliation to the commission. (2) If the developer registers an additional time-share plan, including additional phases, in the existing time-share plan with the commission, the developer is not required to furnish an additional bond or increase the existing bond for the additional registration if the initial bond remains in effect.

(1) If the acquisition agent, real estate principal broker, or management agent is under the control of, a subsidiary of, or affiliate of the developer, the bond of the broker or agent whether one (1) or more, can be consolidated and reduced to an amount determined by the commission but not to exceed seventy-five thousand dollars ($75,000) if there is a disclosure of the affiliation to the commission.

(2) If the developer registers an additional time-share plan, including additional phases, in the existing time-share plan with the commission, the developer is not required to furnish an additional bond or increase the existing bond for the additional registration if the initial bond remains in effect.

(f) (1) An exchange agent shall file a statement with the commission containing: (A) A list of the time-share plans or properties that it is offering exchange services for; (B) Its principal office address and telephone number; and (C) The name of its designated responsible managing employee or its contact person. (2) Each exchange agent shall renew his or her registration annually and pay a filing fee not to exceed one hundred fifty dollars ($150) for the registration and each renewal thereof of the registration.

(1) An exchange agent shall file a statement with the commission containing: (A) A list of the time-share plans or properties that it is offering exchange services for; (B) Its principal office address and telephone number; and (C) The name of its designated responsible managing employee or its contact person.

(A) A list of the time-share plans or properties that it is offering exchange services for;

(B) Its principal office address and telephone number; and

(C) The name of its designated responsible managing employee or its contact person.

(2) Each exchange agent shall renew his or her registration annually and pay a filing fee not to exceed one hundred fifty dollars ($150) for the registration and each renewal thereof of the registration.

(g) The acquisition agent and real estate principal broker shall each maintain their respective records of any employees or independent contractors employed by them, their addresses, and the commissions paid for the immediately preceding two (2) calendar years.

(h) Any interest earned on a bond or a bond substitute, whether cash, certificate of deposit, bank account, security, or other instrument, while on deposit with or for the benefit of the commission becomes the separate property of the commission and is deposited into the Real Estate Recovery Fund in § 17-42-403 .

(i) A filing fee may be discounted for an applicant that submits the required filings using the Association of Real Estate License Law Officials' web-based document management program.

(j) (1) A time-share interest transfer services provider shall: (A) Register with the commission on forms prescribed by the commission; (B) Furnish to the commission: (i) The time-share interest transfer services provider's principal office address and telephone number; (ii) The name of the time-share interest transfer services provider's designated responsible managing employee; (iii) Any special escrow accounts set up for the deposit and collection of funds received from a consumer time-share reseller; (iv) (a) Unless the time-share interest transfer services provider is a broker with a permanent office in the state, the dates when and locations where the time-share interest transfer services provider plans to meet with a consumer time-share reseller and the names of all the representatives of the time-share interest transfer services provider who will be at the meeting. (b) The information required under subdivision (j)(1)(B)(iv) (a) of this section shall be provided no later than fifteen (15) days before the date of the meeting; and (v) (a) Any additional information the commission requires, including without limitation evidence of a: (1) Bond in an amount determined by the commission not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company; (2) Corporate bond acceptable to the commission; or (3) Cash bond with the commission to cover any misappropriations of funds of the time-share interest transfer services provider and any of the time-share interest transfer services provider's employees or associates. (b) A broker that provides time-share interest transfer services may provide proof of errors and omissions insurance in lieu of a bond. (c) This subsection shall not apply to a broker that maintained a place of business inside the state under § 17-42-309 before July 28, 2021; and (C) Pay a filing fee not to exceed one hundred fifty dollars ($150) to register as required by subdivision (j)(2) of this section and for each annual renewal of the registration. (2) (A) It is unlawful to perform the activities of a time-share interest transfer services provider individually or as an officer, agent, employee, or member of a firm, corporation, partnership, copartnership, association, limited liability company, or other entity without registering with the commission under this subsection. (B) A commissioner of the commission, the Executive Director of the Arkansas Real Estate Commission, a commissioner's designee, the executive director's designee, or any licensee residing in the county where the violation occurred may by affidavit institute criminal proceedings for a violation of this subsection without filing a bond for costs. (C) The prosecuting attorney for each county shall prosecute any violation of this subsection that occurs in his or her county. (D) A time-share interest transfer services provider, an agent, or a third-party services provider for the time-share interest transfer services provider that violates this subsection is guilty of a Class D felony. (E) This subsection does not apply to the transfer of ownership of a time-share interest from a consumer time-share reseller to: (i) The developer or managing agent of that time-share plan without the assistance of a time-share interest services provider; or (ii) A consumer time-share reseller who acquires a time-share interest or time-share interests for his or her own use and occupancy and who later offers the time-share interest or time-share interests for rent or offers for resale in a given calendar year seven (7) or fewer of the time-share interests that he or she acquired for his or her own use and occupancy. (F) Only an attorney who is licensed to practice in the State of Arkansas may offer services to a consumer time-share reseller in connection with an involuntary transfer, or proposed involuntary transfer, of a consumer time-share reseller's time-share interest. (G) The commission, upon learning that an unregistered person or entity has arranged to provide time-share interest transfer services at a location in the state, shall attempt to notify any person that is providing a physical location for the activity that the planned activity may be unlawful and that law enforcement or regulatory officials may appear on-site before or during the event.

(1) A time-share interest transfer services provider shall: (A) Register with the commission on forms prescribed by the commission; (B) Furnish to the commission: (i) The time-share interest transfer services provider's principal office address and telephone number; (ii) The name of the time-share interest transfer services provider's designated responsible managing employee; (iii) Any special escrow accounts set up for the deposit and collection of funds received from a consumer time-share reseller; (iv) (a) Unless the time-share interest transfer services provider is a broker with a permanent office in the state, the dates when and locations where the time-share interest transfer services provider plans to meet with a consumer time-share reseller and the names of all the representatives of the time-share interest transfer services provider who will be at the meeting. (b) The information required under subdivision (j)(1)(B)(iv) (a) of this section shall be provided no later than fifteen (15) days before the date of the meeting; and (v) (a) Any additional information the commission requires, including without limitation evidence of a: (1) Bond in an amount determined by the commission not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company; (2) Corporate bond acceptable to the commission; or (3) Cash bond with the commission to cover any misappropriations of funds of the time-share interest transfer services provider and any of the time-share interest transfer services provider's employees or associates. (b) A broker that provides time-share interest transfer services may provide proof of errors and omissions insurance in lieu of a bond. (c) This subsection shall not apply to a broker that maintained a place of business inside the state under § 17-42-309 before July 28, 2021; and (C) Pay a filing fee not to exceed one hundred fifty dollars ($150) to register as required by subdivision (j)(2) of this section and for each annual renewal of the registration.

(A) Register with the commission on forms prescribed by the commission;

(B) Furnish to the commission: (i) The time-share interest transfer services provider's principal office address and telephone number; (ii) The name of the time-share interest transfer services provider's designated responsible managing employee; (iii) Any special escrow accounts set up for the deposit and collection of funds received from a consumer time-share reseller; (iv) (a) Unless the time-share interest transfer services provider is a broker with a permanent office in the state, the dates when and locations where the time-share interest transfer services provider plans to meet with a consumer time-share reseller and the names of all the representatives of the time-share interest transfer services provider who will be at the meeting. (b) The information required under subdivision (j)(1)(B)(iv) (a) of this section shall be provided no later than fifteen (15) days before the date of the meeting; and (v) (a) Any additional information the commission requires, including without limitation evidence of a: (1) Bond in an amount determined by the commission not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company; (2) Corporate bond acceptable to the commission; or (3) Cash bond with the commission to cover any misappropriations of funds of the time-share interest transfer services provider and any of the time-share interest transfer services provider's employees or associates. (b) A broker that provides time-share interest transfer services may provide proof of errors and omissions insurance in lieu of a bond. (c) This subsection shall not apply to a broker that maintained a place of business inside the state under § 17-42-309 before July 28, 2021; and

(i) The time-share interest transfer services provider's principal office address and telephone number;

(ii) The name of the time-share interest transfer services provider's designated responsible managing employee;

(iii) Any special escrow accounts set up for the deposit and collection of funds received from a consumer time-share reseller;

(iv) (a) Unless the time-share interest transfer services provider is a broker with a permanent office in the state, the dates when and locations where the time-share interest transfer services provider plans to meet with a consumer time-share reseller and the names of all the representatives of the time-share interest transfer services provider who will be at the meeting. (b) The information required under subdivision (j)(1)(B)(iv) (a) of this section shall be provided no later than fifteen (15) days before the date of the meeting; and

(a) Unless the time-share interest transfer services provider is a broker with a permanent office in the state, the dates when and locations where the time-share interest transfer services provider plans to meet with a consumer time-share reseller and the names of all the representatives of the time-share interest transfer services provider who will be at the meeting.

(b) The information required under subdivision (j)(1)(B)(iv) (a) of this section shall be provided no later than fifteen (15) days before the date of the meeting; and

(v) (a) Any additional information the commission requires, including without limitation evidence of a: (1) Bond in an amount determined by the commission not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company; (2) Corporate bond acceptable to the commission; or (3) Cash bond with the commission to cover any misappropriations of funds of the time-share interest transfer services provider and any of the time-share interest transfer services provider's employees or associates. (b) A broker that provides time-share interest transfer services may provide proof of errors and omissions insurance in lieu of a bond. (c) This subsection shall not apply to a broker that maintained a place of business inside the state under § 17-42-309 before July 28, 2021; and

(a) Any additional information the commission requires, including without limitation evidence of a: (1) Bond in an amount determined by the commission not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company; (2) Corporate bond acceptable to the commission; or (3) Cash bond with the commission to cover any misappropriations of funds of the time-share interest transfer services provider and any of the time-share interest transfer services provider's employees or associates.

(1) Bond in an amount determined by the commission not to exceed twenty-five thousand dollars ($25,000) has been placed with a surety company;

(2) Corporate bond acceptable to the commission; or

(3) Cash bond with the commission to cover any misappropriations of funds of the time-share interest transfer services provider and any of the time-share interest transfer services provider's employees or associates.

(b) A broker that provides time-share interest transfer services may provide proof of errors and omissions insurance in lieu of a bond.

(c) This subsection shall not apply to a broker that maintained a place of business inside the state under § 17-42-309 before July 28, 2021; and

(C) Pay a filing fee not to exceed one hundred fifty dollars ($150) to register as required by subdivision (j)(2) of this section and for each annual renewal of the registration.

(2) (A) It is unlawful to perform the activities of a time-share interest transfer services provider individually or as an officer, agent, employee, or member of a firm, corporation, partnership, copartnership, association, limited liability company, or other entity without registering with the commission under this subsection. (B) A commissioner of the commission, the Executive Director of the Arkansas Real Estate Commission, a commissioner's designee, the executive director's designee, or any licensee residing in the county where the violation occurred may by affidavit institute criminal proceedings for a violation of this subsection without filing a bond for costs. (C) The prosecuting attorney for each county shall prosecute any violation of this subsection that occurs in his or her county. (D) A time-share interest transfer services provider, an agent, or a third-party services provider for the time-share interest transfer services provider that violates this subsection is guilty of a Class D felony. (E) This subsection does not apply to the transfer of ownership of a time-share interest from a consumer time-share reseller to: (i) The developer or managing agent of that time-share plan without the assistance of a time-share interest services provider; or (ii) A consumer time-share reseller who acquires a time-share interest or time-share interests for his or her own use and occupancy and who later offers the time-share interest or time-share interests for rent or offers for resale in a given calendar year seven (7) or fewer of the time-share interests that he or she acquired for his or her own use and occupancy. (F) Only an attorney who is licensed to practice in the State of Arkansas may offer services to a consumer time-share reseller in connection with an involuntary transfer, or proposed involuntary transfer, of a consumer time-share reseller's time-share interest. (G) The commission, upon learning that an unregistered person or entity has arranged to provide time-share interest transfer services at a location in the state, shall attempt to notify any person that is providing a physical location for the activity that the planned activity may be unlawful and that law enforcement or regulatory officials may appear on-site before or during the event.

(A) It is unlawful to perform the activities of a time-share interest transfer services provider individually or as an officer, agent, employee, or member of a firm, corporation, partnership, copartnership, association, limited liability company, or other entity without registering with the commission under this subsection.

(B) A commissioner of the commission, the Executive Director of the Arkansas Real Estate Commission, a commissioner's designee, the executive director's designee, or any licensee residing in the county where the violation occurred may by affidavit institute criminal proceedings for a violation of this subsection without filing a bond for costs.

(C) The prosecuting attorney for each county shall prosecute any violation of this subsection that occurs in his or her county.

(D) A time-share interest transfer services provider, an agent, or a third-party services provider for the time-share interest transfer services provider that violates this subsection is guilty of a Class D felony.

(E) This subsection does not apply to the transfer of ownership of a time-share interest from a consumer time-share reseller to: (i) The developer or managing agent of that time-share plan without the assistance of a time-share interest services provider; or (ii) A consumer time-share reseller who acquires a time-share interest or time-share interests for his or her own use and occupancy and who later offers the time-share interest or time-share interests for rent or offers for resale in a given calendar year seven (7) or fewer of the time-share interests that he or she acquired for his or her own use and occupancy.

(i) The developer or managing agent of that time-share plan without the assistance of a time-share interest services provider; or

(ii) A consumer time-share reseller who acquires a time-share interest or time-share interests for his or her own use and occupancy and who later offers the time-share interest or time-share interests for rent or offers for resale in a given calendar year seven (7) or fewer of the time-share interests that he or she acquired for his or her own use and occupancy.

(F) Only an attorney who is licensed to practice in the State of Arkansas may offer services to a consumer time-share reseller in connection with an involuntary transfer, or proposed involuntary transfer, of a consumer time-share reseller's time-share interest.

(G) The commission, upon learning that an unregistered person or entity has arranged to provide time-share interest transfer services at a location in the state, shall attempt to notify any person that is providing a physical location for the activity that the planned activity may be unlawful and that law enforcement or regulatory officials may appear on-site before or during the event.

(k) (1) A violation of this section shall constitute an unfair or deceptive act or practice under the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., are available to the Attorney General for the enforcement of this section. (3) The prosecuting attorneys of the various districts and counties of this state shall also have full authority to enforce the provisions of this section.

(1) A violation of this section shall constitute an unfair or deceptive act or practice under the Deceptive Trade Practices Act, § 4-88-101 et seq.

(2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., are available to the Attorney General for the enforcement of this section.

(3) The prosecuting attorneys of the various districts and counties of this state shall also have full authority to enforce the provisions of this section.

Amended by Act 2021, No. 733,§ 2, eff. 7/28/2021.

Amended by Act 2013, No. 710,§ 2, eff. 8/16/2013.

Acts 1983, No. 294, Art. 4, § 4-102; 1983, No. 765, § 2; A.S.A. 1947, § 50-1326; Acts 1989, No. 44, § 1.
Ark. Code Ann. § 18-11-110 — AR Code / Title 18 / Chapter 11 / Subchapter 1 / Section 18-11-110
Land ownership by prohibited foreign-party-controlled business prohibited - Definitions
Status: in_force

(a) As used in this section: (1) "Controlling interest" means an ownership interest of fifty percent (50%) or more, in the aggregate; (2) "Prohibited foreign party" means the same as in § 18-11-802 ; and (3) "Prohibited foreign-party-controlled business" means a corporation, company, association, firm, partnership, society, joint-stock company, trust, estate, or other legal entity whose controlling interest is owned by a prohibited foreign party. (b) (1) A prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise any interest in public or private land in this state. (2) A party may not hold public or private land as an agent, trustee, or other fiduciary for a prohibited foreign-party-controlled business in violation of this section. (c) (1) A prohibited foreign-party-controlled business entity in violation of this section shall have two (2) years to divest of the public or private land. (2) If a prohibited foreign-party-controlled business entity does not divest the public or private land as required by subdivision (c)(1) of this section, the Attorney General shall commence an action in the circuit court within the jurisdiction of the public or private land. (3) (A) If the public or private land is held in violation of this section, the circuit court shall order that the public or private land be sold through judicial foreclosure. (B) Proceeds of the sale shall be disbursed to lien holders, in the order of priority, except for liens which under the terms of the sale are to remain on the public or private land. (4) The Attorney General shall promptly record a copy of the following in the local land records: (A) Upon commencement, notice of the pendency of an action brought under subdivision (c)(2) of this section; and (B) The order for the sale of the public or private land under subdivision (c)(3)(A) of this section. (d) A prohibited foreign-party-controlled business entity shall upon conviction be guilty of a felony punishable by not more than two (2) years' imprisonment in the custody of the Division of Correction or a fine of fifteen thousand dollars ($15,000), or both. (e) It is an affirmative defense to prosecution under this section that a prohibited foreign-party-controlled business entity is a resident alien of the State of Arkansas. (f) Title to public or private land is not invalid or subject to divestiture due to a violation of this section by: (1) Any former owner; or (2) Another person holding or owning a former interest in the public or private land. (g) No person not subject to this section shall be required to determine or inquire into whether another person is or may be subject to this section. Added by Act 2023, No. 636,§ 2, eff. 8/1/2023.

(a) As used in this section: (1) "Controlling interest" means an ownership interest of fifty percent (50%) or more, in the aggregate; (2) "Prohibited foreign party" means the same as in § 18-11-802 ; and (3) "Prohibited foreign-party-controlled business" means a corporation, company, association, firm, partnership, society, joint-stock company, trust, estate, or other legal entity whose controlling interest is owned by a prohibited foreign party.

(1) "Controlling interest" means an ownership interest of fifty percent (50%) or more, in the aggregate;

(2) "Prohibited foreign party" means the same as in § 18-11-802 ; and

(3) "Prohibited foreign-party-controlled business" means a corporation, company, association, firm, partnership, society, joint-stock company, trust, estate, or other legal entity whose controlling interest is owned by a prohibited foreign party.

(b) (1) A prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise any interest in public or private land in this state. (2) A party may not hold public or private land as an agent, trustee, or other fiduciary for a prohibited foreign-party-controlled business in violation of this section.

(1) A prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise any interest in public or private land in this state.

(2) A party may not hold public or private land as an agent, trustee, or other fiduciary for a prohibited foreign-party-controlled business in violation of this section.

(c) (1) A prohibited foreign-party-controlled business entity in violation of this section shall have two (2) years to divest of the public or private land. (2) If a prohibited foreign-party-controlled business entity does not divest the public or private land as required by subdivision (c)(1) of this section, the Attorney General shall commence an action in the circuit court within the jurisdiction of the public or private land. (3) (A) If the public or private land is held in violation of this section, the circuit court shall order that the public or private land be sold through judicial foreclosure. (B) Proceeds of the sale shall be disbursed to lien holders, in the order of priority, except for liens which under the terms of the sale are to remain on the public or private land. (4) The Attorney General shall promptly record a copy of the following in the local land records: (A) Upon commencement, notice of the pendency of an action brought under subdivision (c)(2) of this section; and (B) The order for the sale of the public or private land under subdivision (c)(3)(A) of this section.

(1) A prohibited foreign-party-controlled business entity in violation of this section shall have two (2) years to divest of the public or private land.

(2) If a prohibited foreign-party-controlled business entity does not divest the public or private land as required by subdivision (c)(1) of this section, the Attorney General shall commence an action in the circuit court within the jurisdiction of the public or private land.

(3) (A) If the public or private land is held in violation of this section, the circuit court shall order that the public or private land be sold through judicial foreclosure. (B) Proceeds of the sale shall be disbursed to lien holders, in the order of priority, except for liens which under the terms of the sale are to remain on the public or private land.

(A) If the public or private land is held in violation of this section, the circuit court shall order that the public or private land be sold through judicial foreclosure.

(B) Proceeds of the sale shall be disbursed to lien holders, in the order of priority, except for liens which under the terms of the sale are to remain on the public or private land.

(4) The Attorney General shall promptly record a copy of the following in the local land records: (A) Upon commencement, notice of the pendency of an action brought under subdivision (c)(2) of this section; and (B) The order for the sale of the public or private land under subdivision (c)(3)(A) of this section.

(A) Upon commencement, notice of the pendency of an action brought under subdivision (c)(2) of this section; and

(B) The order for the sale of the public or private land under subdivision (c)(3)(A) of this section.

(d) A prohibited foreign-party-controlled business entity shall upon conviction be guilty of a felony punishable by not more than two (2) years' imprisonment in the custody of the Division of Correction or a fine of fifteen thousand dollars ($15,000), or both.

(e) It is an affirmative defense to prosecution under this section that a prohibited foreign-party-controlled business entity is a resident alien of the State of Arkansas.

(f) Title to public or private land is not invalid or subject to divestiture due to a violation of this section by: (1) Any former owner; or (2) Another person holding or owning a former interest in the public or private land.

(1) Any former owner; or

(2) Another person holding or owning a former interest in the public or private land.

(g) No person not subject to this section shall be required to determine or inquire into whether another person is or may be subject to this section.

Added by Act 2023, No. 636,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 18-60-105 — AR Code / Title 18 / Chapter 60 / Subchapter 1 / Section 18-60-105
Improvements erroneously placed on adjoining lands
Status: in_force

(a) In all cases in which fences, buildings, or other improvements that may be moved have been erroneously placed or erected on lands adjoining land on which the fences, buildings, or other improvements were intended to be erected, the owner of the fences, buildings, or other improvements shall have twelve (12) months' time from the date of the discovery of the erroneous placing of the fences, buildings, or other improvements on the adjoining lands to remove the improvements and place them on his or her own land or premises. (b) The owner of the fences, buildings, or other improvements so placed erroneously on the adjoining lands shall not be held responsible for any damages to the owner of the adjoining lands on which the fences, buildings, or other improvements were erected by reason of the erroneous erecting or building of the fences, buildings, or other improvements on the adjoining lands. Acts 1921, No. 224, § 2; Pope's Dig., § 5782; A.S.A. 1947, § 50-103.

(a) In all cases in which fences, buildings, or other improvements that may be moved have been erroneously placed or erected on lands adjoining land on which the fences, buildings, or other improvements were intended to be erected, the owner of the fences, buildings, or other improvements shall have twelve (12) months' time from the date of the discovery of the erroneous placing of the fences, buildings, or other improvements on the adjoining lands to remove the improvements and place them on his or her own land or premises.

(b) The owner of the fences, buildings, or other improvements so placed erroneously on the adjoining lands shall not be held responsible for any damages to the owner of the adjoining lands on which the fences, buildings, or other improvements were erected by reason of the erroneous erecting or building of the fences, buildings, or other improvements on the adjoining lands.

Acts 1921, No. 224, § 2; Pope's Dig., § 5782; A.S.A. 1947, § 50-103.
Ark. Code Ann. § 18-17-903 — AR Code / Title 18 / Chapter 17 / Subchapter 9 / Section 18-17-903
Service of order - Posting and mailing requirements
Status: in_force

(a) The copy of the order to vacate under § 18-17-902 may be served in the manner as is provided by law for the service of the summons in actions pending in the district court of this state. (b) When service in accordance with subsection (a) of this section has been unsuccessfully attempted and no person is found in possession of the premises, the copy of the order to vacate may be served by leaving it affixed to the most conspicuous part of the premises. Acts 2007, No. 1004, § 1; 2009, No. 311, § 5.

(a) The copy of the order to vacate under § 18-17-902 may be served in the manner as is provided by law for the service of the summons in actions pending in the district court of this state.

(b) When service in accordance with subsection (a) of this section has been unsuccessfully attempted and no person is found in possession of the premises, the copy of the order to vacate may be served by leaving it affixed to the most conspicuous part of the premises.

Acts 2007, No. 1004, § 1; 2009, No. 311, § 5.
Ark. Code Ann. § 18-60-707 — AR Code / Title 18 / Chapter 60 / Subchapter 7 / Section 18-60-707
Effect of decree
Status: in_force

The decree in any such cause shall be an absolute bar as against the title of any railroad, its successors and assigns, and the person deeding or claimed to have deeded, granted, donated, or subscribed the lands to the railroads, his or her heirs and assigns, and all others claiming the lands by, through, or under them, or either of them. Acts 1911, No. 267, § 5; C. & M. Dig., § 8378; Pope's Dig., § 10974; A.S.A. 1947, § 34-1917.

The decree in any such cause shall be an absolute bar as against the title of any railroad, its successors and assigns, and the person deeding or claimed to have deeded, granted, donated, or subscribed the lands to the railroads, his or her heirs and assigns, and all others claiming the lands by, through, or under them, or either of them.

Acts 1911, No. 267, § 5; C. & M. Dig., § 8378; Pope's Dig., § 10974; A.S.A. 1947, § 34-1917.
Ark. Code Ann. § 18-44-110 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-110
Preference over prior liens - Exception
Status: in_force

(a) (1) The liens for labor performed or material or fixtures furnished, as provided for in this subchapter, shall have equal priority toward each other without regard to the date of filing the account or lien or the date when the particular labor or material was performed or furnished. All such liens shall date from the time that the construction or repair first commenced. (2) Construction or repair commences when there is a visible manifestation of activity on real estate that would lead a reasonable person to believe that construction or repair of an improvement to the real estate has begun or will soon begin, including, but not limited to, the following: (A) Delivery of a significant amount of lumber, bricks, pipe, tile, or other building material to the site; (B) Grading or excavating the site; (C) Laying out lines or grade stakes; or (D) Demolition in an existing structure. (3) In all cases in which a sale shall be ordered and the property sold, and the proceeds arising from the sale are not sufficient to discharge in full all the liens against the property without reference to the date of filing the account or lien, the proceeds shall be paid pro rata on the respective liens. (b) (1) (A) The liens for labor performed or materials or fixtures furnished, as provided for in this subchapter, shall attach to the improvement on which the labor was performed or the materials or fixtures were furnished in preference to any encumbrance existing on the real estate prior to the commencement of construction or repair of the improvement. (B) In all cases in which the prior encumbrance was given for the purpose of funding construction or repair of the improvement, that lien shall have priority over all liens given by this subchapter. (2) The liens, as provided for in this subchapter, shall be enforced by foreclosure, as further provided for in this subchapter, and the property ordered sold subject to the lien of the prior encumbrance on the real estate. (c) The lien for labor performed and materials or fixtures furnished, as provided for in this subchapter, shall have priority over all other encumbrances that attach to the real estate or improvements thereon subsequent to commencement of construction or repair. Acts 1895, No. 146, § 3, p. 217; C. & M. Dig., § 6909; Pope's Dig., § 8868; A.S.A. 1947, § 51-605; Acts 1995, No. 1298, § 5.

(a) (1) The liens for labor performed or material or fixtures furnished, as provided for in this subchapter, shall have equal priority toward each other without regard to the date of filing the account or lien or the date when the particular labor or material was performed or furnished. All such liens shall date from the time that the construction or repair first commenced. (2) Construction or repair commences when there is a visible manifestation of activity on real estate that would lead a reasonable person to believe that construction or repair of an improvement to the real estate has begun or will soon begin, including, but not limited to, the following: (A) Delivery of a significant amount of lumber, bricks, pipe, tile, or other building material to the site; (B) Grading or excavating the site; (C) Laying out lines or grade stakes; or (D) Demolition in an existing structure. (3) In all cases in which a sale shall be ordered and the property sold, and the proceeds arising from the sale are not sufficient to discharge in full all the liens against the property without reference to the date of filing the account or lien, the proceeds shall be paid pro rata on the respective liens.

(1) The liens for labor performed or material or fixtures furnished, as provided for in this subchapter, shall have equal priority toward each other without regard to the date of filing the account or lien or the date when the particular labor or material was performed or furnished. All such liens shall date from the time that the construction or repair first commenced.

(2) Construction or repair commences when there is a visible manifestation of activity on real estate that would lead a reasonable person to believe that construction or repair of an improvement to the real estate has begun or will soon begin, including, but not limited to, the following: (A) Delivery of a significant amount of lumber, bricks, pipe, tile, or other building material to the site; (B) Grading or excavating the site; (C) Laying out lines or grade stakes; or (D) Demolition in an existing structure.

(A) Delivery of a significant amount of lumber, bricks, pipe, tile, or other building material to the site;

(B) Grading or excavating the site;

(C) Laying out lines or grade stakes; or

(D) Demolition in an existing structure.

(3) In all cases in which a sale shall be ordered and the property sold, and the proceeds arising from the sale are not sufficient to discharge in full all the liens against the property without reference to the date of filing the account or lien, the proceeds shall be paid pro rata on the respective liens.

(b) (1) (A) The liens for labor performed or materials or fixtures furnished, as provided for in this subchapter, shall attach to the improvement on which the labor was performed or the materials or fixtures were furnished in preference to any encumbrance existing on the real estate prior to the commencement of construction or repair of the improvement. (B) In all cases in which the prior encumbrance was given for the purpose of funding construction or repair of the improvement, that lien shall have priority over all liens given by this subchapter. (2) The liens, as provided for in this subchapter, shall be enforced by foreclosure, as further provided for in this subchapter, and the property ordered sold subject to the lien of the prior encumbrance on the real estate.

(1) (A) The liens for labor performed or materials or fixtures furnished, as provided for in this subchapter, shall attach to the improvement on which the labor was performed or the materials or fixtures were furnished in preference to any encumbrance existing on the real estate prior to the commencement of construction or repair of the improvement. (B) In all cases in which the prior encumbrance was given for the purpose of funding construction or repair of the improvement, that lien shall have priority over all liens given by this subchapter.

(A) The liens for labor performed or materials or fixtures furnished, as provided for in this subchapter, shall attach to the improvement on which the labor was performed or the materials or fixtures were furnished in preference to any encumbrance existing on the real estate prior to the commencement of construction or repair of the improvement.

(B) In all cases in which the prior encumbrance was given for the purpose of funding construction or repair of the improvement, that lien shall have priority over all liens given by this subchapter.

(2) The liens, as provided for in this subchapter, shall be enforced by foreclosure, as further provided for in this subchapter, and the property ordered sold subject to the lien of the prior encumbrance on the real estate.

(c) The lien for labor performed and materials or fixtures furnished, as provided for in this subchapter, shall have priority over all other encumbrances that attach to the real estate or improvements thereon subsequent to commencement of construction or repair.

Acts 1895, No. 146, § 3, p. 217; C. & M. Dig., § 6909; Pope's Dig., § 8868; A.S.A. 1947, § 51-605; Acts 1995, No. 1298, § 5.