Ark. Code Ann. § 18-17-706 — AR Code / Title 18 / Chapter 17 / Subchapter 7 / Section 18-17-706
Payment of rent into court
Status: in_force

In any action in which the landlord sues for possession and the tenant raises defenses or counterclaims under this chapter or the rental agreement: (1) (A) (i) The tenant shall pay the landlord all rent that becomes due after the issuance of a written order requiring the tenant to vacate or show cause as rent becomes due. (ii) The landlord shall provide the tenant with a written receipt for each payment except when the tenant pays by check. (B) Rent shall not be abated for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her permission or who is allowed access to the premises by the tenant; (2) The tenant shall pay the landlord all rent allegedly owed before the issuance of the order, provided that in lieu of the payment the tenant may be allowed to submit to the court a receipt or cancelled check, or both, indicating that payment has been made to the landlord; (3) (A) Should the tenant not appear and show cause within ten (10) days, the court shall issue a writ of possession under this subchapter. (B) (i) Should the tenant appear in response to the order and allege that rent due under subdivision (1) or (2) of this section has been paid, the court shall determine the issue. (ii) If the tenant has failed to comply with subdivision (1) or (2) of this section, the court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff; and (4) (A) If the amount of rent due is found at final adjudication to be less than alleged by the landlord, judgment shall be entered for the amount found due to the landlord. (B) If the court finds at final adjudication that no rent is due and no damages are due the landlord, judgment shall be entered for the tenant. Acts 2007, No. 1004, § 1; 2009, No. 311, § 1; 2009, No. 482, § 7.

In any action in which the landlord sues for possession and the tenant raises defenses or counterclaims under this chapter or the rental agreement:

(1) (A) (i) The tenant shall pay the landlord all rent that becomes due after the issuance of a written order requiring the tenant to vacate or show cause as rent becomes due. (ii) The landlord shall provide the tenant with a written receipt for each payment except when the tenant pays by check. (B) Rent shall not be abated for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her permission or who is allowed access to the premises by the tenant;

(A) (i) The tenant shall pay the landlord all rent that becomes due after the issuance of a written order requiring the tenant to vacate or show cause as rent becomes due. (ii) The landlord shall provide the tenant with a written receipt for each payment except when the tenant pays by check.

(i) The tenant shall pay the landlord all rent that becomes due after the issuance of a written order requiring the tenant to vacate or show cause as rent becomes due.

(ii) The landlord shall provide the tenant with a written receipt for each payment except when the tenant pays by check.

(B) Rent shall not be abated for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her permission or who is allowed access to the premises by the tenant;

(2) The tenant shall pay the landlord all rent allegedly owed before the issuance of the order, provided that in lieu of the payment the tenant may be allowed to submit to the court a receipt or cancelled check, or both, indicating that payment has been made to the landlord;

(3) (A) Should the tenant not appear and show cause within ten (10) days, the court shall issue a writ of possession under this subchapter. (B) (i) Should the tenant appear in response to the order and allege that rent due under subdivision (1) or (2) of this section has been paid, the court shall determine the issue. (ii) If the tenant has failed to comply with subdivision (1) or (2) of this section, the court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff; and

(A) Should the tenant not appear and show cause within ten (10) days, the court shall issue a writ of possession under this subchapter.

(B) (i) Should the tenant appear in response to the order and allege that rent due under subdivision (1) or (2) of this section has been paid, the court shall determine the issue. (ii) If the tenant has failed to comply with subdivision (1) or (2) of this section, the court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff; and

(i) Should the tenant appear in response to the order and allege that rent due under subdivision (1) or (2) of this section has been paid, the court shall determine the issue.

(ii) If the tenant has failed to comply with subdivision (1) or (2) of this section, the court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff; and

(4) (A) If the amount of rent due is found at final adjudication to be less than alleged by the landlord, judgment shall be entered for the amount found due to the landlord. (B) If the court finds at final adjudication that no rent is due and no damages are due the landlord, judgment shall be entered for the tenant.

(A) If the amount of rent due is found at final adjudication to be less than alleged by the landlord, judgment shall be entered for the amount found due to the landlord.

(B) If the court finds at final adjudication that no rent is due and no damages are due the landlord, judgment shall be entered for the tenant.

Acts 2007, No. 1004, § 1; 2009, No. 311, § 1; 2009, No. 482, § 7.
Ark. Code Ann. § 18-13-106 — AR Code / Title 18 / Chapter 13 / Section 18-13-106
Additional units in excess of those described in master deed
Status: in_force

(a) The sole owner or co-owners of property constituted and established under this chapter as a horizontal property regime may, by description of their intentions in the master deed provided for in § 18-13-104 , provide for the addition of apartments or units in the horizontal property regime in excess of those for which specific plans are initially recorded with the master deed. (b) With reference to any such additional buildings, the plans recorded with the master deed shall reflect: (1) The area of the property within which the additional apartments or units will be constructed; (2) The maximum and minimum number of square feet and the maximum and minimum number of additional apartments or units to be constructed; (3) A general description of any rights in the common elements to be enjoyed by the owners of any additional units or apartments; (4) The date prior to which final detailed plans for the additional units or apartments will be recorded, with the amendment to the master deed reflecting the revised information to be included in the master deed pursuant to § 18-13-104 ; and (5) A covenant and warranty extending to each and all of the owners of individual units or apartments in the regime that any such construction would be of similar quality, in a workmanlike manner, and in the same architectural style as the original buildings in the regime and that the construction will conform, generally, with the specifications set forth in the master deed as required in § 18-13-104 . (c) (1) Any property purportedly established as a horizontal property regime pursuant to this chapter and otherwise complying with it, but which at the time of the recording of the master deed called for in § 18-13-104 did not have one (1) or more completed buildings thereon or which provided for additional or future construction of one (1) or more buildings in addition to those for which plans were initially recorded with the master deed, shall for all purposes be considered and treated as a horizontal property regime in accordance with this chapter. (2) All mortgages thereof or conveyances thereof as such heretofore occurring shall, likewise, for all purposes be deemed as effective mortgages and conveyances of the same as against any claim that the regime was improperly established at the time thereof. Acts 1961 (1st Ex. Sess.), No. 60, § 24; 1975, No. 731, §§ 4, 5; A.S.A. 1947, §§ 50-1024, 50-1025.

(a) The sole owner or co-owners of property constituted and established under this chapter as a horizontal property regime may, by description of their intentions in the master deed provided for in § 18-13-104 , provide for the addition of apartments or units in the horizontal property regime in excess of those for which specific plans are initially recorded with the master deed.

(b) With reference to any such additional buildings, the plans recorded with the master deed shall reflect: (1) The area of the property within which the additional apartments or units will be constructed; (2) The maximum and minimum number of square feet and the maximum and minimum number of additional apartments or units to be constructed; (3) A general description of any rights in the common elements to be enjoyed by the owners of any additional units or apartments; (4) The date prior to which final detailed plans for the additional units or apartments will be recorded, with the amendment to the master deed reflecting the revised information to be included in the master deed pursuant to § 18-13-104 ; and (5) A covenant and warranty extending to each and all of the owners of individual units or apartments in the regime that any such construction would be of similar quality, in a workmanlike manner, and in the same architectural style as the original buildings in the regime and that the construction will conform, generally, with the specifications set forth in the master deed as required in § 18-13-104 .

(1) The area of the property within which the additional apartments or units will be constructed;

(2) The maximum and minimum number of square feet and the maximum and minimum number of additional apartments or units to be constructed;

(3) A general description of any rights in the common elements to be enjoyed by the owners of any additional units or apartments;

(4) The date prior to which final detailed plans for the additional units or apartments will be recorded, with the amendment to the master deed reflecting the revised information to be included in the master deed pursuant to § 18-13-104 ; and

(5) A covenant and warranty extending to each and all of the owners of individual units or apartments in the regime that any such construction would be of similar quality, in a workmanlike manner, and in the same architectural style as the original buildings in the regime and that the construction will conform, generally, with the specifications set forth in the master deed as required in § 18-13-104 .

(c) (1) Any property purportedly established as a horizontal property regime pursuant to this chapter and otherwise complying with it, but which at the time of the recording of the master deed called for in § 18-13-104 did not have one (1) or more completed buildings thereon or which provided for additional or future construction of one (1) or more buildings in addition to those for which plans were initially recorded with the master deed, shall for all purposes be considered and treated as a horizontal property regime in accordance with this chapter. (2) All mortgages thereof or conveyances thereof as such heretofore occurring shall, likewise, for all purposes be deemed as effective mortgages and conveyances of the same as against any claim that the regime was improperly established at the time thereof.

(1) Any property purportedly established as a horizontal property regime pursuant to this chapter and otherwise complying with it, but which at the time of the recording of the master deed called for in § 18-13-104 did not have one (1) or more completed buildings thereon or which provided for additional or future construction of one (1) or more buildings in addition to those for which plans were initially recorded with the master deed, shall for all purposes be considered and treated as a horizontal property regime in accordance with this chapter.

(2) All mortgages thereof or conveyances thereof as such heretofore occurring shall, likewise, for all purposes be deemed as effective mortgages and conveyances of the same as against any claim that the regime was improperly established at the time thereof.

Acts 1961 (1st Ex. Sess.), No. 60, § 24; 1975, No. 731, §§ 4, 5; A.S.A. 1947, §§ 50-1024, 50-1025.
Ark. Code Ann. § 18-15-302 — AR Code / Title 18 / Chapter 15 / Subchapter 3 / Section 18-15-302
Municipal corporations - Power to condemn - Compensation for condemnation - Taking cemetery land
Status: in_force

(a) There shall be included in the award of compensation and damages for taking land occupied by a cemetery the reasonable cost of a new site of at least equal size. The new site shall be approved by the State Board of Health and also by the circuit court in which the condemnation proceedings are instituted. (b) (1) The order and judgment condemning a cemetery shall require the municipality, at its own expense, to remove all bodies, tombstones, and markers from the site of the original cemetery, to reinter the bodies in the new site, and to properly reset the tombstones and markers in the new site. (2) The court may require the municipality to deposit into the registry of the court a sum found by the court to be sufficient to ensure the performance of the obligation by the municipality. (3) Nothing contained in this section shall prevent a surviving spouse or next of kin of a person buried in the cemetery from removing the body to another cemetery selected by him or her, the municipality paying the reasonable cost thereof, provided that the cost under this section, if demanded by the next of kin, shall not be less than the amount paid by the municipality for the same service when bodies are removed to a cemetery selected by the municipality. (c) If any power, oil, gas, or any other public utility facilities shall be flooded by such an impounding lake, the lines may be likewise condemned, and the award of compensation and damages shall include the reasonable cost of relocating the power, oil, gas, or other public utility facility. (d) If any portion of any county road will be flooded by an impounding lake, the municipality shall pay to the county the cost of relocating that portion of road. Acts 1875, No. 1, § 74, p. 1; 1955, No. 53, § 1; A.S.A. 1947, § 35-902.

(a) There shall be included in the award of compensation and damages for taking land occupied by a cemetery the reasonable cost of a new site of at least equal size. The new site shall be approved by the State Board of Health and also by the circuit court in which the condemnation proceedings are instituted.

(b) (1) The order and judgment condemning a cemetery shall require the municipality, at its own expense, to remove all bodies, tombstones, and markers from the site of the original cemetery, to reinter the bodies in the new site, and to properly reset the tombstones and markers in the new site. (2) The court may require the municipality to deposit into the registry of the court a sum found by the court to be sufficient to ensure the performance of the obligation by the municipality. (3) Nothing contained in this section shall prevent a surviving spouse or next of kin of a person buried in the cemetery from removing the body to another cemetery selected by him or her, the municipality paying the reasonable cost thereof, provided that the cost under this section, if demanded by the next of kin, shall not be less than the amount paid by the municipality for the same service when bodies are removed to a cemetery selected by the municipality.

(1) The order and judgment condemning a cemetery shall require the municipality, at its own expense, to remove all bodies, tombstones, and markers from the site of the original cemetery, to reinter the bodies in the new site, and to properly reset the tombstones and markers in the new site.

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

(3) Nothing contained in this section shall prevent a surviving spouse or next of kin of a person buried in the cemetery from removing the body to another cemetery selected by him or her, the municipality paying the reasonable cost thereof, provided that the cost under this section, if demanded by the next of kin, shall not be less than the amount paid by the municipality for the same service when bodies are removed to a cemetery selected by the municipality.

(c) If any power, oil, gas, or any other public utility facilities shall be flooded by such an impounding lake, the lines may be likewise condemned, and the award of compensation and damages shall include the reasonable cost of relocating the power, oil, gas, or other public utility facility.

(d) If any portion of any county road will be flooded by an impounding lake, the municipality shall pay to the county the cost of relocating that portion of road.

Acts 1875, No. 1, § 74, p. 1; 1955, No. 53, § 1; A.S.A. 1947, § 35-902.
Ark. Code Ann. § 18-60-508 — AR Code / Title 18 / Chapter 60 / Subchapter 5 / Section 18-60-508
Decree - Effect
Status: in_force

(a) If the court is satisfied as to the truth of the facts set out in the petition, it shall render a decree establishing and quieting the petitioner's title against all persons except as provided in subsection (b) of this section. (b) The decree in the cause shall not bar or affect the rights of any person who claims through, under, or by virtue of any contract with the petitioner, or who was an adverse occupant of the land at the time the petition was filed, or any person who within seven (7) years preceding had paid the taxes on the land, or a remainderman unless the person shall have been made a defendant in the petition and personally summoned to answer it. Acts 1899, No. 79, §§ 4, 6, p. 133; C. & M. Dig., §§ 8367, 8369; Acts 1927, No. 64, § 1; Pope's Dig., §§ 10963, 10965; Acts 1975, No. 459, § 1; A.S.A. 1947, §§ 34-1906, 34-1909.

(a) If the court is satisfied as to the truth of the facts set out in the petition, it shall render a decree establishing and quieting the petitioner's title against all persons except as provided in subsection (b) of this section.

(b) The decree in the cause shall not bar or affect the rights of any person who claims through, under, or by virtue of any contract with the petitioner, or who was an adverse occupant of the land at the time the petition was filed, or any person who within seven (7) years preceding had paid the taxes on the land, or a remainderman unless the person shall have been made a defendant in the petition and personally summoned to answer it.

Acts 1899, No. 79, §§ 4, 6, p. 133; C. & M. Dig., §§ 8367, 8369; Acts 1927, No. 64, § 1; Pope's Dig., §§ 10963, 10965; Acts 1975, No. 459, § 1; A.S.A. 1947, §§ 34-1906, 34-1909.
Ark. Code Ann. § 18-48-704 — AR Code / Title 18 / Chapter 48 / Subchapter 7 / Section 18-48-704
Access to leased space - Care of property
Status: in_force

(a) If an occupant is in default, the marina operator may deny the occupant access to the leased space. (b) (1) Unless the rental agreement specifically provides otherwise and until a lien sale under this subchapter, the property stored in the leased space remains vested in the occupant. (2) Entry of the leased space by the marina operator for the purpose of complying with this subchapter shall not constitute conversion nor impose any responsibility for the care, custody, and control of any of the personal property stored. Acts 1997, No. 903, § 4.

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

(b) (1) Unless the rental agreement specifically provides otherwise and until a lien sale under this subchapter, the property stored in the leased space remains vested in the occupant. (2) Entry of the leased space by the marina operator for the purpose of complying with this subchapter shall not constitute conversion nor impose any responsibility for the care, custody, and control of any of the personal property stored.

(1) Unless the rental agreement specifically provides otherwise and until a lien sale under this subchapter, the property stored in the leased space remains vested in the occupant.

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

Acts 1997, No. 903, § 4.
Ark. Code Ann. § 18-16-306 — AR Code / Title 18 / Chapter 16 / Subchapter 3 / Section 18-16-306
Remedies
Status: in_force

(a) (1) If the landlord fails to comply with this subchapter, the tenant may recover: (A) The property and money due him or her; (B) Damages in an amount equal to two (2) times the amount wrongfully withheld; (C) Costs; and (D) Reasonable attorney's fees. (2) However, the landlord shall be liable only for costs and the sum erroneously withheld if the landlord shows by the preponderance of the evidence that his or her noncompliance: (A) Resulted from an error which occurred despite the existence of procedures reasonably designed to avoid such errors; or (B) Was based on a good faith dispute as to the amount due. (b) This section does not preclude the landlord or tenant from any other relief to which either may be lawfully entitled. Acts 1979, No. 531, § 4; A.S.A. 1947, § 50-528.

(a) (1) If the landlord fails to comply with this subchapter, the tenant may recover: (A) The property and money due him or her; (B) Damages in an amount equal to two (2) times the amount wrongfully withheld; (C) Costs; and (D) Reasonable attorney's fees. (2) However, the landlord shall be liable only for costs and the sum erroneously withheld if the landlord shows by the preponderance of the evidence that his or her noncompliance: (A) Resulted from an error which occurred despite the existence of procedures reasonably designed to avoid such errors; or (B) Was based on a good faith dispute as to the amount due.

(1) If the landlord fails to comply with this subchapter, the tenant may recover: (A) The property and money due him or her; (B) Damages in an amount equal to two (2) times the amount wrongfully withheld; (C) Costs; and (D) Reasonable attorney's fees.

(A) The property and money due him or her;

(B) Damages in an amount equal to two (2) times the amount wrongfully withheld;

(C) Costs; and

(D) Reasonable attorney's fees.

(2) However, the landlord shall be liable only for costs and the sum erroneously withheld if the landlord shows by the preponderance of the evidence that his or her noncompliance: (A) Resulted from an error which occurred despite the existence of procedures reasonably designed to avoid such errors; or (B) Was based on a good faith dispute as to the amount due.

(A) Resulted from an error which occurred despite the existence of procedures reasonably designed to avoid such errors; or

(B) Was based on a good faith dispute as to the amount due.

(b) This section does not preclude the landlord or tenant from any other relief to which either may be lawfully entitled.

Acts 1979, No. 531, § 4; A.S.A. 1947, § 50-528.
Ark. Code Ann. § 18-61-105 — AR Code / Title 18 / Chapter 61 / Section 18-61-105
Recovery of lands sold at judicial sales generally
Status: in_force

All actions against the purchaser or his or her heirs or assigns for the recovery of lands sold at judicial sales shall be brought within five (5) years after the date of the sale and not thereafter, except for minors, persons of unsound mind, and persons imprisoned overseas, the period shall be three (3) years after this disability shall have been removed. Rev. Stat., ch. 91, § 35; C. & M. Dig., § 6946; Pope's Dig., § 8924; A.S.A. 1947, § 37-108.

All actions against the purchaser or his or her heirs or assigns for the recovery of lands sold at judicial sales shall be brought within five (5) years after the date of the sale and not thereafter, except for minors, persons of unsound mind, and persons imprisoned overseas, the period shall be three (3) years after this disability shall have been removed.

Rev. Stat., ch. 91, § 35; C. & M. Dig., § 6946; Pope's Dig., § 8924; A.S.A. 1947, § 37-108.
Ark. Code Ann. § 18-60-503 — AR Code / Title 18 / Chapter 60 / Subchapter 5 / Section 18-60-503
Publication of notice - Cancellation of liens
Status: in_force

(a) (1) Upon the filing of the petition, the clerk of the court shall publish a notice of the filing of the petition on the same day of each week, for four (4) weeks in some newspaper published in the county, if there is one, and if not, then in some newspaper having a circulation in the county. (2) The petition shall describe the land and call upon all persons who claim any interest in the land or lien thereon to appear in the court and show cause why the title of the petitioner should not be confirmed. (b) The circuit court within the proper county is authorized and empowered under the notice to find apparent existing liens on the real estate to be barred by the laws of limitation or laches and decree the cancellation of the liens and the records thereof. Acts 1899, No. 79, § 3, p. 133; C. & M. Dig., § 8366; Acts 1921, No. 307, § 1; Pope's Dig., § 10962; Acts 1955, No. 264, § 1; A.S.A. 1947, § 34-1905.

(a) (1) Upon the filing of the petition, the clerk of the court shall publish a notice of the filing of the petition on the same day of each week, for four (4) weeks in some newspaper published in the county, if there is one, and if not, then in some newspaper having a circulation in the county. (2) The petition shall describe the land and call upon all persons who claim any interest in the land or lien thereon to appear in the court and show cause why the title of the petitioner should not be confirmed.

(1) Upon the filing of the petition, the clerk of the court shall publish a notice of the filing of the petition on the same day of each week, for four (4) weeks in some newspaper published in the county, if there is one, and if not, then in some newspaper having a circulation in the county.

(2) The petition shall describe the land and call upon all persons who claim any interest in the land or lien thereon to appear in the court and show cause why the title of the petitioner should not be confirmed.

(b) The circuit court within the proper county is authorized and empowered under the notice to find apparent existing liens on the real estate to be barred by the laws of limitation or laches and decree the cancellation of the liens and the records thereof.

Acts 1899, No. 79, § 3, p. 133; C. & M. Dig., § 8366; Acts 1921, No. 307, § 1; Pope's Dig., § 10962; Acts 1955, No. 264, § 1; A.S.A. 1947, § 34-1905.
Ark. Code Ann. § 18-46-108 — AR Code / Title 18 / Chapter 46 / Section 18-46-108
Liens assignable - Enforcement
Status: in_force

(a) All liens or claims of liens that accrue to any practitioner, nurse, hospital, or ambulance service providers under this chapter are assignable. (b) Proceedings to enforce assigned liens or claims of liens may be maintained by, and in the name of, the assignee. The assignee shall have as full and complete power to enforce the lien or claim of lien assigned to him or her as if proceedings to that end were taken under this chapter by and in the name of the assignor. Acts 1933, No. 130, § 11; Pope's Dig., §§ 7999, 10828; A.S.A. 1947, § 51-811; Acts 1993, No. 271, § 7.

(a) All liens or claims of liens that accrue to any practitioner, nurse, hospital, or ambulance service providers under this chapter are assignable.

(b) Proceedings to enforce assigned liens or claims of liens may be maintained by, and in the name of, the assignee. The assignee shall have as full and complete power to enforce the lien or claim of lien assigned to him or her as if proceedings to that end were taken under this chapter by and in the name of the assignor.

Acts 1933, No. 130, § 11; Pope's Dig., §§ 7999, 10828; A.S.A. 1947, § 51-811; Acts 1993, No. 271, § 7.
Ark. Code Ann. § 18-12-207 — AR Code / Title 18 / Chapter 12 / Subchapter 2 / Section 18-12-207
[Repealed]
Status: repealed

Repealed by Act 2013, No. 999,§ 1, eff. 4/8/2013. Acts 1919, No. 45, § 1; C. & M. Dig., § 1526; Pope's Dig., § 1836; A.S.A. 1947, § 49-212.

Repealed by Act 2013, No. 999,§ 1, eff. 4/8/2013.

Acts 1919, No. 45, § 1; C. & M. Dig., § 1526; Pope's Dig., § 1836; A.S.A. 1947, § 49-212.
Ark. Code Ann. § 18-12-204 — AR Code / Title 18 / Chapter 12 / Subchapter 2 / Section 18-12-204
Attestation of acknowledgments
Status: in_force

(a) In cases of acknowledgment or proof of deeds or conveyances of real estate taken within the United States or territories thereof, when taken before any court or officer having a seal of office, the deed or conveyance shall be attested under the seal of office. If the officer has no seal of office, then it shall be attested under the official signature of the officer. (b) In all cases of deeds and conveyances proved or acknowledged outside the United States or their territories, the acknowledgment or proof must be attested under the official seal of the court or officer before whom the probate is had. Rev. Stat., ch. 31, §§ 14, 15; C. & M. Dig., §§ 1517, 1518; Pope's Dig., §§ 1826, 1827; A.S.A. 1947, §§ 49-204, 49-205.

(a) In cases of acknowledgment or proof of deeds or conveyances of real estate taken within the United States or territories thereof, when taken before any court or officer having a seal of office, the deed or conveyance shall be attested under the seal of office. If the officer has no seal of office, then it shall be attested under the official signature of the officer.

(b) In all cases of deeds and conveyances proved or acknowledged outside the United States or their territories, the acknowledgment or proof must be attested under the official seal of the court or officer before whom the probate is had.

Rev. Stat., ch. 31, §§ 14, 15; C. & M. Dig., §§ 1517, 1518; Pope's Dig., §§ 1826, 1827; A.S.A. 1947, §§ 49-204, 49-205.
Ark. Code Ann. § 18-48-504 — AR Code / Title 18 / Chapter 48 / Subchapter 5 / Section 18-48-504
Enforcement of lien in general
Status: in_force

(a) (1) Any owner of any plant holding a lien under this section and §§ 18-48-501 - 18-48-503 may hold the farm product, and the by-products thereof, if any, for a period of thirty (30) days, unless his or her claim is sooner paid. (2) After that time the lienholder may sell such portion of products or by-products, or both, as may be necessary to discharge the lien at the prevailing market price on the market, at private sale, and from the proceeds deduct the amount justly due him or her. This amount shall include reasonable costs for holding the sale and delivering over to the owner of the farm product the balance of the product, if any, remaining. (3) If the farm product or by-products are gone from the lienholder's possession, he or she may enforce his or her lien before the court, in the manner provided for by law for enforcement of laborers' liens upon the product of their labor. (b) A lien created by this section and §§ 18-48-501 - 18-48-503 shall be enforced within eight (8) months after the farm product or by-products are dried, cleaned, milled, or processed. Acts 1949, No. 81, § 2; A.S.A. 1947, § 51-910.

(a) (1) Any owner of any plant holding a lien under this section and §§ 18-48-501 - 18-48-503 may hold the farm product, and the by-products thereof, if any, for a period of thirty (30) days, unless his or her claim is sooner paid. (2) After that time the lienholder may sell such portion of products or by-products, or both, as may be necessary to discharge the lien at the prevailing market price on the market, at private sale, and from the proceeds deduct the amount justly due him or her. This amount shall include reasonable costs for holding the sale and delivering over to the owner of the farm product the balance of the product, if any, remaining. (3) If the farm product or by-products are gone from the lienholder's possession, he or she may enforce his or her lien before the court, in the manner provided for by law for enforcement of laborers' liens upon the product of their labor.

(1) Any owner of any plant holding a lien under this section and §§ 18-48-501 - 18-48-503 may hold the farm product, and the by-products thereof, if any, for a period of thirty (30) days, unless his or her claim is sooner paid.

(2) After that time the lienholder may sell such portion of products or by-products, or both, as may be necessary to discharge the lien at the prevailing market price on the market, at private sale, and from the proceeds deduct the amount justly due him or her. This amount shall include reasonable costs for holding the sale and delivering over to the owner of the farm product the balance of the product, if any, remaining.

(3) If the farm product or by-products are gone from the lienholder's possession, he or she may enforce his or her lien before the court, in the manner provided for by law for enforcement of laborers' liens upon the product of their labor.

(b) A lien created by this section and §§ 18-48-501 - 18-48-503 shall be enforced within eight (8) months after the farm product or by-products are dried, cleaned, milled, or processed.

Acts 1949, No. 81, § 2; A.S.A. 1947, § 51-910.
Ark. Code Ann. § 18-13-109 — AR Code / Title 18 / Chapter 13 / Section 18-13-109
Modification of administration
Status: in_force

(a) The sole owner of the building or, if there is more than one (1), the co-owners representing two-thirds (2/3) of the total value of the building may, at any time, modify the system of administration, but each one of the particulars set forth in § 18-13-108 shall always be embodied in the bylaws. (b) No such modification may be operative until it is embodied in a recorded instrument, which shall be recorded in the same office and in the same manner as was the master deed and original bylaws of the horizontal property regime involved. Acts 1961 (1st Ex. Sess.), No. 60, § 15; A.S.A. 1947, § 50-1015.

(a) The sole owner of the building or, if there is more than one (1), the co-owners representing two-thirds (2/3) of the total value of the building may, at any time, modify the system of administration, but each one of the particulars set forth in § 18-13-108 shall always be embodied in the bylaws.

(b) No such modification may be operative until it is embodied in a recorded instrument, which shall be recorded in the same office and in the same manner as was the master deed and original bylaws of the horizontal property regime involved.

Acts 1961 (1st Ex. Sess.), No. 60, § 15; A.S.A. 1947, § 50-1015.
Ark. Code Ann. § 18-14-503 — AR Code / Title 18 / Chapter 14 / Subchapter 5 / Section 18-14-503
Prohibited advertising
Status: in_force

An advertisement for the offer or sale of time-shares shall not: (1) Contain a representation concerning the availability of a resale program or rental program offered by or on behalf of the developer or its affiliate unless the resale program or rental program has been made a part of the offering and submitted to the Arkansas Real Estate Commission; (2) Contain an offer or inducement to purchase that limits the quantity or time of availability, unless the numerical quantity or time applicable to the offer or inducement is clearly and conspicuously disclosed; (3) Contain a statement concerning the investment merit or profit potential of the time-share, unless the commission has determined that the representation is neither false nor misleading; (4) Make a prediction of or imply specific or immediate increases in the price or value of the time-share property, nor shall a price increase of a time-share property be promoted unless the developer has authorized and announced the price increase; (5) Contain statements concerning the availability of time-share interests at a particular minimum price if the number of time-share interests available at that price comprises less than ten percent (10%) of the unsold inventory of the developer, unless the number of time-share interests then for sale at the minimum price is stated in the advertisement; (6) Contain a statement that the time-share interest being offered for sale can be further divided, unless a full disclosure is included concerning the legal requirements for further division of the time-share interest; (7) Contain an asterisk or other reference symbol as a means of contradicting or changing the ordinary meaning of a previously made statement in the advertisement; (8) Misrepresent the size, nature, extent, qualities, or characteristics of the accommodations or facilities that comprise the time-share plan; (9) Misrepresent the nature or extent of a service incident to the time-share project; (10) Misrepresent or imply that a facility or service is available for the exclusive use of purchasers or owners if a public right of access or of use of the facility or service exists; (11) Make a misleading or deceptive representation concerning the contents of the time-share permit, the purchase contract, the purchaser's rights, privileges, benefits, or obligations under the purchase contract or this chapter; (12) Misrepresent the conditions under which a purchaser or owner may participate in an exchange program; or (13) Describe a proposed or unfinished private facility over which the developer has no control, unless the estimated date of completion is stated and evidence has been presented to the commission that the completion and operation of the facilities are reasonably assured within the time represented in the advertisement. Amended by Act 2013, No. 710,§ 5, eff. 8/16/2013. Acts 1983, No. 294, Art. 6, § 6-103; A.S.A. 1947, § 50-1336.

An advertisement for the offer or sale of time-shares shall not:

(1) Contain a representation concerning the availability of a resale program or rental program offered by or on behalf of the developer or its affiliate unless the resale program or rental program has been made a part of the offering and submitted to the Arkansas Real Estate Commission;

(2) Contain an offer or inducement to purchase that limits the quantity or time of availability, unless the numerical quantity or time applicable to the offer or inducement is clearly and conspicuously disclosed;

(3) Contain a statement concerning the investment merit or profit potential of the time-share, unless the commission has determined that the representation is neither false nor misleading;

(4) Make a prediction of or imply specific or immediate increases in the price or value of the time-share property, nor shall a price increase of a time-share property be promoted unless the developer has authorized and announced the price increase;

(5) Contain statements concerning the availability of time-share interests at a particular minimum price if the number of time-share interests available at that price comprises less than ten percent (10%) of the unsold inventory of the developer, unless the number of time-share interests then for sale at the minimum price is stated in the advertisement;

(6) Contain a statement that the time-share interest being offered for sale can be further divided, unless a full disclosure is included concerning the legal requirements for further division of the time-share interest;

(7) Contain an asterisk or other reference symbol as a means of contradicting or changing the ordinary meaning of a previously made statement in the advertisement;

(8) Misrepresent the size, nature, extent, qualities, or characteristics of the accommodations or facilities that comprise the time-share plan;

(9) Misrepresent the nature or extent of a service incident to the time-share project;

(10) Misrepresent or imply that a facility or service is available for the exclusive use of purchasers or owners if a public right of access or of use of the facility or service exists;

(11) Make a misleading or deceptive representation concerning the contents of the time-share permit, the purchase contract, the purchaser's rights, privileges, benefits, or obligations under the purchase contract or this chapter;

(12) Misrepresent the conditions under which a purchaser or owner may participate in an exchange program; or

(13) Describe a proposed or unfinished private facility over which the developer has no control, unless the estimated date of completion is stated and evidence has been presented to the commission that the completion and operation of the facilities are reasonably assured within the time represented in the advertisement.

Amended by Act 2013, No. 710,§ 5, eff. 8/16/2013.

Acts 1983, No. 294, Art. 6, § 6-103; A.S.A. 1947, § 50-1336.
Ark. Code Ann. § 18-15-707 — AR Code / Title 18 / Chapter 15 / Subchapter 7 / Section 18-15-707
Summons
Status: in_force

(a) Upon the return of the inquest, the court shall cause the proprietor of the land, one (1) acre of which shall have been prayed for, and the several persons, who may be proprietors of the land found by the inquest returned to be liable to damage, to be summoned to appear in the same court on a day to be named in the summons and show cause, if any they can, why the person petitioning should not have permission to erect his or her dam. (b) (1) If the proprietor resides in the county in which the lands lie, the service of the summons shall be as in ordinary cases. (2) If the proprietor is not a resident in the county, then the service shall be by setting up a copy at the house of the tenant on the land, or if there is no tenant there, at some conspicuous place on the land. Rev. Stat., ch. 98, §§ 12, 13; C. & M. Dig., §§ 3954, 3955; Pope's Dig., §§ 4956, 4957; A.S.A. 1947, §§ 35-512, 35-513.

(a) Upon the return of the inquest, the court shall cause the proprietor of the land, one (1) acre of which shall have been prayed for, and the several persons, who may be proprietors of the land found by the inquest returned to be liable to damage, to be summoned to appear in the same court on a day to be named in the summons and show cause, if any they can, why the person petitioning should not have permission to erect his or her dam.

(b) (1) If the proprietor resides in the county in which the lands lie, the service of the summons shall be as in ordinary cases. (2) If the proprietor is not a resident in the county, then the service shall be by setting up a copy at the house of the tenant on the land, or if there is no tenant there, at some conspicuous place on the land.

(1) If the proprietor resides in the county in which the lands lie, the service of the summons shall be as in ordinary cases.

(2) If the proprietor is not a resident in the county, then the service shall be by setting up a copy at the house of the tenant on the land, or if there is no tenant there, at some conspicuous place on the land.

Rev. Stat., ch. 98, §§ 12, 13; C. & M. Dig., §§ 3954, 3955; Pope's Dig., §§ 4956, 4957; A.S.A. 1947, §§ 35-512, 35-513.
Ark. Code Ann. § 18-15-703 — AR Code / Title 18 / Chapter 15 / Subchapter 7 / Section 18-15-703
Nuisance
Status: in_force

All dams, stoppages, or obstructions not made according to law shall be deemed to be public nuisances and shall be dealt with accordingly. Rev. Stat., ch. 98, § 24; C. & M. Dig., § 3966; Pope's Dig., § 4968; A.S.A. 1947, § 35-524.

All dams, stoppages, or obstructions not made according to law shall be deemed to be public nuisances and shall be dealt with accordingly.

Rev. Stat., ch. 98, § 24; C. & M. Dig., § 3966; Pope's Dig., § 4968; A.S.A. 1947, § 35-524.
Ark. Code Ann. § 18-15-1107 — AR Code / Title 18 / Chapter 15 / Subchapter 11 / Section 18-15-1107
Supply of water to adjacent landowners
Status: in_force

(a) Water shall be supplied to the owners of all lands adjacent to any canal constructed or operated by any such corporation, whenever practicable, upon equal terms and at uniform rates, which shall always be equitable and fair. (b) However, this subchapter shall not apply to Arkansas County, and Sections 20, 21, 25, 26, 27, 29, 32, 33, 34, 35, and 36, all in Township Two (2) South, Range Six (6) West, of the Fifth Principal Meridian in Prairie County, Arkansas. Acts 1909, No. 87, § 9, p. 234; A.S.A. 1947, § 35-1209.

(a) Water shall be supplied to the owners of all lands adjacent to any canal constructed or operated by any such corporation, whenever practicable, upon equal terms and at uniform rates, which shall always be equitable and fair.

(b) However, this subchapter shall not apply to Arkansas County, and Sections 20, 21, 25, 26, 27, 29, 32, 33, 34, 35, and 36, all in Township Two (2) South, Range Six (6) West, of the Fifth Principal Meridian in Prairie County, Arkansas.

Acts 1909, No. 87, § 9, p. 234; A.S.A. 1947, § 35-1209.
Ark. Code Ann. § 18-44-113 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-113
Assignment of liens
Status: in_force

(a) The lien given in this subchapter shall be transferable and assignable, but it shall not be enforced against the owner of the ground or buildings unless the owner of the ground or buildings shall have actual notice of the assignment or notice under subsection (b) of this section. (b) The owner of the ground or buildings shall be considered to have actual notice if within thirty (30) days of the assignment a copy of the assignment is: (1) Hand delivered to the owner of the ground or buildings; (2) Mailed to the last known address of the owner of the ground or buildings and verified by a: (A) Return receipt signed by the addressee or the agent of the addressee; or (B) Returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the notice by the addressee or that the item was unclaimed; or (3) Delivered by any means that provides written, third-party verification of delivery at any place that the owner of the ground or buildings maintains an office, conducts business, or resides. Acts 1895, No. 146, § 25, p. 217; C. & M. Dig., §§ 6907, 6936; Pope's Dig., §§ 8866, 8898; A.S.A. 1947, § 51-626; Acts 2009, No. 454, § 3.

(a) The lien given in this subchapter shall be transferable and assignable, but it shall not be enforced against the owner of the ground or buildings unless the owner of the ground or buildings shall have actual notice of the assignment or notice under subsection (b) of this section.

(b) The owner of the ground or buildings shall be considered to have actual notice if within thirty (30) days of the assignment a copy of the assignment is: (1) Hand delivered to the owner of the ground or buildings; (2) Mailed to the last known address of the owner of the ground or buildings and verified by a: (A) Return receipt signed by the addressee or the agent of the addressee; or (B) Returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the notice by the addressee or that the item was unclaimed; or (3) Delivered by any means that provides written, third-party verification of delivery at any place that the owner of the ground or buildings maintains an office, conducts business, or resides.

(1) Hand delivered to the owner of the ground or buildings;

(2) Mailed to the last known address of the owner of the ground or buildings and verified by a: (A) Return receipt signed by the addressee or the agent of the addressee; or (B) Returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the notice by the addressee or that the item was unclaimed; or

(A) Return receipt signed by the addressee or the agent of the addressee; or

(B) Returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the notice by the addressee or that the item was unclaimed; or

(3) Delivered by any means that provides written, third-party verification of delivery at any place that the owner of the ground or buildings maintains an office, conducts business, or resides.

Acts 1895, No. 146, § 25, p. 217; C. & M. Dig., §§ 6907, 6936; Pope's Dig., §§ 8866, 8898; A.S.A. 1947, § 51-626; Acts 2009, No. 454, § 3.
Ark. Code Ann. § 18-60-201 — AR Code / Title 18 / Chapter 60 / Subchapter 2 / Section 18-60-201
Right of action generally
Status: in_force

The action of ejectment may be maintained in all cases in which the plaintiff is legally entitled to the possession of the premises. Rev. Stat., ch. 53, § 1; C. & M. Dig., § 3686; Pope's Dig., § 4641; A.S.A. 1947, § 34-1401.

The action of ejectment may be maintained in all cases in which the plaintiff is legally entitled to the possession of the premises.

Rev. Stat., ch. 53, § 1; C. & M. Dig., § 3686; Pope's Dig., § 4641; A.S.A. 1947, § 34-1401.
Ark. Code Ann. § 18-15-909 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-909
Assistance of viewers by surveyor
Status: in_force

The viewers may call a surveyor to assist them in laying out and surveying any public landing that they may be ordered by the court to lay out and establish. Acts 1909, No. 307, § 6, p. 916; C. & M. Dig., § 4063; Pope's Dig., § 5066; A.S.A. 1947, § 35-1006.

The viewers may call a surveyor to assist them in laying out and surveying any public landing that they may be ordered by the court to lay out and establish.

Acts 1909, No. 307, § 6, p. 916; C. & M. Dig., § 4063; Pope's Dig., § 5066; A.S.A. 1947, § 35-1006.
Ark. Code Ann. § 18-46-103 — AR Code / Title 18 / Chapter 46 / Section 18-46-103
Attorney's liens not affected
Status: in_force

The liens given in this chapter shall in no way repeal or affect the statutory liens now provided in favor of attorneys. Acts 1933, No. 130, § 18; Pope's Dig., § 10834; A.S.A. 1947, § 51-816.

The liens given in this chapter shall in no way repeal or affect the statutory liens now provided in favor of attorneys.

Acts 1933, No. 130, § 18; Pope's Dig., § 10834; A.S.A. 1947, § 51-816.
Ark. Code Ann. § 18-13-117 — AR Code / Title 18 / Chapter 13 / Section 18-13-117
Insurance generally
Status: in_force

The co-owners may, upon resolution of a majority, insure the building against risk, without prejudice to the right of each co-owner to insure his or her apartment on his or her own account and for his or her own benefit. Acts 1961 (1st Ex. Sess.), No. 60, § 20; A.S.A. 1947, § 50-1020.

The co-owners may, upon resolution of a majority, insure the building against risk, without prejudice to the right of each co-owner to insure his or her apartment on his or her own account and for his or her own benefit.

Acts 1961 (1st Ex. Sess.), No. 60, § 20; A.S.A. 1947, § 50-1020.
Ark. Code Ann. § 18-42-109 — AR Code / Title 18 / Chapter 42 / Section 18-42-109
Proceedings to enforce liens
Status: in_force

Proceedings for the enforcement of liens under this chapter are governed in the circuit court by the law regulating mechanics' liens. Amended by Act 2017, No. 757,§ 3, eff. 8/1/2017. Acts 1883, No. 96, § 7, p. 176; C. & M. Dig., § 6887; Pope's Dig., § 8843; A.S.A. 1947, § 51-509.

Proceedings for the enforcement of liens under this chapter are governed in the circuit court by the law regulating mechanics' liens.

Amended by Act 2017, No. 757,§ 3, eff. 8/1/2017.

Acts 1883, No. 96, § 7, p. 176; C. & M. Dig., § 6887; Pope's Dig., § 8843; A.S.A. 1947, § 51-509.
Ark. Code Ann. § 18-17-202 — AR Code / Title 18 / Chapter 17 / Subchapter 2 / Section 18-17-202
Exclusions from application of chapter
Status: in_force

The following arrangements are not governed by this chapter: (1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service; (2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his or her interest; (3) Occupancy by a member or a fraternal or social organization in the portion of a structure operated for the benefit of the organization; (4) Transient occupancy in a hotel, motel, or other accommodations subject to any sales tax on lodging; (5) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises; (6) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; (7) Occupancy under a rental agreement covering the premises used by the occupant primarily for agricultural purposes; and (8) Residence, whether temporary or not, at a public or private charitable or emergency protective shelter. Acts 2007, No. 1004, § 1.

The following arrangements are not governed by this chapter:

(1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service;

(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his or her interest;

(3) Occupancy by a member or a fraternal or social organization in the portion of a structure operated for the benefit of the organization;

(4) Transient occupancy in a hotel, motel, or other accommodations subject to any sales tax on lodging;

(5) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises;

(6) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;

(7) Occupancy under a rental agreement covering the premises used by the occupant primarily for agricultural purposes; and

(8) Residence, whether temporary or not, at a public or private charitable or emergency protective shelter.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-15-1303 — AR Code / Title 18 / Chapter 15 / Subchapter 13 / Section 18-15-1303
Procedure for condemnation
Status: in_force

In the event any company fails, upon application to individuals, railroads, or turnpike companies, to secure the right-of-way by consent, contract, or agreement, then the corporation shall have the right to proceed to procure the condemnation of the property, lands, rights, privileges, and easements in the manner provided by law for taking private property for right-of-way for railroads as provided by §§ 18-15-1201 - 18-15-1207 , including the procedure for providing notice by publication and by certified mail in § 18-15-1202 . Acts 1905, No. 228, § 2, p. 577; C. & M. Dig., § 3970; Pope's Dig., § 4972; A.S.A. 1947, § 35-602; Acts 1999, No. 1236, § 3.

In the event any company fails, upon application to individuals, railroads, or turnpike companies, to secure the right-of-way by consent, contract, or agreement, then the corporation shall have the right to proceed to procure the condemnation of the property, lands, rights, privileges, and easements in the manner provided by law for taking private property for right-of-way for railroads as provided by §§ 18-15-1201 - 18-15-1207 , including the procedure for providing notice by publication and by certified mail in § 18-15-1202 .

Acts 1905, No. 228, § 2, p. 577; C. & M. Dig., § 3970; Pope's Dig., § 4972; A.S.A. 1947, § 35-602; Acts 1999, No. 1236, § 3.
Ark. Code Ann. § 18-61-103 — AR Code / Title 18 / Chapter 61 / Section 18-61-103
Ejectment
Status: in_force

No action of ejectment, when the plaintiff does not claim title to the lands, shall be brought or maintained when the plaintiff, or his or her testator or intestate, has been five (5) years out of possession. Rev. Stat., ch. 53, § 20; C. & M. Dig., § 6948; Pope's Dig., § 8926; A.S.A. 1947, § 37-106.

No action of ejectment, when the plaintiff does not claim title to the lands, shall be brought or maintained when the plaintiff, or his or her testator or intestate, has been five (5) years out of possession.

Rev. Stat., ch. 53, § 20; C. & M. Dig., § 6948; Pope's Dig., § 8926; A.S.A. 1947, § 37-106.
Ark. Code Ann. § 18-60-422 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-422
Report and confirmation of sale - Conveyances
Status: in_force

(a) After completing the sale, the commissioners shall report their proceedings to the court, on their oath, with a description of the different parcels of the land sold, the name of the purchaser, and the price bid by him or her, and the report shall be filed in the court. (b) If the sale is approved and confirmed by the court, an order shall be entered, directing the commissioners, or a majority of them, to execute conveyances pursuant to the sale, and the commissioners shall execute the conveyances accordingly. (c) The conveyances so executed shall be acknowledged or proven and recorded in the same manner as other conveyances of lands, and shall be a bar, both in law and equity, against all persons interested in the premises who shall have been parties to the proceedings and against all other persons claiming from or under the parties, or either of them, by title derived after suit commenced. Rev. Stat., ch. 107, §§ 28-30, C. & M. Dig., §§ 8116-8118; Pope's Dig., §§ 10537-10539, A.S.A. 1947, §§ 34-1831 -- 34-1833.

(a) After completing the sale, the commissioners shall report their proceedings to the court, on their oath, with a description of the different parcels of the land sold, the name of the purchaser, and the price bid by him or her, and the report shall be filed in the court.

(b) If the sale is approved and confirmed by the court, an order shall be entered, directing the commissioners, or a majority of them, to execute conveyances pursuant to the sale, and the commissioners shall execute the conveyances accordingly.

(c) The conveyances so executed shall be acknowledged or proven and recorded in the same manner as other conveyances of lands, and shall be a bar, both in law and equity, against all persons interested in the premises who shall have been parties to the proceedings and against all other persons claiming from or under the parties, or either of them, by title derived after suit commenced.

Rev. Stat., ch. 107, §§ 28-30, C. & M. Dig., §§ 8116-8118; Pope's Dig., §§ 10537-10539, A.S.A. 1947, §§ 34-1831 -- 34-1833.
Ark. Code Ann. § 18-4-206 — AR Code / Title 18 / Chapter 4 / Section 18-4-206
Persons acquiring property from slayer protected
Status: in_force

The provisions of this subchapter do not affect the right of a person who before the interests of the slayer have been adjudicated acquires from the slayer for adequate consideration property that the slayer would have received except for the terms of this subchapter if the person acquired the property without notice of circumstances tending to make this subchapter apply provided, however, that: (1) The consideration received by the slayer shall be held by the slayer in trust for the persons entitled to the property under this subchapter; and (2) The slayer is liable for: (A) Any portion of the consideration which the slayer may have transferred or dissipated; and (B) Any difference between the actual value of the property and the amount of the consideration paid for the property. Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.

The provisions of this subchapter do not affect the right of a person who before the interests of the slayer have been adjudicated acquires from the slayer for adequate consideration property that the slayer would have received except for the terms of this subchapter if the person acquired the property without notice of circumstances tending to make this subchapter apply provided, however, that:

(1) The consideration received by the slayer shall be held by the slayer in trust for the persons entitled to the property under this subchapter; and

(2) The slayer is liable for: (A) Any portion of the consideration which the slayer may have transferred or dissipated; and (B) Any difference between the actual value of the property and the amount of the consideration paid for the property.

(A) Any portion of the consideration which the slayer may have transferred or dissipated; and

(B) Any difference between the actual value of the property and the amount of the consideration paid for the property.

Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 18-15-902 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-902
Notice of petition
Status: in_force

(a) (1) Previous to any petition being presented for a public landing, notice shall be given by publication in some newspaper published in the county, if there is one. (2) If there is no newspaper published in the county, then notice shall be given by advertisement set up in three (3) public places in the township wherein it is sought to establish the public landing, stating the time when the petition is to be presented to the county court and the substance thereof. (b) The notice shall be duly authenticated and presented with the petition to the county court. Acts 1909, No. 307, § 4, p. 916; C. & M. Dig., § 4061; Pope's Dig., § 5064; A.S.A. 1947, § 35-1004.

(a) (1) Previous to any petition being presented for a public landing, notice shall be given by publication in some newspaper published in the county, if there is one. (2) If there is no newspaper published in the county, then notice shall be given by advertisement set up in three (3) public places in the township wherein it is sought to establish the public landing, stating the time when the petition is to be presented to the county court and the substance thereof.

(1) Previous to any petition being presented for a public landing, notice shall be given by publication in some newspaper published in the county, if there is one.

(2) If there is no newspaper published in the county, then notice shall be given by advertisement set up in three (3) public places in the township wherein it is sought to establish the public landing, stating the time when the petition is to be presented to the county court and the substance thereof.

(b) The notice shall be duly authenticated and presented with the petition to the county court.

Acts 1909, No. 307, § 4, p. 916; C. & M. Dig., § 4061; Pope's Dig., § 5064; A.S.A. 1947, § 35-1004.
Ark. Code Ann. § 18-15-1403 — AR Code / Title 18 / Chapter 15 / Subchapter 14 / Section 18-15-1403
Application
Status: in_force

(a) When it shall be deemed necessary by the city or town, cemetery or burial association, or persons owning land used for public burial purposes to take private property for burial purposes, an application in writing shall be made to the circuit court of the proper county or the judge thereof in vacation, describing as correctly as may be, the property to be taken and the name of the owner of the land proposed to be condemned and taken. (b) (1) Notice of the time and place of the application shall be given, either personally in the ordinary manner of serving process on the owner of the property or by publishing a copy of the application with a statement of the time and place at which it is to be made for three (3) weeks next preceding the time of application in some newspaper of general circulation in the county. (2) The personal service as provided for in this section shall be made at least ten (10) days before the time of application when the owner is a resident of the county where the property is situated. (3) The publishing of the notice of application in some newspaper of general circulation in the county where the property is situated shall be legal notice to the owner of the property when the owner is not a resident of the county where the property is situated. Acts 1935, No. 163, § 3; Pope's Dig., § 9967; A.S.A. 1947, § 35-803.

(a) When it shall be deemed necessary by the city or town, cemetery or burial association, or persons owning land used for public burial purposes to take private property for burial purposes, an application in writing shall be made to the circuit court of the proper county or the judge thereof in vacation, describing as correctly as may be, the property to be taken and the name of the owner of the land proposed to be condemned and taken.

(b) (1) Notice of the time and place of the application shall be given, either personally in the ordinary manner of serving process on the owner of the property or by publishing a copy of the application with a statement of the time and place at which it is to be made for three (3) weeks next preceding the time of application in some newspaper of general circulation in the county. (2) The personal service as provided for in this section shall be made at least ten (10) days before the time of application when the owner is a resident of the county where the property is situated. (3) The publishing of the notice of application in some newspaper of general circulation in the county where the property is situated shall be legal notice to the owner of the property when the owner is not a resident of the county where the property is situated.

(1) Notice of the time and place of the application shall be given, either personally in the ordinary manner of serving process on the owner of the property or by publishing a copy of the application with a statement of the time and place at which it is to be made for three (3) weeks next preceding the time of application in some newspaper of general circulation in the county.

(2) The personal service as provided for in this section shall be made at least ten (10) days before the time of application when the owner is a resident of the county where the property is situated.

(3) The publishing of the notice of application in some newspaper of general circulation in the county where the property is situated shall be legal notice to the owner of the property when the owner is not a resident of the county where the property is situated.

Acts 1935, No. 163, § 3; Pope's Dig., § 9967; A.S.A. 1947, § 35-803.
Ark. Code Ann. § 18-11-707 — AR Code / Title 18 / Chapter 11 / Subchapter 7 / Section 18-11-707
Expenses of relocation
Status: in_force

A servient estate owner is responsible for reasonable expenses of relocation of an easement under this subchapter, including the expense of: (1) constructing improvements on the servient estate or dominant estate in accordance with an order under § 18-11-706 ; (2) during the relocation, mitigating disruption in the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement; (3) obtaining a governmental approval or permit to relocate the easement and construct necessary improvements; (4) preparing and recording the certified copy required by § 18-11-706(d) and any other document required to be recorded; (5) any title work required to complete the relocation or required by a party to the civil action as a result of the relocation; (6) applicable premiums for title insurance related to the relocation; (7) any expert necessary to review plans and specifications for an improvement to be constructed in the relocated easement or on the dominant estate and to confirm compliance with the plans and specifications referred to in the order under § 18-11-706(b)(6) ; (8) payment of any maintenance cost associated with the relocated easement which is greater than the maintenance cost associated with the easement before relocation; and (9) obtaining any third-party consent required to relocate the easement. Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.

A servient estate owner is responsible for reasonable expenses of relocation of an easement under this subchapter, including the expense of:

(1) constructing improvements on the servient estate or dominant estate in accordance with an order under § 18-11-706 ;

(2) during the relocation, mitigating disruption in the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement;

(3) obtaining a governmental approval or permit to relocate the easement and construct necessary improvements;

(4) preparing and recording the certified copy required by § 18-11-706(d) and any other document required to be recorded;

(5) any title work required to complete the relocation or required by a party to the civil action as a result of the relocation;

(6) applicable premiums for title insurance related to the relocation;

(7) any expert necessary to review plans and specifications for an improvement to be constructed in the relocated easement or on the dominant estate and to confirm compliance with the plans and specifications referred to in the order under § 18-11-706(b)(6) ;

(8) payment of any maintenance cost associated with the relocated easement which is greater than the maintenance cost associated with the easement before relocation; and

(9) obtaining any third-party consent required to relocate the easement.

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 18-43-105 — AR Code / Title 18 / Chapter 43 / Section 18-43-105
Time to commence actions - Settlement
Status: in_force

(a) Proceedings under this section and §§ 18-43-101 , 18-43-104 , 18-43-106 - 18-43-110 , and 118-43-112 - 18-43-117 shall be commenced within eight (8) months after the work is done. (b) However, the employer may bring the laborer to settlement before a proper officer any time after the labor is performed by giving the laborer or his or her agent ten (10) days' notice. Acts 1868, No. 64, § 17, p. 224; C. & M. Dig., § 6862; Pope's Dig., § 8818; A.S.A. 1947, § 51-315.

(a) Proceedings under this section and §§ 18-43-101 , 18-43-104 , 18-43-106 - 18-43-110 , and 118-43-112 - 18-43-117 shall be commenced within eight (8) months after the work is done.

(b) However, the employer may bring the laborer to settlement before a proper officer any time after the labor is performed by giving the laborer or his or her agent ten (10) days' notice.

Acts 1868, No. 64, § 17, p. 224; C. & M. Dig., § 6862; Pope's Dig., § 8818; A.S.A. 1947, § 51-315.
Ark. Code Ann. § 18-12-702 — AR Code / Title 18 / Chapter 12 / Subchapter 7 / Section 18-12-702
Definitions
Status: in_force

As used in this subchapter: (1) "Available for immediate withdrawal as a matter of right" means the following: (A) For any item or draft, when the item or draft has been submitted for collection and payment received; and (B) For any deposited item or draft, when final settlement has occurred; (2) "Closing and settlement services" means those services which benefit the parties to the sale, lease, encumbrance, mortgage, or creation of a secured interest in and to real property, and the receipt and disbursement of money in connection with any sale, lease, encumbrance, mortgage, or deed of trust; and (3) "Financial institution" means an entity that is authorized under the laws of this state, another state, or the United States of America to make loans and receive deposits and has its deposits insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. Acts 1991, No. 1110, § 1.

As used in this subchapter:

(1) "Available for immediate withdrawal as a matter of right" means the following: (A) For any item or draft, when the item or draft has been submitted for collection and payment received; and (B) For any deposited item or draft, when final settlement has occurred;

(A) For any item or draft, when the item or draft has been submitted for collection and payment received; and

(B) For any deposited item or draft, when final settlement has occurred;

(2) "Closing and settlement services" means those services which benefit the parties to the sale, lease, encumbrance, mortgage, or creation of a secured interest in and to real property, and the receipt and disbursement of money in connection with any sale, lease, encumbrance, mortgage, or deed of trust; and

(3) "Financial institution" means an entity that is authorized under the laws of this state, another state, or the United States of America to make loans and receive deposits and has its deposits insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund.

Acts 1991, No. 1110, § 1.
Ark. Code Ann. § 18-60-1013 — AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1013
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This subchapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) . Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

This subchapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) .

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 18-60-815 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-815
Disposition of property replevied
Status: in_force

If the affidavit of the plaintiff states that the property was taken under an execution, the sheriff shall deliver it to the plaintiff. In every other case the sheriff shall retain the property in his or her possession for two (2) days, unless the bond mentioned in § 18-60-816 shall be sooner executed. Civil Code, § 209; C. & M. Dig., § 8648; Pope's Dig., § 11381; A.S.A. 1947, § 34-2108.

If the affidavit of the plaintiff states that the property was taken under an execution, the sheriff shall deliver it to the plaintiff. In every other case the sheriff shall retain the property in his or her possession for two (2) days, unless the bond mentioned in § 18-60-816 shall be sooner executed.

Civil Code, § 209; C. & M. Dig., § 8648; Pope's Dig., § 11381; A.S.A. 1947, § 34-2108.
Ark. Code Ann. § 18-15-1504 — AR Code / Title 18 / Chapter 15 / Subchapter 15 / Section 18-15-1504
Housing authorities - Power of eminent domain
Status: in_force

(a) A housing authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this subchapter after the adoption by it of a resolution declaring that the acquisition of the real property described in it is necessary for those purposes. (b) An authority may exercise the power of eminent domain in the manner prescribed in §§ 18-15-1202 - 18-15-1207 for condemnation by railroad corporations in this state, or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. (c) (1) Property already devoted to a public use may be acquired in like manner. (2) However, no real property belonging to the city, the county, the state, or any political subdivision thereof may be acquired without its consent. Acts 1937, No. 298, § 12; Pope's Dig., § 10070; A.S.A. 1947, § 19-3015.

(a) A housing authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this subchapter after the adoption by it of a resolution declaring that the acquisition of the real property described in it is necessary for those purposes.

(b) An authority may exercise the power of eminent domain in the manner prescribed in §§ 18-15-1202 - 18-15-1207 for condemnation by railroad corporations in this state, or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.

(c) (1) Property already devoted to a public use may be acquired in like manner. (2) However, no real property belonging to the city, the county, the state, or any political subdivision thereof may be acquired without its consent.

(1) Property already devoted to a public use may be acquired in like manner.

(2) However, no real property belonging to the city, the county, the state, or any political subdivision thereof may be acquired without its consent.

Acts 1937, No. 298, § 12; Pope's Dig., § 10070; A.S.A. 1947, § 19-3015.
Ark. Code Ann. § 18-48-806 — AR Code / Title 18 / Chapter 48 / Subchapter 8 / Section 18-48-806
Delivery of notice of claim of lien
Status: in_force

(a) Except for service of a complaint under § 18-48-807 or § 18-48-808 , a notice required to be delivered to a party under this subchapter shall be delivered by: (1) Any form of service of process permitted by Rule 4 of the Arkansas Rules of Civil Procedure; (2) Registered or certified mail, return receipt requested; or (3) Personal or electronic delivery and evidence of delivery in the form of a receipt or other paper or electronic acknowledgment by or from the party to whom the notice is delivered. (b) Delivery of the notice is effective at the time of: (1) Personal service; (2) Personal or electronic delivery; or (3) Three (3) days after deposit in the mail. (c) (1) Notice to a principal broker or owner of commercial real estate may be sent to: (A) The address of the principal broker or owner that is provided in the representation agreement; or (B) Any other address contained in a written notice from the principal broker or owner to the party giving the notice. (2) If no address can be found under the provisions of subdivision (c)(1) of this section, the notice may be given to: (A) The principal broker at his or her most recent address of record with the Arkansas Real Estate Commission; and (B) The owner at the address of the owner's commercial real estate. Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.

(a) Except for service of a complaint under § 18-48-807 or § 18-48-808 , a notice required to be delivered to a party under this subchapter shall be delivered by: (1) Any form of service of process permitted by Rule 4 of the Arkansas Rules of Civil Procedure; (2) Registered or certified mail, return receipt requested; or (3) Personal or electronic delivery and evidence of delivery in the form of a receipt or other paper or electronic acknowledgment by or from the party to whom the notice is delivered.

(1) Any form of service of process permitted by Rule 4 of the Arkansas Rules of Civil Procedure;

(2) Registered or certified mail, return receipt requested; or

(3) Personal or electronic delivery and evidence of delivery in the form of a receipt or other paper or electronic acknowledgment by or from the party to whom the notice is delivered.

(b) Delivery of the notice is effective at the time of: (1) Personal service; (2) Personal or electronic delivery; or (3) Three (3) days after deposit in the mail.

(1) Personal service;

(2) Personal or electronic delivery; or

(3) Three (3) days after deposit in the mail.

(c) (1) Notice to a principal broker or owner of commercial real estate may be sent to: (A) The address of the principal broker or owner that is provided in the representation agreement; or (B) Any other address contained in a written notice from the principal broker or owner to the party giving the notice. (2) If no address can be found under the provisions of subdivision (c)(1) of this section, the notice may be given to: (A) The principal broker at his or her most recent address of record with the Arkansas Real Estate Commission; and (B) The owner at the address of the owner's commercial real estate.

(1) Notice to a principal broker or owner of commercial real estate may be sent to: (A) The address of the principal broker or owner that is provided in the representation agreement; or (B) Any other address contained in a written notice from the principal broker or owner to the party giving the notice.

(A) The address of the principal broker or owner that is provided in the representation agreement; or

(B) Any other address contained in a written notice from the principal broker or owner to the party giving the notice.

(2) If no address can be found under the provisions of subdivision (c)(1) of this section, the notice may be given to: (A) The principal broker at his or her most recent address of record with the Arkansas Real Estate Commission; and (B) The owner at the address of the owner's commercial real estate.

(A) The principal broker at his or her most recent address of record with the Arkansas Real Estate Commission; and

(B) The owner at the address of the owner's commercial real estate.

Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.
Ark. Code Ann. § 18-46-111 — AR Code / Title 18 / Chapter 46 / Section 18-46-111
Incorporation of lien in action by patient
Status: in_force

If a patient has instituted an action in any court in Arkansas to enforce his or her claim against the tortfeasor through whose fault or neglect he or she was injured, or against any insurer by which he or she was insured against loss through accident or accidental means, and a practitioner, nurse, hospital, or ambulance service provider has filed in the court in which the action is pending a notice of his or her claim of lien, as authorized by this chapter, the court before which the action is pending shall have jurisdiction with respect to that claim of lien and shall embody in its judgment such an award with respect thereto as the evidence warrants. Acts 1933, No. 130, § 4; Pope's Dig., §§ 7992, 10821; A.S.A. 1947, § 51-804; Acts 1993, No. 271, § 9.

If a patient has instituted an action in any court in Arkansas to enforce his or her claim against the tortfeasor through whose fault or neglect he or she was injured, or against any insurer by which he or she was insured against loss through accident or accidental means, and a practitioner, nurse, hospital, or ambulance service provider has filed in the court in which the action is pending a notice of his or her claim of lien, as authorized by this chapter, the court before which the action is pending shall have jurisdiction with respect to that claim of lien and shall embody in its judgment such an award with respect thereto as the evidence warrants.

Acts 1933, No. 130, § 4; Pope's Dig., §§ 7992, 10821; A.S.A. 1947, § 51-804; Acts 1993, No. 271, § 9.
Ark. Code Ann. § 18-17-801 — AR Code / Title 18 / Chapter 17 / Subchapter 8 / Section 18-17-801
Severability
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this chapter that may be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Acts 2007, No. 1004, § 1.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this chapter that may be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-60-301 — AR Code / Title 18 / Chapter 60 / Subchapter 3 / Section 18-60-301
Legislative intent
Status: in_force

(a) Acts 1875, No. 85 [repealed], as amended by Acts 1875 (Adj. Sess.) No. 56; Acts 1891, No. 8 [repealed] and Acts 1947, No. 373 [repealed], which declare and describe the cause of action for forcible entry and detainer and unlawful detainer and prescribe the procedure for carrying out the rights and remedies granted to affected parties thereunder, is in need of clarification and revision in order that persons affected thereby may be afforded reasonable opportunity to be heard on legitimate objections to writs of possession entered in accordance with the provisions of this law. (b) It is, therefore, found to be to the best interest of the people of this state that an additional procedure be specifically prescribed for the enforcement of the rights of parties claiming a cause of action by reason of forcible entry and detainer or unlawful detainer of real property and those persons against whom such causes of action are brought. Acts 1981, No. 615, § 1; A.S.A. 1947, § 34-1501.

(a) Acts 1875, No. 85 [repealed], as amended by Acts 1875 (Adj. Sess.) No. 56; Acts 1891, No. 8 [repealed] and Acts 1947, No. 373 [repealed], which declare and describe the cause of action for forcible entry and detainer and unlawful detainer and prescribe the procedure for carrying out the rights and remedies granted to affected parties thereunder, is in need of clarification and revision in order that persons affected thereby may be afforded reasonable opportunity to be heard on legitimate objections to writs of possession entered in accordance with the provisions of this law.

(b) It is, therefore, found to be to the best interest of the people of this state that an additional procedure be specifically prescribed for the enforcement of the rights of parties claiming a cause of action by reason of forcible entry and detainer or unlawful detainer of real property and those persons against whom such causes of action are brought.

Acts 1981, No. 615, § 1; A.S.A. 1947, § 34-1501.
Ark. Code Ann. § 18-16-413 — AR Code / Title 18 / Chapter 16 / Subchapter 4 / Section 18-16-413
Sale of a vehicle
Status: in_force

A self-service storage facility may sell a vehicle of a type subject to registration under the laws of this state using the procedure for the sale of a vehicle as provided in §§ 27-50-1202 and 27-50-1208 - 27-50-1210 . Added by Act 2017, No. 738,§ 1, eff. 3/29/2017.

A self-service storage facility may sell a vehicle of a type subject to registration under the laws of this state using the procedure for the sale of a vehicle as provided in §§ 27-50-1202 and 27-50-1208 - 27-50-1210 .

Added by Act 2017, No. 738,§ 1, eff. 3/29/2017.
Ark. Code Ann. § 18-14-602 — AR Code / Title 18 / Chapter 14 / Subchapter 6 / Section 18-14-602
Protection of purchasers from subsequent underlying lien
Status: in_force

The developer whose project is subjected to an underlying blanket lien or encumbrance subsequent to the transfer of a time-share interest shall protect nondefaulting purchasers from foreclosure by: (1) Obtaining from the lienholder a nondisturbance clause, subordination agreement, or partial release of the lien for those time-share interests sold; or (2) Providing a surety bond or insurance against the lien from a company acceptable to the Arkansas Real Estate Commission. Amended by Act 2013, No. 710,§ 6, eff. 8/16/2013. Acts 1983, No. 294, Art. 5, § 5-102; A.S.A. 1947, § 50-1333.

The developer whose project is subjected to an underlying blanket lien or encumbrance subsequent to the transfer of a time-share interest shall protect nondefaulting purchasers from foreclosure by:

(1) Obtaining from the lienholder a nondisturbance clause, subordination agreement, or partial release of the lien for those time-share interests sold; or

(2) Providing a surety bond or insurance against the lien from a company acceptable to the Arkansas Real Estate Commission.

Amended by Act 2013, No. 710,§ 6, eff. 8/16/2013.

Acts 1983, No. 294, Art. 5, § 5-102; A.S.A. 1947, § 50-1333.
Ark. Code Ann. § 18-60-302 — AR Code / Title 18 / Chapter 60 / Subchapter 3 / Section 18-60-302
Improper entry prohibited
Status: in_force

No person shall enter into or upon any lands, tenements, or other possessions and detain or hold them except when an entry is given by law, and then only in a peaceable manner. Acts 1981, No. 615, § 2; A.S.A. 1947, § 34-1502.

No person shall enter into or upon any lands, tenements, or other possessions and detain or hold them except when an entry is given by law, and then only in a peaceable manner.

Acts 1981, No. 615, § 2; A.S.A. 1947, § 34-1502.
Ark. Code Ann. § 18-14-305 — AR Code / Title 18 / Chapter 14 / Subchapter 3 / Section 18-14-305
Instruments establishing time-share uses
Status: in_force

A project instrument or time-share instrument that establishes time-share uses containing accommodations located or offered in this state shall contain: (1) Identification by name of the time-share plan and street address where the time-share plan is situated; (2) Identification of the time periods, type of accommodations, the accommodations that are in the time-share plan and the length of time that the accommodations are committed to the time-share plan; (3) In case of a time-share plan, identification of which accommodations are in the time-share plan and the method for adding, deleting, or substituting other accommodations; and (4) Any other matters that the developer considers appropriate. Amended by Act 2013, No. 710,§ 3, eff. 8/16/2013. Acts 1983, No. 294, Art. 2, § 2-105; A.S.A. 1947, § 50-1312.

A project instrument or time-share instrument that establishes time-share uses containing accommodations located or offered in this state shall contain:

(1) Identification by name of the time-share plan and street address where the time-share plan is situated;

(2) Identification of the time periods, type of accommodations, the accommodations that are in the time-share plan and the length of time that the accommodations are committed to the time-share plan;

(3) In case of a time-share plan, identification of which accommodations are in the time-share plan and the method for adding, deleting, or substituting other accommodations; and

(4) Any other matters that the developer considers appropriate.

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

Acts 1983, No. 294, Art. 2, § 2-105; A.S.A. 1947, § 50-1312.
Ark. Code Ann. § 18-12-703 — AR Code / Title 18 / Chapter 12 / Subchapter 7 / Section 18-12-703
Closing and settlement services - Disbursement of funds - Penalties
Status: in_force

(a) (1) No person, firm, partnership, corporation, or other entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited. (2) However, the person, firm, partnership, corporation, or other entity providing closing and settlement services may advance funds, not to exceed five hundred dollars ($500), on behalf of interested parties for the transaction, to pay incidental fees and charges pertaining to the closing and settlement of the transaction. (b) Any person, firm, partnership, corporation, or other entity who knowingly and willfully violates the provisions of this subchapter shall be guilty of a Class A misdemeanor. (c) In addition to the criminal penalty imposed by this section, the prosecuting attorneys of this state shall have the authority to file a petition in circuit court in any county in which a violation of the provisions of this subchapter occurred, for civil enforcement of the provisions of this subchapter by seeking an injunction prohibiting any person, firm, partnership, corporation, or other entity from disbursing funds in violation of this subchapter. Acts 1991, No. 1110, § 1.

(a) (1) No person, firm, partnership, corporation, or other entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited. (2) However, the person, firm, partnership, corporation, or other entity providing closing and settlement services may advance funds, not to exceed five hundred dollars ($500), on behalf of interested parties for the transaction, to pay incidental fees and charges pertaining to the closing and settlement of the transaction.

(1) No person, firm, partnership, corporation, or other entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited.

(2) However, the person, firm, partnership, corporation, or other entity providing closing and settlement services may advance funds, not to exceed five hundred dollars ($500), on behalf of interested parties for the transaction, to pay incidental fees and charges pertaining to the closing and settlement of the transaction.

(b) Any person, firm, partnership, corporation, or other entity who knowingly and willfully violates the provisions of this subchapter shall be guilty of a Class A misdemeanor.

(c) In addition to the criminal penalty imposed by this section, the prosecuting attorneys of this state shall have the authority to file a petition in circuit court in any county in which a violation of the provisions of this subchapter occurred, for civil enforcement of the provisions of this subchapter by seeking an injunction prohibiting any person, firm, partnership, corporation, or other entity from disbursing funds in violation of this subchapter.

Acts 1991, No. 1110, § 1.
Ark. Code Ann. § 18-28-210 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-210
Custody by state - Recovery by holder - Defense of holder
Status: in_force

(a) In this section, payment or delivery is made in "good faith" if: (1) payment or delivery was made in a reasonable attempt to comply with this subchapter; (2) the holder was not then in breach of a fiduciary obligation with respect to the property and had a reasonable basis for believing, based on the facts then known, that the property was presumed abandoned; and (3) there is no showing that the records under which the payment or delivery was made did not meet reasonable commercial standards of practice. (b) Upon payment or delivery of property to the administrator, the state assumes custody and responsibility for the safekeeping of the property. A holder who pays or delivers property to the administrator in good faith is relieved of all liability arising thereafter with respect to the property. (c) A holder who has paid money to the administrator pursuant to this subchapter may subsequently make payment to a person reasonably appearing to the holder to be entitled to payment. Upon a filing by the holder of proof of payment and proof that the payee was entitled to the payment, the administrator shall promptly reimburse the holder for the payment without imposing a fee or other charge. If reimbursement is sought for a payment made on a negotiable instrument, including a traveler's check or money order, the holder must be reimbursed upon filing proof that the instrument was duly presented and that payment was made to a person who reasonably appeared to be entitled to payment. The holder must be reimbursed for payment made even if the payment was made to a person whose claim was barred under § 18-28-219(a) . (d) A holder who has delivered property other than money to the administrator pursuant to this subchapter may reclaim the property if it is still in the possession of the administrator, without paying any fee or other charge, upon filing proof that the apparent owner has claimed the property from the holder. (e) The administrator may accept a holder's affidavit as sufficient proof of the holder's right to recover money and property under this section. (f) If a holder pays or delivers property to the administrator in good faith and thereafter another person claims the property from the holder or another state claims the money or property under its laws relating to escheat or abandoned or unclaimed property, the administrator, upon written notice of the claim, shall defend the holder against the claim and indemnify the holder against any liability on the claim resulting from payment or delivery of the property to the administrator. (g) Property removed from a safe deposit box or other safekeeping depository is received by the administrator subject to the holder's right to be reimbursed for the cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges. The administrator shall reimburse the holder out of the proceeds remaining after deducting the expense incurred by the administrator in selling the property. Acts 1999, No. 850, § 10.

(a) In this section, payment or delivery is made in "good faith" if: (1) payment or delivery was made in a reasonable attempt to comply with this subchapter; (2) the holder was not then in breach of a fiduciary obligation with respect to the property and had a reasonable basis for believing, based on the facts then known, that the property was presumed abandoned; and (3) there is no showing that the records under which the payment or delivery was made did not meet reasonable commercial standards of practice.

(1) payment or delivery was made in a reasonable attempt to comply with this subchapter;

(2) the holder was not then in breach of a fiduciary obligation with respect to the property and had a reasonable basis for believing, based on the facts then known, that the property was presumed abandoned; and

(3) there is no showing that the records under which the payment or delivery was made did not meet reasonable commercial standards of practice.

(b) Upon payment or delivery of property to the administrator, the state assumes custody and responsibility for the safekeeping of the property. A holder who pays or delivers property to the administrator in good faith is relieved of all liability arising thereafter with respect to the property.

(c) A holder who has paid money to the administrator pursuant to this subchapter may subsequently make payment to a person reasonably appearing to the holder to be entitled to payment. Upon a filing by the holder of proof of payment and proof that the payee was entitled to the payment, the administrator shall promptly reimburse the holder for the payment without imposing a fee or other charge. If reimbursement is sought for a payment made on a negotiable instrument, including a traveler's check or money order, the holder must be reimbursed upon filing proof that the instrument was duly presented and that payment was made to a person who reasonably appeared to be entitled to payment. The holder must be reimbursed for payment made even if the payment was made to a person whose claim was barred under § 18-28-219(a) .

(d) A holder who has delivered property other than money to the administrator pursuant to this subchapter may reclaim the property if it is still in the possession of the administrator, without paying any fee or other charge, upon filing proof that the apparent owner has claimed the property from the holder.

(e) The administrator may accept a holder's affidavit as sufficient proof of the holder's right to recover money and property under this section.

(f) If a holder pays or delivers property to the administrator in good faith and thereafter another person claims the property from the holder or another state claims the money or property under its laws relating to escheat or abandoned or unclaimed property, the administrator, upon written notice of the claim, shall defend the holder against the claim and indemnify the holder against any liability on the claim resulting from payment or delivery of the property to the administrator.

(g) Property removed from a safe deposit box or other safekeeping depository is received by the administrator subject to the holder's right to be reimbursed for the cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges. The administrator shall reimburse the holder out of the proceeds remaining after deducting the expense incurred by the administrator in selling the property.

Acts 1999, No. 850, § 10.
Ark. Code Ann. § 18-15-704 — AR Code / Title 18 / Chapter 15 / Subchapter 7 / Section 18-15-704
Erection of certain dams permitted
Status: in_force

By proceeding as provided in this subchapter, any person may erect a dam across any watercourse not being a navigable stream if the person is the proprietor of the land through which the watercourse runs at the point where he or she proposes to erect his or her dam. Rev. Stat., ch. 98, § 1; C. & M. Dig., § 3943; Pope's Dig., § 4944; A.S.A. 1947, § 35-501.

By proceeding as provided in this subchapter, any person may erect a dam across any watercourse not being a navigable stream if the person is the proprietor of the land through which the watercourse runs at the point where he or she proposes to erect his or her dam.

Rev. Stat., ch. 98, § 1; C. & M. Dig., § 3943; Pope's Dig., § 4944; A.S.A. 1947, § 35-501.
Ark. Code Ann. § 18-60-202 — AR Code / Title 18 / Chapter 60 / Subchapter 2 / Section 18-60-202
Actions relating to public lands
Status: in_force

(a) The action of ejectment may be maintained in all cases in which the plaintiff claims the possession of the premises under or by virtue of: (1) An entry made with the register and receiver of the proper land office of the United States; (2) A preemption right under the laws of the United States; or (3) When an improvement has been made by him or her on any of the public lands of the United States, whether the lands have been surveyed or not, and when any person, other than those to whom the right of action is given by subdivisions (a)(1) and (2) of this section, is in possession of the improvement. (b) An action of trespass may also be maintained in all the cases enumerated in subsection (a) of this section. (c) The executor or administrator of any person who has died and who in his or her lifetime made improvements on any of the public lands of the United States, whether he or she had a right of preemption to the improvements or not under the laws of the United States, or whether the lands on which the improvements may have been made have been surveyed or not, may maintain an action of ejectment for the recovery of the improvement, to the same extent and with the same restrictions as provided by subsection (a) of this section, for their testator or intestate. Rev. Stat., ch. 53, §§ 2, 3, 19; C. & M. Dig., §§ 3687, 3688, 3702; Pope's Dig., §§ 4642, 4643, 4657; A.S.A. 1947, §§ 34-1402, 34-1403, 34-1429.

(a) The action of ejectment may be maintained in all cases in which the plaintiff claims the possession of the premises under or by virtue of: (1) An entry made with the register and receiver of the proper land office of the United States; (2) A preemption right under the laws of the United States; or (3) When an improvement has been made by him or her on any of the public lands of the United States, whether the lands have been surveyed or not, and when any person, other than those to whom the right of action is given by subdivisions (a)(1) and (2) of this section, is in possession of the improvement.

(1) An entry made with the register and receiver of the proper land office of the United States;

(2) A preemption right under the laws of the United States; or

(3) When an improvement has been made by him or her on any of the public lands of the United States, whether the lands have been surveyed or not, and when any person, other than those to whom the right of action is given by subdivisions (a)(1) and (2) of this section, is in possession of the improvement.

(b) An action of trespass may also be maintained in all the cases enumerated in subsection (a) of this section.

(c) The executor or administrator of any person who has died and who in his or her lifetime made improvements on any of the public lands of the United States, whether he or she had a right of preemption to the improvements or not under the laws of the United States, or whether the lands on which the improvements may have been made have been surveyed or not, may maintain an action of ejectment for the recovery of the improvement, to the same extent and with the same restrictions as provided by subsection (a) of this section, for their testator or intestate.

Rev. Stat., ch. 53, §§ 2, 3, 19; C. & M. Dig., §§ 3687, 3688, 3702; Pope's Dig., §§ 4642, 4643, 4657; A.S.A. 1947, §§ 34-1402, 34-1403, 34-1429.
Ark. Code Ann. § 18-15-1204 — AR Code / Title 18 / Chapter 15 / Subchapter 12 / Section 18-15-1204
Assessment of damages by jury
Status: in_force

(a) It shall be the duty of the court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation which the company shall pay. The matter shall proceed and be determined as other civil causes. (b) The amount of damages to be paid the owner of the lands for the right-of-way for the use of the company shall be determined and assessed irrespective of any benefit the owner may receive from any improvement proposed by the company. Acts 1873, No. 123, § 5, p. 290; C. & M. Dig., §§ 3997, 3998; Pope's Dig., §§ 4999, 5000; A.S.A. 1947, § 35-204.

(a) It shall be the duty of the court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation which the company shall pay. The matter shall proceed and be determined as other civil causes.

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

Acts 1873, No. 123, § 5, p. 290; C. & M. Dig., §§ 3997, 3998; Pope's Dig., §§ 4999, 5000; A.S.A. 1947, § 35-204.
Ark. Code Ann. § 18-50-117 — AR Code / Title 18 / Chapter 50 / Section 18-50-117
Foreign corporations and other entities
Status: in_force

No person, firm, company, association, fiduciary, or partnership, either domestic or foreign, shall avail themselves of the procedures under this chapter unless authorized to do business in this state. Acts 2003, No. 1303, § 1.

No person, firm, company, association, fiduciary, or partnership, either domestic or foreign, shall avail themselves of the procedures under this chapter unless authorized to do business in this state.

Acts 2003, No. 1303, § 1.
Ark. Code Ann. § 18-28-227 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-227
Transitional provisions
Status: in_force

(a) An initial report filed under this subchapter for property that was not required to be reported before July 30, 1999, but which is subject to this subchapter must include all items of property that would have been presumed abandoned during the ten-year period next preceding July 30, 1999, as if this subchapter had been in effect during that period. (b) This subchapter does not relieve a holder of a duty that arose before July 30, 1999, to report, pay, or deliver property. Except as otherwise provided in § 18-28-219(b) , a holder who did not comply with the law in effect before July 30, 1999, is subject to the applicable provisions for enforcement and penalties which then existed, which are continued in effect for the purpose of this section. Acts 1999, No. 850, § 27.

(a) An initial report filed under this subchapter for property that was not required to be reported before July 30, 1999, but which is subject to this subchapter must include all items of property that would have been presumed abandoned during the ten-year period next preceding July 30, 1999, as if this subchapter had been in effect during that period.

(b) This subchapter does not relieve a holder of a duty that arose before July 30, 1999, to report, pay, or deliver property. Except as otherwise provided in § 18-28-219(b) , a holder who did not comply with the law in effect before July 30, 1999, is subject to the applicable provisions for enforcement and penalties which then existed, which are continued in effect for the purpose of this section.

Acts 1999, No. 850, § 27.
Ark. Code Ann. § 18-11-805 — AR Code / Title 18 / Chapter 11 / Subchapter 8 / Section 18-11-805
Office of Agricultural Intelligence - Creation - Duties
Status: in_force

(a) There is created within the Department of Agriculture the Office of Agricultural Intelligence. (b) The office is authorized and directed to: (1) Collect and analyze information concerning the unlawful sale or possession of agricultural land by prohibited foreign parties; and (2) Administer and enforce the provisions of this subchapter, including without limitation the reporting of a violation of this subchapter to the Attorney General under § 18-11-804(c) . (c) The Secretary of the Department of Agriculture may designate employees of the department who meet the requirements of § 25-38-203(a)(12) to perform the duties of the office under subsection (b) of this section. (d) The office shall operate under the direction of the secretary. Added by Act 2023, No. 636,§ 3, eff. 8/1/2023.

(a) There is created within the Department of Agriculture the Office of Agricultural Intelligence.

(b) The office is authorized and directed to: (1) Collect and analyze information concerning the unlawful sale or possession of agricultural land by prohibited foreign parties; and (2) Administer and enforce the provisions of this subchapter, including without limitation the reporting of a violation of this subchapter to the Attorney General under § 18-11-804(c) .

(1) Collect and analyze information concerning the unlawful sale or possession of agricultural land by prohibited foreign parties; and

(2) Administer and enforce the provisions of this subchapter, including without limitation the reporting of a violation of this subchapter to the Attorney General under § 18-11-804(c) .

(c) The Secretary of the Department of Agriculture may designate employees of the department who meet the requirements of § 25-38-203(a)(12) to perform the duties of the office under subsection (b) of this section.

(d) The office shall operate under the direction of the secretary.

Added by Act 2023, No. 636,§ 3, eff. 8/1/2023.
Ark. Code Ann. § 18-15-605 — AR Code / Title 18 / Chapter 15 / Subchapter 6 / Section 18-15-605
Damages - Deposits
Status: in_force

(a) The further proceedings in the matter of assessment of damages and the making of deposits to secure the owner shall be the same as is now prescribed by law in reference to condemnation proceedings by railroad, telegraph, and telephone corporations, except that the measure of damages shall be the fair market value of the condemned property at the time of the filing of the petition by the corporation or water association as may be determined by law. (b) In the case of application for orders of immediate possession by the corporation or water association, if the amount awarded by the jury exceeds the amount deposited by the corporation or water association in an amount which is more than twenty percent (20%) of the sum deposited, the landowner shall be entitled to recover the reasonable attorney's fees and costs. Acts 1895, No. 126, § 6, p. 183; C. & M. Dig., § 4039; Pope's Dig., § 5041; A.S.A. 1947, § 35-406; Acts 1995, No. 1207, § 3; 1999, No. 55, § 1.

(a) The further proceedings in the matter of assessment of damages and the making of deposits to secure the owner shall be the same as is now prescribed by law in reference to condemnation proceedings by railroad, telegraph, and telephone corporations, except that the measure of damages shall be the fair market value of the condemned property at the time of the filing of the petition by the corporation or water association as may be determined by law.

(b) In the case of application for orders of immediate possession by the corporation or water association, if the amount awarded by the jury exceeds the amount deposited by the corporation or water association in an amount which is more than twenty percent (20%) of the sum deposited, the landowner shall be entitled to recover the reasonable attorney's fees and costs.

Acts 1895, No. 126, § 6, p. 183; C. & M. Dig., § 4039; Pope's Dig., § 5041; A.S.A. 1947, § 35-406; Acts 1995, No. 1207, § 3; 1999, No. 55, § 1.
Ark. Code Ann. § 18-4-202 — AR Code / Title 18 / Chapter 4 / Section 18-4-202
Definitions
Status: in_force

As used in this chapter: (1) "Decedent" means a person whose life is taken by a slayer; (2) "Property" means real or personal property; and (3) "Slayer" means an individual who is: (A) Convicted by a court of competent jurisdiction of or pleads guilty or nolo contendere to the unlawful killing of the decedent; (B) Found by a preponderance of the evidence in a civil action to have unlawfully killed the decedent or procured the killing of the decedent, including an individual who has been: (i) Acquitted by reason of insanity, mental defect or disease, or any other mental incapacity concerning a criminal charge of the unlawful killing of the decedent; or (ii) Found to lack the capacity to understand or effectively assist in a criminal proceeding against himself or herself for the unlawful killing of the decedent; or (C) A juvenile who is adjudicated delinquent by reason of committing an act that if committed by an adult would constitute the unlawful killing of the decedent. Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.

As used in this chapter:

(1) "Decedent" means a person whose life is taken by a slayer;

(2) "Property" means real or personal property; and

(3) "Slayer" means an individual who is: (A) Convicted by a court of competent jurisdiction of or pleads guilty or nolo contendere to the unlawful killing of the decedent; (B) Found by a preponderance of the evidence in a civil action to have unlawfully killed the decedent or procured the killing of the decedent, including an individual who has been: (i) Acquitted by reason of insanity, mental defect or disease, or any other mental incapacity concerning a criminal charge of the unlawful killing of the decedent; or (ii) Found to lack the capacity to understand or effectively assist in a criminal proceeding against himself or herself for the unlawful killing of the decedent; or (C) A juvenile who is adjudicated delinquent by reason of committing an act that if committed by an adult would constitute the unlawful killing of the decedent.

(A) Convicted by a court of competent jurisdiction of or pleads guilty or nolo contendere to the unlawful killing of the decedent;

(B) Found by a preponderance of the evidence in a civil action to have unlawfully killed the decedent or procured the killing of the decedent, including an individual who has been: (i) Acquitted by reason of insanity, mental defect or disease, or any other mental incapacity concerning a criminal charge of the unlawful killing of the decedent; or (ii) Found to lack the capacity to understand or effectively assist in a criminal proceeding against himself or herself for the unlawful killing of the decedent; or

(i) Acquitted by reason of insanity, mental defect or disease, or any other mental incapacity concerning a criminal charge of the unlawful killing of the decedent; or

(ii) Found to lack the capacity to understand or effectively assist in a criminal proceeding against himself or herself for the unlawful killing of the decedent; or

(C) A juvenile who is adjudicated delinquent by reason of committing an act that if committed by an adult would constitute the unlawful killing of the decedent.

Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 18-14-206 — AR Code / Title 18 / Chapter 14 / Subchapter 2 / Section 18-14-206
Effectiveness of registration or amendment
Status: in_force

(a) (1) Except as otherwise provided, the effective date of the registration or any amendment is forty-five (45) days after its filing or such earlier date as the Arkansas Real Estate Commission may determine, having regard for the public interest and the protection of purchasers. (2) If an amendment to a registration is filed before the effective date, the registration is considered to have been filed when the amendment was filed. (b) (1) If it appears to the commission that the application for registration or an amendment to the registration is on its face incomplete or inaccurate in any material respect, the commission shall so advise the developer by listing each deficiency in writing before the date the registration would otherwise be effective. (2) The notification of the deficiency serves to suspend the effective date of the filing until ten (10) days after the developer files the additional information as required by the commission. (3) (A) Any developer, upon receipt of the notice of deficiencies, may request a hearing. (B) The hearing shall be held within thirty (30) days of receipt of the request. Amended by Act 2013, No. 710,§ 2, eff. 8/16/2013. Acts 1983, No. 294, Art. 4, § 4-105; 1983, No. 765, § 4; A.S.A. 1947, § 50-1329.

(a) (1) Except as otherwise provided, the effective date of the registration or any amendment is forty-five (45) days after its filing or such earlier date as the Arkansas Real Estate Commission may determine, having regard for the public interest and the protection of purchasers. (2) If an amendment to a registration is filed before the effective date, the registration is considered to have been filed when the amendment was filed.

(1) Except as otherwise provided, the effective date of the registration or any amendment is forty-five (45) days after its filing or such earlier date as the Arkansas Real Estate Commission may determine, having regard for the public interest and the protection of purchasers.

(2) If an amendment to a registration is filed before the effective date, the registration is considered to have been filed when the amendment was filed.

(b) (1) If it appears to the commission that the application for registration or an amendment to the registration is on its face incomplete or inaccurate in any material respect, the commission shall so advise the developer by listing each deficiency in writing before the date the registration would otherwise be effective. (2) The notification of the deficiency serves to suspend the effective date of the filing until ten (10) days after the developer files the additional information as required by the commission. (3) (A) Any developer, upon receipt of the notice of deficiencies, may request a hearing. (B) The hearing shall be held within thirty (30) days of receipt of the request.

(1) If it appears to the commission that the application for registration or an amendment to the registration is on its face incomplete or inaccurate in any material respect, the commission shall so advise the developer by listing each deficiency in writing before the date the registration would otherwise be effective.

(2) The notification of the deficiency serves to suspend the effective date of the filing until ten (10) days after the developer files the additional information as required by the commission.

(3) (A) Any developer, upon receipt of the notice of deficiencies, may request a hearing. (B) The hearing shall be held within thirty (30) days of receipt of the request.

(A) Any developer, upon receipt of the notice of deficiencies, may request a hearing.

(B) The hearing shall be held within thirty (30) days of receipt of the request.

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

Acts 1983, No. 294, Art. 4, § 4-105; 1983, No. 765, § 4; A.S.A. 1947, § 50-1329.
Ark. Code Ann. § 18-11-104 — AR Code / Title 18 / Chapter 11 / Subchapter 1 / Section 18-11-104
Right of possession not impaired by descent cast
Status: in_force

The right of any person to the possession of any lands or tenements shall not be impaired or affected by a descent cast in consequence of the death of any person in possession of the estate. Rev. Stat., ch. 91, § 3; C. & M. Dig., § 6945; Pope's Dig., § 8923; A.S.A. 1947, § 37-105.

The right of any person to the possession of any lands or tenements shall not be impaired or affected by a descent cast in consequence of the death of any person in possession of the estate.

Rev. Stat., ch. 91, § 3; C. & M. Dig., § 6945; Pope's Dig., § 8923; A.S.A. 1947, § 37-105.
Ark. Code Ann. § 18-17-705 — AR Code / Title 18 / Chapter 17 / Subchapter 7 / Section 18-17-705
Landlord remedies for refusal of access to rental property
Status: in_force

(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief in district court without posting bond to compel access or terminate the rental agreement. (b) In either case the landlord may recover actual damages and reasonable attorney's fees. Acts 2007, No. 1004, § 1.

(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief in district court without posting bond to compel access or terminate the rental agreement.

(b) In either case the landlord may recover actual damages and reasonable attorney's fees.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-42-105 — AR Code / Title 18 / Chapter 42 / Section 18-42-105
Reservation of lien
Status: in_force

Specific liens are reserved upon so much of the produce raised and articles constructed or manufactured by laborers during their contract as will secure all moneys, the value of all supplies furnished them by the employers, and all wages or shares due the laborer. Acts 1883, No. 96, § 3, p. 176; C. & M. Dig., § 6882; Pope's Dig., § 8838; A.S.A. 1947, § 51-505.

Specific liens are reserved upon so much of the produce raised and articles constructed or manufactured by laborers during their contract as will secure all moneys, the value of all supplies furnished them by the employers, and all wages or shares due the laborer.

Acts 1883, No. 96, § 3, p. 176; C. & M. Dig., § 6882; Pope's Dig., § 8838; A.S.A. 1947, § 51-505.
Ark. Code Ann. § 18-11-406 — AR Code / Title 18 / Chapter 11 / Subchapter 4 / Section 18-11-406
Color of paint - Unlawful posting - Exception
Status: in_force

(a) (1) The color of paint prescribed by the Arkansas Forestry Commission for posting purposes shall not be used on trees or posts for any other purpose. (2) Any person who knowingly paints such color on any tree or post for any purpose other than posting real property pursuant to this subchapter shall be guilty of a Class B misdemeanor. (b) (1) It shall be unlawful for any person to post any lands which the person does not own or lease except with the written permission of the owner or lessee. (2) Any person violating this section shall be guilty of a Class B misdemeanor. Acts 1989, No. 35, §§ 4, 5; 2011, No. 271, § 1.

(a) (1) The color of paint prescribed by the Arkansas Forestry Commission for posting purposes shall not be used on trees or posts for any other purpose. (2) Any person who knowingly paints such color on any tree or post for any purpose other than posting real property pursuant to this subchapter shall be guilty of a Class B misdemeanor.

(1) The color of paint prescribed by the Arkansas Forestry Commission for posting purposes shall not be used on trees or posts for any other purpose.

(2) Any person who knowingly paints such color on any tree or post for any purpose other than posting real property pursuant to this subchapter shall be guilty of a Class B misdemeanor.

(b) (1) It shall be unlawful for any person to post any lands which the person does not own or lease except with the written permission of the owner or lessee. (2) Any person violating this section shall be guilty of a Class B misdemeanor.

(1) It shall be unlawful for any person to post any lands which the person does not own or lease except with the written permission of the owner or lessee.

(2) Any person violating this section shall be guilty of a Class B misdemeanor.

Acts 1989, No. 35, §§ 4, 5; 2011, No. 271, § 1.
Ark. Code Ann. § 18-60-405 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-405
Guardians for infants or individuals with mental illness
Status: in_force

(a) The statutory guardian of an infant or of an individual with mental illness may file or unite in the petition in the names of, and in conjunction with, the infant or person of unsound mind. (b) (1) If the petition is filed against infants or individuals with mental illness, the guardian may appear and defend for them and protect their interests. (2) If the guardian does not, the court shall appoint some discreet person for that purpose. Civil Code, § 540; C. & M. Dig., § 8095; Pope's Dig., § 10515; A.S.A. 1947, § 34-1803.

(a) The statutory guardian of an infant or of an individual with mental illness may file or unite in the petition in the names of, and in conjunction with, the infant or person of unsound mind.

(b) (1) If the petition is filed against infants or individuals with mental illness, the guardian may appear and defend for them and protect their interests. (2) If the guardian does not, the court shall appoint some discreet person for that purpose.

(1) If the petition is filed against infants or individuals with mental illness, the guardian may appear and defend for them and protect their interests.

(2) If the guardian does not, the court shall appoint some discreet person for that purpose.

Civil Code, § 540; C. & M. Dig., § 8095; Pope's Dig., § 10515; A.S.A. 1947, § 34-1803.
Ark. Code Ann. § 18-17-203 — AR Code / Title 18 / Chapter 17 / Subchapter 2 / Section 18-17-203
Jurisdiction and service of process
Status: in_force

The district court or appropriate court of this state shall exercise jurisdiction over any landlord with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. Acts 2007, No. 1004, § 1.

The district court or appropriate court of this state shall exercise jurisdiction over any landlord with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-12-302 — AR Code / Title 18 / Chapter 12 / Subchapter 3 / Section 18-12-302
Dissolution
Status: in_force

(a) (1) Any estate which under the common law would be deemed an estate tail or a fee tail estate or any estate created by reason of a conveyance to a grantee or grantees and the heirs of his or her body or to other contingent remaindermen may be dissolved by the grantor creating such an estate and all life tenants and all of the other persons then living who might be remaindermen in event of the death of the life tenant or tenants executing a conveyance of the fee. (2) The conveyance shall vest in the grantee the fee simple title to the lands therein conveyed. (b) The method of extinguishing the estates mentioned in subsection (a) of this section shall apply equally to those estates now in existence and to those which may hereafter come into existence. (c) The rights and privileges provided by this section are permissive and cumulative to the rights and remedies now existing under the laws of this state. Acts 1957, No. 163, §§ 1-3; A.S.A. 1947, §§ 50-405.1 -- 50-405.3.

(a) (1) Any estate which under the common law would be deemed an estate tail or a fee tail estate or any estate created by reason of a conveyance to a grantee or grantees and the heirs of his or her body or to other contingent remaindermen may be dissolved by the grantor creating such an estate and all life tenants and all of the other persons then living who might be remaindermen in event of the death of the life tenant or tenants executing a conveyance of the fee. (2) The conveyance shall vest in the grantee the fee simple title to the lands therein conveyed.

(1) Any estate which under the common law would be deemed an estate tail or a fee tail estate or any estate created by reason of a conveyance to a grantee or grantees and the heirs of his or her body or to other contingent remaindermen may be dissolved by the grantor creating such an estate and all life tenants and all of the other persons then living who might be remaindermen in event of the death of the life tenant or tenants executing a conveyance of the fee.

(2) The conveyance shall vest in the grantee the fee simple title to the lands therein conveyed.

(b) The method of extinguishing the estates mentioned in subsection (a) of this section shall apply equally to those estates now in existence and to those which may hereafter come into existence.

(c) The rights and privileges provided by this section are permissive and cumulative to the rights and remedies now existing under the laws of this state.

Acts 1957, No. 163, §§ 1-3; A.S.A. 1947, §§ 50-405.1 -- 50-405.3.
Ark. Code Ann. § 18-15-1706 — AR Code / Title 18 / Chapter 15 / Subchapter 17 / Section 18-15-1706
Appeals
Status: in_force

An appeal from the final judgment of the cause of action in § 18-15-1703 may be taken according to law. Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.

An appeal from the final judgment of the cause of action in § 18-15-1703 may be taken according to law.

Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.
Ark. Code Ann. § 18-12-101 — AR Code / Title 18 / Chapter 12 / Subchapter 1 / Section 18-12-101
Definition and applicability
Status: in_force

(a) The term "real estate" as used in this act shall be construed as co-extensive in meaning with "lands, tenements, and hereditaments" and as embracing all chattels real. (b) This act shall not be construed so as to embrace last wills and testaments. Rev. Stat., ch. 31, §§ 7, 8; C. & M. Dig., §§ 1501, 1502; Pope's Dig., §§ 1810, 1811; A.S.A. 1947, §§ 50-409, 50-410.

(a) The term "real estate" as used in this act shall be construed as co-extensive in meaning with "lands, tenements, and hereditaments" and as embracing all chattels real.

(b) This act shall not be construed so as to embrace last wills and testaments.

Rev. Stat., ch. 31, §§ 7, 8; C. & M. Dig., §§ 1501, 1502; Pope's Dig., §§ 1810, 1811; A.S.A. 1947, §§ 50-409, 50-410.
Ark. Code Ann. § 18-11-708 — AR Code / Title 18 / Chapter 11 / Subchapter 7 / Section 18-11-708
Duty to act in good faith
Status: in_force

After the court, under § 18-11-706 , approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with this subchapter. Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.

After the court, under § 18-11-706 , approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with this subchapter.

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 18-15-406 — AR Code / Title 18 / Chapter 15 / Subchapter 4 / Section 18-15-406
Water pipelines and appurtenances
Status: in_force

Water pipelines, with appurtenances, may be constructed and maintained: (1) Across and under lands and waters of the state, but the ordinary use of the lands and waters shall not be unduly obstructed thereby; and (2) (A) Under, across, and along public highways, roads, streets, and alleys. (B) However, the ordinary use of these public highways, roads, streets, and alleys shall not be unduly obstructed thereby, and the municipality constructing the water pipelines shall at its own expense properly backfill the trench in which the pipeline is laid and shall at its own expense restore any sidewalks, curbs, gutters, pavements, or surfacing cut or damaged by the construction or maintenance. Acts 1957, No. 269, § 7; A.S.A. 1947, § 35-913.

Water pipelines, with appurtenances, may be constructed and maintained:

(1) Across and under lands and waters of the state, but the ordinary use of the lands and waters shall not be unduly obstructed thereby; and

(2) (A) Under, across, and along public highways, roads, streets, and alleys. (B) However, the ordinary use of these public highways, roads, streets, and alleys shall not be unduly obstructed thereby, and the municipality constructing the water pipelines shall at its own expense properly backfill the trench in which the pipeline is laid and shall at its own expense restore any sidewalks, curbs, gutters, pavements, or surfacing cut or damaged by the construction or maintenance.

(A) Under, across, and along public highways, roads, streets, and alleys.

(B) However, the ordinary use of these public highways, roads, streets, and alleys shall not be unduly obstructed thereby, and the municipality constructing the water pipelines shall at its own expense properly backfill the trench in which the pipeline is laid and shall at its own expense restore any sidewalks, curbs, gutters, pavements, or surfacing cut or damaged by the construction or maintenance.

Acts 1957, No. 269, § 7; A.S.A. 1947, § 35-913.
Ark. Code Ann. § 18-48-601 — AR Code / Title 18 / Chapter 48 / Subchapter 6 / Section 18-48-601
Perfection of lien
Status: in_force

A person furnishing or placing in a cemetery or burial ground, a monument, gravestone, enclosure, or other structure has a lien thereon for the agreed price thereof, or the part remaining unpaid, with interest from the time the amount was due, upon filing with the superintendent or person in charge of the cemetery or burial ground a notice of lien as provided in this subchapter. Acts 1959, No. 109, § 1; A.S.A. 1947, § 51-930.

A person furnishing or placing in a cemetery or burial ground, a monument, gravestone, enclosure, or other structure has a lien thereon for the agreed price thereof, or the part remaining unpaid, with interest from the time the amount was due, upon filing with the superintendent or person in charge of the cemetery or burial ground a notice of lien as provided in this subchapter.

Acts 1959, No. 109, § 1; A.S.A. 1947, § 51-930.
Ark. Code Ann. § 18-61-102 — AR Code / Title 18 / Chapter 61 / Section 18-61-102
Entry upon land or tenements - Exception for unpaved road easements
Status: in_force

(a) An entry upon lands or tenements shall not be deemed sufficient or valid as a claim unless an action is commenced thereon within one (1) year after the entry and within seven (7) years from the time when the right to make the entry descended or accrued. (b) This section does not apply to the circumstances set forth in § 18-61-101(e)(2) and (3) . Amended by Act 2015, No. 1006,§ 2, eff. 7/22/2015. Rev. Stat., ch. 91, § 2; C. & M. Dig., § 6944; Pope's Dig., § 8922; Acts 1945, No. 82, § 1; A.S.A. 1947, § 37-104.

(a) An entry upon lands or tenements shall not be deemed sufficient or valid as a claim unless an action is commenced thereon within one (1) year after the entry and within seven (7) years from the time when the right to make the entry descended or accrued.

(b) This section does not apply to the circumstances set forth in § 18-61-101(e)(2) and (3) .

Amended by Act 2015, No. 1006,§ 2, eff. 7/22/2015.

Rev. Stat., ch. 91, § 2; C. & M. Dig., § 6944; Pope's Dig., § 8922; Acts 1945, No. 82, § 1; A.S.A. 1947, § 37-104.
Ark. Code Ann. § 18-15-307 — AR Code / Title 18 / Chapter 15 / Subchapter 3 / Section 18-15-307
Compensation for and possession of property
Status: in_force

(a) As soon as the amount of compensation that may be due to the owners of the property taken, or to any of them, shall have been ascertained by the jury, the court shall make such order as to its payment or deposit as shall be deemed right and proper in respect to the time and place of payment and the proportion to which each owner is entitled and may require adverse claimants of any part of the money or property to interplead, so as to fully settle and determine their rights and interests according to equity and justice. (b) The court may direct the time and manner in which possession of the property condemned shall be taken or delivered and may, if necessary, enforce any order giving possession. (c) The costs occasioned by the assessment shall be paid by the corporation, and, as to the other costs which may arise, they shall be charged or taxed as the court may direct. (d) (1) No delay in making an assessment of compensation or in taking possession shall be occasioned by any doubt which may arise as to ownership of the property, or any part thereof, or as to the interests of the respective owners. (2) However, in cases in which ownership of the property is doubted, the court shall require a deposit of the money allowed as compensation for the whole property in dispute. (e) In all cases, as soon as the corporation has paid the compensation assessed or secured the payment by a deposit of money under the order of the court, possession of the property may be taken and the public work or improvement progress. Acts 1875, No. 1, § 75, p. 1; C. & M. Dig., §§ 4017-4019; Pope's Dig., §§ 5019-5021; A.S.A. 1947, § 35-906.

(a) As soon as the amount of compensation that may be due to the owners of the property taken, or to any of them, shall have been ascertained by the jury, the court shall make such order as to its payment or deposit as shall be deemed right and proper in respect to the time and place of payment and the proportion to which each owner is entitled and may require adverse claimants of any part of the money or property to interplead, so as to fully settle and determine their rights and interests according to equity and justice.

(b) The court may direct the time and manner in which possession of the property condemned shall be taken or delivered and may, if necessary, enforce any order giving possession.

(c) The costs occasioned by the assessment shall be paid by the corporation, and, as to the other costs which may arise, they shall be charged or taxed as the court may direct.

(d) (1) No delay in making an assessment of compensation or in taking possession shall be occasioned by any doubt which may arise as to ownership of the property, or any part thereof, or as to the interests of the respective owners. (2) However, in cases in which ownership of the property is doubted, the court shall require a deposit of the money allowed as compensation for the whole property in dispute.

(1) No delay in making an assessment of compensation or in taking possession shall be occasioned by any doubt which may arise as to ownership of the property, or any part thereof, or as to the interests of the respective owners.

(2) However, in cases in which ownership of the property is doubted, the court shall require a deposit of the money allowed as compensation for the whole property in dispute.

(e) In all cases, as soon as the corporation has paid the compensation assessed or secured the payment by a deposit of money under the order of the court, possession of the property may be taken and the public work or improvement progress.

Acts 1875, No. 1, § 75, p. 1; C. & M. Dig., §§ 4017-4019; Pope's Dig., §§ 5019-5021; A.S.A. 1947, § 35-906.
Ark. Code Ann. § 18-60-206 — AR Code / Title 18 / Chapter 60 / Subchapter 2 / Section 18-60-206
Proof required to recover
Status: in_force

(a) To entitle the plaintiff to recover, it shall be sufficient for him or her to show that, at the time of the commencement of the action, the defendant was in possession of the premises claimed and that the plaintiff had title thereto or had the right to the possession thereof as is declared by §§ 18-60-201 and 18-60-202 to be sufficient to maintain the action of ejectment. (b) If the action is brought by a joint tenant or tenant in common against his or her cotenant, the plaintiff shall also be required to show at the trial that the defendant actually ousted him or her or did some act amounting to a total denial of his or her right as a cotenant. Rev. Stat., ch. 53, §§ 11, 12; C. & M. Dig., §§ 3694, 3695; Pope's Dig., §§ 4649, 4650; A.S.A. 1947, §§ 34-1411, 34-1412.

(a) To entitle the plaintiff to recover, it shall be sufficient for him or her to show that, at the time of the commencement of the action, the defendant was in possession of the premises claimed and that the plaintiff had title thereto or had the right to the possession thereof as is declared by §§ 18-60-201 and 18-60-202 to be sufficient to maintain the action of ejectment.

(b) If the action is brought by a joint tenant or tenant in common against his or her cotenant, the plaintiff shall also be required to show at the trial that the defendant actually ousted him or her or did some act amounting to a total denial of his or her right as a cotenant.

Rev. Stat., ch. 53, §§ 11, 12; C. & M. Dig., §§ 3694, 3695; Pope's Dig., §§ 4649, 4650; A.S.A. 1947, §§ 34-1411, 34-1412.
Ark. Code Ann. § 18-60-605 — AR Code / Title 18 / Chapter 60 / Subchapter 6 / Section 18-60-605
Trial of sale validity
Status: in_force

In case any person or persons claiming title to the land opposed the confirmation of sale, then the court shall try the validity of the sale and the court shall: (1) Confirm the sale if the sale was valid; or (2) Annul the sale if the sale has been made contrary to law. Rev. Stat., ch. 149, § 4; Acts 1893, No. 95, § 3, p. 165; C. & M. Dig., § 8389; Pope's Dig., § 10985; Acts 1951, No. 263, § 3; A.S.A. 1947, § 34-1921.

In case any person or persons claiming title to the land opposed the confirmation of sale, then the court shall try the validity of the sale and the court shall:

(1) Confirm the sale if the sale was valid; or

(2) Annul the sale if the sale has been made contrary to law.

Rev. Stat., ch. 149, § 4; Acts 1893, No. 95, § 3, p. 165; C. & M. Dig., § 8389; Pope's Dig., § 10985; Acts 1951, No. 263, § 3; A.S.A. 1947, § 34-1921.
Ark. Code Ann. § 18-12-104 — AR Code / Title 18 / Chapter 12 / Subchapter 1 / Section 18-12-104
Execution of deeds
Status: in_force

Deeds and instruments of writing for the conveyance of real estate shall be executed in the presence of two (2) disinterested witnesses or, in default thereof, shall be acknowledged by the grantor in the presence of two (2) such witnesses, who shall then subscribe the deed or instrument in writing for the conveyance of the real estate. When the witnesses do not subscribe the deed or instrument of writing as described in this section at the time of the execution thereof, the date of their subscribing it shall be stated with their signatures. Rev. Stat., ch. 31, § 12; C. & M. Dig., § 1515; Pope's Dig., § 1824; A.S.A. 1947, § 50-417.

Deeds and instruments of writing for the conveyance of real estate shall be executed in the presence of two (2) disinterested witnesses or, in default thereof, shall be acknowledged by the grantor in the presence of two (2) such witnesses, who shall then subscribe the deed or instrument in writing for the conveyance of the real estate. When the witnesses do not subscribe the deed or instrument of writing as described in this section at the time of the execution thereof, the date of their subscribing it shall be stated with their signatures.

Rev. Stat., ch. 31, § 12; C. & M. Dig., § 1515; Pope's Dig., § 1824; A.S.A. 1947, § 50-417.
Ark. Code Ann. § 18-27-203 — AR Code / Title 18 / Chapter 27 / Subchapter 2 / Section 18-27-203
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1464,§ 1, eff. 8/16/2013. Acts 1961, No. 86, § 3; A.S.A. 1947, § 67-1132.

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

Acts 1961, No. 86, § 3; A.S.A. 1947, § 67-1132.
Ark. Code Ann. § 18-15-1405 — AR Code / Title 18 / Chapter 15 / Subchapter 14 / Section 18-15-1405
Summoning of jury for inquiry
Status: in_force

(a) A jury shall be summoned for the purpose of making the inquiry in the same manner that petit jurors are summoned in the circuit court for other purposes when the circuit court is regularly in session. If the hearing is before the judge out of term time, then the jury shall be summoned on order of the judge by the sheriff of the county. (b) The inquiry and assessment shall be made at the time appointed unless for good cause it is continued to another day to be specified. Acts 1935, No. 163, § 5; Pope's Dig., § 9969; A.S.A. 1947, § 35-805.

(a) A jury shall be summoned for the purpose of making the inquiry in the same manner that petit jurors are summoned in the circuit court for other purposes when the circuit court is regularly in session. If the hearing is before the judge out of term time, then the jury shall be summoned on order of the judge by the sheriff of the county.

(b) The inquiry and assessment shall be made at the time appointed unless for good cause it is continued to another day to be specified.

Acts 1935, No. 163, § 5; Pope's Dig., § 9969; A.S.A. 1947, § 35-805.
Ark. Code Ann. § 18-15-1207 — AR Code / Title 18 / Chapter 15 / Subchapter 12 / Section 18-15-1207
Failure to pay or deposit
Status: in_force

In all cases in which the company shall not pay or deposit the amount of damages assessed within thirty (30) days after the assessment the company shall forfeit all rights in the premises. Acts 1873, No. 123, § 7, p. 290; C. & M. Dig., § 4002; Pope's Dig., §§ 5004; A.S.A. 1947, § 35-206.

In all cases in which the company shall not pay or deposit the amount of damages assessed within thirty (30) days after the assessment the company shall forfeit all rights in the premises.

Acts 1873, No. 123, § 7, p. 290; C. & M. Dig., § 4002; Pope's Dig., §§ 5004; A.S.A. 1947, § 35-206.
Ark. Code Ann. § 18-60-610 — AR Code / Title 18 / Chapter 60 / Subchapter 6 / Section 18-60-610
Costs
Status: in_force

(a) When no opposition is made to the confirmation of the sale, the costs attending the proceedings shall be paid by the party praying for confirmation. (b) Where opposition is made, the costs shall be borne by the party against whom judgment is rendered. Rev. Stat., ch. 149, § 7; C. & M. Dig., § 8392; Pope's Dig., § 10988; A.S.A. 1947, § 34-1924.

(a) When no opposition is made to the confirmation of the sale, the costs attending the proceedings shall be paid by the party praying for confirmation.

(b) Where opposition is made, the costs shall be borne by the party against whom judgment is rendered.

Rev. Stat., ch. 149, § 7; C. & M. Dig., § 8392; Pope's Dig., § 10988; A.S.A. 1947, § 34-1924.
Ark. Code Ann. § 18-17-602 — AR Code / Title 18 / Chapter 17 / Subchapter 6 / Section 18-17-602
Access
Status: in_force

(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, investigate possible rule or lease violations, investigate possible criminal activity, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. (b) A tenant shall not change locks on the dwelling unit without the permission of the landlord. Acts 2007, No. 1004, § 1.

(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, investigate possible rule or lease violations, investigate possible criminal activity, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

(b) A tenant shall not change locks on the dwelling unit without the permission of the landlord.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-2-102 — AR Code / Title 18 / Chapter 2 / Section 18-2-102
Commutation of single life interest
Status: in_force

In any legal proceeding wherein the court shall decree that a vested right to future income for life from property is to be commuted and an amount payable in gross be substituted for the property right, then the value of the interest shall be computed by use of the table and in the manner described in the example appearing in § 18-2-105 unless parties to the proceeding submit an agreement for a division of the proceeds which the court approves. Acts 1981, No. 350, § 2; A.S.A. 1947, § 50-702.

In any legal proceeding wherein the court shall decree that a vested right to future income for life from property is to be commuted and an amount payable in gross be substituted for the property right, then the value of the interest shall be computed by use of the table and in the manner described in the example appearing in § 18-2-105 unless parties to the proceeding submit an agreement for a division of the proceeds which the court approves.

Acts 1981, No. 350, § 2; A.S.A. 1947, § 50-702.
Ark. Code Ann. § 18-15-1206 — AR Code / Title 18 / Chapter 15 / Subchapter 12 / Section 18-15-1206
Deposit upon controversy
Status: in_force

(a) In cases in which the determination of questions in controversy in the proceedings is likely to retard the progress of work on or the business of the railroad company, the court, or judge in vacation, shall designate an amount of money to be deposited by the company, subject to the order of the court, for the purpose of making the compensation, when the amount thereof has been assessed and the judge shall designate the place of the deposit. (b) Whenever the deposit has been made, in compliance with the order of the court or judge, it shall be lawful for the company to enter upon the lands and proceed with the company's work through and over the lands in controversy prior to the assessment and payment of damages for the use and right. Acts 1873, No. 123, § 7, p. 290; C. & M. Dig., §§ 4000, 4001; Pope's Dig., §§ 5002, 5003; A.S.A. 1947, § 35-206.

(a) In cases in which the determination of questions in controversy in the proceedings is likely to retard the progress of work on or the business of the railroad company, the court, or judge in vacation, shall designate an amount of money to be deposited by the company, subject to the order of the court, for the purpose of making the compensation, when the amount thereof has been assessed and the judge shall designate the place of the deposit.

(b) Whenever the deposit has been made, in compliance with the order of the court or judge, it shall be lawful for the company to enter upon the lands and proceed with the company's work through and over the lands in controversy prior to the assessment and payment of damages for the use and right.

Acts 1873, No. 123, § 7, p. 290; C. & M. Dig., §§ 4000, 4001; Pope's Dig., §§ 5002, 5003; A.S.A. 1947, § 35-206.
Ark. Code Ann. § 18-16-403 — AR Code / Title 18 / Chapter 16 / Subchapter 4 / Section 18-16-403
Use for residential purposes
Status: in_force

(a) An operator may not knowingly permit a leased space at a self-service storage facility to be used for residential purposes. (b) An occupant may not use a leased space for residential purposes. Acts 1987, No. 576, § 2.

(a) An operator may not knowingly permit a leased space at a self-service storage facility to be used for residential purposes.

(b) An occupant may not use a leased space for residential purposes.

Acts 1987, No. 576, § 2.
Ark. Code Ann. § 18-60-108 — AR Code / Title 18 / Chapter 60 / Subchapter 1 / Section 18-60-108
Liability of landowner for injury to trespasser - Definition
Status: in_force

(a) (1) An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land. (2) No cause of action shall arise against the owner, lessee, or occupant of land until the presence of the trespasser on the premises is known, and then the owner, lessee, or occupant of the land shall be liable only for injuries caused by the willful or wanton misconduct of the owner, lessee, or occupant. (b) This section does not affect the doctrine of attractive nuisance, except that the doctrine may not be the basis for liability of an owner, lessee, or occupant of agricultural land for any injury to a trespasser over the age of eighteen (18). (c) As used in this section, "trespasser" means a person who enters on the property of another without permission and without an invitation, express or implied. Acts 1991, No. 473, §§ 1-3; 1993, No. 366, § 1; 1993, No. 581, § 1.

(a) (1) An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land. (2) No cause of action shall arise against the owner, lessee, or occupant of land until the presence of the trespasser on the premises is known, and then the owner, lessee, or occupant of the land shall be liable only for injuries caused by the willful or wanton misconduct of the owner, lessee, or occupant.

(1) An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land.

(2) No cause of action shall arise against the owner, lessee, or occupant of land until the presence of the trespasser on the premises is known, and then the owner, lessee, or occupant of the land shall be liable only for injuries caused by the willful or wanton misconduct of the owner, lessee, or occupant.

(b) This section does not affect the doctrine of attractive nuisance, except that the doctrine may not be the basis for liability of an owner, lessee, or occupant of agricultural land for any injury to a trespasser over the age of eighteen (18).

(c) As used in this section, "trespasser" means a person who enters on the property of another without permission and without an invitation, express or implied.

Acts 1991, No. 473, §§ 1-3; 1993, No. 366, § 1; 1993, No. 581, § 1.
Ark. Code Ann. § 18-11-303 — AR Code / Title 18 / Chapter 11 / Subchapter 3 / Section 18-11-303
Construction
Status: in_force

Nothing in this subchapter shall be construed to: (1) Create a duty of care or ground of liability for injury to persons or property; or (2) Relieve any person using the land of another for recreational purposes from any obligation which he or she may have in the absence of this subchapter to exercise care in his or her use of the land and in his or her activities thereon or relieve any person from the legal consequences of failure to employ such care. Acts 1965, No. 51, § 7; A.S.A. 1947, § 50-1107.

Nothing in this subchapter shall be construed to:

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

(2) Relieve any person using the land of another for recreational purposes from any obligation which he or she may have in the absence of this subchapter to exercise care in his or her use of the land and in his or her activities thereon or relieve any person from the legal consequences of failure to employ such care.

Acts 1965, No. 51, § 7; A.S.A. 1947, § 50-1107.
Ark. Code Ann. § 18-60-403 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-403
Parties generally
Status: in_force

(a) Every person having an interest as is specified in § 18-60-401 , whether in possession or otherwise, and every person entitled to dower or curtesy in the premises, if it has not been admeasured, shall be made a party to the petition. (b) In cases in which one (1) or more of the parties, or the share or quantity of interest of any of the parties, is unknown to the petitioner, or uncertain or contingent, or the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be contingent so that the parties cannot be named, it shall be so stated in the petition. Rev. Stat., ch. 107, §§ 3, 4; C. & M. Dig., § 8092; Pope's Dig., §§ 10511, 10512; A.S.A. 1947, §§ 34-1806, 34-1807.

(a) Every person having an interest as is specified in § 18-60-401 , whether in possession or otherwise, and every person entitled to dower or curtesy in the premises, if it has not been admeasured, shall be made a party to the petition.

(b) In cases in which one (1) or more of the parties, or the share or quantity of interest of any of the parties, is unknown to the petitioner, or uncertain or contingent, or the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be contingent so that the parties cannot be named, it shall be so stated in the petition.

Rev. Stat., ch. 107, §§ 3, 4; C. & M. Dig., § 8092; Pope's Dig., §§ 10511, 10512; A.S.A. 1947, §§ 34-1806, 34-1807.
Ark. Code Ann. § 18-44-405 — AR Code / Title 18 / Chapter 44 / Subchapter 4 / Section 18-44-405
Enforcement
Status: in_force

The lien may be enforced by ordinary levy and sale under final or other process at law or equity. Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 3, p. 145; C. & M. Dig., § 8557; Pope's Dig., § 11133; A.S.A. 1947, § 73-739.

The lien may be enforced by ordinary levy and sale under final or other process at law or equity.

Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 3, p. 145; C. & M. Dig., § 8557; Pope's Dig., § 11133; A.S.A. 1947, § 73-739.
Ark. Code Ann. § 18-46-113 — AR Code / Title 18 / Chapter 46 / Section 18-46-113
Waiver or release of claim by patient
Status: in_force

(a) A patient who has been notified by a practitioner, nurse, hospital, or ambulance service provider of a claim of lien on any claim or right of action that the patient has because of the injury for which service was rendered shall not waive or release that claim, or any part of it, unless: (1) The amount claimed by the practitioner, nurse, hospital, or ambulance service provider, under the lien, has been paid; or (2) The practitioner, nurse, hospital, or ambulance service provider has in writing released his or her lien. (b) Any waiver or release given contrary to the provisions of this chapter shall be void and of no effect. Acts 1933, No. 130, § 8; Pope's Dig., §§ 7996, 10825; A.S.A. 1947, § 51-808; Acts 1993, No. 271, § 11.

(a) A patient who has been notified by a practitioner, nurse, hospital, or ambulance service provider of a claim of lien on any claim or right of action that the patient has because of the injury for which service was rendered shall not waive or release that claim, or any part of it, unless: (1) The amount claimed by the practitioner, nurse, hospital, or ambulance service provider, under the lien, has been paid; or (2) The practitioner, nurse, hospital, or ambulance service provider has in writing released his or her lien.

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

(2) The practitioner, nurse, hospital, or ambulance service provider has in writing released his or her lien.

(b) Any waiver or release given contrary to the provisions of this chapter shall be void and of no effect.

Acts 1933, No. 130, § 8; Pope's Dig., §§ 7996, 10825; A.S.A. 1947, § 51-808; Acts 1993, No. 271, § 11.
Ark. Code Ann. § 18-60-305 — AR Code / Title 18 / Chapter 60 / Subchapter 3 / Section 18-60-305
Applicability to all estates
Status: in_force

Sections 18-60-303 and 18-60-304 shall extend to and comprehend all estates, whether freehold or less than freehold. Acts 1981, No. 615, § 5; A.S.A. 1947, § 34-1505.

Sections 18-60-303 and 18-60-304 shall extend to and comprehend all estates, whether freehold or less than freehold.

Acts 1981, No. 615, § 5; A.S.A. 1947, § 34-1505.
Ark. Code Ann. § 18-40-101 — AR Code / Title 18 / Chapter 40 / Section 18-40-101
Proof or acknowledgment - Recording
Status: in_force

All mortgages of real estate shall be proven or acknowledged in the same manner that deeds for the conveyance of real estate are required by law to be proven or acknowledged. When so proven or acknowledged they shall be recorded in the counties in which the lands lie. Rev. Stat., ch. 101, § 1; Acts 1877, No. 22, § 1, p. 17; 1891, No. 7, § 1, p. 6; C. & M. Dig., § 7380; Pope's Dig., § 9434; Acts 1961, No. 185, § 10-102(2); A.S.A. 1947, § 51-1001.

All mortgages of real estate shall be proven or acknowledged in the same manner that deeds for the conveyance of real estate are required by law to be proven or acknowledged. When so proven or acknowledged they shall be recorded in the counties in which the lands lie.

Rev. Stat., ch. 101, § 1; Acts 1877, No. 22, § 1, p. 17; 1891, No. 7, § 1, p. 6; C. & M. Dig., § 7380; Pope's Dig., § 9434; Acts 1961, No. 185, § 10-102(2); A.S.A. 1947, § 51-1001.
Ark. Code Ann. § 18-15-714 — AR Code / Title 18 / Chapter 15 / Subchapter 7 / Section 18-15-714
Right of third person to build
Status: in_force

If any person or his or her legal representatives to whom permission to erect a dam in virtue of this subchapter has been given shall fail to build, rebuild, or repair the dam, together with the mill or other machinery connected therewith, according to the requisitions of this subchapter or the conditions of the permission, it shall be lawful for any other person owning the land on one (1) side of the watercourse at the point where the dam was erected or was intended to be erected, or owning the land below or above, to build a dam and mill or other machinery thereon, as if no permission had been given, without incurring any liability on account of taking off or backing the water on the dam. Rev. Stat., ch. 98, § 25; C. & M. Dig., § 3967; Pope's Dig., § 4969; A.S.A. 1947, § 35-525.

If any person or his or her legal representatives to whom permission to erect a dam in virtue of this subchapter has been given shall fail to build, rebuild, or repair the dam, together with the mill or other machinery connected therewith, according to the requisitions of this subchapter or the conditions of the permission, it shall be lawful for any other person owning the land on one (1) side of the watercourse at the point where the dam was erected or was intended to be erected, or owning the land below or above, to build a dam and mill or other machinery thereon, as if no permission had been given, without incurring any liability on account of taking off or backing the water on the dam.

Rev. Stat., ch. 98, § 25; C. & M. Dig., § 3967; Pope's Dig., § 4969; A.S.A. 1947, § 35-525.
Ark. Code Ann. § 18-60-404 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-404
[Repealed]
Status: repealed

Repealed by Act 2015, No. 107,§ 3, eff. 1/1/2016. Acts 1985, No. 971, §§ 1, 2; A.S.A. 1947, §§ 34-1839, 34-1840; Acts 1991, No. 759, § 1.

Repealed by Act 2015, No. 107,§ 3, eff. 1/1/2016.

Acts 1985, No. 971, §§ 1, 2; A.S.A. 1947, §§ 34-1839, 34-1840; Acts 1991, No. 759, § 1.
Ark. Code Ann. § 18-44-109 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-109
Unlawful to use materials other than as designated
Status: in_force

Any contractor or subcontractor who shall purchase materials on credit and represent at the time of purchase that they are to be used in a designated building or other improvement and shall thereafter use, or cause to be used, the materials in the construction of any building or improvement other than that designated without the written consent of the person from whom the materials were purchased with intent to defraud that person shall be guilty of a violation if the materials were valued at one thousand dollars ($1,000) or more and upon conviction shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500). Acts 1895, No. 146, § 10, p. 217; C. & M. Dig., § 6921; Pope's Dig., § 8880; A.S.A. 1947, § 51-612; Acts 1995, No. 1298, § 4; 2005, No. 1994, § 97.

Any contractor or subcontractor who shall purchase materials on credit and represent at the time of purchase that they are to be used in a designated building or other improvement and shall thereafter use, or cause to be used, the materials in the construction of any building or improvement other than that designated without the written consent of the person from whom the materials were purchased with intent to defraud that person shall be guilty of a violation if the materials were valued at one thousand dollars ($1,000) or more and upon conviction shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500).

Acts 1895, No. 146, § 10, p. 217; C. & M. Dig., § 6921; Pope's Dig., § 8880; A.S.A. 1947, § 51-612; Acts 1995, No. 1298, § 4; 2005, No. 1994, § 97.
Ark. Code Ann. § 18-60-413 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-413
No partition contrary to terms of will
Status: in_force

No partition or sale of land, tenements, or hereditaments devised by any last will and testament shall be made, under the provisions of this act, contrary to the intention of any testator as expressed in his or her last will and testament. Rev. Stat., ch. 107, § 34; C. & M. Dig., § 8090; Pope's Dig., § 10508; A.S.A. 1947, § 34-1814.

No partition or sale of land, tenements, or hereditaments devised by any last will and testament shall be made, under the provisions of this act, contrary to the intention of any testator as expressed in his or her last will and testament.

Rev. Stat., ch. 107, § 34; C. & M. Dig., § 8090; Pope's Dig., § 10508; A.S.A. 1947, § 34-1814.
Ark. Code Ann. § 18-17-913 — AR Code / Title 18 / Chapter 17 / Subchapter 9 / Section 18-17-913
Execution of writ of possession
Status: in_force

In executing a writ of possession, the sheriff shall proceed in accordance with the provisions of § 18-60-310 . Acts 2007, No. 1004, § 1; 2009, No. 311, § 12.

In executing a writ of possession, the sheriff shall proceed in accordance with the provisions of § 18-60-310 .

Acts 2007, No. 1004, § 1; 2009, No. 311, § 12.
Ark. Code Ann. § 18-60-809 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-809
Replevin
Status: in_force

The plaintiff in an action to recover the possession of specific personal property, at the commencement of the action or at any time before judgment, may claim the immediate delivery of the property, as provided in §§ 18-60-810 - 18-60-822 . Civil Code, § 202; C. & M. Dig., § 8639; Pope's Dig., § 11372; A.S.A. 1947, § 34-2101.

The plaintiff in an action to recover the possession of specific personal property, at the commencement of the action or at any time before judgment, may claim the immediate delivery of the property, as provided in §§ 18-60-810 - 18-60-822 .

Civil Code, § 202; C. & M. Dig., § 8639; Pope's Dig., § 11372; A.S.A. 1947, § 34-2101.
Ark. Code Ann. § 18-11-713 — AR Code / Title 18 / Chapter 11 / Subchapter 7 / Section 18-11-713
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This subchapter modifies, limits, or supersedes the Electronic Signatures in Global National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) . Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.

This subchapter modifies, limits, or supersedes the Electronic Signatures in Global National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) .

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 18-60-821 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-821
Judgment against sureties
Status: in_force

(a) (1) In all actions for the recovery of personal property, where the defendant has given a delivery bond as provided for by § 18-60-816 , the court or jury trying the cause may render judgment against the defendant for the recovery of the property, or its value, together with all damages sustained by the detention thereof. (2) Upon motion of the plaintiff the court or jury may also render judgment against the sureties upon the defendant's delivery bond for the value of the property and also for damages as they may be found and determined by the court or jury trying the cause. (b) If, upon the trial of any replevin cause, judgment is given for the defendant in the action, the court or jury trying the cause may render judgment, not only against the plaintiff for the value of the property taken under the order of delivery in the case, provided it has not been surrendered to the defendant, upon bond, as provided for in § 18-60-816 , together with all damages sustained by the defendant in the action, but may, upon motion of the defendant, also render judgment against the sureties upon the bond of the plaintiff, for the value of the property and all damages sustained by the defendant in the action. Acts 1885, No. 12, §§ 1, 2, p. 16; C. & M. Dig., §§ 8655, 8656; Pope's Dig., §§ 11389, 11390; A.S.A. 1947, §§ 34-2117, 34-2118.

(a) (1) In all actions for the recovery of personal property, where the defendant has given a delivery bond as provided for by § 18-60-816 , the court or jury trying the cause may render judgment against the defendant for the recovery of the property, or its value, together with all damages sustained by the detention thereof. (2) Upon motion of the plaintiff the court or jury may also render judgment against the sureties upon the defendant's delivery bond for the value of the property and also for damages as they may be found and determined by the court or jury trying the cause.

(1) In all actions for the recovery of personal property, where the defendant has given a delivery bond as provided for by § 18-60-816 , the court or jury trying the cause may render judgment against the defendant for the recovery of the property, or its value, together with all damages sustained by the detention thereof.

(2) Upon motion of the plaintiff the court or jury may also render judgment against the sureties upon the defendant's delivery bond for the value of the property and also for damages as they may be found and determined by the court or jury trying the cause.

(b) If, upon the trial of any replevin cause, judgment is given for the defendant in the action, the court or jury trying the cause may render judgment, not only against the plaintiff for the value of the property taken under the order of delivery in the case, provided it has not been surrendered to the defendant, upon bond, as provided for in § 18-60-816 , together with all damages sustained by the defendant in the action, but may, upon motion of the defendant, also render judgment against the sureties upon the bond of the plaintiff, for the value of the property and all damages sustained by the defendant in the action.

Acts 1885, No. 12, §§ 1, 2, p. 16; C. & M. Dig., §§ 8655, 8656; Pope's Dig., §§ 11389, 11390; A.S.A. 1947, §§ 34-2117, 34-2118.
Ark. Code Ann. § 18-13-116 — AR Code / Title 18 / Chapter 13 / Section 18-13-116
Liability for expenses and assessments
Status: in_force

(a) (1) The co-owners of the apartments are bound to contribute pro rata, in the percentages computed according to § 18-13-112 , toward the expenses of administration and of maintenance and repair of the general common elements and, in the proper case, of the limited common elements of the building, and toward any other expense lawfully agreed upon. (2) (A) However, the administrator, board of administration, or other form of administration of a horizontal property regime may establish additional assessments to be collected from any co-owner who makes his or her apartment available for rent or lease either directly or through an agent. (B) Such additional assessments shall not exceed the amount reasonably calculated to cover expenses for additional security, wear and tear on buildings, additional trash pickup, and other additional costs occasioned by such units being available for rent or lease. (b) No co-owner may exempt himself or herself from contributing toward such expenses by waiver of the use or enjoyment of the common elements or by abandonment of the apartment belonging to him or her. (c) Upon the sale or conveyance of an apartment, all unpaid assessments against a co-owner for his or her pro rata share in the expenses to which subsection (a) of this section refers shall first be paid out of the sales price or by the acquirer in preference over any other assessments or charges of whatever nature except the following: (1) Assessments, liens, and charges for taxes past due and unpaid on the apartment; and (2) Payments due under mortgage instruments of encumbrance duly recorded. (d) The purchaser of an apartment shall be jointly and severally liable with the seller for the amounts owing by the latter under subsection (a) of this section up to the time of the conveyance, without prejudice to the purchaser's right to recover from the other party the amounts paid by him or her as the joint debtor. Acts 1961 (1st Ex. Sess.), No. 60, §§ 17-19; A.S.A. 1947, §§ 50-1017 -- 50-1019; Acts 1993, No. 434, § 1.

(a) (1) The co-owners of the apartments are bound to contribute pro rata, in the percentages computed according to § 18-13-112 , toward the expenses of administration and of maintenance and repair of the general common elements and, in the proper case, of the limited common elements of the building, and toward any other expense lawfully agreed upon. (2) (A) However, the administrator, board of administration, or other form of administration of a horizontal property regime may establish additional assessments to be collected from any co-owner who makes his or her apartment available for rent or lease either directly or through an agent. (B) Such additional assessments shall not exceed the amount reasonably calculated to cover expenses for additional security, wear and tear on buildings, additional trash pickup, and other additional costs occasioned by such units being available for rent or lease.

(1) The co-owners of the apartments are bound to contribute pro rata, in the percentages computed according to § 18-13-112 , toward the expenses of administration and of maintenance and repair of the general common elements and, in the proper case, of the limited common elements of the building, and toward any other expense lawfully agreed upon.

(2) (A) However, the administrator, board of administration, or other form of administration of a horizontal property regime may establish additional assessments to be collected from any co-owner who makes his or her apartment available for rent or lease either directly or through an agent. (B) Such additional assessments shall not exceed the amount reasonably calculated to cover expenses for additional security, wear and tear on buildings, additional trash pickup, and other additional costs occasioned by such units being available for rent or lease.

(A) However, the administrator, board of administration, or other form of administration of a horizontal property regime may establish additional assessments to be collected from any co-owner who makes his or her apartment available for rent or lease either directly or through an agent.

(B) Such additional assessments shall not exceed the amount reasonably calculated to cover expenses for additional security, wear and tear on buildings, additional trash pickup, and other additional costs occasioned by such units being available for rent or lease.

(b) No co-owner may exempt himself or herself from contributing toward such expenses by waiver of the use or enjoyment of the common elements or by abandonment of the apartment belonging to him or her.

(c) Upon the sale or conveyance of an apartment, all unpaid assessments against a co-owner for his or her pro rata share in the expenses to which subsection (a) of this section refers shall first be paid out of the sales price or by the acquirer in preference over any other assessments or charges of whatever nature except the following: (1) Assessments, liens, and charges for taxes past due and unpaid on the apartment; and (2) Payments due under mortgage instruments of encumbrance duly recorded.

(1) Assessments, liens, and charges for taxes past due and unpaid on the apartment; and

(2) Payments due under mortgage instruments of encumbrance duly recorded.

(d) The purchaser of an apartment shall be jointly and severally liable with the seller for the amounts owing by the latter under subsection (a) of this section up to the time of the conveyance, without prejudice to the purchaser's right to recover from the other party the amounts paid by him or her as the joint debtor.

Acts 1961 (1st Ex. Sess.), No. 60, §§ 17-19; A.S.A. 1947, §§ 50-1017 -- 50-1019; Acts 1993, No. 434, § 1.
Ark. Code Ann. § 18-15-305 — AR Code / Title 18 / Chapter 15 / Subchapter 3 / Section 18-15-305
Payment of assessment - Disputes
Status: in_force

(a) The assessment shall be made on each lot or parcel of land separately and distributed to the owner of each tract, according to their true interest and ownership, on the order of the court. (b) (1) In case of dispute as to interest, title, or ownership, the money allowed therefor shall be held subject to the order of the court until the dispute is amicably settled between the disputants or determined by due course of law. (2) The inquiry and assessment in all other respects shall be made by the jury under such rules and restrictions as shall be given by the court. Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., §§ 4013, 4014; Pope's Dig., §§ 5015, 5016; A.S.A. 1947, § 35-904.

(a) The assessment shall be made on each lot or parcel of land separately and distributed to the owner of each tract, according to their true interest and ownership, on the order of the court.

(b) (1) In case of dispute as to interest, title, or ownership, the money allowed therefor shall be held subject to the order of the court until the dispute is amicably settled between the disputants or determined by due course of law. (2) The inquiry and assessment in all other respects shall be made by the jury under such rules and restrictions as shall be given by the court.

(1) In case of dispute as to interest, title, or ownership, the money allowed therefor shall be held subject to the order of the court until the dispute is amicably settled between the disputants or determined by due course of law.

(2) The inquiry and assessment in all other respects shall be made by the jury under such rules and restrictions as shall be given by the court.

Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., §§ 4013, 4014; Pope's Dig., §§ 5015, 5016; A.S.A. 1947, § 35-904.
Ark. Code Ann. § 18-17-902 — AR Code / Title 18 / Chapter 17 / Subchapter 9 / Section 18-17-902
Eviction proceeding
Status: in_force

(a) (1) (A) When grounds exist for eviction of a tenant under this subchapter, a landlord or his or her agent may commence an action for eviction by filing with a district court having jurisdiction a complaint and supporting affidavit of eviction that specifies the grounds for the eviction. (B) The supporting affidavit shall be signed by a person with personal knowledge of the grounds for eviction. (2) The fee for filing an action under this chapter by a complaint with supporting affidavit of eviction shall be as provided in § 16-17-705 . (b) Upon the filing by the landlord or his or her agent or attorney of a complaint and supporting affidavit of eviction, the district court shall issue an order requiring the tenant to vacate the occupied premises or to show cause why he or she should not be evicted by the court within ten (10) calendar days after the date of service of a copy of the order upon the tenant. Acts 2007, No. 1004, § 1; 2009, No. 311, § 4.

(a) (1) (A) When grounds exist for eviction of a tenant under this subchapter, a landlord or his or her agent may commence an action for eviction by filing with a district court having jurisdiction a complaint and supporting affidavit of eviction that specifies the grounds for the eviction. (B) The supporting affidavit shall be signed by a person with personal knowledge of the grounds for eviction. (2) The fee for filing an action under this chapter by a complaint with supporting affidavit of eviction shall be as provided in § 16-17-705 .

(1) (A) When grounds exist for eviction of a tenant under this subchapter, a landlord or his or her agent may commence an action for eviction by filing with a district court having jurisdiction a complaint and supporting affidavit of eviction that specifies the grounds for the eviction. (B) The supporting affidavit shall be signed by a person with personal knowledge of the grounds for eviction.

(A) When grounds exist for eviction of a tenant under this subchapter, a landlord or his or her agent may commence an action for eviction by filing with a district court having jurisdiction a complaint and supporting affidavit of eviction that specifies the grounds for the eviction.

(B) The supporting affidavit shall be signed by a person with personal knowledge of the grounds for eviction.

(2) The fee for filing an action under this chapter by a complaint with supporting affidavit of eviction shall be as provided in § 16-17-705 .

(b) Upon the filing by the landlord or his or her agent or attorney of a complaint and supporting affidavit of eviction, the district court shall issue an order requiring the tenant to vacate the occupied premises or to show cause why he or she should not be evicted by the court within ten (10) calendar days after the date of service of a copy of the order upon the tenant.

Acts 2007, No. 1004, § 1; 2009, No. 311, § 4.
Ark. Code Ann. § 18-60-607 — AR Code / Title 18 / Chapter 60 / Subchapter 6 / Section 18-60-607
Confirmation of sale
Status: in_force

(a) There should be no confirmation of the sale of any lands that are in actual possession of any person claiming title adverse to the petitioner, nor shall there be any confirmation of the sale of lands unless the petitioner or his or her grantor or those under whom he or she claims title submits proof that all taxes owed on the lands have been paid, settled, or released. (b) With respect to land in levee and drainage improvement districts, there shall be no confirmation of sale unless title has been acquired as referred to in § 18-60-601 , nor unless the petitioner or his or her grantor or grantors exhibit proof of payment, settlement, or release of all taxes that are due against the lands in the districts at the time of the rendition of the decree of confirmation by the court. Rev. Stat., ch. 149, § 3; Acts 1893, No. 95, § 2, p. 165; C. & M. Dig., § 8383; Pope's Dig., § 10979; Acts 1951, No. 263, § 2; A.S.A. 1947, § 34-1920; Acts 2007, No. 1037, § 5.

(a) There should be no confirmation of the sale of any lands that are in actual possession of any person claiming title adverse to the petitioner, nor shall there be any confirmation of the sale of lands unless the petitioner or his or her grantor or those under whom he or she claims title submits proof that all taxes owed on the lands have been paid, settled, or released.

(b) With respect to land in levee and drainage improvement districts, there shall be no confirmation of sale unless title has been acquired as referred to in § 18-60-601 , nor unless the petitioner or his or her grantor or grantors exhibit proof of payment, settlement, or release of all taxes that are due against the lands in the districts at the time of the rendition of the decree of confirmation by the court.

Rev. Stat., ch. 149, § 3; Acts 1893, No. 95, § 2, p. 165; C. & M. Dig., § 8383; Pope's Dig., § 10979; Acts 1951, No. 263, § 2; A.S.A. 1947, § 34-1920; Acts 2007, No. 1037, § 5.
Ark. Code Ann. § 18-15-1301 — AR Code / Title 18 / Chapter 15 / Subchapter 13 / Section 18-15-1301
Pipelines and logging and tram roads
Status: in_force

(a) Any corporation organized by virtue of the laws of this state for the purpose of developing and producing mineral oil, petroleum, or natural gas in this state, and marketing it, or transporting or conveying it by means of pipes from the point of production to any other point, either to refine or to market the oil or to conduct the gas to any point to be used for heat or lights and any corporation organized under the laws of this state for the purpose of manufacturing lumber, and which may find it necessary or expedient to lay out and build a logging railroad or tram road at least five (5) miles in length in order to reach its timber may: (1) Construct, operate, and maintain a line of pipe for that purpose along and under the public highways and streets of cities and towns with the consent of the authorities thereof; and (2) Construct logging roads or tramways over and across the lands of any individual or corporation, or across and under the waters and over any lands of the state and on the lands of individuals, and along, under, or parallel with the rights-of-way of railroads and the turnpikes of this state. (b) The ordinary use of the highways, turnpikes, and railroad rights-of-way shall not be obstructed thereby, nor the navigation of any waters impeded. Just compensation shall be paid to the owners of the land, railroad rights-of-way, or turnpikes, by reason of the occupation of the lands, railroads rights-of-ways, or turnpikes by the pipeline or by the log roads. (c) The right-of-way for any logging railroad or tram road shall not exceed in width fifty feet (50'). Acts 1905, No. 228, §§ 1, 3, p. 577; C. & M. Dig., §§ 3969, 3971; Acts 1925, No. 103, §§ 1, 2; Pope's Dig., §§ 4971, 4973; A.S.A. 1947, §§ 35-601, 35-603.

(a) Any corporation organized by virtue of the laws of this state for the purpose of developing and producing mineral oil, petroleum, or natural gas in this state, and marketing it, or transporting or conveying it by means of pipes from the point of production to any other point, either to refine or to market the oil or to conduct the gas to any point to be used for heat or lights and any corporation organized under the laws of this state for the purpose of manufacturing lumber, and which may find it necessary or expedient to lay out and build a logging railroad or tram road at least five (5) miles in length in order to reach its timber may: (1) Construct, operate, and maintain a line of pipe for that purpose along and under the public highways and streets of cities and towns with the consent of the authorities thereof; and (2) Construct logging roads or tramways over and across the lands of any individual or corporation, or across and under the waters and over any lands of the state and on the lands of individuals, and along, under, or parallel with the rights-of-way of railroads and the turnpikes of this state.

(1) Construct, operate, and maintain a line of pipe for that purpose along and under the public highways and streets of cities and towns with the consent of the authorities thereof; and

(2) Construct logging roads or tramways over and across the lands of any individual or corporation, or across and under the waters and over any lands of the state and on the lands of individuals, and along, under, or parallel with the rights-of-way of railroads and the turnpikes of this state.

(b) The ordinary use of the highways, turnpikes, and railroad rights-of-way shall not be obstructed thereby, nor the navigation of any waters impeded. Just compensation shall be paid to the owners of the land, railroad rights-of-way, or turnpikes, by reason of the occupation of the lands, railroads rights-of-ways, or turnpikes by the pipeline or by the log roads.

(c) The right-of-way for any logging railroad or tram road shall not exceed in width fifty feet (50').

Acts 1905, No. 228, §§ 1, 3, p. 577; C. & M. Dig., §§ 3969, 3971; Acts 1925, No. 103, §§ 1, 2; Pope's Dig., §§ 4971, 4973; A.S.A. 1947, §§ 35-601, 35-603.
Ark. Code Ann. § 18-15-1401 — AR Code / Title 18 / Chapter 15 / Subchapter 14 / Section 18-15-1401
Right of eminent domain to take land for burial purposes
Status: in_force

(a) All cities of the first class and cities of the second class and incorporated towns, cemetery or burial associations, and persons owning land used for public burial purposes in the State of Arkansas are given and granted the right of eminent domain to condemn, take, and use land for public burial purposes. (b) Power of eminent domain granted by this section may also be used to acquire land for the burial of veterans of the United States Armed Forces and their dependents, and the land may be transferred to the United States Department of Veterans Affairs, any other agency of the federal government, or to any other entity for use as a cemetery for veterans of the United States Armed Forces and their dependents. (c) All entities granted the power of eminent domain under this section may accept donations from individuals or other legal entities for the purpose of compensating landowners for property acquired by eminent domain. (d) The right of eminent domain granted by this section shall be exercised as provided in this subchapter. Acts 1935, No. 163, § 1; Pope's Dig., § 9965; A.S.A. 1947, § 35-801; Acts 1989, No. 542, § 1.

(a) All cities of the first class and cities of the second class and incorporated towns, cemetery or burial associations, and persons owning land used for public burial purposes in the State of Arkansas are given and granted the right of eminent domain to condemn, take, and use land for public burial purposes.

(b) Power of eminent domain granted by this section may also be used to acquire land for the burial of veterans of the United States Armed Forces and their dependents, and the land may be transferred to the United States Department of Veterans Affairs, any other agency of the federal government, or to any other entity for use as a cemetery for veterans of the United States Armed Forces and their dependents.

(c) All entities granted the power of eminent domain under this section may accept donations from individuals or other legal entities for the purpose of compensating landowners for property acquired by eminent domain.

(d) The right of eminent domain granted by this section shall be exercised as provided in this subchapter.

Acts 1935, No. 163, § 1; Pope's Dig., § 9965; A.S.A. 1947, § 35-801; Acts 1989, No. 542, § 1.
Ark. Code Ann. § 18-15-1802 — AR Code / Title 18 / Chapter 15 / Subchapter 18 / Section 18-15-1802
Cause of action
Status: in_force

(a) Unless otherwise agreed by the parties or determined by a court of law, the owner of private property may raise a defense or bring a cause of action in circuit court to determine whether his or her private property is lawfully being taken: (1) For a public use; (2) As blighted property; (3) As abandoned property; or (4) As necessary to achieve a public use. (b) A state agency has the burden of proof to show by a preponderance of the evidence that the private property is lawfully being taken for the purposes authorized under subsection (a) of this section. (c) In a challenge to whether the taking is necessary to achieve a public use, the state agency bears the burden of proving by the preponderance of the evidence that the: (1) Land, real estate, premises, or other property the state agency seeks to acquire is required for a public use; (2) State agency has plans that reflect a reasonable schedule to complete the public use after the state agency takes ownership of the property; (3) State agency has access to funding to complete the public use; and (4) Public use cannot be accomplished by using or acquiring other property with the consent of the owner of the property without an unreasonable increase in cost or delay. (d) A cause of action under this section shall not be exercised more than one hundred eighty (180) days after the date the owner of the property received reasonable notice of a condemnation under this chapter. Amended by Act 2021, No. 1044,§ 2, eff. 7/28/2021. Added by Act 2021, No. 945,§ 4, eff. 7/28/2021.

(a) Unless otherwise agreed by the parties or determined by a court of law, the owner of private property may raise a defense or bring a cause of action in circuit court to determine whether his or her private property is lawfully being taken: (1) For a public use; (2) As blighted property; (3) As abandoned property; or (4) As necessary to achieve a public use.

(1) For a public use;

(2) As blighted property;

(3) As abandoned property; or

(4) As necessary to achieve a public use.

(b) A state agency has the burden of proof to show by a preponderance of the evidence that the private property is lawfully being taken for the purposes authorized under subsection (a) of this section.

(c) In a challenge to whether the taking is necessary to achieve a public use, the state agency bears the burden of proving by the preponderance of the evidence that the: (1) Land, real estate, premises, or other property the state agency seeks to acquire is required for a public use; (2) State agency has plans that reflect a reasonable schedule to complete the public use after the state agency takes ownership of the property; (3) State agency has access to funding to complete the public use; and (4) Public use cannot be accomplished by using or acquiring other property with the consent of the owner of the property without an unreasonable increase in cost or delay.

(1) Land, real estate, premises, or other property the state agency seeks to acquire is required for a public use;

(2) State agency has plans that reflect a reasonable schedule to complete the public use after the state agency takes ownership of the property;

(3) State agency has access to funding to complete the public use; and

(4) Public use cannot be accomplished by using or acquiring other property with the consent of the owner of the property without an unreasonable increase in cost or delay.

(d) A cause of action under this section shall not be exercised more than one hundred eighty (180) days after the date the owner of the property received reasonable notice of a condemnation under this chapter.

Amended by Act 2021, No. 1044,§ 2, eff. 7/28/2021.

Added by Act 2021, No. 945,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 18-50-111 — AR Code / Title 18 / Chapter 50 / Section 18-50-111
Form and effect of trustee's or mortgagee's deed
Status: in_force

(a) (1) The trustee's or mortgagee's deed shall contain recitals of compliance with the requirements of this chapter relating to the exercise of the power of sale and sale of the trust property, including recitals concerning mailing and publication of notice of default and intention to sell and the conduct of the sale. (2) Upon the filing of the deed for record with the recorder of the county in which the trust property is situated, the recitals shall be prima facie evidence of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them. (b) The trustee's or mortgagee's deed shall convey to the purchaser all right, title, and interest in the trust property the mortgagor or grantor had or had the power to convey at the time of the execution of the mortgage or deed of trust, together with all right, title, and interest in the mortgagor or grantor or their successors in interest acquired after the execution of the mortgage or deed of trust, and the conveyance shall be deemed effective and relate back to the time of the sale. Acts 1987, No. 53, § 11; 1999, No. 983, § 10.

(a) (1) The trustee's or mortgagee's deed shall contain recitals of compliance with the requirements of this chapter relating to the exercise of the power of sale and sale of the trust property, including recitals concerning mailing and publication of notice of default and intention to sell and the conduct of the sale. (2) Upon the filing of the deed for record with the recorder of the county in which the trust property is situated, the recitals shall be prima facie evidence of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them.

(1) The trustee's or mortgagee's deed shall contain recitals of compliance with the requirements of this chapter relating to the exercise of the power of sale and sale of the trust property, including recitals concerning mailing and publication of notice of default and intention to sell and the conduct of the sale.

(2) Upon the filing of the deed for record with the recorder of the county in which the trust property is situated, the recitals shall be prima facie evidence of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them.

(b) The trustee's or mortgagee's deed shall convey to the purchaser all right, title, and interest in the trust property the mortgagor or grantor had or had the power to convey at the time of the execution of the mortgage or deed of trust, together with all right, title, and interest in the mortgagor or grantor or their successors in interest acquired after the execution of the mortgage or deed of trust, and the conveyance shall be deemed effective and relate back to the time of the sale.

Acts 1987, No. 53, § 11; 1999, No. 983, § 10.
Ark. Code Ann. § 18-60-423 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-423
Distribution of sale proceeds
Status: in_force

The proceeds of every sale, after deducting the costs and expenses of the proceedings, shall be divided among the parties whose rights and interests shall have been sold, in proportion to their respective rights in the premises, and shall be paid to them, their guardians, or legal representatives by the commissioners. Rev. Stat., ch. 107, § 31; C. & M. Dig., § 8119; Pope's Dig., § 10540; A.S.A. 1947, § 34-1834.

The proceeds of every sale, after deducting the costs and expenses of the proceedings, shall be divided among the parties whose rights and interests shall have been sold, in proportion to their respective rights in the premises, and shall be paid to them, their guardians, or legal representatives by the commissioners.

Rev. Stat., ch. 107, § 31; C. & M. Dig., § 8119; Pope's Dig., § 10540; A.S.A. 1947, § 34-1834.