Ark. Code Ann. § 18-48-807 — AR Code / Title 18 / Chapter 48 / Subchapter 8 / Section 18-48-807
Release of notice of claim of lien
Status: in_force

(a) If a principal broker records a notice of claim of lien against proceeds and knows or learns that he or she is not entitled to receive compensation under the terms of the representation agreement, the principal broker shall record a written release of the notice of claim of lien against proceeds within five (5) days after: (1) Demand by the owner of the commercial real estate; or (2) Learning that the principal broker is not entitled to receive compensation under the terms of the representation agreement. (b) If the amount claimed in the notice of claim of lien has been paid, a lien claimant shall promptly record a satisfaction or release of the notice of claim of lien within five (5) days after receipt of payment of the amount claimed in the notice of claim of lien. (c) (1) In a disposition of commercial real estate, the escrow closing agent shall pay to the lien claimant the owner's net proceeds up to the amount claimed in the notice of claim of lien against proceeds. (2) If the amount claimed in the notice of claim of lien is to be fully or partially paid to the lien claimant by the escrow closing agent upon disposition, the lien claimant shall submit a release of his or her notice of claim of lien against proceeds to the escrow closing agent who shall hold the release in escrow pending disposition and payment. (d) (1) (A) A notice of claim of lien against proceeds recorded under this subchapter shall be released upon the recording of a receipt by the office in which the notice of claim of lien was recorded that shows a deposit of an amount equal to the lien claimed. (B) The deposit shall be held pending a resolution of amounts due to the licensee and the owner. (2) If the court determines in an action by the owner to compel delivery of the release by the lien claimant that the delay in providing the release was unjustified, the court shall: (A) Order the release of the notice of claim of lien; and (B) Award the owner the costs of the action, including a reasonable attorney's fee. Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.

(a) If a principal broker records a notice of claim of lien against proceeds and knows or learns that he or she is not entitled to receive compensation under the terms of the representation agreement, the principal broker shall record a written release of the notice of claim of lien against proceeds within five (5) days after: (1) Demand by the owner of the commercial real estate; or (2) Learning that the principal broker is not entitled to receive compensation under the terms of the representation agreement.

(1) Demand by the owner of the commercial real estate; or

(2) Learning that the principal broker is not entitled to receive compensation under the terms of the representation agreement.

(b) If the amount claimed in the notice of claim of lien has been paid, a lien claimant shall promptly record a satisfaction or release of the notice of claim of lien within five (5) days after receipt of payment of the amount claimed in the notice of claim of lien.

(c) (1) In a disposition of commercial real estate, the escrow closing agent shall pay to the lien claimant the owner's net proceeds up to the amount claimed in the notice of claim of lien against proceeds. (2) If the amount claimed in the notice of claim of lien is to be fully or partially paid to the lien claimant by the escrow closing agent upon disposition, the lien claimant shall submit a release of his or her notice of claim of lien against proceeds to the escrow closing agent who shall hold the release in escrow pending disposition and payment.

(1) In a disposition of commercial real estate, the escrow closing agent shall pay to the lien claimant the owner's net proceeds up to the amount claimed in the notice of claim of lien against proceeds.

(2) If the amount claimed in the notice of claim of lien is to be fully or partially paid to the lien claimant by the escrow closing agent upon disposition, the lien claimant shall submit a release of his or her notice of claim of lien against proceeds to the escrow closing agent who shall hold the release in escrow pending disposition and payment.

(d) (1) (A) A notice of claim of lien against proceeds recorded under this subchapter shall be released upon the recording of a receipt by the office in which the notice of claim of lien was recorded that shows a deposit of an amount equal to the lien claimed. (B) The deposit shall be held pending a resolution of amounts due to the licensee and the owner. (2) If the court determines in an action by the owner to compel delivery of the release by the lien claimant that the delay in providing the release was unjustified, the court shall: (A) Order the release of the notice of claim of lien; and (B) Award the owner the costs of the action, including a reasonable attorney's fee.

(1) (A) A notice of claim of lien against proceeds recorded under this subchapter shall be released upon the recording of a receipt by the office in which the notice of claim of lien was recorded that shows a deposit of an amount equal to the lien claimed. (B) The deposit shall be held pending a resolution of amounts due to the licensee and the owner.

(A) A notice of claim of lien against proceeds recorded under this subchapter shall be released upon the recording of a receipt by the office in which the notice of claim of lien was recorded that shows a deposit of an amount equal to the lien claimed.

(B) The deposit shall be held pending a resolution of amounts due to the licensee and the owner.

(2) If the court determines in an action by the owner to compel delivery of the release by the lien claimant that the delay in providing the release was unjustified, the court shall: (A) Order the release of the notice of claim of lien; and (B) Award the owner the costs of the action, including a reasonable attorney's fee.

(A) Order the release of the notice of claim of lien; and

(B) Award the owner the costs of the action, including a reasonable attorney's fee.

Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.
Ark. Code Ann. § 18-49-105 — AR Code / Title 18 / Chapter 49 / Section 18-49-105
Proceeds of sale insufficient
Status: in_force

If the whole of mortgaged property does not sell for a sum sufficient to satisfy the amount due, an execution may be issued against the defendant as on ordinary judgments. Rev. Stat., ch. 101, § 17; C. & M. Dig., § 6244; Pope's Dig., §§ 8200, 9478; A.S.A. 1947, § 51-1110.

If the whole of mortgaged property does not sell for a sum sufficient to satisfy the amount due, an execution may be issued against the defendant as on ordinary judgments.

Rev. Stat., ch. 101, § 17; C. & M. Dig., § 6244; Pope's Dig., §§ 8200, 9478; A.S.A. 1947, § 51-1110.
Ark. Code Ann. § 18-40-110 — AR Code / Title 18 / Chapter 40 / Section 18-40-110
Recording by public utilities covering property situated in more than one county
Status: in_force

(a) Every mortgage, deed of trust, and instrument supplementary thereto, amendatory thereof, or in satisfaction thereof, covering any real property situated in more than one (1) county in this state and made by a corporation subject to regulation by the Arkansas Public Service Commission, or its successor, shall be executed and acknowledged in the manner provided by law and may be recorded or filed in the office of the Secretary of State, but the recording or filing is not mandatory. (b) The recording or filing of the instrument in the office of the Secretary of State shall be notice to all subsequent purchasers and encumbrancers of the rights and interests of the parties thereto as to property described in the recorded or filed instrument. (c) A general description of the property of the mortgagor, rather than a specific description of each parcel or item, shall be an adequate description. (d) Any such instrument previously recorded or filed in the office of the county recorder or circuit clerk of any county in this state may be rerecorded or refiled in the office of the Secretary of State in the manner provided in this section. The rerecording or refiling thereafter shall be of the same effect as to any property not previously released from the mortgage or deed of trust as if the instrument had been originally recorded or filed in the office of the Secretary of State. (e) Any mortgage properly filed in the office of the Secretary of State in accordance with the provisions of this section shall be a lien on the mortgaged property from the time it is filed, and not before. (f) Upon the filing of any instrument as provided in this section, there shall also be filed with the recorder of deeds of the county wherein the mortgaged property is situated a brief statement containing the names of the mortgagor and mortgagee and a description of the property. An adequate property description shall consist of language reading substantially as follows: "All property owned by mortgagor and situated in ............... County, Arkansas." (g) Instruments recorded or filed prior to July 24, 1973, shall not be affected by this section. (h) All other laws not in conflict with this section which relate to the time when, or manner or place in which, mortgages, deeds of trust, or instruments supplementary thereto, amendatory thereof, or in satisfaction thereof are filed, executed, or acknowledged or which relate to the manner of endorsement of the record where the instrument is recorded shall be construed to apply to instruments recorded or filed in the office of the Secretary of State pursuant to this section. Acts 1973, No. 252, §§ 1-3; A.S.A. 1947, §§ 51-1020 -- 51-1022.

(a) Every mortgage, deed of trust, and instrument supplementary thereto, amendatory thereof, or in satisfaction thereof, covering any real property situated in more than one (1) county in this state and made by a corporation subject to regulation by the Arkansas Public Service Commission, or its successor, shall be executed and acknowledged in the manner provided by law and may be recorded or filed in the office of the Secretary of State, but the recording or filing is not mandatory.

(b) The recording or filing of the instrument in the office of the Secretary of State shall be notice to all subsequent purchasers and encumbrancers of the rights and interests of the parties thereto as to property described in the recorded or filed instrument.

(c) A general description of the property of the mortgagor, rather than a specific description of each parcel or item, shall be an adequate description.

(d) Any such instrument previously recorded or filed in the office of the county recorder or circuit clerk of any county in this state may be rerecorded or refiled in the office of the Secretary of State in the manner provided in this section. The rerecording or refiling thereafter shall be of the same effect as to any property not previously released from the mortgage or deed of trust as if the instrument had been originally recorded or filed in the office of the Secretary of State.

(e) Any mortgage properly filed in the office of the Secretary of State in accordance with the provisions of this section shall be a lien on the mortgaged property from the time it is filed, and not before.

(f) Upon the filing of any instrument as provided in this section, there shall also be filed with the recorder of deeds of the county wherein the mortgaged property is situated a brief statement containing the names of the mortgagor and mortgagee and a description of the property. An adequate property description shall consist of language reading substantially as follows: "All property owned by mortgagor and situated in ............... County, Arkansas."

(g) Instruments recorded or filed prior to July 24, 1973, shall not be affected by this section.

(h) All other laws not in conflict with this section which relate to the time when, or manner or place in which, mortgages, deeds of trust, or instruments supplementary thereto, amendatory thereof, or in satisfaction thereof are filed, executed, or acknowledged or which relate to the manner of endorsement of the record where the instrument is recorded shall be construed to apply to instruments recorded or filed in the office of the Secretary of State pursuant to this section.

Acts 1973, No. 252, §§ 1-3; A.S.A. 1947, §§ 51-1020 -- 51-1022.
Ark. Code Ann. § 18-60-813 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-813
Execution of order
Status: in_force

(a) The sheriff shall execute the order by taking the property therein mentioned, if it is found in the possession of the defendant, or his or her agent, or of any other person who obtained possession thereof from the defendant, directly or indirectly, after the order was placed in the sheriff's hands. (b) The sheriff shall also deliver a copy of the order to the defendant, or to the person from whose possession the property is taken, or, if neither can be found, leave it at the usual place of abode of either, with some person of the age of at least sixteen (16). Civil Code, § 208; C. & M. Dig., § 8647; Pope's Dig., § 11380; A.S.A. 1947, § 34-2107.

(a) The sheriff shall execute the order by taking the property therein mentioned, if it is found in the possession of the defendant, or his or her agent, or of any other person who obtained possession thereof from the defendant, directly or indirectly, after the order was placed in the sheriff's hands.

(b) The sheriff shall also deliver a copy of the order to the defendant, or to the person from whose possession the property is taken, or, if neither can be found, leave it at the usual place of abode of either, with some person of the age of at least sixteen (16).

Civil Code, § 208; C. & M. Dig., § 8647; Pope's Dig., § 11380; A.S.A. 1947, § 34-2107.
Ark. Code Ann. § 18-15-510 — AR Code / Title 18 / Chapter 15 / Subchapter 5 / Section 18-15-510
Construction of hydroelectric dams - Rights-of-way for railroad in connection with use or construction of dam
Status: in_force

(a) Every company authorized to construct hydroelectric dams in the State of Arkansas, when it becomes expedient or necessary to acquire a right-of-way for the purpose of constructing a railroad for use in connection with or to facilitate the construction of the dam, the companies shall have the power to enter upon, condemn, and appropriate the lands, rights-of-way, easements, and property of persons, firms, or corporations. (b) The method or manner of making its survey, laying out its right-of-way, acquiring its right-of-way, either by contract or condemnation, shall be the same as now provided by law in case of the exercise of the right of eminent domain by telegraph, telephone, and railroad companies. (c) It shall be subject to the same duties and liabilities and shall have the same rights as prescribed by law with reference to railroads. (d) This section shall not be so construed as to authorize the condemnation of public streets or highways. Acts 1929, No. 246, § 1; Pope's Dig., § 5060; A.S.A. 1947, § 73-2017.

(a) Every company authorized to construct hydroelectric dams in the State of Arkansas, when it becomes expedient or necessary to acquire a right-of-way for the purpose of constructing a railroad for use in connection with or to facilitate the construction of the dam, the companies shall have the power to enter upon, condemn, and appropriate the lands, rights-of-way, easements, and property of persons, firms, or corporations.

(b) The method or manner of making its survey, laying out its right-of-way, acquiring its right-of-way, either by contract or condemnation, shall be the same as now provided by law in case of the exercise of the right of eminent domain by telegraph, telephone, and railroad companies.

(c) It shall be subject to the same duties and liabilities and shall have the same rights as prescribed by law with reference to railroads.

(d) This section shall not be so construed as to authorize the condemnation of public streets or highways.

Acts 1929, No. 246, § 1; Pope's Dig., § 5060; A.S.A. 1947, § 73-2017.
Ark. Code Ann. § 18-42-108 — AR Code / Title 18 / Chapter 42 / Section 18-42-108
Abandonment by employee
Status: in_force

If any laborer, without good cause, shall abandon his or her employer before the expiration of his or her contract, he or she shall be liable to his or her employer for the full amount of any account he or she may owe his or her employer and shall forfeit to his or her employer all wages or share of crop due him or her, or which might become due him or her, from his or her employer. Acts § 1883, No. 96, § 6, p. 176; C. & M. Dig., § 6886; Pope's Dig., § 8842; A.S.A. 1947, § 51-508.

If any laborer, without good cause, shall abandon his or her employer before the expiration of his or her contract, he or she shall be liable to his or her employer for the full amount of any account he or she may owe his or her employer and shall forfeit to his or her employer all wages or share of crop due him or her, or which might become due him or her, from his or her employer.

Acts § 1883, No. 96, § 6, p. 176; C. & M. Dig., § 6886; Pope's Dig., § 8842; A.S.A. 1947, § 51-508.
Ark. Code Ann. § 18-14-501 — AR Code / Title 18 / Chapter 14 / Subchapter 5 / Section 18-14-501
Filing of advertising materials
Status: in_force

(a) All advertising materials proposed for use or used in this state by a person with the offer or sale of a time-share property are subject to the review of the Arkansas Real Estate Commission upon its request. (b) Advertising materials include: (1) Promotional brochures, pamphlets, advertisements, or other materials to be distributed to the public concerning the sale of time-shares; (2) Transcripts of all radio and television advertisements; (3) Offers of travel, accommodations, meals, or entertainment at no cost or reduced cost; (4) Direct mail solicitation; (5) Advertising, including testimonials or endorsements; (6) Scripts or standardized narrative for use in making telephone solicitations; and (7) Websites or other electronic media. Amended by Act 2013, No. 710,§ 5, eff. 8/16/2013. Acts 1983, No. 294, Art. 6, § 6-102; 1983, No. 765, § 6; A.S.A. 1947, § 50-1335.

(a) All advertising materials proposed for use or used in this state by a person with the offer or sale of a time-share property are subject to the review of the Arkansas Real Estate Commission upon its request.

(b) Advertising materials include: (1) Promotional brochures, pamphlets, advertisements, or other materials to be distributed to the public concerning the sale of time-shares; (2) Transcripts of all radio and television advertisements; (3) Offers of travel, accommodations, meals, or entertainment at no cost or reduced cost; (4) Direct mail solicitation; (5) Advertising, including testimonials or endorsements; (6) Scripts or standardized narrative for use in making telephone solicitations; and (7) Websites or other electronic media.

(1) Promotional brochures, pamphlets, advertisements, or other materials to be distributed to the public concerning the sale of time-shares;

(2) Transcripts of all radio and television advertisements;

(3) Offers of travel, accommodations, meals, or entertainment at no cost or reduced cost;

(4) Direct mail solicitation;

(5) Advertising, including testimonials or endorsements;

(6) Scripts or standardized narrative for use in making telephone solicitations; and

(7) Websites or other electronic media.

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

Acts 1983, No. 294, Art. 6, § 6-102; 1983, No. 765, § 6; A.S.A. 1947, § 50-1335.
Ark. Code Ann. § 18-16-407 — AR Code / Title 18 / Chapter 16 / Subchapter 4 / Section 18-16-407
Sale and removal procedure - Definitions
Status: in_force

(a) As used in this section: (1) "Independent bidder" means a person, partnership, corporation, or any other entity that participates in the sale of personal property by: (A) Making a monetary offer to purchase the personal property in person at the sale or online; (B) Being physically present at the sale of the personal property for the purpose of purchasing the personal property; or (C) Viewing the sale of personal property online for the purpose of purchasing the personal property; and (2) "Commercially reasonable manner" means a manner in conformity with advertising practices among dealers in the type of personal property being sold or removed. (b) Before conducting a sale or removal of personal property under § 18-16-406 , the operator shall: (1) (A) Notify the occupant in writing of the default. (B) Except as provided in subdivision (a)(1)(D) of this section, notice shall be sent by first class mail with certificate of mailing to the occupant at the occupant's last known address. (C) The notice shall include: (i) A statement that the contents of the occupant's leased space are subject to the operator's lien; (ii) A statement of the operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges that shall become due before the date of sale, and the date the additional charges shall become due; (iii) A demand for payment of the charges due within a specified time, not less than fourteen (14) days after the date that the notice is sent; (iv) A statement that unless the claim is paid within the time stated, the contents of the occupant's space will be sold at a specified time and place or removed from the self-service storage facility on a specified date; (v) The name, street address, and telephone number of the operator or his or her designated agent whom the occupant may contact to respond to the notice; and (vi) Designation of the date, time, and place where the contents will be sold or removed from the self-service storage facility unless the default is remedied before the sale or removal of the personal property. (D) If an occupant provides an email address and gives permission to the storage facility to use the email address as a legal notification for the occupant's last known address, then the operator may use the email address to send the notice required by subdivision (a)(1)(C) of this section instead of sending the notice by first class mail with certificate of mailing; (2) (A) At least seven (7) days before the sale or removal of personal property: (i) Publish one (1) advertisement announcing the sale or removal of personal property in a newspaper of general circulation in the county in which the storage facility is located; or (ii) Advertise the sale or removal of personal property in a commercially reasonable manner. (B) The advertisement of a sale of personal property is conducted in a commercially reasonable manner if at least three (3) independent bidders participate in the sale of the personal property; and (3) (A) Contact the circuit clerk in the county where the personal property is stored to determine the name and address of any holder of liens or security interests in the personal property being sold or removed. (B) (i) The operator shall notify by first class mail with certificate of mailing each holder of a lien or security interest of the time and place of the proposed sale or removal of the personal property at least ten (10) days before conducting the sale or removing the personal property. (ii) The operator shall be required to notify the holder of a lien or security interest only if the lien or security interest is filed under the name of the occupant. (c) At any time before a sale or removal of personal property under this section, the occupant may pay the amount necessary to satisfy the operator's lien and redeem the occupant's personal property. (d) The sale under this subchapter shall be held at the self-service storage facility where the personal property is stored. (e) A purchaser in good faith of any personal property sold under this subchapter takes the property free and clear of any rights of: (1) Persons against whom the lien was valid; and (2) Other lienholders. (f) If the operator complies with the provisions of this subchapter, the operator's liability: (1) To the occupant shall be limited to the net proceeds received from the sale of the personal property; and (2) To other lienholders shall be limited to the net proceeds received from the sale of any personal property covered by the other liens or the amount owed to such lienholders, whichever is less. (g) The operator shall retain a copy of all notices and return receipts required by subsection (b) of this section for six (6) months following the date of the lien sale or removal of the personal property from the self-service storage facility. Amended by Act 2021, No. 363,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 348,§ 5, eff. 7/22/2015. Amended by Act 2013, No. 364,§ 2, eff. 8/16/2013. Acts 1987, No. 576, § 4; 2011, No. 189, § 1.

(a) As used in this section: (1) "Independent bidder" means a person, partnership, corporation, or any other entity that participates in the sale of personal property by: (A) Making a monetary offer to purchase the personal property in person at the sale or online; (B) Being physically present at the sale of the personal property for the purpose of purchasing the personal property; or (C) Viewing the sale of personal property online for the purpose of purchasing the personal property; and (2) "Commercially reasonable manner" means a manner in conformity with advertising practices among dealers in the type of personal property being sold or removed.

(1) "Independent bidder" means a person, partnership, corporation, or any other entity that participates in the sale of personal property by: (A) Making a monetary offer to purchase the personal property in person at the sale or online; (B) Being physically present at the sale of the personal property for the purpose of purchasing the personal property; or (C) Viewing the sale of personal property online for the purpose of purchasing the personal property; and

(A) Making a monetary offer to purchase the personal property in person at the sale or online;

(B) Being physically present at the sale of the personal property for the purpose of purchasing the personal property; or

(C) Viewing the sale of personal property online for the purpose of purchasing the personal property; and

(2) "Commercially reasonable manner" means a manner in conformity with advertising practices among dealers in the type of personal property being sold or removed.

(b) Before conducting a sale or removal of personal property under § 18-16-406 , the operator shall: (1) (A) Notify the occupant in writing of the default. (B) Except as provided in subdivision (a)(1)(D) of this section, notice shall be sent by first class mail with certificate of mailing to the occupant at the occupant's last known address. (C) The notice shall include: (i) A statement that the contents of the occupant's leased space are subject to the operator's lien; (ii) A statement of the operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges that shall become due before the date of sale, and the date the additional charges shall become due; (iii) A demand for payment of the charges due within a specified time, not less than fourteen (14) days after the date that the notice is sent; (iv) A statement that unless the claim is paid within the time stated, the contents of the occupant's space will be sold at a specified time and place or removed from the self-service storage facility on a specified date; (v) The name, street address, and telephone number of the operator or his or her designated agent whom the occupant may contact to respond to the notice; and (vi) Designation of the date, time, and place where the contents will be sold or removed from the self-service storage facility unless the default is remedied before the sale or removal of the personal property. (D) If an occupant provides an email address and gives permission to the storage facility to use the email address as a legal notification for the occupant's last known address, then the operator may use the email address to send the notice required by subdivision (a)(1)(C) of this section instead of sending the notice by first class mail with certificate of mailing; (2) (A) At least seven (7) days before the sale or removal of personal property: (i) Publish one (1) advertisement announcing the sale or removal of personal property in a newspaper of general circulation in the county in which the storage facility is located; or (ii) Advertise the sale or removal of personal property in a commercially reasonable manner. (B) The advertisement of a sale of personal property is conducted in a commercially reasonable manner if at least three (3) independent bidders participate in the sale of the personal property; and (3) (A) Contact the circuit clerk in the county where the personal property is stored to determine the name and address of any holder of liens or security interests in the personal property being sold or removed. (B) (i) The operator shall notify by first class mail with certificate of mailing each holder of a lien or security interest of the time and place of the proposed sale or removal of the personal property at least ten (10) days before conducting the sale or removing the personal property. (ii) The operator shall be required to notify the holder of a lien or security interest only if the lien or security interest is filed under the name of the occupant.

(1) (A) Notify the occupant in writing of the default. (B) Except as provided in subdivision (a)(1)(D) of this section, notice shall be sent by first class mail with certificate of mailing to the occupant at the occupant's last known address. (C) The notice shall include: (i) A statement that the contents of the occupant's leased space are subject to the operator's lien; (ii) A statement of the operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges that shall become due before the date of sale, and the date the additional charges shall become due; (iii) A demand for payment of the charges due within a specified time, not less than fourteen (14) days after the date that the notice is sent; (iv) A statement that unless the claim is paid within the time stated, the contents of the occupant's space will be sold at a specified time and place or removed from the self-service storage facility on a specified date; (v) The name, street address, and telephone number of the operator or his or her designated agent whom the occupant may contact to respond to the notice; and (vi) Designation of the date, time, and place where the contents will be sold or removed from the self-service storage facility unless the default is remedied before the sale or removal of the personal property. (D) If an occupant provides an email address and gives permission to the storage facility to use the email address as a legal notification for the occupant's last known address, then the operator may use the email address to send the notice required by subdivision (a)(1)(C) of this section instead of sending the notice by first class mail with certificate of mailing;

(A) Notify the occupant in writing of the default.

(B) Except as provided in subdivision (a)(1)(D) of this section, notice shall be sent by first class mail with certificate of mailing to the occupant at the occupant's last known address.

(C) The notice shall include: (i) A statement that the contents of the occupant's leased space are subject to the operator's lien; (ii) A statement of the operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges that shall become due before the date of sale, and the date the additional charges shall become due; (iii) A demand for payment of the charges due within a specified time, not less than fourteen (14) days after the date that the notice is sent; (iv) A statement that unless the claim is paid within the time stated, the contents of the occupant's space will be sold at a specified time and place or removed from the self-service storage facility on a specified date; (v) The name, street address, and telephone number of the operator or his or her designated agent whom the occupant may contact to respond to the notice; and (vi) Designation of the date, time, and place where the contents will be sold or removed from the self-service storage facility unless the default is remedied before the sale or removal of the personal property.

(i) A statement that the contents of the occupant's leased space are subject to the operator's lien;

(ii) A statement of the operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges that shall become due before the date of sale, and the date the additional charges shall become due;

(iii) A demand for payment of the charges due within a specified time, not less than fourteen (14) days after the date that the notice is sent;

(iv) A statement that unless the claim is paid within the time stated, the contents of the occupant's space will be sold at a specified time and place or removed from the self-service storage facility on a specified date;

(v) The name, street address, and telephone number of the operator or his or her designated agent whom the occupant may contact to respond to the notice; and

(vi) Designation of the date, time, and place where the contents will be sold or removed from the self-service storage facility unless the default is remedied before the sale or removal of the personal property.

(D) If an occupant provides an email address and gives permission to the storage facility to use the email address as a legal notification for the occupant's last known address, then the operator may use the email address to send the notice required by subdivision (a)(1)(C) of this section instead of sending the notice by first class mail with certificate of mailing;

(2) (A) At least seven (7) days before the sale or removal of personal property: (i) Publish one (1) advertisement announcing the sale or removal of personal property in a newspaper of general circulation in the county in which the storage facility is located; or (ii) Advertise the sale or removal of personal property in a commercially reasonable manner. (B) The advertisement of a sale of personal property is conducted in a commercially reasonable manner if at least three (3) independent bidders participate in the sale of the personal property; and

(A) At least seven (7) days before the sale or removal of personal property: (i) Publish one (1) advertisement announcing the sale or removal of personal property in a newspaper of general circulation in the county in which the storage facility is located; or (ii) Advertise the sale or removal of personal property in a commercially reasonable manner.

(i) Publish one (1) advertisement announcing the sale or removal of personal property in a newspaper of general circulation in the county in which the storage facility is located; or

(ii) Advertise the sale or removal of personal property in a commercially reasonable manner.

(B) The advertisement of a sale of personal property is conducted in a commercially reasonable manner if at least three (3) independent bidders participate in the sale of the personal property; and

(3) (A) Contact the circuit clerk in the county where the personal property is stored to determine the name and address of any holder of liens or security interests in the personal property being sold or removed. (B) (i) The operator shall notify by first class mail with certificate of mailing each holder of a lien or security interest of the time and place of the proposed sale or removal of the personal property at least ten (10) days before conducting the sale or removing the personal property. (ii) The operator shall be required to notify the holder of a lien or security interest only if the lien or security interest is filed under the name of the occupant.

(A) Contact the circuit clerk in the county where the personal property is stored to determine the name and address of any holder of liens or security interests in the personal property being sold or removed.

(B) (i) The operator shall notify by first class mail with certificate of mailing each holder of a lien or security interest of the time and place of the proposed sale or removal of the personal property at least ten (10) days before conducting the sale or removing the personal property. (ii) The operator shall be required to notify the holder of a lien or security interest only if the lien or security interest is filed under the name of the occupant.

(i) The operator shall notify by first class mail with certificate of mailing each holder of a lien or security interest of the time and place of the proposed sale or removal of the personal property at least ten (10) days before conducting the sale or removing the personal property.

(ii) The operator shall be required to notify the holder of a lien or security interest only if the lien or security interest is filed under the name of the occupant.

(c) At any time before a sale or removal of personal property under this section, the occupant may pay the amount necessary to satisfy the operator's lien and redeem the occupant's personal property.

(d) The sale under this subchapter shall be held at the self-service storage facility where the personal property is stored.

(e) A purchaser in good faith of any personal property sold under this subchapter takes the property free and clear of any rights of: (1) Persons against whom the lien was valid; and (2) Other lienholders.

(1) Persons against whom the lien was valid; and

(2) Other lienholders.

(f) If the operator complies with the provisions of this subchapter, the operator's liability: (1) To the occupant shall be limited to the net proceeds received from the sale of the personal property; and (2) To other lienholders shall be limited to the net proceeds received from the sale of any personal property covered by the other liens or the amount owed to such lienholders, whichever is less.

(1) To the occupant shall be limited to the net proceeds received from the sale of the personal property; and

(2) To other lienholders shall be limited to the net proceeds received from the sale of any personal property covered by the other liens or the amount owed to such lienholders, whichever is less.

(g) The operator shall retain a copy of all notices and return receipts required by subsection (b) of this section for six (6) months following the date of the lien sale or removal of the personal property from the self-service storage facility.

Amended by Act 2021, No. 363,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 348,§ 5, eff. 7/22/2015.

Amended by Act 2013, No. 364,§ 2, eff. 8/16/2013.

Acts 1987, No. 576, § 4; 2011, No. 189, § 1.
Ark. Code Ann. § 18-43-108 — AR Code / Title 18 / Chapter 43 / Section 18-43-108
Proceedings for larger amounts
Status: in_force

When the amount exceeds three hundred dollars ($300), the proceeding will be the same as described for smaller amounts, except the plaintiff shall make a sworn statement before the clerk of the circuit court, and there shall be thirty (30) days' notice given to the defendant before the day of trial. Acts 1868, No. 64, § 18, p. 224; C. & M. Dig., § 6851; Pope's Dig., § 8807; A.S.A. 1947, § 51-305.

When the amount exceeds three hundred dollars ($300), the proceeding will be the same as described for smaller amounts, except the plaintiff shall make a sworn statement before the clerk of the circuit court, and there shall be thirty (30) days' notice given to the defendant before the day of trial.

Acts 1868, No. 64, § 18, p. 224; C. & M. Dig., § 6851; Pope's Dig., § 8807; A.S.A. 1947, § 51-305.
Ark. Code Ann. § 18-17-701 — AR Code / Title 18 / Chapter 17 / Subchapter 7 / Section 18-17-701
Noncompliance with rental agreement - Failure to pay rent - Removal of evicted tenant's personal property
Status: in_force

(a) (1) Except as provided in this chapter, if there is a noncompliance by the tenant with the rental agreement, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the noncompliance and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice, if the noncompliance is not remedied in fourteen (14) days. (2) The rental agreement shall terminate as provided in the notice unless the noncompliance is remediable by repairs or otherwise and the tenant adequately remedies the noncompliance before the date specified in the notice. (b) If rent is unpaid when due and the tenant fails to pay rent within five (5) days from the date due, the landlord may terminate the rental agreement. (c) (1) Except as provided in this chapter, the landlord may recover actual damages and obtain injunctive relief, judgments, or evictions in circuit court or district court without posting bond for any noncompliance by the tenant with the rental agreement. (2) If the tenant's noncompliance is willful other than nonpayment of rent, the landlord may recover reasonable attorney's fees, provided the landlord is represented by an attorney. (3) If the tenant's nonpayment of rent is not in good faith, the landlord is entitled to reasonable attorney's fees, provided the landlord is represented by an attorney. Acts 2007, No. 1004, § 1; 2009, No. 482, § 5.

(a) (1) Except as provided in this chapter, if there is a noncompliance by the tenant with the rental agreement, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the noncompliance and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice, if the noncompliance is not remedied in fourteen (14) days. (2) The rental agreement shall terminate as provided in the notice unless the noncompliance is remediable by repairs or otherwise and the tenant adequately remedies the noncompliance before the date specified in the notice.

(1) Except as provided in this chapter, if there is a noncompliance by the tenant with the rental agreement, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the noncompliance and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice, if the noncompliance is not remedied in fourteen (14) days.

(2) The rental agreement shall terminate as provided in the notice unless the noncompliance is remediable by repairs or otherwise and the tenant adequately remedies the noncompliance before the date specified in the notice.

(b) If rent is unpaid when due and the tenant fails to pay rent within five (5) days from the date due, the landlord may terminate the rental agreement.

(c) (1) Except as provided in this chapter, the landlord may recover actual damages and obtain injunctive relief, judgments, or evictions in circuit court or district court without posting bond for any noncompliance by the tenant with the rental agreement. (2) If the tenant's noncompliance is willful other than nonpayment of rent, the landlord may recover reasonable attorney's fees, provided the landlord is represented by an attorney. (3) If the tenant's nonpayment of rent is not in good faith, the landlord is entitled to reasonable attorney's fees, provided the landlord is represented by an attorney.

(1) Except as provided in this chapter, the landlord may recover actual damages and obtain injunctive relief, judgments, or evictions in circuit court or district court without posting bond for any noncompliance by the tenant with the rental agreement.

(2) If the tenant's noncompliance is willful other than nonpayment of rent, the landlord may recover reasonable attorney's fees, provided the landlord is represented by an attorney.

(3) If the tenant's nonpayment of rent is not in good faith, the landlord is entitled to reasonable attorney's fees, provided the landlord is represented by an attorney.

Acts 2007, No. 1004, § 1; 2009, No. 482, § 5.
Ark. Code Ann. § 18-41-108 — AR Code / Title 18 / Chapter 41 / Section 18-41-108
Attachment to enforce
Status: in_force

(a) Any landlord who has a lien on the crop for rent shall be entitled to bring suit before a circuit court having jurisdiction and have a writ of attachment for the recovery of it, whether the rent is due or not, in the following cases: (1) If the tenant is about to remove the crop from the premises without paying the rent; or (2) If he or she has removed the crop, or any portion thereof, without the consent of the landlord. (b) (1) Before the writ of attachment is issued, the landlord or his or her agent or attorney shall file an affidavit of one (1) of the facts under subdivision (a)(1) or subdivision (a)(2) of this section, that the amount claimed is or will be due for rent, or will be the value of the portion of the crop agreed as rent, stating the time the rent became or would become due and that he or she has a lien on the crop for rent. (2) The landlord or his or her agent or attorney shall file with the clerk of the court a bond to the defendant, with sufficient security, in double the amount of his or her claim as sworn to, conditioned that he or she will prove his or her debt or demand and his or her lien in a trial, or that he or she will pay damages against him or her. (c) The writ of attachment may be levied on the crop in the possession of the tenant or anyone holding it in his or her right or in the possession of a purchaser from him or her with notice of the lien of the landlord. (d) If the rent is not due at the commencement of the suit, the trial shall be stayed until it becomes due, and the attachment, at any time before final trial, may be dissolved in the manner prescribed by law, and the cause proceed as other suits. Amended by Act 2017, No. 757,§ 2, eff. 8/1/2017. Acts 1860, No. 51, §§ 1-4, p. 101; C. & M. Dig., §§ 6897-6900; Pope's Dig., §§ 8853-8856; A.S.A. 1947, §§ 51-206 -- 51-209.

(a) Any landlord who has a lien on the crop for rent shall be entitled to bring suit before a circuit court having jurisdiction and have a writ of attachment for the recovery of it, whether the rent is due or not, in the following cases: (1) If the tenant is about to remove the crop from the premises without paying the rent; or (2) If he or she has removed the crop, or any portion thereof, without the consent of the landlord.

(1) If the tenant is about to remove the crop from the premises without paying the rent; or

(2) If he or she has removed the crop, or any portion thereof, without the consent of the landlord.

(b) (1) Before the writ of attachment is issued, the landlord or his or her agent or attorney shall file an affidavit of one (1) of the facts under subdivision (a)(1) or subdivision (a)(2) of this section, that the amount claimed is or will be due for rent, or will be the value of the portion of the crop agreed as rent, stating the time the rent became or would become due and that he or she has a lien on the crop for rent. (2) The landlord or his or her agent or attorney shall file with the clerk of the court a bond to the defendant, with sufficient security, in double the amount of his or her claim as sworn to, conditioned that he or she will prove his or her debt or demand and his or her lien in a trial, or that he or she will pay damages against him or her.

(1) Before the writ of attachment is issued, the landlord or his or her agent or attorney shall file an affidavit of one (1) of the facts under subdivision (a)(1) or subdivision (a)(2) of this section, that the amount claimed is or will be due for rent, or will be the value of the portion of the crop agreed as rent, stating the time the rent became or would become due and that he or she has a lien on the crop for rent.

(2) The landlord or his or her agent or attorney shall file with the clerk of the court a bond to the defendant, with sufficient security, in double the amount of his or her claim as sworn to, conditioned that he or she will prove his or her debt or demand and his or her lien in a trial, or that he or she will pay damages against him or her.

(c) The writ of attachment may be levied on the crop in the possession of the tenant or anyone holding it in his or her right or in the possession of a purchaser from him or her with notice of the lien of the landlord.

(d) If the rent is not due at the commencement of the suit, the trial shall be stayed until it becomes due, and the attachment, at any time before final trial, may be dissolved in the manner prescribed by law, and the cause proceed as other suits.

Amended by Act 2017, No. 757,§ 2, eff. 8/1/2017.

Acts 1860, No. 51, §§ 1-4, p. 101; C. & M. Dig., §§ 6897-6900; Pope's Dig., §§ 8853-8856; A.S.A. 1947, §§ 51-206 -- 51-209.
Ark. Code Ann. § 18-16-401 — AR Code / Title 18 / Chapter 16 / Subchapter 4 / Section 18-16-401
Definitions
Status: in_force

As used in this subchapter: (1) "Default" means the failure to timely perform an obligation of a rental agreement; (2) "Electronic mail" means an electronic message, a file, data, or other information that is transmitted: (A) Between two (2) or more computers, computer networks, or electronic terminals; or (B) Within or between computer networks; (3) "Electronic mail address" means a destination commonly expressed as a string of characters to which electronic mail may be sent or delivered; (4) "Last known address" means the address or electronic mail address provided by the occupant in: (A) The rental agreement; or (B) A subsequent written notice of a change of address; (5) "Leased space" means individual storage space at a self-service storage facility that is rented to an occupant under a rental agreement; (6) "Net proceeds" means the proceeds from the sale authorized upon a default under this subchapter after deduction for: (A) Expenses incurred by the operator to exercise its rights under this subchapter, including without limitation attorney's fees, auctioneers' fees, postage, and publication costs; (B) The debt owed by the occupant to the operator for leased space; and (C) Charges related to preserving, assembling, advertising, and selling personal property under this subchapter; (7) "Occupant" means a person or entity entitled to the use of leased space at a self-service storage facility under a rental agreement; (8) (A) "Operator" means: (i) The owner, operator, lessor, or sublessor of a self-service storage facility; (ii) An agent of the owner operator, lessor, or sublessor of a self-service storage facility; or (iii) Any other person authorized to manage a self-service storage facility. (B) "Operator" does not include a warehouseman, unless the operator issues a warehouse receipt, bill of lading, or other document of title for storing personal property; (9) (A) "Personal property" means movable property not affixed to land. (B) "Personal property" includes without limitation goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings; (10) "Rental agreement" means a written agreement that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a self-service storage facility; and (11) "Self-service storage facility" means real property used for renting or leasing leased space in which an occupant stores and removes personal property on a self-service basis. Amended by Act 2013, No. 364,§ 1, eff. 8/16/2013. Acts 1987, No. 576, § 1.

As used in this subchapter:

(1) "Default" means the failure to timely perform an obligation of a rental agreement;

(2) "Electronic mail" means an electronic message, a file, data, or other information that is transmitted: (A) Between two (2) or more computers, computer networks, or electronic terminals; or (B) Within or between computer networks;

(A) Between two (2) or more computers, computer networks, or electronic terminals; or

(B) Within or between computer networks;

(3) "Electronic mail address" means a destination commonly expressed as a string of characters to which electronic mail may be sent or delivered;

(4) "Last known address" means the address or electronic mail address provided by the occupant in: (A) The rental agreement; or (B) A subsequent written notice of a change of address;

(A) The rental agreement; or

(B) A subsequent written notice of a change of address;

(5) "Leased space" means individual storage space at a self-service storage facility that is rented to an occupant under a rental agreement;

(6) "Net proceeds" means the proceeds from the sale authorized upon a default under this subchapter after deduction for: (A) Expenses incurred by the operator to exercise its rights under this subchapter, including without limitation attorney's fees, auctioneers' fees, postage, and publication costs; (B) The debt owed by the occupant to the operator for leased space; and (C) Charges related to preserving, assembling, advertising, and selling personal property under this subchapter;

(A) Expenses incurred by the operator to exercise its rights under this subchapter, including without limitation attorney's fees, auctioneers' fees, postage, and publication costs;

(B) The debt owed by the occupant to the operator for leased space; and

(C) Charges related to preserving, assembling, advertising, and selling personal property under this subchapter;

(7) "Occupant" means a person or entity entitled to the use of leased space at a self-service storage facility under a rental agreement;

(8) (A) "Operator" means: (i) The owner, operator, lessor, or sublessor of a self-service storage facility; (ii) An agent of the owner operator, lessor, or sublessor of a self-service storage facility; or (iii) Any other person authorized to manage a self-service storage facility. (B) "Operator" does not include a warehouseman, unless the operator issues a warehouse receipt, bill of lading, or other document of title for storing personal property;

(A) "Operator" means: (i) The owner, operator, lessor, or sublessor of a self-service storage facility; (ii) An agent of the owner operator, lessor, or sublessor of a self-service storage facility; or (iii) Any other person authorized to manage a self-service storage facility.

(i) The owner, operator, lessor, or sublessor of a self-service storage facility;

(ii) An agent of the owner operator, lessor, or sublessor of a self-service storage facility; or

(iii) Any other person authorized to manage a self-service storage facility.

(B) "Operator" does not include a warehouseman, unless the operator issues a warehouse receipt, bill of lading, or other document of title for storing personal property;

(9) (A) "Personal property" means movable property not affixed to land. (B) "Personal property" includes without limitation goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings;

(A) "Personal property" means movable property not affixed to land.

(B) "Personal property" includes without limitation goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings;

(10) "Rental agreement" means a written agreement that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a self-service storage facility; and

(11) "Self-service storage facility" means real property used for renting or leasing leased space in which an occupant stores and removes personal property on a self-service basis.

Amended by Act 2013, No. 364,§ 1, eff. 8/16/2013.

Acts 1987, No. 576, § 1.
Ark. Code Ann. § 18-15-509 — AR Code / Title 18 / Chapter 15 / Subchapter 5 / Section 18-15-509
Destruction or injury to company property
Status: in_force

A person who destroys or injures the wire, cable, pole, dam, reservoir, canal, power house, machinery, or appliances therein of the electric utility is guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) and imprisoned in the county jail for a period of not less than ten (10) days nor more than six (6) months. Amended by Act 2013, No. 1130,§ 8, eff. 8/16/2013. Acts 1907, No. 120, § 4, p. 303; C. & M. Dig., § 4046; Pope's Dig., § 5048; A.S.A. 1947, §§ 35-304; Acts 2001, No. 1291, § 8.

A person who destroys or injures the wire, cable, pole, dam, reservoir, canal, power house, machinery, or appliances therein of the electric utility is guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) and imprisoned in the county jail for a period of not less than ten (10) days nor more than six (6) months.

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

Acts 1907, No. 120, § 4, p. 303; C. & M. Dig., § 4046; Pope's Dig., § 5048; A.S.A. 1947, §§ 35-304; Acts 2001, No. 1291, § 8.
Ark. Code Ann. § 18-15-104 — AR Code / Title 18 / Chapter 15 / Subchapter 1 / Section 18-15-104
Definitions
Status: in_force

As used in this chapter: (1) "Abandoned property" means property that: (A) Has not been occupied or used for a commercial or residential purpose for at least one (1) year by a person with a legal or equitable right to occupy or use the property; (B) Has been cited for a violation of a housing, building, or fire code that has not been remedied within one hundred eighty (180) days from the date the citation was issued; and (C) Has accrued at least two (2) years of delinquent property taxes; (2) "Blighted property" means a building, in its current condition, that has been designated and cited as unfit for human use or habitation by the agency responsible for enforcement of housing, building, or fire codes because the: (A) Building is dilapidated, unsanitary, or unsafe; (B) Building is a fire hazard; or (C) Electricity, heating, or plumbing has been destroyed or removed; (3) (A) "Public use" means the taking of private property by an entity authorized under this chapter using the power of eminent domain for the purpose of: (i) Possessing, developing, occupying, and owning property for the enjoyment of the general public or public agency; (ii) Possessing, occupying, and owning property for the necessary operations of a utility or common carrier that the general public has a right to use; (iii) Remediating and reselling blighted property; or (iv) Possessing and reselling abandoned property. (B) (i) "Public use" does not include the taking of private property for the economic benefit of the general public, including without limitation for the purpose of an increase in the tax base, tax revenues, or employment. (ii) However, a taking of private property for a public use as defined in subdivision (3)(A) of this section is not prohibited because the public use also provides ancillary economic benefits; and (4) (A) "State agency" means an office, board, commission, department, council, bureau, or other agency of state government. (B) "State agency" does not include the: (i) Arkansas Department of Transportation; or (ii) State Highway Commission. Amended by Act 2021, No. 1044,§ 1, eff. 7/28/2021. Added by Act 2021, No. 945,§ 2, eff. 7/28/2021.

As used in this chapter:

(1) "Abandoned property" means property that: (A) Has not been occupied or used for a commercial or residential purpose for at least one (1) year by a person with a legal or equitable right to occupy or use the property; (B) Has been cited for a violation of a housing, building, or fire code that has not been remedied within one hundred eighty (180) days from the date the citation was issued; and (C) Has accrued at least two (2) years of delinquent property taxes;

(A) Has not been occupied or used for a commercial or residential purpose for at least one (1) year by a person with a legal or equitable right to occupy or use the property;

(B) Has been cited for a violation of a housing, building, or fire code that has not been remedied within one hundred eighty (180) days from the date the citation was issued; and

(C) Has accrued at least two (2) years of delinquent property taxes;

(2) "Blighted property" means a building, in its current condition, that has been designated and cited as unfit for human use or habitation by the agency responsible for enforcement of housing, building, or fire codes because the: (A) Building is dilapidated, unsanitary, or unsafe; (B) Building is a fire hazard; or (C) Electricity, heating, or plumbing has been destroyed or removed;

(A) Building is dilapidated, unsanitary, or unsafe;

(B) Building is a fire hazard; or

(C) Electricity, heating, or plumbing has been destroyed or removed;

(3) (A) "Public use" means the taking of private property by an entity authorized under this chapter using the power of eminent domain for the purpose of: (i) Possessing, developing, occupying, and owning property for the enjoyment of the general public or public agency; (ii) Possessing, occupying, and owning property for the necessary operations of a utility or common carrier that the general public has a right to use; (iii) Remediating and reselling blighted property; or (iv) Possessing and reselling abandoned property. (B) (i) "Public use" does not include the taking of private property for the economic benefit of the general public, including without limitation for the purpose of an increase in the tax base, tax revenues, or employment. (ii) However, a taking of private property for a public use as defined in subdivision (3)(A) of this section is not prohibited because the public use also provides ancillary economic benefits; and

(A) "Public use" means the taking of private property by an entity authorized under this chapter using the power of eminent domain for the purpose of: (i) Possessing, developing, occupying, and owning property for the enjoyment of the general public or public agency; (ii) Possessing, occupying, and owning property for the necessary operations of a utility or common carrier that the general public has a right to use; (iii) Remediating and reselling blighted property; or (iv) Possessing and reselling abandoned property.

(i) Possessing, developing, occupying, and owning property for the enjoyment of the general public or public agency;

(ii) Possessing, occupying, and owning property for the necessary operations of a utility or common carrier that the general public has a right to use;

(iii) Remediating and reselling blighted property; or

(iv) Possessing and reselling abandoned property.

(B) (i) "Public use" does not include the taking of private property for the economic benefit of the general public, including without limitation for the purpose of an increase in the tax base, tax revenues, or employment. (ii) However, a taking of private property for a public use as defined in subdivision (3)(A) of this section is not prohibited because the public use also provides ancillary economic benefits; and

(i) "Public use" does not include the taking of private property for the economic benefit of the general public, including without limitation for the purpose of an increase in the tax base, tax revenues, or employment.

(ii) However, a taking of private property for a public use as defined in subdivision (3)(A) of this section is not prohibited because the public use also provides ancillary economic benefits; and

(4) (A) "State agency" means an office, board, commission, department, council, bureau, or other agency of state government. (B) "State agency" does not include the: (i) Arkansas Department of Transportation; or (ii) State Highway Commission.

(A) "State agency" means an office, board, commission, department, council, bureau, or other agency of state government.

(B) "State agency" does not include the: (i) Arkansas Department of Transportation; or (ii) State Highway Commission.

(i) Arkansas Department of Transportation; or

(ii) State Highway Commission.

Amended by Act 2021, No. 1044,§ 1, eff. 7/28/2021.

Added by Act 2021, No. 945,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 18-15-403 — AR Code / Title 18 / Chapter 15 / Subchapter 4 / Section 18-15-403
Preliminary proceedings for condemnation
Status: in_force

(a) (1) When the operating authority determines to condemn property, it shall file an application in the circuit court of the county where any portion of the property to be condemned is situated, and proceedings had in the court shall apply to all property described in the application. (2) The applicant shall describe the property to be taken and shall name as defendants all persons shown by public records as having any interest therein. (3) Both residents and nonresidents of the state shall be summoned as in other civil proceedings. (4) (A) However, if a verified affidavit is filed in behalf of the applicant stating that all or a number of the persons who might be claiming an interest in the property are unknown to the applicant, then unknown owners may be named as defendants. (B) If the affidavit is filed or if a verified affidavit is filed in behalf of the applicant stating that the address of any known defendant cannot be determined after diligent inquiry by the applicant, then any defendant described in either affidavit shall be summoned by publication of notice as in the case of nonresident defendants in other civil actions, except that an attorney ad litem shall not be appointed for any defendant whose name or whose address is unknown. (b) Answers may be filed, but none shall be required of any defendant. (c) (1) The matter may proceed to trial after the lapse of twenty (20) days from the date of personal service of summons on residents and after the lapse of thirty (30) days from the date of first publication of notice on defendants constructively summoned. (2) The suits shall receive precedence over other matters and shall be advanced for trial at the request of the applicant. (3) The trial date shall be fixed by the court, and when fixed, the applicant shall give notice of the trial date by registered or certified mail to any defendant who was personally summoned. No notice of trial is required for any defendant whose address is unknown. Acts 1957, No. 269, § 4; A.S.A. 1947, § 35-910.

(a) (1) When the operating authority determines to condemn property, it shall file an application in the circuit court of the county where any portion of the property to be condemned is situated, and proceedings had in the court shall apply to all property described in the application. (2) The applicant shall describe the property to be taken and shall name as defendants all persons shown by public records as having any interest therein. (3) Both residents and nonresidents of the state shall be summoned as in other civil proceedings. (4) (A) However, if a verified affidavit is filed in behalf of the applicant stating that all or a number of the persons who might be claiming an interest in the property are unknown to the applicant, then unknown owners may be named as defendants. (B) If the affidavit is filed or if a verified affidavit is filed in behalf of the applicant stating that the address of any known defendant cannot be determined after diligent inquiry by the applicant, then any defendant described in either affidavit shall be summoned by publication of notice as in the case of nonresident defendants in other civil actions, except that an attorney ad litem shall not be appointed for any defendant whose name or whose address is unknown.

(1) When the operating authority determines to condemn property, it shall file an application in the circuit court of the county where any portion of the property to be condemned is situated, and proceedings had in the court shall apply to all property described in the application.

(2) The applicant shall describe the property to be taken and shall name as defendants all persons shown by public records as having any interest therein.

(3) Both residents and nonresidents of the state shall be summoned as in other civil proceedings.

(4) (A) However, if a verified affidavit is filed in behalf of the applicant stating that all or a number of the persons who might be claiming an interest in the property are unknown to the applicant, then unknown owners may be named as defendants. (B) If the affidavit is filed or if a verified affidavit is filed in behalf of the applicant stating that the address of any known defendant cannot be determined after diligent inquiry by the applicant, then any defendant described in either affidavit shall be summoned by publication of notice as in the case of nonresident defendants in other civil actions, except that an attorney ad litem shall not be appointed for any defendant whose name or whose address is unknown.

(A) However, if a verified affidavit is filed in behalf of the applicant stating that all or a number of the persons who might be claiming an interest in the property are unknown to the applicant, then unknown owners may be named as defendants.

(B) If the affidavit is filed or if a verified affidavit is filed in behalf of the applicant stating that the address of any known defendant cannot be determined after diligent inquiry by the applicant, then any defendant described in either affidavit shall be summoned by publication of notice as in the case of nonresident defendants in other civil actions, except that an attorney ad litem shall not be appointed for any defendant whose name or whose address is unknown.

(b) Answers may be filed, but none shall be required of any defendant.

(c) (1) The matter may proceed to trial after the lapse of twenty (20) days from the date of personal service of summons on residents and after the lapse of thirty (30) days from the date of first publication of notice on defendants constructively summoned. (2) The suits shall receive precedence over other matters and shall be advanced for trial at the request of the applicant. (3) The trial date shall be fixed by the court, and when fixed, the applicant shall give notice of the trial date by registered or certified mail to any defendant who was personally summoned. No notice of trial is required for any defendant whose address is unknown.

(1) The matter may proceed to trial after the lapse of twenty (20) days from the date of personal service of summons on residents and after the lapse of thirty (30) days from the date of first publication of notice on defendants constructively summoned.

(2) The suits shall receive precedence over other matters and shall be advanced for trial at the request of the applicant.

(3) The trial date shall be fixed by the court, and when fixed, the applicant shall give notice of the trial date by registered or certified mail to any defendant who was personally summoned. No notice of trial is required for any defendant whose address is unknown.

Acts 1957, No. 269, § 4; A.S.A. 1947, § 35-910.
Ark. Code Ann. § 18-12-607 — AR Code / Title 18 / Chapter 12 / Subchapter 6 / Section 18-12-607
Sales of real estate by defunct corporations ratified
Status: in_force

(a) All sales of real estate which was the property of any corporation organized under the laws of the State of Arkansas, when the corporation has expired or ceased to exist, either by limitations, judgment of court, forfeiture of its charter, legislative act, or by surrender of charter, are ratified and declared to be binding and to pass to the purchaser at the sales all the right, title, and interest the corporation has in the real estate at the time of its dissolution and to pass to the purchaser all the right, title, and interest in the State of Arkansas, as trustee, as now provided by law. (b) (1) The deed of conveyance shall have been executed by the proper officers of the corporation at the time of its dissolution or, in the event of their death, absence from the state, or inability to act, the resident stockholders of the corporation shall have a right to select a president and secretary for the purpose of executing and delivering the deed of conveyance. (2) When so executed, the deed shall have the same force and effect as if executed by the proper officers of the corporation prior to the dissolution thereof. Acts 1927, No. 224, § 1; Pope's Dig., § 1865; A.S.A. 1947, § 50-426.

(a) All sales of real estate which was the property of any corporation organized under the laws of the State of Arkansas, when the corporation has expired or ceased to exist, either by limitations, judgment of court, forfeiture of its charter, legislative act, or by surrender of charter, are ratified and declared to be binding and to pass to the purchaser at the sales all the right, title, and interest the corporation has in the real estate at the time of its dissolution and to pass to the purchaser all the right, title, and interest in the State of Arkansas, as trustee, as now provided by law.

(b) (1) The deed of conveyance shall have been executed by the proper officers of the corporation at the time of its dissolution or, in the event of their death, absence from the state, or inability to act, the resident stockholders of the corporation shall have a right to select a president and secretary for the purpose of executing and delivering the deed of conveyance. (2) When so executed, the deed shall have the same force and effect as if executed by the proper officers of the corporation prior to the dissolution thereof.

(1) The deed of conveyance shall have been executed by the proper officers of the corporation at the time of its dissolution or, in the event of their death, absence from the state, or inability to act, the resident stockholders of the corporation shall have a right to select a president and secretary for the purpose of executing and delivering the deed of conveyance.

(2) When so executed, the deed shall have the same force and effect as if executed by the proper officers of the corporation prior to the dissolution thereof.

Acts 1927, No. 224, § 1; Pope's Dig., § 1865; A.S.A. 1947, § 50-426.
Ark. Code Ann. § 18-2-105 — AR Code / Title 18 / Chapter 2 / Section 18-2-105
Table and example
Status: in_force

(a) TABLE: Age Average Remaining Lifetime Immediate Whole Life Annuity at Various Rates of Interest Years Years 4% Dollars 6% Dollars 8% Dollars 10% Dollars 12% Dollars 1 74.97 23.6260 16.4428 12.4579 9.9913 8.3314 2 75.37 23.6474 16.4480 12.4592 9.9917 8.3315 3 74.47 23.5988 16.4362 12.4562 9.9909 8.3313 4 73.54 23.5467 16.4234 12.4530 9.9901 8.3311 5 72.59 23.4916 16.4095 12.4494 9.9891 8.3308 6 71.63 23.4337 16.3947 12.4455 9.9881 8.3306 7 70.67 23.3736 16.3791 12.4413 9.9869 8.3302 8 69.70 23.3105 16.3623 12.4368 9.9857 8.3299 9 68.73 23.2450 16.3446 12.4319 9.9843 8.3295 10 67.75 23.1763 16.3257 12.4266 9.9827 8.3290 11 66.77 23.1048 16.3057 12.4208 9.9811 8.3285 12 65.80 23.0313 16.2847 12.4147 9.9792 8.3279 13 64.82 22.9542 16.2623 12.4080 9.9772 8.3273 14 63.84 22.8740 16.2385 12.4008 9.9749 8.3266 15 62.87 22.7916 16.2136 12.3931 9.9725 8.3258 16 61.90 22.7059 16.1872 12.3848 9.9699 8.3249 17 60.94 22.6179 16.1597 12.3760 9.9670 8.3240 18 59.97 22.5255 16.1302 12.3664 9.9638 8.3229 19 59.02 22.4316 16.0996 12.3562 9.9603 8.3217 20 58.06 22.3330 16.0670 12.3452 9.9565 8.3204 21 57.10 22.2307 16.0325 12.3333 9.9524 8.3189 22 56.15 22.1256 15.9964 12.3207 9.9479 8.3172 23 55.19 22.0153 15.9579 12.3069 9.9429 8.3154 24 54.24 21.9020 15.9175 12.2923 9.9374 8.3134 25 53.29 21.7844 15.8749 12.2765 9.9315 8.3111 26 52.33 21.6610 15.8293 12.2594 9.9250 8.3085 27 51.38 21.5342 15.7817 12.2412 9.9178 8.3057 28 50.42 21.4012 15.7308 12.2213 9.9100 8.3025 29 49.47 21.2646 15.6775 12.2002 9.9014 8.2990 30 48.52 21.1228 15.6212 12.1774 9.8921 8.2951 31 47.57 20.9756 15.5617 12.1530 9.8819 8.2908 32 46.62 20.8229 15.4988 12.1266 9.8707 8.2860 33 45.68 20.6660 15.4330 12.0986 9.8586 8.2806 34 44.73 20.5015 15.3628 12.0682 9.8452 8.2747 35 43.79 20.3325 15.2894 12.0358 9.8306 8.2681 36 42.86 20.1591 15.2127 12.0014 9.8149 8.2608 37 41.92 19.9773 15.1309 11.9639 9.7976 8.2526 38 40.99 19.7907 15.0454 11.9242 9.7788 8.2437 39 40.07 19.5993 14.9561 11.8819 9.7586 8.2338 40 39.14 19.3987 14.8608 11.8361 9.7362 8.2228 41 38.23 19.1952 14.7625 11.7879 9.7123 8.2107 42 37.31 18.9819 14.6576 11.7356 9.6859 8.1973 43 36.41 18.7657 14.5494 11.6808 9.6578 8.1827 44 35.50 18.5391 14.4341 11.6214 9.6268 8.1663 45 34.60 18.3070 14.3139 11.5584 9.5934 8.1484 46 33.71 18.0693 14.1887 11.4916 9.5574 8.1287 47 32.83 17.8259 14.0583 11.4210 9.5186 8.1073 48 31.95 17.5739 13.9211 11.3454 9.4765 8.0836 49 31.08 17.3162 13.7783 11.2654 9.4313 8.0577 50 30.21 17.0495 13.6281 11.1799 9.3821 8.0291 51 29.35 16.7767 13.4720 11.0896 9.3293 7.9980 52 28.49 16.4946 13.3078 10.9931 9.2720 7.9637 53 27.65 16.2097 13.1393 10.8924 9.2113 7.9267 54 26.80 15.9118 12.9602 10.7838 9.1448 7.8856 55 25.97 15.6110 12.7766 10.6706 9.0744 7.8415 56 25.14 15.3004 12.5838 10.5499 8.9982 7.7930 57 24.31 14.9794 12.3815 10.4212 8.9157 7.7397 58 23.49 14.6519 12.1718 10.2858 8.8276 7.6818 59 22.68 14.3179 11.9545 10.1434 8.7335 7.6192 60 21.88 13.9774 11.7297 9.9938 8.6332 7.5514 61 21.09 13.6305 11.4971 9.8367 8.5263 7.4782 62 20.30 13.2727 11.2536 9.6697 8.4110 7.3981 63 19.53 12.9132 11.0052 9.4969 8.2900 7.3128 64 18.76 12.5426 10.7454 9.3136 8.1598 7.2198 65 18.00 12.1657 10.4773 9.1216 8.0216 7.1196 66 17.25 11.7825 10.2008 8.9209 7.8750 7.0120 67 16.51 11.3933 9.9159 8.7111 7.7197 6.8964 68 15.78 10.9981 9.6225 8.4922 7.5554 6.7724 69 15.06 10.5971 9.3207 8.2638 7.3817 6.6397 70 14.35 10.1903 9.0104 8.0259 7.1984 6.4978 71 13.67 9.7901 8.7010 7.7856 7.0108 6.3508 72 13.01 9.3912 8.3887 7.5399 6.8167 6.1968 73 12.38 9.0007 8.0791 7.2935 6.6197 6.0387 74 11.77 8.6133 7.7684 7.0432 6.4174 5.8744 75 11.18 8.2297 7.4572 6.7897 6.2101 5.7044 76 10.61 7.8506 7.1462 6.5337 5.9986 5.5290 77 10.04 7.4629 6.8247 6.2661 5.7752 5.3418 78 9.48 7.0734 6.4982 5.9916 5.5435 5.1458 79 8.93 6.6825 6.1671 5.7102 5.3037 4.9408 80 8.40 6.2978 5.8377 5.4275 5.0604 4.7308 81 7.90 5.9274 5.5176 5.1500 4.8193 4.5208 82 7.42 5.5649 5.2014 4.8734 4.5768 4.3077 83 6.98 5.2266 4.9036 4.6107 4.3445 4.1018 84 6.57 4.9061 4.6192 4.3578 4.1191 3.9006 85 6.17 4.5884 4.3351 4.1033 3.8906 3.6950 86 5.80 4.2900 4.0664 3.8608 3.6713 3.4964 87 5.43 3.9873 3.7918 3.6112 3.4441 3.2892 88 5.09 3.7052 3.5342 3.3755 3.2282 3.0911 89 4.77 3.4362 3.2870 3.1480 3.0185 2.8975 90 4.47 3.1810 3.0510 2.9296 2.8160 2.7095 91 4.18 2.9314 2.8190 2.7136 2.6146 2.5216 92 3.92 2.7052 2.6076 2.5158 2.4293 2.3478 93 3.69 2.5032 2.4179 2.3375 2.2616 2.1897 94 3.50 2.3350 2.2593 2.1878 2.1201 2.0560 95 3.33 2.1833 2.1159 2.0520 1.9914 1.9339 96 3.18 2.0487 1.9882 1.9307 1.8761 1.8242 97 3.06 1.9404 1.8852 1.8326 1.7827 1.7351 98 2.95 1.8407 1.7901 1.7419 1.6961 1.6523 99 2.85 1.7497 1.7032 1.6588 1.6165 1.5752 100 2.77 1.6766 1.6333 1.5919 1.5524 1.5146 (b) Example: Joe Doe is entitled to receive the income from a principal sum of ten thousand dollars ($10,000) during the life of one Martha Jones, fifty-five (55) years of age. There is a emainder estate in favor of Timothy Doe. In an appropriate proceeding a court in Arkansas has determined that the life tenant is to be paid a lump sum in commutation of his right to income for the life of Martha Jones; the court has further determined that four percent (4%) is the rate of interest obtainable on an investment of a sum of the size of the principal sum. In the table, follow the left-hand column, which is labeled "age", down vertically until fifty-five (55) is reached; then move horizontally until the column headed "4%" is intersected. At the intersection is found the figure: 15.6110. This figure is to be multiplied by the yearly income, which is found by multiplying the principal sum by the appropriate rate of interest. In this case that would be ten thousand dollars ($10,000) multiplied by .04 equalling four hundred dollars ($400). Then 15.6110 multiplied by four hundred dollars ($400) equals six thousand two hundred forty-four dollars and forty cents ($6,244.40). This is the sum which the court would direct to be paid to Joe Doe in commutation of his income right. Timothy Doe would be paid three thousand seven hundred fifty-five dollars and sixty cents ($3,755.60). See § 18-2-106 : principal sum ten thousand dollars ($10,000) minus commuted life interest six thousand two hundred forty-four dollars and forty cents ($6,244.40) equals commuted remainder three thousand seven hundred fifty-five dollars and sixty cents ($3,755.60). Acts 1981, No. 350, § 5; A.S.A. 1947, § 50-705.

(a) TABLE: Age Average Remaining Lifetime Immediate Whole Life Annuity at Various Rates of Interest Years Years 4% Dollars 6% Dollars 8% Dollars 10% Dollars 12% Dollars 1 74.97 23.6260 16.4428 12.4579 9.9913 8.3314 2 75.37 23.6474 16.4480 12.4592 9.9917 8.3315 3 74.47 23.5988 16.4362 12.4562 9.9909 8.3313 4 73.54 23.5467 16.4234 12.4530 9.9901 8.3311 5 72.59 23.4916 16.4095 12.4494 9.9891 8.3308 6 71.63 23.4337 16.3947 12.4455 9.9881 8.3306 7 70.67 23.3736 16.3791 12.4413 9.9869 8.3302 8 69.70 23.3105 16.3623 12.4368 9.9857 8.3299 9 68.73 23.2450 16.3446 12.4319 9.9843 8.3295 10 67.75 23.1763 16.3257 12.4266 9.9827 8.3290 11 66.77 23.1048 16.3057 12.4208 9.9811 8.3285 12 65.80 23.0313 16.2847 12.4147 9.9792 8.3279 13 64.82 22.9542 16.2623 12.4080 9.9772 8.3273 14 63.84 22.8740 16.2385 12.4008 9.9749 8.3266 15 62.87 22.7916 16.2136 12.3931 9.9725 8.3258 16 61.90 22.7059 16.1872 12.3848 9.9699 8.3249 17 60.94 22.6179 16.1597 12.3760 9.9670 8.3240 18 59.97 22.5255 16.1302 12.3664 9.9638 8.3229 19 59.02 22.4316 16.0996 12.3562 9.9603 8.3217 20 58.06 22.3330 16.0670 12.3452 9.9565 8.3204 21 57.10 22.2307 16.0325 12.3333 9.9524 8.3189 22 56.15 22.1256 15.9964 12.3207 9.9479 8.3172 23 55.19 22.0153 15.9579 12.3069 9.9429 8.3154 24 54.24 21.9020 15.9175 12.2923 9.9374 8.3134 25 53.29 21.7844 15.8749 12.2765 9.9315 8.3111 26 52.33 21.6610 15.8293 12.2594 9.9250 8.3085 27 51.38 21.5342 15.7817 12.2412 9.9178 8.3057 28 50.42 21.4012 15.7308 12.2213 9.9100 8.3025 29 49.47 21.2646 15.6775 12.2002 9.9014 8.2990 30 48.52 21.1228 15.6212 12.1774 9.8921 8.2951 31 47.57 20.9756 15.5617 12.1530 9.8819 8.2908 32 46.62 20.8229 15.4988 12.1266 9.8707 8.2860 33 45.68 20.6660 15.4330 12.0986 9.8586 8.2806 34 44.73 20.5015 15.3628 12.0682 9.8452 8.2747 35 43.79 20.3325 15.2894 12.0358 9.8306 8.2681 36 42.86 20.1591 15.2127 12.0014 9.8149 8.2608 37 41.92 19.9773 15.1309 11.9639 9.7976 8.2526 38 40.99 19.7907 15.0454 11.9242 9.7788 8.2437 39 40.07 19.5993 14.9561 11.8819 9.7586 8.2338 40 39.14 19.3987 14.8608 11.8361 9.7362 8.2228 41 38.23 19.1952 14.7625 11.7879 9.7123 8.2107 42 37.31 18.9819 14.6576 11.7356 9.6859 8.1973 43 36.41 18.7657 14.5494 11.6808 9.6578 8.1827 44 35.50 18.5391 14.4341 11.6214 9.6268 8.1663 45 34.60 18.3070 14.3139 11.5584 9.5934 8.1484 46 33.71 18.0693 14.1887 11.4916 9.5574 8.1287 47 32.83 17.8259 14.0583 11.4210 9.5186 8.1073 48 31.95 17.5739 13.9211 11.3454 9.4765 8.0836 49 31.08 17.3162 13.7783 11.2654 9.4313 8.0577 50 30.21 17.0495 13.6281 11.1799 9.3821 8.0291 51 29.35 16.7767 13.4720 11.0896 9.3293 7.9980 52 28.49 16.4946 13.3078 10.9931 9.2720 7.9637 53 27.65 16.2097 13.1393 10.8924 9.2113 7.9267 54 26.80 15.9118 12.9602 10.7838 9.1448 7.8856 55 25.97 15.6110 12.7766 10.6706 9.0744 7.8415 56 25.14 15.3004 12.5838 10.5499 8.9982 7.7930 57 24.31 14.9794 12.3815 10.4212 8.9157 7.7397 58 23.49 14.6519 12.1718 10.2858 8.8276 7.6818 59 22.68 14.3179 11.9545 10.1434 8.7335 7.6192 60 21.88 13.9774 11.7297 9.9938 8.6332 7.5514 61 21.09 13.6305 11.4971 9.8367 8.5263 7.4782 62 20.30 13.2727 11.2536 9.6697 8.4110 7.3981 63 19.53 12.9132 11.0052 9.4969 8.2900 7.3128 64 18.76 12.5426 10.7454 9.3136 8.1598 7.2198 65 18.00 12.1657 10.4773 9.1216 8.0216 7.1196 66 17.25 11.7825 10.2008 8.9209 7.8750 7.0120 67 16.51 11.3933 9.9159 8.7111 7.7197 6.8964 68 15.78 10.9981 9.6225 8.4922 7.5554 6.7724 69 15.06 10.5971 9.3207 8.2638 7.3817 6.6397 70 14.35 10.1903 9.0104 8.0259 7.1984 6.4978 71 13.67 9.7901 8.7010 7.7856 7.0108 6.3508 72 13.01 9.3912 8.3887 7.5399 6.8167 6.1968 73 12.38 9.0007 8.0791 7.2935 6.6197 6.0387 74 11.77 8.6133 7.7684 7.0432 6.4174 5.8744 75 11.18 8.2297 7.4572 6.7897 6.2101 5.7044 76 10.61 7.8506 7.1462 6.5337 5.9986 5.5290 77 10.04 7.4629 6.8247 6.2661 5.7752 5.3418 78 9.48 7.0734 6.4982 5.9916 5.5435 5.1458 79 8.93 6.6825 6.1671 5.7102 5.3037 4.9408 80 8.40 6.2978 5.8377 5.4275 5.0604 4.7308 81 7.90 5.9274 5.5176 5.1500 4.8193 4.5208 82 7.42 5.5649 5.2014 4.8734 4.5768 4.3077 83 6.98 5.2266 4.9036 4.6107 4.3445 4.1018 84 6.57 4.9061 4.6192 4.3578 4.1191 3.9006 85 6.17 4.5884 4.3351 4.1033 3.8906 3.6950 86 5.80 4.2900 4.0664 3.8608 3.6713 3.4964 87 5.43 3.9873 3.7918 3.6112 3.4441 3.2892 88 5.09 3.7052 3.5342 3.3755 3.2282 3.0911 89 4.77 3.4362 3.2870 3.1480 3.0185 2.8975 90 4.47 3.1810 3.0510 2.9296 2.8160 2.7095 91 4.18 2.9314 2.8190 2.7136 2.6146 2.5216 92 3.92 2.7052 2.6076 2.5158 2.4293 2.3478 93 3.69 2.5032 2.4179 2.3375 2.2616 2.1897 94 3.50 2.3350 2.2593 2.1878 2.1201 2.0560 95 3.33 2.1833 2.1159 2.0520 1.9914 1.9339 96 3.18 2.0487 1.9882 1.9307 1.8761 1.8242 97 3.06 1.9404 1.8852 1.8326 1.7827 1.7351 98 2.95 1.8407 1.7901 1.7419 1.6961 1.6523 99 2.85 1.7497 1.7032 1.6588 1.6165 1.5752 100 2.77 1.6766 1.6333 1.5919 1.5524 1.5146

Age Average Remaining Lifetime Immediate Whole Life Annuity at Various Rates of Interest Years Years 4% Dollars 6% Dollars 8% Dollars 10% Dollars 12% Dollars 1 74.97 23.6260 16.4428 12.4579 9.9913 8.3314 2 75.37 23.6474 16.4480 12.4592 9.9917 8.3315 3 74.47 23.5988 16.4362 12.4562 9.9909 8.3313 4 73.54 23.5467 16.4234 12.4530 9.9901 8.3311 5 72.59 23.4916 16.4095 12.4494 9.9891 8.3308 6 71.63 23.4337 16.3947 12.4455 9.9881 8.3306 7 70.67 23.3736 16.3791 12.4413 9.9869 8.3302 8 69.70 23.3105 16.3623 12.4368 9.9857 8.3299 9 68.73 23.2450 16.3446 12.4319 9.9843 8.3295 10 67.75 23.1763 16.3257 12.4266 9.9827 8.3290 11 66.77 23.1048 16.3057 12.4208 9.9811 8.3285 12 65.80 23.0313 16.2847 12.4147 9.9792 8.3279 13 64.82 22.9542 16.2623 12.4080 9.9772 8.3273 14 63.84 22.8740 16.2385 12.4008 9.9749 8.3266 15 62.87 22.7916 16.2136 12.3931 9.9725 8.3258 16 61.90 22.7059 16.1872 12.3848 9.9699 8.3249 17 60.94 22.6179 16.1597 12.3760 9.9670 8.3240 18 59.97 22.5255 16.1302 12.3664 9.9638 8.3229 19 59.02 22.4316 16.0996 12.3562 9.9603 8.3217 20 58.06 22.3330 16.0670 12.3452 9.9565 8.3204 21 57.10 22.2307 16.0325 12.3333 9.9524 8.3189 22 56.15 22.1256 15.9964 12.3207 9.9479 8.3172 23 55.19 22.0153 15.9579 12.3069 9.9429 8.3154 24 54.24 21.9020 15.9175 12.2923 9.9374 8.3134 25 53.29 21.7844 15.8749 12.2765 9.9315 8.3111 26 52.33 21.6610 15.8293 12.2594 9.9250 8.3085 27 51.38 21.5342 15.7817 12.2412 9.9178 8.3057 28 50.42 21.4012 15.7308 12.2213 9.9100 8.3025 29 49.47 21.2646 15.6775 12.2002 9.9014 8.2990 30 48.52 21.1228 15.6212 12.1774 9.8921 8.2951 31 47.57 20.9756 15.5617 12.1530 9.8819 8.2908 32 46.62 20.8229 15.4988 12.1266 9.8707 8.2860 33 45.68 20.6660 15.4330 12.0986 9.8586 8.2806 34 44.73 20.5015 15.3628 12.0682 9.8452 8.2747 35 43.79 20.3325 15.2894 12.0358 9.8306 8.2681 36 42.86 20.1591 15.2127 12.0014 9.8149 8.2608 37 41.92 19.9773 15.1309 11.9639 9.7976 8.2526 38 40.99 19.7907 15.0454 11.9242 9.7788 8.2437 39 40.07 19.5993 14.9561 11.8819 9.7586 8.2338 40 39.14 19.3987 14.8608 11.8361 9.7362 8.2228 41 38.23 19.1952 14.7625 11.7879 9.7123 8.2107 42 37.31 18.9819 14.6576 11.7356 9.6859 8.1973 43 36.41 18.7657 14.5494 11.6808 9.6578 8.1827 44 35.50 18.5391 14.4341 11.6214 9.6268 8.1663 45 34.60 18.3070 14.3139 11.5584 9.5934 8.1484 46 33.71 18.0693 14.1887 11.4916 9.5574 8.1287 47 32.83 17.8259 14.0583 11.4210 9.5186 8.1073 48 31.95 17.5739 13.9211 11.3454 9.4765 8.0836 49 31.08 17.3162 13.7783 11.2654 9.4313 8.0577 50 30.21 17.0495 13.6281 11.1799 9.3821 8.0291 51 29.35 16.7767 13.4720 11.0896 9.3293 7.9980 52 28.49 16.4946 13.3078 10.9931 9.2720 7.9637 53 27.65 16.2097 13.1393 10.8924 9.2113 7.9267 54 26.80 15.9118 12.9602 10.7838 9.1448 7.8856 55 25.97 15.6110 12.7766 10.6706 9.0744 7.8415 56 25.14 15.3004 12.5838 10.5499 8.9982 7.7930 57 24.31 14.9794 12.3815 10.4212 8.9157 7.7397 58 23.49 14.6519 12.1718 10.2858 8.8276 7.6818 59 22.68 14.3179 11.9545 10.1434 8.7335 7.6192 60 21.88 13.9774 11.7297 9.9938 8.6332 7.5514 61 21.09 13.6305 11.4971 9.8367 8.5263 7.4782 62 20.30 13.2727 11.2536 9.6697 8.4110 7.3981 63 19.53 12.9132 11.0052 9.4969 8.2900 7.3128 64 18.76 12.5426 10.7454 9.3136 8.1598 7.2198 65 18.00 12.1657 10.4773 9.1216 8.0216 7.1196 66 17.25 11.7825 10.2008 8.9209 7.8750 7.0120 67 16.51 11.3933 9.9159 8.7111 7.7197 6.8964 68 15.78 10.9981 9.6225 8.4922 7.5554 6.7724 69 15.06 10.5971 9.3207 8.2638 7.3817 6.6397 70 14.35 10.1903 9.0104 8.0259 7.1984 6.4978 71 13.67 9.7901 8.7010 7.7856 7.0108 6.3508 72 13.01 9.3912 8.3887 7.5399 6.8167 6.1968 73 12.38 9.0007 8.0791 7.2935 6.6197 6.0387 74 11.77 8.6133 7.7684 7.0432 6.4174 5.8744 75 11.18 8.2297 7.4572 6.7897 6.2101 5.7044 76 10.61 7.8506 7.1462 6.5337 5.9986 5.5290 77 10.04 7.4629 6.8247 6.2661 5.7752 5.3418 78 9.48 7.0734 6.4982 5.9916 5.5435 5.1458 79 8.93 6.6825 6.1671 5.7102 5.3037 4.9408 80 8.40 6.2978 5.8377 5.4275 5.0604 4.7308 81 7.90 5.9274 5.5176 5.1500 4.8193 4.5208 82 7.42 5.5649 5.2014 4.8734 4.5768 4.3077 83 6.98 5.2266 4.9036 4.6107 4.3445 4.1018 84 6.57 4.9061 4.6192 4.3578 4.1191 3.9006 85 6.17 4.5884 4.3351 4.1033 3.8906 3.6950 86 5.80 4.2900 4.0664 3.8608 3.6713 3.4964 87 5.43 3.9873 3.7918 3.6112 3.4441 3.2892 88 5.09 3.7052 3.5342 3.3755 3.2282 3.0911 89 4.77 3.4362 3.2870 3.1480 3.0185 2.8975 90 4.47 3.1810 3.0510 2.9296 2.8160 2.7095 91 4.18 2.9314 2.8190 2.7136 2.6146 2.5216 92 3.92 2.7052 2.6076 2.5158 2.4293 2.3478 93 3.69 2.5032 2.4179 2.3375 2.2616 2.1897 94 3.50 2.3350 2.2593 2.1878 2.1201 2.0560 95 3.33 2.1833 2.1159 2.0520 1.9914 1.9339 96 3.18 2.0487 1.9882 1.9307 1.8761 1.8242 97 3.06 1.9404 1.8852 1.8326 1.7827 1.7351 98 2.95 1.8407 1.7901 1.7419 1.6961 1.6523 99 2.85 1.7497 1.7032 1.6588 1.6165 1.5752 100 2.77 1.6766 1.6333 1.5919 1.5524 1.5146

Age

Average Remaining Lifetime

Immediate Whole Life Annuity at Various Rates of Interest

Years

4% Dollars

6% Dollars

8% Dollars

10% Dollars

12% Dollars

1

74.97

23.6260

16.4428

12.4579

9.9913

8.3314

2

75.37

23.6474

16.4480

12.4592

9.9917

8.3315

3

74.47

23.5988

16.4362

12.4562

9.9909

8.3313

4

73.54

23.5467

16.4234

12.4530

9.9901

8.3311

5

72.59

23.4916

16.4095

12.4494

9.9891

8.3308

6

71.63

23.4337

16.3947

12.4455

9.9881

8.3306

7

70.67

23.3736

16.3791

12.4413

9.9869

8.3302

8

69.70

23.3105

16.3623

12.4368

9.9857

8.3299

9

68.73

23.2450

16.3446

12.4319

9.9843

8.3295

10

67.75

23.1763

16.3257

12.4266

9.9827

8.3290

11

66.77

23.1048

16.3057

12.4208

9.9811

8.3285

12

65.80

23.0313

16.2847

12.4147

9.9792

8.3279

13

64.82

22.9542

16.2623

12.4080

9.9772

8.3273

14

63.84

22.8740

16.2385

12.4008

9.9749

8.3266

15

62.87

22.7916

16.2136

12.3931

9.9725

8.3258

16

61.90

22.7059

16.1872

12.3848

9.9699

8.3249

17

60.94

22.6179

16.1597

12.3760

9.9670

8.3240

18

59.97

22.5255

16.1302

12.3664

9.9638

8.3229

19

59.02

22.4316

16.0996

12.3562

9.9603

8.3217

20

58.06

22.3330

16.0670

12.3452

9.9565

8.3204

21

57.10

22.2307

16.0325

12.3333

9.9524

8.3189

22

56.15

22.1256

15.9964

12.3207

9.9479

8.3172

23

55.19

22.0153

15.9579

12.3069

9.9429

8.3154

24

54.24

21.9020

15.9175

12.2923

9.9374

8.3134

25

53.29

21.7844

15.8749

12.2765

9.9315

8.3111

26

52.33

21.6610

15.8293

12.2594

9.9250

8.3085

27

51.38

21.5342

15.7817

12.2412

9.9178

8.3057

28

50.42

21.4012

15.7308

12.2213

9.9100

8.3025

29

49.47

21.2646

15.6775

12.2002

9.9014

8.2990

30

48.52

21.1228

15.6212

12.1774

9.8921

8.2951

31

47.57

20.9756

15.5617

12.1530

9.8819

8.2908

32

46.62

20.8229

15.4988

12.1266

9.8707

8.2860

33

45.68

20.6660

15.4330

12.0986

9.8586

8.2806

34

44.73

20.5015

15.3628

12.0682

9.8452

8.2747

35

43.79

20.3325

15.2894

12.0358

9.8306

8.2681

36

42.86

20.1591

15.2127

12.0014

9.8149

8.2608

37

41.92

19.9773

15.1309

11.9639

9.7976

8.2526

38

40.99

19.7907

15.0454

11.9242

9.7788

8.2437

39

40.07

19.5993

14.9561

11.8819

9.7586

8.2338

40

39.14

19.3987

14.8608

11.8361

9.7362

8.2228

41

38.23

19.1952

14.7625

11.7879

9.7123

8.2107

42

37.31

18.9819

14.6576

11.7356

9.6859

8.1973

43

36.41

18.7657

14.5494

11.6808

9.6578

8.1827

44

35.50

18.5391

14.4341

11.6214

9.6268

8.1663

45

34.60

18.3070

14.3139

11.5584

9.5934

8.1484

46

33.71

18.0693

14.1887

11.4916

9.5574

8.1287

47

32.83

17.8259

14.0583

11.4210

9.5186

8.1073

48

31.95

17.5739

13.9211

11.3454

9.4765

8.0836

49

31.08

17.3162

13.7783

11.2654

9.4313

8.0577

50

30.21

17.0495

13.6281

11.1799

9.3821

8.0291

51

29.35

16.7767

13.4720

11.0896

9.3293

7.9980

52

28.49

16.4946

13.3078

10.9931

9.2720

7.9637

53

27.65

16.2097

13.1393

10.8924

9.2113

7.9267

54

26.80

15.9118

12.9602

10.7838

9.1448

7.8856

55

25.97

15.6110

12.7766

10.6706

9.0744

7.8415

56

25.14

15.3004

12.5838

10.5499

8.9982

7.7930

57

24.31

14.9794

12.3815

10.4212

8.9157

7.7397

58

23.49

14.6519

12.1718

10.2858

8.8276

7.6818

59

22.68

14.3179

11.9545

10.1434

8.7335

7.6192

60

21.88

13.9774

11.7297

9.9938

8.6332

7.5514

61

21.09

13.6305

11.4971

9.8367

8.5263

7.4782

62

20.30

13.2727

11.2536

9.6697

8.4110

7.3981

63

19.53

12.9132

11.0052

9.4969

8.2900

7.3128

64

18.76

12.5426

10.7454

9.3136

8.1598

7.2198

65

18.00

12.1657

10.4773

9.1216

8.0216

7.1196

66

17.25

11.7825

10.2008

8.9209

7.8750

7.0120

67

16.51

11.3933

9.9159

8.7111

7.7197

6.8964

68

15.78

10.9981

9.6225

8.4922

7.5554

6.7724

69

15.06

10.5971

9.3207

8.2638

7.3817

6.6397

70

14.35

10.1903

9.0104

8.0259

7.1984

6.4978

71

13.67

9.7901

8.7010

7.7856

7.0108

6.3508

72

13.01

9.3912

8.3887

7.5399

6.8167

6.1968

73

12.38

9.0007

8.0791

7.2935

6.6197

6.0387

74

11.77

8.6133

7.7684

7.0432

6.4174

5.8744

75

11.18

8.2297

7.4572

6.7897

6.2101

5.7044

76

10.61

7.8506

7.1462

6.5337

5.9986

5.5290

77

10.04

7.4629

6.8247

6.2661

5.7752

5.3418

78

9.48

7.0734

6.4982

5.9916

5.5435

5.1458

79

8.93

6.6825

6.1671

5.7102

5.3037

4.9408

80

8.40

6.2978

5.8377

5.4275

5.0604

4.7308

81

7.90

5.9274

5.5176

5.1500

4.8193

4.5208

82

7.42

5.5649

5.2014

4.8734

4.5768

4.3077

83

6.98

5.2266

4.9036

4.6107

4.3445

4.1018

84

6.57

4.9061

4.6192

4.3578

4.1191

3.9006

85

6.17

4.5884

4.3351

4.1033

3.8906

3.6950

86

5.80

4.2900

4.0664

3.8608

3.6713

3.4964

87

5.43

3.9873

3.7918

3.6112

3.4441

3.2892

88

5.09

3.7052

3.5342

3.3755

3.2282

3.0911

89

4.77

3.4362

3.2870

3.1480

3.0185

2.8975

90

4.47

3.1810

3.0510

2.9296

2.8160

2.7095

91

4.18

2.9314

2.8190

2.7136

2.6146

2.5216

92

3.92

2.7052

2.6076

2.5158

2.4293

2.3478

93

3.69

2.5032

2.4179

2.3375

2.2616

2.1897

94

3.50

2.3350

2.2593

2.1878

2.1201

2.0560

95

3.33

2.1833

2.1159

2.0520

1.9914

1.9339

96

3.18

2.0487

1.9882

1.9307

1.8761

1.8242

97

3.06

1.9404

1.8852

1.8326

1.7827

1.7351

98

2.95

1.8407

1.7901

1.7419

1.6961

1.6523

99

2.85

1.7497

1.7032

1.6588

1.6165

1.5752

100

2.77

1.6766

1.6333

1.5919

1.5524

1.5146

(b) Example: Joe Doe is entitled to receive the income from a principal sum of ten thousand dollars ($10,000) during the life of one Martha Jones, fifty-five (55) years of age. There is a emainder estate in favor of Timothy Doe. In an appropriate proceeding a court in Arkansas has determined that the life tenant is to be paid a lump sum in commutation of his right to income for the life of Martha Jones; the court has further determined that four percent (4%) is the rate of interest obtainable on an investment of a sum of the size of the principal sum. In the table, follow the left-hand column, which is labeled "age", down vertically until fifty-five (55) is reached; then move horizontally until the column headed "4%" is intersected. At the intersection is found the figure: 15.6110. This figure is to be multiplied by the yearly income, which is found by multiplying the principal sum by the appropriate rate of interest. In this case that would be ten thousand dollars ($10,000) multiplied by .04 equalling four hundred dollars ($400). Then 15.6110 multiplied by four hundred dollars ($400) equals six thousand two hundred forty-four dollars and forty cents ($6,244.40). This is the sum which the court would direct to be paid to Joe Doe in commutation of his income right. Timothy Doe would be paid three thousand seven hundred fifty-five dollars and sixty cents ($3,755.60). See § 18-2-106 : principal sum ten thousand dollars ($10,000) minus commuted life interest six thousand two hundred forty-four dollars and forty cents ($6,244.40) equals commuted remainder three thousand seven hundred fifty-five dollars and sixty cents ($3,755.60).

Acts 1981, No. 350, § 5; A.S.A. 1947, § 50-705.
Ark. Code Ann. § 18-3-104 — AR Code / Title 18 / Chapter 3 / Section 18-3-104
Exclusions from statutory rule against perpetuities
Status: in_force

Section 18-3-101 does not apply to: (1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of (i) a premarital or postmarital agreement, (ii) a separation or divorce settlement, (iii) a spouse's election, (iv) a similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties, (v) a contract to make or not to revoke a will or trust, (vi) a contract to exercise or not to exercise a power of appointment, (vii) a transfer in satisfaction of a duty of support, or (viii) a reciprocal transfer; (2) a fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income; (3) a power to appoint a fiduciary; (4) a discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal; (5) a nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision; (6) a nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; (7) a property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this State; or (8) (A) a nonvested property interest or power of appointment provided in a trust created or administered in this state so long as the trust: (i) has one (1) or more trustees who are able to convey an absolute fee in possession of land, or full ownership of personal property; (ii) has one (1) or more trustees with express or implied power to sell the trust assets; or (iii) vests in one (1) or more persons in being the unlimited power to terminate the trust. (B) if the power of alienation is suspended during the life of the trust, the rule against perpetuities under § 18-3-101 will begin to run from the date of suspension. (C) the exception created in this subdivision (8) applies to a trust created in Arkansas on or after August 1, 2017 and to any other trust whose principal place of administration is transferred to Arkansas on or after August 1, 2017, regardless of when the trust was created. Amended by Act 2017, No. 945,§ 4, eff. 8/1/2017. Acts 2007, No. 240, § 1.

Section 18-3-101 does not apply to:

(1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of (i) a premarital or postmarital agreement, (ii) a separation or divorce settlement, (iii) a spouse's election, (iv) a similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties, (v) a contract to make or not to revoke a will or trust, (vi) a contract to exercise or not to exercise a power of appointment, (vii) a transfer in satisfaction of a duty of support, or (viii) a reciprocal transfer;

(2) a fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;

(3) a power to appoint a fiduciary;

(4) a discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;

(5) a nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;

(6) a nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse;

(7) a property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this State; or

(8) (A) a nonvested property interest or power of appointment provided in a trust created or administered in this state so long as the trust: (i) has one (1) or more trustees who are able to convey an absolute fee in possession of land, or full ownership of personal property; (ii) has one (1) or more trustees with express or implied power to sell the trust assets; or (iii) vests in one (1) or more persons in being the unlimited power to terminate the trust. (B) if the power of alienation is suspended during the life of the trust, the rule against perpetuities under § 18-3-101 will begin to run from the date of suspension. (C) the exception created in this subdivision (8) applies to a trust created in Arkansas on or after August 1, 2017 and to any other trust whose principal place of administration is transferred to Arkansas on or after August 1, 2017, regardless of when the trust was created.

(A) a nonvested property interest or power of appointment provided in a trust created or administered in this state so long as the trust: (i) has one (1) or more trustees who are able to convey an absolute fee in possession of land, or full ownership of personal property; (ii) has one (1) or more trustees with express or implied power to sell the trust assets; or (iii) vests in one (1) or more persons in being the unlimited power to terminate the trust.

(i) has one (1) or more trustees who are able to convey an absolute fee in possession of land, or full ownership of personal property;

(ii) has one (1) or more trustees with express or implied power to sell the trust assets; or

(iii) vests in one (1) or more persons in being the unlimited power to terminate the trust.

(B) if the power of alienation is suspended during the life of the trust, the rule against perpetuities under § 18-3-101 will begin to run from the date of suspension.

(C) the exception created in this subdivision (8) applies to a trust created in Arkansas on or after August 1, 2017 and to any other trust whose principal place of administration is transferred to Arkansas on or after August 1, 2017, regardless of when the trust was created.

Amended by Act 2017, No. 945,§ 4, eff. 8/1/2017.

Acts 2007, No. 240, § 1.
Ark. Code Ann. § 18-60-1007 — AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1007
Cotenant buyout
Status: in_force

(a) If any cotenant requested partition by sale, after the determination of value under § 18-60-1006 , the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale. (b) Not later than 45 days after the notice is sent under subsection (a), any cotenant except a cotenant that requested partition by sale may give notice to the court that it elects to buy all the interests of the cotenants that requested partition by sale. (c) The purchase price for each of the interests of a cotenant that requested partition by sale is the value of the entire parcel determined under § 18-60-1006 multiplied by the cotenant's fractional ownership of the entire parcel. (d) After expiration of the period in subsection (b), the following rules apply: (1) If only one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall notify all the parties of that fact. (2) If more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant's existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and send notice to all the parties of that fact and of the price to be paid by each electing cotenant. (3) If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall send notice to all the parties of that fact and resolve the partition action under § 18-60-1008(a) and (b) . (e) If the court sends notice to the parties under subdivision (d)(1) or (2), the court shall set a date, not sooner than 60 days after the date the notice was sent, by which electing cotenants must pay their apportioned price into the court. After this date, the following rules apply: (1) If all electing cotenants timely pay their apportioned price into court, the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to them. (2) If no electing cotenant timely pays its apportioned price, the court shall resolve the partition action under § 18-60-1008(a) and (b) as if the interests of the cotenants that requested partition by sale were not purchased. (3) If one or more but not all of the electing cotenants fail to pay their apportioned price on time, the court shall give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest. (f) Not later than 20 days after the court gives notice pursuant to subdivision (e)(3), any cotenant that paid may elect to purchase all of the remaining interest by paying the entire price into the court. After the 20-day period, the following rules apply: (1) If only one cotenant pays the entire price for the remaining interest, the court shall issue an order reallocating the remaining interest to that cotenant. The court shall issue promptly an order reallocating the interests of all of the cotenants and disburse the amounts held by it to the persons entitled to them. (2) If no cotenant pays the entire price for the remaining interest, the court shall resolve the partition action under § 18-60-1008(a) and (b) as if the interests of the cotenants that requested partition by sale were not purchased. (3) If more than one cotenant pays the entire price for the remaining interest, the court shall reapportion the remaining interest among those paying cotenants, based on each paying cotenant's original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest. The court shall issue promptly an order reallocating all of the cotenants' interests, disburse the amounts held by it to the persons entitled to them, and promptly refund any excess payment held by the court. (g) Not later than 45 days after the court sends notice to the parties pursuant to subsection (a), any cotenant entitled to buy an interest under this section may request the court to authorize the sale as part of the pending action of the interests of cotenants named as defendants and served with the complaint but that did not appear in the action. (h) If the court receives a timely request under subsection (g), the court, after hearing, may deny the request or authorize the requested additional sale on such terms as the court determines are fair and reasonable, subject to the following limitations: (1) a sale authorized under this subsection may occur only after the purchase prices for all interests subject to sale under subsections (a) through (f) have been paid into court and those interests have been reallocated among the cotenants as provided in those subsections; and (2) the purchase price for the interest of a nonappearing cotenant is based on the court's determination of value under § 18-60-1006 . Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

(a) If any cotenant requested partition by sale, after the determination of value under § 18-60-1006 , the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale.

(b) Not later than 45 days after the notice is sent under subsection (a), any cotenant except a cotenant that requested partition by sale may give notice to the court that it elects to buy all the interests of the cotenants that requested partition by sale.

(c) The purchase price for each of the interests of a cotenant that requested partition by sale is the value of the entire parcel determined under § 18-60-1006 multiplied by the cotenant's fractional ownership of the entire parcel.

(d) After expiration of the period in subsection (b), the following rules apply: (1) If only one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall notify all the parties of that fact. (2) If more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant's existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and send notice to all the parties of that fact and of the price to be paid by each electing cotenant. (3) If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall send notice to all the parties of that fact and resolve the partition action under § 18-60-1008(a) and (b) .

(1) If only one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall notify all the parties of that fact.

(2) If more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant's existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and send notice to all the parties of that fact and of the price to be paid by each electing cotenant.

(3) If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall send notice to all the parties of that fact and resolve the partition action under § 18-60-1008(a) and (b) .

(e) If the court sends notice to the parties under subdivision (d)(1) or (2), the court shall set a date, not sooner than 60 days after the date the notice was sent, by which electing cotenants must pay their apportioned price into the court. After this date, the following rules apply: (1) If all electing cotenants timely pay their apportioned price into court, the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to them. (2) If no electing cotenant timely pays its apportioned price, the court shall resolve the partition action under § 18-60-1008(a) and (b) as if the interests of the cotenants that requested partition by sale were not purchased. (3) If one or more but not all of the electing cotenants fail to pay their apportioned price on time, the court shall give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest.

(1) If all electing cotenants timely pay their apportioned price into court, the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to them.

(2) If no electing cotenant timely pays its apportioned price, the court shall resolve the partition action under § 18-60-1008(a) and (b) as if the interests of the cotenants that requested partition by sale were not purchased.

(3) If one or more but not all of the electing cotenants fail to pay their apportioned price on time, the court shall give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest.

(f) Not later than 20 days after the court gives notice pursuant to subdivision (e)(3), any cotenant that paid may elect to purchase all of the remaining interest by paying the entire price into the court. After the 20-day period, the following rules apply: (1) If only one cotenant pays the entire price for the remaining interest, the court shall issue an order reallocating the remaining interest to that cotenant. The court shall issue promptly an order reallocating the interests of all of the cotenants and disburse the amounts held by it to the persons entitled to them. (2) If no cotenant pays the entire price for the remaining interest, the court shall resolve the partition action under § 18-60-1008(a) and (b) as if the interests of the cotenants that requested partition by sale were not purchased. (3) If more than one cotenant pays the entire price for the remaining interest, the court shall reapportion the remaining interest among those paying cotenants, based on each paying cotenant's original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest. The court shall issue promptly an order reallocating all of the cotenants' interests, disburse the amounts held by it to the persons entitled to them, and promptly refund any excess payment held by the court.

(1) If only one cotenant pays the entire price for the remaining interest, the court shall issue an order reallocating the remaining interest to that cotenant. The court shall issue promptly an order reallocating the interests of all of the cotenants and disburse the amounts held by it to the persons entitled to them.

(2) If no cotenant pays the entire price for the remaining interest, the court shall resolve the partition action under § 18-60-1008(a) and (b) as if the interests of the cotenants that requested partition by sale were not purchased.

(3) If more than one cotenant pays the entire price for the remaining interest, the court shall reapportion the remaining interest among those paying cotenants, based on each paying cotenant's original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest. The court shall issue promptly an order reallocating all of the cotenants' interests, disburse the amounts held by it to the persons entitled to them, and promptly refund any excess payment held by the court.

(g) Not later than 45 days after the court sends notice to the parties pursuant to subsection (a), any cotenant entitled to buy an interest under this section may request the court to authorize the sale as part of the pending action of the interests of cotenants named as defendants and served with the complaint but that did not appear in the action.

(h) If the court receives a timely request under subsection (g), the court, after hearing, may deny the request or authorize the requested additional sale on such terms as the court determines are fair and reasonable, subject to the following limitations: (1) a sale authorized under this subsection may occur only after the purchase prices for all interests subject to sale under subsections (a) through (f) have been paid into court and those interests have been reallocated among the cotenants as provided in those subsections; and (2) the purchase price for the interest of a nonappearing cotenant is based on the court's determination of value under § 18-60-1006 .

(1) a sale authorized under this subsection may occur only after the purchase prices for all interests subject to sale under subsections (a) through (f) have been paid into court and those interests have been reallocated among the cotenants as provided in those subsections; and

(2) the purchase price for the interest of a nonappearing cotenant is based on the court's determination of value under § 18-60-1006 .

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 18-48-804 — AR Code / Title 18 / Chapter 48 / Subchapter 8 / Section 18-48-804
Waiver of right to a lien - Action by principal broker
Status: in_force

(a) A principal broker may waive his or her right to a lien under this subchapter in the representation agreement. (b) If a court finds that payment is due to the principal broker in an action to recover amounts due under a representation agreement in which the principal broker has waived his or her right to a lien, the court shall award actual damages, a reasonable attorney's fee, and expenses. Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.

(a) A principal broker may waive his or her right to a lien under this subchapter in the representation agreement.

(b) If a court finds that payment is due to the principal broker in an action to recover amounts due under a representation agreement in which the principal broker has waived his or her right to a lien, the court shall award actual damages, a reasonable attorney's fee, and expenses.

Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.
Ark. Code Ann. § 18-60-802 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-802
Existing laws not affected
Status: in_force

This section and §§ 18-60-801 and 18-60-803 - 18-60-808 shall not repeal any existing law pertaining to the recovery of personal property by parties claiming an interest therein. Acts 1973, No. 144, § 9; A.S.A. 1947, § 34-2126.

This section and §§ 18-60-801 and 18-60-803 - 18-60-808 shall not repeal any existing law pertaining to the recovery of personal property by parties claiming an interest therein.

Acts 1973, No. 144, § 9; A.S.A. 1947, § 34-2126.
Ark. Code Ann. § 18-28-223 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-223
Interstate agreements and cooperation - Joint and reciprocal actions with other states
Status: in_force

(a) The administrator may enter into an agreement with another state to exchange information relating to abandoned property or its possible existence. The agreement may permit the other state, or another person acting on behalf of a state, to examine records as authorized in § 18-28-220 . The administrator by rule may require the reporting of information needed to enable compliance with an agreement made under this section and prescribe the form. (b) The administrator may join with another state to seek enforcement of this subchapter against any person who is or may be holding property reportable under this subchapter. (c) At the request of another state, the Attorney General of this state may maintain an action on behalf of the other state to enforce, in this state, the unclaimed property laws of the other state against a holder of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the Attorney General in maintaining the action. (d) The administrator may request that the attorney general of another state or another attorney commence an action in the other state on behalf of the administrator. With the approval of the Attorney General of this state, the administrator may retain any other attorney to commence an action in this state on behalf of the administrator. This state shall pay all expenses, including attorney's fees, in maintaining an action under this subsection. With the administrator's approval, the expenses and attorney's fees may be paid from money received under this subchapter. The administrator may agree to pay expenses and attorney's fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses or attorney's fees paid under this subsection may not be deducted from the amount that is subject to the claim by the owner under this subchapter. Acts 1999, No. 850, § 23.

(a) The administrator may enter into an agreement with another state to exchange information relating to abandoned property or its possible existence. The agreement may permit the other state, or another person acting on behalf of a state, to examine records as authorized in § 18-28-220 . The administrator by rule may require the reporting of information needed to enable compliance with an agreement made under this section and prescribe the form.

(b) The administrator may join with another state to seek enforcement of this subchapter against any person who is or may be holding property reportable under this subchapter.

(c) At the request of another state, the Attorney General of this state may maintain an action on behalf of the other state to enforce, in this state, the unclaimed property laws of the other state against a holder of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the Attorney General in maintaining the action.

(d) The administrator may request that the attorney general of another state or another attorney commence an action in the other state on behalf of the administrator. With the approval of the Attorney General of this state, the administrator may retain any other attorney to commence an action in this state on behalf of the administrator. This state shall pay all expenses, including attorney's fees, in maintaining an action under this subsection. With the administrator's approval, the expenses and attorney's fees may be paid from money received under this subchapter. The administrator may agree to pay expenses and attorney's fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses or attorney's fees paid under this subsection may not be deducted from the amount that is subject to the claim by the owner under this subchapter.

Acts 1999, No. 850, § 23.
Ark. Code Ann. § 18-50-102 — AR Code / Title 18 / Chapter 50 / Section 18-50-102
Parties authorized to foreclose mortgage or deed of trust
Status: in_force

(a) Parties authorized to foreclose a mortgage or deed of trust under this chapter are limited to: (1) A trustee or attorney-in-fact who is an active licensed member of the Bar of the Supreme Court of the State of Arkansas or a law firm among whose members includes such an attorney if the attorney or law firm maintains an office that: (A) Is located within this state; (B) Is accessible to the public during regular business hours; and (C) Has the ability to accept funds from a grantor, mortgagor, or obligor to reinstate or pay off a mortgage or deed of trust; (2) A state-chartered bank, nationally chartered bank, state-chartered or federally chartered savings and loan association, state-chartered or federally chartered credit union, or a mortgage loan company subject to licensing, supervision, and auditing by a federal agency, a government-sponsored enterprise, and the Bank Commissioner or Securities Commissioner, in consultation with the Bank Commissioner, as applicable, as an approved mortgage loan servicer authorized to do business under the laws of the State of Arkansas if the state-chartered bank, nationally chartered bank, state-chartered or federally chartered savings and loan association, state-chartered or federally chartered credit union, or mortgage loan company: (A) Has a physical business location open for business for normal banking hours located within the State of Arkansas; (B) Is either the holder or the mortgage loan servicer for the holder of a note secured by a mortgage or deed of trust; and (C) Does not collect a fee or cost for any action taken under this chapter unless authorized by a court order; or (3) An agency or authority of the State of Arkansas where not otherwise prohibited by law. (b) (1) The beneficiary may appoint a successor trustee at any time by filing a substitution of trustee for record with the recorder of the county in which the trust property is situated. (2) The new trustee shall succeed to all the power, duties, authority, and title of the original trustee and any previous successor trustee. (3) The beneficiary, by express provision in the substitution of a trustee, may ratify and confirm actions taken on its behalf by the new trustee prior to the recording of the substitution of the trustee. (c) The substitution shall identify the deed of trust by stating the names of the original parties thereto, the date of recordation, and the book and page where recorded or the recorder's document number. The substitution shall also state the name of the new trustee and shall be executed and duly acknowledged by all the beneficiaries or their successors in interest. (d) A mortgagee may delegate his or her powers and duties under this chapter to an attorney-in-fact, whose acts shall be done in the name of and on behalf of the mortgagee. (e) The appointment of an attorney-in-fact by a mortgagee shall be made by a duly executed, acknowledged, and recorded power of attorney that shall identify the mortgage by stating the names of the original parties thereto, the date of recordation, and the book and page where recorded or the recorder's document number. (f) A substitution of trustee or power of attorney shall be recorded before any trustee's or mortgagee's deed executed by the substituted trustee or attorney-in-fact is recorded. Amended by Act 2023, No. 475,§ 4, eff. 8/1/2023. Acts 1987, No. 53, § 2; 1989, No. 532, § 2; 1999, No. 983, § 2; 2003, No. 1303, § 2; 2011, No. 901, § 2.

(a) Parties authorized to foreclose a mortgage or deed of trust under this chapter are limited to: (1) A trustee or attorney-in-fact who is an active licensed member of the Bar of the Supreme Court of the State of Arkansas or a law firm among whose members includes such an attorney if the attorney or law firm maintains an office that: (A) Is located within this state; (B) Is accessible to the public during regular business hours; and (C) Has the ability to accept funds from a grantor, mortgagor, or obligor to reinstate or pay off a mortgage or deed of trust; (2) A state-chartered bank, nationally chartered bank, state-chartered or federally chartered savings and loan association, state-chartered or federally chartered credit union, or a mortgage loan company subject to licensing, supervision, and auditing by a federal agency, a government-sponsored enterprise, and the Bank Commissioner or Securities Commissioner, in consultation with the Bank Commissioner, as applicable, as an approved mortgage loan servicer authorized to do business under the laws of the State of Arkansas if the state-chartered bank, nationally chartered bank, state-chartered or federally chartered savings and loan association, state-chartered or federally chartered credit union, or mortgage loan company: (A) Has a physical business location open for business for normal banking hours located within the State of Arkansas; (B) Is either the holder or the mortgage loan servicer for the holder of a note secured by a mortgage or deed of trust; and (C) Does not collect a fee or cost for any action taken under this chapter unless authorized by a court order; or (3) An agency or authority of the State of Arkansas where not otherwise prohibited by law.

(1) A trustee or attorney-in-fact who is an active licensed member of the Bar of the Supreme Court of the State of Arkansas or a law firm among whose members includes such an attorney if the attorney or law firm maintains an office that: (A) Is located within this state; (B) Is accessible to the public during regular business hours; and (C) Has the ability to accept funds from a grantor, mortgagor, or obligor to reinstate or pay off a mortgage or deed of trust;

(A) Is located within this state;

(B) Is accessible to the public during regular business hours; and

(C) Has the ability to accept funds from a grantor, mortgagor, or obligor to reinstate or pay off a mortgage or deed of trust;

(2) A state-chartered bank, nationally chartered bank, state-chartered or federally chartered savings and loan association, state-chartered or federally chartered credit union, or a mortgage loan company subject to licensing, supervision, and auditing by a federal agency, a government-sponsored enterprise, and the Bank Commissioner or Securities Commissioner, in consultation with the Bank Commissioner, as applicable, as an approved mortgage loan servicer authorized to do business under the laws of the State of Arkansas if the state-chartered bank, nationally chartered bank, state-chartered or federally chartered savings and loan association, state-chartered or federally chartered credit union, or mortgage loan company: (A) Has a physical business location open for business for normal banking hours located within the State of Arkansas; (B) Is either the holder or the mortgage loan servicer for the holder of a note secured by a mortgage or deed of trust; and (C) Does not collect a fee or cost for any action taken under this chapter unless authorized by a court order; or

(A) Has a physical business location open for business for normal banking hours located within the State of Arkansas;

(B) Is either the holder or the mortgage loan servicer for the holder of a note secured by a mortgage or deed of trust; and

(C) Does not collect a fee or cost for any action taken under this chapter unless authorized by a court order; or

(3) An agency or authority of the State of Arkansas where not otherwise prohibited by law.

(b) (1) The beneficiary may appoint a successor trustee at any time by filing a substitution of trustee for record with the recorder of the county in which the trust property is situated. (2) The new trustee shall succeed to all the power, duties, authority, and title of the original trustee and any previous successor trustee. (3) The beneficiary, by express provision in the substitution of a trustee, may ratify and confirm actions taken on its behalf by the new trustee prior to the recording of the substitution of the trustee.

(1) The beneficiary may appoint a successor trustee at any time by filing a substitution of trustee for record with the recorder of the county in which the trust property is situated.

(2) The new trustee shall succeed to all the power, duties, authority, and title of the original trustee and any previous successor trustee.

(3) The beneficiary, by express provision in the substitution of a trustee, may ratify and confirm actions taken on its behalf by the new trustee prior to the recording of the substitution of the trustee.

(c) The substitution shall identify the deed of trust by stating the names of the original parties thereto, the date of recordation, and the book and page where recorded or the recorder's document number. The substitution shall also state the name of the new trustee and shall be executed and duly acknowledged by all the beneficiaries or their successors in interest.

(d) A mortgagee may delegate his or her powers and duties under this chapter to an attorney-in-fact, whose acts shall be done in the name of and on behalf of the mortgagee.

(e) The appointment of an attorney-in-fact by a mortgagee shall be made by a duly executed, acknowledged, and recorded power of attorney that shall identify the mortgage by stating the names of the original parties thereto, the date of recordation, and the book and page where recorded or the recorder's document number.

(f) A substitution of trustee or power of attorney shall be recorded before any trustee's or mortgagee's deed executed by the substituted trustee or attorney-in-fact is recorded.

Amended by Act 2023, No. 475,§ 4, eff. 8/1/2023.

Acts 1987, No. 53, § 2; 1989, No. 532, § 2; 1999, No. 983, § 2; 2003, No. 1303, § 2; 2011, No. 901, § 2.
Ark. Code Ann. § 18-28-401 — AR Code / Title 18 / Chapter 28 / Subchapter 4 / Section 18-28-401
Definitions
Status: in_force

As used in this subchapter: (1) "Holder" means a person, wherever organized or domiciled, who is: (A) In possession of property that belongs to another; (B) A trustee; or (C) Indebted to another on an obligation; (2) "Mineral" means oil, gas, uranium, sulphur, lignite, coal, and any other substance that is ordinarily and naturally considered a mineral in this state, regardless of the depth at which the substance is found; and (3) "Mineral proceeds" means all obligations: (A) To pay resulting from the production and sale of minerals from this state; and (B) For the acquisition and retention of a mineral lease to produce minerals located in this state. Acts 1987, No. 362, § 1.

As used in this subchapter:

(1) "Holder" means a person, wherever organized or domiciled, who is: (A) In possession of property that belongs to another; (B) A trustee; or (C) Indebted to another on an obligation;

(A) In possession of property that belongs to another;

(B) A trustee; or

(C) Indebted to another on an obligation;

(2) "Mineral" means oil, gas, uranium, sulphur, lignite, coal, and any other substance that is ordinarily and naturally considered a mineral in this state, regardless of the depth at which the substance is found; and

(3) "Mineral proceeds" means all obligations: (A) To pay resulting from the production and sale of minerals from this state; and (B) For the acquisition and retention of a mineral lease to produce minerals located in this state.

(A) To pay resulting from the production and sale of minerals from this state; and

(B) For the acquisition and retention of a mineral lease to produce minerals located in this state.

Acts 1987, No. 362, § 1.
Ark. Code Ann. § 18-28-212 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-212
Public sale of abandoned property
Status: in_force

(a) (1) Except as otherwise provided in this section, the administrator, within three (3) years after the receipt of abandoned property, shall sell it to the highest bidder at public sale at a location in the state which in the judgment of the administrator affords the most favorable market for the property. The administrator may decline the highest bid and reoffer the property for sale if the administrator considers the bid to be insufficient. The administrator need not offer the property for sale if the administrator considers that the probable cost of sale will exceed the proceeds of the sale. (2) A sale held under this section must be preceded by a single publication of notice, at least three (3) weeks before sale, in a newspaper of general circulation in the county in which the property is to be sold. However, the administrator is not required to publish notice under this section if the abandoned property will be sold through an Internet auction. (b) (1) (A) Securities listed on an established stock exchange shall be sold at prices prevailing on the exchange at the time of sale. (B) Other securities may be sold over the counter at prices prevailing at the time of sale or by a reasonable method selected by the administrator. (2) The administrator may sell securities upon receipt of the securities from the holder. (3) (A) A person making a claim under this subchapter is entitled to receive the: (i) Securities delivered by the holder to the administrator if the securities still remain in the custody of the administrator; or (ii) Proceeds received from the sale of the securities, less any fees and expenses incurred from the sale. (B) A person may not maintain an action or bring a proceeding for any appreciation or depreciation in the value of the securities that may occur after delivery by the holder to the administrator against: (i) The state; (ii) The administrator; (iii) The holder; (iv) A securities transfer agent; (v) An auctioneer; or (vi) An agent acting for or on behalf of the holder or administrator. (c) A purchaser of property at a sale conducted by the administrator pursuant to this subchapter takes the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership. Amended by Act 2019, No. 492,§ 1, eff. 3/15/2019. Acts 1999, No. 850, § 12; 2005, No. 175, § 2.

(a) (1) Except as otherwise provided in this section, the administrator, within three (3) years after the receipt of abandoned property, shall sell it to the highest bidder at public sale at a location in the state which in the judgment of the administrator affords the most favorable market for the property. The administrator may decline the highest bid and reoffer the property for sale if the administrator considers the bid to be insufficient. The administrator need not offer the property for sale if the administrator considers that the probable cost of sale will exceed the proceeds of the sale. (2) A sale held under this section must be preceded by a single publication of notice, at least three (3) weeks before sale, in a newspaper of general circulation in the county in which the property is to be sold. However, the administrator is not required to publish notice under this section if the abandoned property will be sold through an Internet auction.

(1) Except as otherwise provided in this section, the administrator, within three (3) years after the receipt of abandoned property, shall sell it to the highest bidder at public sale at a location in the state which in the judgment of the administrator affords the most favorable market for the property. The administrator may decline the highest bid and reoffer the property for sale if the administrator considers the bid to be insufficient. The administrator need not offer the property for sale if the administrator considers that the probable cost of sale will exceed the proceeds of the sale.

(2) A sale held under this section must be preceded by a single publication of notice, at least three (3) weeks before sale, in a newspaper of general circulation in the county in which the property is to be sold. However, the administrator is not required to publish notice under this section if the abandoned property will be sold through an Internet auction.

(b) (1) (A) Securities listed on an established stock exchange shall be sold at prices prevailing on the exchange at the time of sale. (B) Other securities may be sold over the counter at prices prevailing at the time of sale or by a reasonable method selected by the administrator. (2) The administrator may sell securities upon receipt of the securities from the holder. (3) (A) A person making a claim under this subchapter is entitled to receive the: (i) Securities delivered by the holder to the administrator if the securities still remain in the custody of the administrator; or (ii) Proceeds received from the sale of the securities, less any fees and expenses incurred from the sale. (B) A person may not maintain an action or bring a proceeding for any appreciation or depreciation in the value of the securities that may occur after delivery by the holder to the administrator against: (i) The state; (ii) The administrator; (iii) The holder; (iv) A securities transfer agent; (v) An auctioneer; or (vi) An agent acting for or on behalf of the holder or administrator.

(1) (A) Securities listed on an established stock exchange shall be sold at prices prevailing on the exchange at the time of sale. (B) Other securities may be sold over the counter at prices prevailing at the time of sale or by a reasonable method selected by the administrator.

(A) Securities listed on an established stock exchange shall be sold at prices prevailing on the exchange at the time of sale.

(B) Other securities may be sold over the counter at prices prevailing at the time of sale or by a reasonable method selected by the administrator.

(2) The administrator may sell securities upon receipt of the securities from the holder.

(3) (A) A person making a claim under this subchapter is entitled to receive the: (i) Securities delivered by the holder to the administrator if the securities still remain in the custody of the administrator; or (ii) Proceeds received from the sale of the securities, less any fees and expenses incurred from the sale. (B) A person may not maintain an action or bring a proceeding for any appreciation or depreciation in the value of the securities that may occur after delivery by the holder to the administrator against: (i) The state; (ii) The administrator; (iii) The holder; (iv) A securities transfer agent; (v) An auctioneer; or (vi) An agent acting for or on behalf of the holder or administrator.

(A) A person making a claim under this subchapter is entitled to receive the: (i) Securities delivered by the holder to the administrator if the securities still remain in the custody of the administrator; or (ii) Proceeds received from the sale of the securities, less any fees and expenses incurred from the sale.

(i) Securities delivered by the holder to the administrator if the securities still remain in the custody of the administrator; or

(ii) Proceeds received from the sale of the securities, less any fees and expenses incurred from the sale.

(B) A person may not maintain an action or bring a proceeding for any appreciation or depreciation in the value of the securities that may occur after delivery by the holder to the administrator against: (i) The state; (ii) The administrator; (iii) The holder; (iv) A securities transfer agent; (v) An auctioneer; or (vi) An agent acting for or on behalf of the holder or administrator.

(i) The state;

(ii) The administrator;

(iii) The holder;

(iv) A securities transfer agent;

(v) An auctioneer; or

(vi) An agent acting for or on behalf of the holder or administrator.

(c) A purchaser of property at a sale conducted by the administrator pursuant to this subchapter takes the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership.

Amended by Act 2019, No. 492,§ 1, eff. 3/15/2019.

Acts 1999, No. 850, § 12; 2005, No. 175, § 2.
Ark. Code Ann. § 18-43-103 — AR Code / Title 18 / Chapter 43 / Section 18-43-103
Miner's or quarry worker's lien
Status: in_force

(a) Any person working in any mines in the State of Arkansas or in any quarries, either stone or marble, shall have a lien on the output of any such mines or quarries for the amount due for his or her work. In addition thereto, his or her lien shall attach to all the machinery, tools, and implements used in quarrying or mining. (b) These liens shall be enforced in the manner provided for the enforcement of laborers' liens. Acts 1895, No. 23, § 1, p. 27; C. & M. Dig., § 7293; Pope's Dig., § 9349; A.S.A. 1947, § 51-319.

(a) Any person working in any mines in the State of Arkansas or in any quarries, either stone or marble, shall have a lien on the output of any such mines or quarries for the amount due for his or her work. In addition thereto, his or her lien shall attach to all the machinery, tools, and implements used in quarrying or mining.

(b) These liens shall be enforced in the manner provided for the enforcement of laborers' liens.

Acts 1895, No. 23, § 1, p. 27; C. & M. Dig., § 7293; Pope's Dig., § 9349; A.S.A. 1947, § 51-319.
Ark. Code Ann. § 18-12-203 — AR Code / Title 18 / Chapter 12 / Subchapter 2 / Section 18-12-203
Officers authorized to take proof or acknowledgment of real estate conveyances
Status: in_force

(a) The proof or acknowledgment of every deed or instrument of writing for the conveyance of any real estate shall be taken by one (1) of the following courts or officers: (1) When acknowledged or proved within this state, before the Supreme Court, the circuit court, or any justices or judges thereof, the clerk of any court of record, any county judge, or before any notary public; (2) When acknowledged or proved outside this state, and within the United States or its territories, or in any of the colonies or possessions or dependencies of the United States, before any court of the United States, or any state or territory, or colony or possession or dependency of the United States, having a seal, or a clerk of any such court, or before any notary public, or before the mayor of any incorporated city or town, or the chief officer of any city or town having a seal, or before a commissioner appointed by the Governor; and (3) When acknowledged or proved outside the United States, before any: (A) Court of any state, kingdom, or empire having a seal; (B) Mayor or chief officer of any city or town having an official seal; or (C) Officer of any foreign country who by the laws of that country is authorized to take probate of the conveyance of real estate of his or her own country if the officer has, by law, an official seal. (b) The acknowledgment of any deed or mortgage, when taken outside the United States, may be taken and certified by a United States consul. Rev. Stat., ch. 31, § 13; Acts 1874, No. 13, § 1, p. 58; 1887, No. 91, § 1, p. 142; 1897, No. 26, § 1, p. 33; 1899, No. 150, § 1, p. 276; C. & M. Dig., § 1516; Acts 1921, No. 233, § 1; 1923, No. 464, §§ 1, 2; Pope's Dig., § 1825; A.S.A. 1947, §§ 49-202, 49-203; Acts 2003, No. 1185, § 252.

(a) The proof or acknowledgment of every deed or instrument of writing for the conveyance of any real estate shall be taken by one (1) of the following courts or officers: (1) When acknowledged or proved within this state, before the Supreme Court, the circuit court, or any justices or judges thereof, the clerk of any court of record, any county judge, or before any notary public; (2) When acknowledged or proved outside this state, and within the United States or its territories, or in any of the colonies or possessions or dependencies of the United States, before any court of the United States, or any state or territory, or colony or possession or dependency of the United States, having a seal, or a clerk of any such court, or before any notary public, or before the mayor of any incorporated city or town, or the chief officer of any city or town having a seal, or before a commissioner appointed by the Governor; and (3) When acknowledged or proved outside the United States, before any: (A) Court of any state, kingdom, or empire having a seal; (B) Mayor or chief officer of any city or town having an official seal; or (C) Officer of any foreign country who by the laws of that country is authorized to take probate of the conveyance of real estate of his or her own country if the officer has, by law, an official seal.

(1) When acknowledged or proved within this state, before the Supreme Court, the circuit court, or any justices or judges thereof, the clerk of any court of record, any county judge, or before any notary public;

(2) When acknowledged or proved outside this state, and within the United States or its territories, or in any of the colonies or possessions or dependencies of the United States, before any court of the United States, or any state or territory, or colony or possession or dependency of the United States, having a seal, or a clerk of any such court, or before any notary public, or before the mayor of any incorporated city or town, or the chief officer of any city or town having a seal, or before a commissioner appointed by the Governor; and

(3) When acknowledged or proved outside the United States, before any: (A) Court of any state, kingdom, or empire having a seal; (B) Mayor or chief officer of any city or town having an official seal; or (C) Officer of any foreign country who by the laws of that country is authorized to take probate of the conveyance of real estate of his or her own country if the officer has, by law, an official seal.

(A) Court of any state, kingdom, or empire having a seal;

(B) Mayor or chief officer of any city or town having an official seal; or

(C) Officer of any foreign country who by the laws of that country is authorized to take probate of the conveyance of real estate of his or her own country if the officer has, by law, an official seal.

(b) The acknowledgment of any deed or mortgage, when taken outside the United States, may be taken and certified by a United States consul.

Rev. Stat., ch. 31, § 13; Acts 1874, No. 13, § 1, p. 58; 1887, No. 91, § 1, p. 142; 1897, No. 26, § 1, p. 33; 1899, No. 150, § 1, p. 276; C. & M. Dig., § 1516; Acts 1921, No. 233, § 1; 1923, No. 464, §§ 1, 2; Pope's Dig., § 1825; A.S.A. 1947, §§ 49-202, 49-203; Acts 2003, No. 1185, § 252.
Ark. Code Ann. § 18-48-506 — AR Code / Title 18 / Chapter 48 / Subchapter 5 / Section 18-48-506
Enforcement of cotton ginner's lien
Status: in_force

(a) (1) A ginner holding a lien under § 18-48-505 and this section may hold the cotton and seed for thirty (30) days, unless his or her claim is paid sooner. (2) After that time the lienholder may sell it at the best obtainable price on the market, at private sale, and from the proceeds pay his or her just debt and turn the residue over to the owner of the cotton or seed. (3) If the cotton or seed is gone from the lienholder's possession, he or she may enforce his or her lien before the court, in the manner provided by law for the enforcement of laborers' liens upon the product of their labor. (b) The lien created by § 18-48-505 and this section shall be enforced within six (6) months after the cotton is ginned, but not thereafter. Acts 1907, No. 231, § 2, p. 536; C. & M. Dig., § 6847; Pope's Dig., § 8803; A.S.A. 1947, § 51-902.

(a) (1) A ginner holding a lien under § 18-48-505 and this section may hold the cotton and seed for thirty (30) days, unless his or her claim is paid sooner. (2) After that time the lienholder may sell it at the best obtainable price on the market, at private sale, and from the proceeds pay his or her just debt and turn the residue over to the owner of the cotton or seed. (3) If the cotton or seed is gone from the lienholder's possession, he or she may enforce his or her lien before the court, in the manner provided by law for the enforcement of laborers' liens upon the product of their labor.

(1) A ginner holding a lien under § 18-48-505 and this section may hold the cotton and seed for thirty (30) days, unless his or her claim is paid sooner.

(2) After that time the lienholder may sell it at the best obtainable price on the market, at private sale, and from the proceeds pay his or her just debt and turn the residue over to the owner of the cotton or seed.

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

(b) The lien created by § 18-48-505 and this section shall be enforced within six (6) months after the cotton is ginned, but not thereafter.

Acts 1907, No. 231, § 2, p. 536; C. & M. Dig., § 6847; Pope's Dig., § 8803; A.S.A. 1947, § 51-902.
Ark. Code Ann. § 18-48-703 — AR Code / Title 18 / Chapter 48 / Subchapter 7 / Section 18-48-703
Notice of lien
Status: in_force

The rental agreement shall contain a statement, in bold type, advising the occupant: (1) Of the existence of the lien; and (2) That property stored in the leased space may be sold to satisfy the lien if the occupant is in default. Acts 1997, No. 903, § 3.

The rental agreement shall contain a statement, in bold type, advising the occupant:

(1) Of the existence of the lien; and

(2) That property stored in the leased space may be sold to satisfy the lien if the occupant is in default.

Acts 1997, No. 903, § 3.
Ark. Code Ann. § 18-27-103 — AR Code / Title 18 / Chapter 27 / Subchapter 1 / Section 18-27-103
Abandonment of personal property
Status: in_force

(a) Upon the purchase of land at a judicial sale, nonjudicial foreclosure sale, under the Arkansas Statutory Foreclosure Act, § 18-50-101 et seq., or otherwise, or a tax sale, all personal property remaining on the land or in any structure on the land shall be considered to have been abandoned if: (1) The owner of the personal property has received notice of the sale of the land and has neither removed the personal property nor notified the purchaser in writing of the owner's claim to the personal property within thirty (30) days of recording the deed commemorating the sale; or (2) (A) After the sale, the purchaser may mail to the last known mailing address of all previous occupants and post notice of the sale of the land and the owner of the personal property has not: (i) Removed the personal property; or (ii) Notified the purchaser in writing of the owner's claim to the personal property within thirty (30) days of the posting of the notice. (B) The notice shall be dated, mailed by certified mail, posted conspicuously on the land, and contain a statement that informs the owner of the personal property that all personal property not removed or claimed within the thirty (30) days of the posting date period shall be considered abandoned. (b) (1) If the owner of the personal property does not remove the personal property within thirty (30) days, but merely gives the purchaser written notice of the owner's claim, the purchaser may remove and store the personal property at the owner's expense. (2) (A) The personal property shall be stored for no more than thirty (30) days at the owner's expense. (B) If the owner of the personal property does not take possession of the personal property and pay the reasonable expense of storage within the thirty (30) days, the personal property shall be considered abandoned. (c) A purchaser of land that disposes of personal property that is considered abandoned under this section is not subject to liability or suit. (d) The following property is not personal property that may be considered abandoned under this section: (1) A manufactured home or mobile home on which a creditor or other party holds a mortgage, lien, security interest, or other encumbrance; and (2) Abandoned personal property on which a creditor or other party holds a mortgage, lien, security interest, or other encumbrance. Added by Act 2015, No. 1139,§ 1, eff. 7/22/2015.

(a) Upon the purchase of land at a judicial sale, nonjudicial foreclosure sale, under the Arkansas Statutory Foreclosure Act, § 18-50-101 et seq., or otherwise, or a tax sale, all personal property remaining on the land or in any structure on the land shall be considered to have been abandoned if: (1) The owner of the personal property has received notice of the sale of the land and has neither removed the personal property nor notified the purchaser in writing of the owner's claim to the personal property within thirty (30) days of recording the deed commemorating the sale; or (2) (A) After the sale, the purchaser may mail to the last known mailing address of all previous occupants and post notice of the sale of the land and the owner of the personal property has not: (i) Removed the personal property; or (ii) Notified the purchaser in writing of the owner's claim to the personal property within thirty (30) days of the posting of the notice. (B) The notice shall be dated, mailed by certified mail, posted conspicuously on the land, and contain a statement that informs the owner of the personal property that all personal property not removed or claimed within the thirty (30) days of the posting date period shall be considered abandoned.

(1) The owner of the personal property has received notice of the sale of the land and has neither removed the personal property nor notified the purchaser in writing of the owner's claim to the personal property within thirty (30) days of recording the deed commemorating the sale; or

(2) (A) After the sale, the purchaser may mail to the last known mailing address of all previous occupants and post notice of the sale of the land and the owner of the personal property has not: (i) Removed the personal property; or (ii) Notified the purchaser in writing of the owner's claim to the personal property within thirty (30) days of the posting of the notice. (B) The notice shall be dated, mailed by certified mail, posted conspicuously on the land, and contain a statement that informs the owner of the personal property that all personal property not removed or claimed within the thirty (30) days of the posting date period shall be considered abandoned.

(A) After the sale, the purchaser may mail to the last known mailing address of all previous occupants and post notice of the sale of the land and the owner of the personal property has not: (i) Removed the personal property; or (ii) Notified the purchaser in writing of the owner's claim to the personal property within thirty (30) days of the posting of the notice.

(i) Removed the personal property; or

(ii) Notified the purchaser in writing of the owner's claim to the personal property within thirty (30) days of the posting of the notice.

(B) The notice shall be dated, mailed by certified mail, posted conspicuously on the land, and contain a statement that informs the owner of the personal property that all personal property not removed or claimed within the thirty (30) days of the posting date period shall be considered abandoned.

(b) (1) If the owner of the personal property does not remove the personal property within thirty (30) days, but merely gives the purchaser written notice of the owner's claim, the purchaser may remove and store the personal property at the owner's expense. (2) (A) The personal property shall be stored for no more than thirty (30) days at the owner's expense. (B) If the owner of the personal property does not take possession of the personal property and pay the reasonable expense of storage within the thirty (30) days, the personal property shall be considered abandoned.

(1) If the owner of the personal property does not remove the personal property within thirty (30) days, but merely gives the purchaser written notice of the owner's claim, the purchaser may remove and store the personal property at the owner's expense.

(2) (A) The personal property shall be stored for no more than thirty (30) days at the owner's expense. (B) If the owner of the personal property does not take possession of the personal property and pay the reasonable expense of storage within the thirty (30) days, the personal property shall be considered abandoned.

(A) The personal property shall be stored for no more than thirty (30) days at the owner's expense.

(B) If the owner of the personal property does not take possession of the personal property and pay the reasonable expense of storage within the thirty (30) days, the personal property shall be considered abandoned.

(c) A purchaser of land that disposes of personal property that is considered abandoned under this section is not subject to liability or suit.

(d) The following property is not personal property that may be considered abandoned under this section: (1) A manufactured home or mobile home on which a creditor or other party holds a mortgage, lien, security interest, or other encumbrance; and (2) Abandoned personal property on which a creditor or other party holds a mortgage, lien, security interest, or other encumbrance.

(1) A manufactured home or mobile home on which a creditor or other party holds a mortgage, lien, security interest, or other encumbrance; and

(2) Abandoned personal property on which a creditor or other party holds a mortgage, lien, security interest, or other encumbrance.

Added by Act 2015, No. 1139,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 18-11-405 — AR Code / Title 18 / Chapter 11 / Subchapter 4 / Section 18-11-405
Methods of posting - Property other than forest
Status: in_force

The owner or lessee of any real property other than forest land, including cultivated land, orchards, pasture land, impoundments, or other real property, may post such real property by any of the following methods: (1) (A) By placing signs around the boundaries of the property at points no more than one thousand feet (1,000') apart and at each point of entry. (B) The signs shall bear the words "posted" or "no trespassing", or both, in letters at least four inches (4") high and shall be so placed as to be readily visible to any person approaching the property; (2) (A) By placing identifying paint marks on posts around the area to be posted. (B) Each paint mark shall be a vertical line of at least eight inches (8") in length, and the bottom of the mark shall be no less than three feet (3') nor more than five feet (5') high. (C) Such paint marks shall be placed no more than one thousand feet (1,000') apart and at each point of entry and shall be readily visible to any person approaching the property. (D) (i) The type and color of the paint to be used for posting shall be prescribed by rule by the Arkansas Forestry Commission. (ii) The commission shall not select a color that is presently being used by the timber industry in Arkansas to mark land lines or property lines; or (3) By enclosing the property with a fence sufficient under § 2-39-101 et seq. Amended by Act 2019, No. 315,§ 1684, eff. 7/24/2019. Acts 1989, No. 35, § 3; 1999, No. 1029, § 10.

The owner or lessee of any real property other than forest land, including cultivated land, orchards, pasture land, impoundments, or other real property, may post such real property by any of the following methods:

(1) (A) By placing signs around the boundaries of the property at points no more than one thousand feet (1,000') apart and at each point of entry. (B) The signs shall bear the words "posted" or "no trespassing", or both, in letters at least four inches (4") high and shall be so placed as to be readily visible to any person approaching the property;

(A) By placing signs around the boundaries of the property at points no more than one thousand feet (1,000') apart and at each point of entry.

(B) The signs shall bear the words "posted" or "no trespassing", or both, in letters at least four inches (4") high and shall be so placed as to be readily visible to any person approaching the property;

(2) (A) By placing identifying paint marks on posts around the area to be posted. (B) Each paint mark shall be a vertical line of at least eight inches (8") in length, and the bottom of the mark shall be no less than three feet (3') nor more than five feet (5') high. (C) Such paint marks shall be placed no more than one thousand feet (1,000') apart and at each point of entry and shall be readily visible to any person approaching the property. (D) (i) The type and color of the paint to be used for posting shall be prescribed by rule by the Arkansas Forestry Commission. (ii) The commission shall not select a color that is presently being used by the timber industry in Arkansas to mark land lines or property lines; or

(A) By placing identifying paint marks on posts around the area to be posted.

(B) Each paint mark shall be a vertical line of at least eight inches (8") in length, and the bottom of the mark shall be no less than three feet (3') nor more than five feet (5') high.

(C) Such paint marks shall be placed no more than one thousand feet (1,000') apart and at each point of entry and shall be readily visible to any person approaching the property.

(D) (i) The type and color of the paint to be used for posting shall be prescribed by rule by the Arkansas Forestry Commission. (ii) The commission shall not select a color that is presently being used by the timber industry in Arkansas to mark land lines or property lines; or

(i) The type and color of the paint to be used for posting shall be prescribed by rule by the Arkansas Forestry Commission.

(ii) The commission shall not select a color that is presently being used by the timber industry in Arkansas to mark land lines or property lines; or

(3) By enclosing the property with a fence sufficient under § 2-39-101 et seq.

Amended by Act 2019, No. 315,§ 1684, eff. 7/24/2019.

Acts 1989, No. 35, § 3; 1999, No. 1029, § 10.
Ark. Code Ann. § 18-13-118 — AR Code / Title 18 / Chapter 13 / Section 18-13-118
Application of insurance proceeds to reconstruction
Status: in_force

(a) In case of fire or any other disaster, the insurance indemnity shall, except as provided in subsection (b) of this section, be applied to reconstruct the building. (b) Reconstruction shall not be compulsory when it comprises the whole or more than two-thirds (2/3) of the building. In such case, and unless otherwise unanimously agreed upon by the co-owners, the indemnity shall be delivered pro rata to the co-owners entitled to it in accordance with provision made in the bylaws or in accordance with a decision of three-fourths (¾) of the co-owners if there is no bylaw provision. (c) Should it be proper to proceed with the reconstruction, the provisions for such eventuality made in the bylaws shall be observed, or in lieu thereof the decision of the council of co-owners shall prevail. Acts 1961 (1st Ex. Sess.), No. 60, § 21; A.S.A. 1947, § 50-1021.

(a) In case of fire or any other disaster, the insurance indemnity shall, except as provided in subsection (b) of this section, be applied to reconstruct the building.

(b) Reconstruction shall not be compulsory when it comprises the whole or more than two-thirds (2/3) of the building. In such case, and unless otherwise unanimously agreed upon by the co-owners, the indemnity shall be delivered pro rata to the co-owners entitled to it in accordance with provision made in the bylaws or in accordance with a decision of three-fourths (¾) of the co-owners if there is no bylaw provision.

(c) Should it be proper to proceed with the reconstruction, the provisions for such eventuality made in the bylaws shall be observed, or in lieu thereof the decision of the council of co-owners shall prevail.

Acts 1961 (1st Ex. Sess.), No. 60, § 21; A.S.A. 1947, § 50-1021.
Ark. Code Ann. § 18-12-503 — AR Code / Title 18 / Chapter 12 / Subchapter 5 / Section 18-12-503
Relinquishment of dower, curtesy, and homestead rights
Status: in_force

(a) By joining with his or her spouse in the execution of power of attorney, or by separate instrument, a married person may appoint an agent or attorney in fact and authorize him or her, for and in the person's name and stead, to relinquish all rights and possibility of dower, curtesy, and homestead to a spouse's grantee, lessee, or mortgagee in any lands, oil, gas, mineral, or timber and to execute for the person such relinquishment of dower, curtesy, and homestead in any oil and gas lease or assignment thereof, mineral deed, timber deed, royalty contract, mortgage, or contract for the sale of any land, timber, or minerals, or any interest therein, owned by a spouse and conveyed by the spouse to the grantee. (b) (1) The act of an agent or attorney in fact, when authorized by properly executed and recorded power of attorney, in so relinquishing dower, curtesy, and homestead of a married person by joining in any deed, lease, conveyance of minerals, royalty contract, or other contract for the sale of any lands or lease of any lands for developing its minerals, or any interest therein, or the assignment of any oil and gas lease or interest therein shall be as effectual and binding as if the instrument or instruments had been executed in the first instance by the married person. (2) The relinquishment by the attorney in fact may be by separate instrument or by the attorney in fact joining with the spouse in the execution of one (1) or more conveyances. Acts 1939, No. 27, § 1; 1981, No. 714, § 7; A.S.A. 1947, § 50-425.

(a) By joining with his or her spouse in the execution of power of attorney, or by separate instrument, a married person may appoint an agent or attorney in fact and authorize him or her, for and in the person's name and stead, to relinquish all rights and possibility of dower, curtesy, and homestead to a spouse's grantee, lessee, or mortgagee in any lands, oil, gas, mineral, or timber and to execute for the person such relinquishment of dower, curtesy, and homestead in any oil and gas lease or assignment thereof, mineral deed, timber deed, royalty contract, mortgage, or contract for the sale of any land, timber, or minerals, or any interest therein, owned by a spouse and conveyed by the spouse to the grantee.

(b) (1) The act of an agent or attorney in fact, when authorized by properly executed and recorded power of attorney, in so relinquishing dower, curtesy, and homestead of a married person by joining in any deed, lease, conveyance of minerals, royalty contract, or other contract for the sale of any lands or lease of any lands for developing its minerals, or any interest therein, or the assignment of any oil and gas lease or interest therein shall be as effectual and binding as if the instrument or instruments had been executed in the first instance by the married person. (2) The relinquishment by the attorney in fact may be by separate instrument or by the attorney in fact joining with the spouse in the execution of one (1) or more conveyances.

(1) The act of an agent or attorney in fact, when authorized by properly executed and recorded power of attorney, in so relinquishing dower, curtesy, and homestead of a married person by joining in any deed, lease, conveyance of minerals, royalty contract, or other contract for the sale of any lands or lease of any lands for developing its minerals, or any interest therein, or the assignment of any oil and gas lease or interest therein shall be as effectual and binding as if the instrument or instruments had been executed in the first instance by the married person.

(2) The relinquishment by the attorney in fact may be by separate instrument or by the attorney in fact joining with the spouse in the execution of one (1) or more conveyances.

Acts 1939, No. 27, § 1; 1981, No. 714, § 7; A.S.A. 1947, § 50-425.
Ark. Code Ann. § 18-15-908 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-908
Proceedings and report of viewers
Status: in_force

(a) (1) It shall be the duty of the viewers to meet at the time and place specified in the order or within five (5) days thereafter. (2) (A) After taking an oath or affirmation faithfully and impartially to discharge the duties of their appointments respectively, the viewers shall take to their assistance a surveyor and proceed to view, survey, lay out, and establish the public landing as prayed for in the petition, or as near the same as in their opinion a good public landing can be established and maintained at reasonable expense. (B) The viewers shall take into consideration the ground, convenience and inconvenience, and expense which will result to individuals as well as to the public if the public landing shall be established as petitioned. (b) The viewers shall assess and determine the damages sustained by any person on whose premises the public landing is proposed to be established. (c) The viewers shall make and sign a report, in writing, stating their opinion in favor of or against the establishment of the public landing, which shall set forth the reason for their opinion. The report shall: (1) Give a description and boundaries of the public landing, so that it can be readily found and located; (2) State the value of the property sought to be appropriated for the establishment of the public landing; and (3) State the amount of damages if any, and to whom due, which by them have been assessed and which would accrue by the establishment of the public landing. Acts 1909, No. 307, §§ 9-11, p. 916; C. & M. Dig., §§ 4066-4068; Pope's Dig., §§ 5069-5071; A.S.A. 1947, §§ 35-1009 -- 35-1011.

(a) (1) It shall be the duty of the viewers to meet at the time and place specified in the order or within five (5) days thereafter. (2) (A) After taking an oath or affirmation faithfully and impartially to discharge the duties of their appointments respectively, the viewers shall take to their assistance a surveyor and proceed to view, survey, lay out, and establish the public landing as prayed for in the petition, or as near the same as in their opinion a good public landing can be established and maintained at reasonable expense. (B) The viewers shall take into consideration the ground, convenience and inconvenience, and expense which will result to individuals as well as to the public if the public landing shall be established as petitioned.

(1) It shall be the duty of the viewers to meet at the time and place specified in the order or within five (5) days thereafter.

(2) (A) After taking an oath or affirmation faithfully and impartially to discharge the duties of their appointments respectively, the viewers shall take to their assistance a surveyor and proceed to view, survey, lay out, and establish the public landing as prayed for in the petition, or as near the same as in their opinion a good public landing can be established and maintained at reasonable expense. (B) The viewers shall take into consideration the ground, convenience and inconvenience, and expense which will result to individuals as well as to the public if the public landing shall be established as petitioned.

(A) After taking an oath or affirmation faithfully and impartially to discharge the duties of their appointments respectively, the viewers shall take to their assistance a surveyor and proceed to view, survey, lay out, and establish the public landing as prayed for in the petition, or as near the same as in their opinion a good public landing can be established and maintained at reasonable expense.

(B) The viewers shall take into consideration the ground, convenience and inconvenience, and expense which will result to individuals as well as to the public if the public landing shall be established as petitioned.

(b) The viewers shall assess and determine the damages sustained by any person on whose premises the public landing is proposed to be established.

(c) The viewers shall make and sign a report, in writing, stating their opinion in favor of or against the establishment of the public landing, which shall set forth the reason for their opinion. The report shall: (1) Give a description and boundaries of the public landing, so that it can be readily found and located; (2) State the value of the property sought to be appropriated for the establishment of the public landing; and (3) State the amount of damages if any, and to whom due, which by them have been assessed and which would accrue by the establishment of the public landing.

(1) Give a description and boundaries of the public landing, so that it can be readily found and located;

(2) State the value of the property sought to be appropriated for the establishment of the public landing; and

(3) State the amount of damages if any, and to whom due, which by them have been assessed and which would accrue by the establishment of the public landing.

Acts 1909, No. 307, §§ 9-11, p. 916; C. & M. Dig., §§ 4066-4068; Pope's Dig., §§ 5069-5071; A.S.A. 1947, §§ 35-1009 -- 35-1011.
Ark. Code Ann. § 18-44-123 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-123
Parties to suits
Status: in_force

In all suits under this subchapter, the parties to the contract and all other persons interested in the controversy and in the property charged with the lien may be made parties to the suit. Those that are not made parties shall not be bound by the proceedings. Acts 1895, No. 146, § 19, p. 217; C. & M. Dig., § 6928; Pope's Dig., § 8890; A.S.A. 1947, § 51-618.

In all suits under this subchapter, the parties to the contract and all other persons interested in the controversy and in the property charged with the lien may be made parties to the suit. Those that are not made parties shall not be bound by the proceedings.

Acts 1895, No. 146, § 19, p. 217; C. & M. Dig., § 6928; Pope's Dig., § 8890; A.S.A. 1947, § 51-618.
Ark. Code Ann. § 18-17-101 — AR Code / Title 18 / Chapter 17 / Subchapter 1 / Section 18-17-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Residential Landlord - Tenant Act of 2007". Acts 2007, No. 1004, § 1.

This chapter shall be known and may be cited as the "Arkansas Residential Landlord - Tenant Act of 2007".

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-27-202 — AR Code / Title 18 / Chapter 27 / Subchapter 2 / Section 18-27-202
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1464,§ 1, eff. 8/16/2013. Acts 1961, No. 86, § 2; A.S.A. 1947, § 67-1131.

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

Acts 1961, No. 86, § 2; A.S.A. 1947, § 67-1131.
Ark. Code Ann. § 18-15-905 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-905
Appointment and function of viewers
Status: in_force

(a) On presentation of the petition and proof of notice of publication as provided in § 18-15-902 , and the county court being satisfied that proper notice has been given in accordance with the provisions of § 18-15-907 , the court shall appoint three (3) disinterested citizens of the county as viewers. (b) The viewers shall be a jury to assess and determine the compensation to be paid in money for the property sought to be appropriated without deduction for benefits to any property of the owner. They shall also assess and determine what damage the owner of the land where the public landing is to be established shall suffer by the establishment of the landing. Acts 1909, No. 307, § 5, p. 916; C. & M. Dig., § 4062; Pope's Dig., § 5065; A.S.A. 1947, § 35-1005.

(a) On presentation of the petition and proof of notice of publication as provided in § 18-15-902 , and the county court being satisfied that proper notice has been given in accordance with the provisions of § 18-15-907 , the court shall appoint three (3) disinterested citizens of the county as viewers.

(b) The viewers shall be a jury to assess and determine the compensation to be paid in money for the property sought to be appropriated without deduction for benefits to any property of the owner. They shall also assess and determine what damage the owner of the land where the public landing is to be established shall suffer by the establishment of the landing.

Acts 1909, No. 307, § 5, p. 916; C. & M. Dig., § 4062; Pope's Dig., § 5065; A.S.A. 1947, § 35-1005.
Ark. Code Ann. § 18-11-802 — AR Code / Title 18 / Chapter 11 / Subchapter 8 / Section 18-11-802
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Agricultural land" means any Arkansas land which is outside the corporate limits of a municipality and is: (i) Used for forestry production, including without limitation land exceeding ten (10) acres in which ten percent (10%) of the land is stocked by trees of any size, including land that formerly had trees of any size covering the land that will be naturally or artificially regenerated; or (ii) Currently used for, or, if currently idle, land last used within the past five (5) years, for farming, ranching, or timber production, except land not exceeding ten (10) acres in the aggregate, if the annual gross receipts from the sale of the farm, ranch, or timber products produced on the land do not exceed one thousand dollars ($1,000), including without limitation land used for activities described in the Standard Industrial Classification Manual (1987), Division A, exclusive of industry numbers 0711-0783, 0851, and 0912-0919 which cover animal trapping, game management, hunting carried on as a business enterprise, trapping carried on as a business enterprise, and wildlife management. (B) "Agricultural land" does not include oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land; (2) "Foreign government" means the same as provided by § 2-3-102 ; (3) "Interest in agricultural land" means all direct interest acquired, transferred, or held in agricultural land, including without limitation a lease of agricultural land: (A) For a term of one (1) year or longer; or (B) Renewable by option for terms which, if the options were all exercised, would total one (1) year; (4) "Party" means the same as provided by § 2-3-102 ; (5) "Prohibited foreign party" means: (A) A citizen or resident of a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1 ; (B) A foreign government formed within a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1 ; (C) A party other than an individual or a government, that is created or organized under the laws of a foreign government within a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1 ; (D) Any party other than an individual or a government: (i) That is created or organized under the laws of any state; and (ii) In which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by: (a) An individual referred to in subdivision (5)(A) of this section; (b) A foreign government referred to in subdivision (5)(B) of this section; (c) A party referred to in subdivision (5)(C) of this section; or (d) A combination of the individuals, parties, or governments referred to in this subdivision (5)(D)(ii); (E) An Entity of Particular Concern designated by the United States Department of State; or (F) An agent, trustee, or other fiduciary of a person or entity enumerated in subdivisions (5)(A)-(E) of this section; (6) "Residence" means a person's principal dwelling place where the person intends to remain permanently for an indefinite period of time; (7) "Resident alien" means a person who: (A) Is not a citizen of the United States; and (B) Is a resident of a: (i) State of the United States; (ii) Territory of the United States; (iii) Trusteeship of the United States; or (iv) Protectorate of the United States; and (8) "Significant interest" or "substantial control" means: (A) An interest of thirty-three percent (33%) or more held by: (i) A party referred to in subdivision (5)(D) of this section; (ii) An individual referred to in subdivision (5)(A) of this section; (iii) A party referred to in subdivision (5)(C) of this section; or (iv) A single government referred to in subdivision (5)(B) of this section; (B) An interest of thirty-three percent (33%) or more held whenever the parties, individuals, or governments referred to in subdivision (5) of this section are acting in concert with respect to the interest even though no single individual, party, or government holds an interest of thirty-three percent (33%) or more; or (C) An interest of fifty percent (50%) or more, in the aggregate, held by parties, individuals, or governments referred to in subdivision (5) of this section even though the individuals, parties, or foreign governments may not be acting in concert. Added by Act 2023, No. 636,§ 3, eff. 8/1/2023.

As used in this subchapter:

(1) (A) "Agricultural land" means any Arkansas land which is outside the corporate limits of a municipality and is: (i) Used for forestry production, including without limitation land exceeding ten (10) acres in which ten percent (10%) of the land is stocked by trees of any size, including land that formerly had trees of any size covering the land that will be naturally or artificially regenerated; or (ii) Currently used for, or, if currently idle, land last used within the past five (5) years, for farming, ranching, or timber production, except land not exceeding ten (10) acres in the aggregate, if the annual gross receipts from the sale of the farm, ranch, or timber products produced on the land do not exceed one thousand dollars ($1,000), including without limitation land used for activities described in the Standard Industrial Classification Manual (1987), Division A, exclusive of industry numbers 0711-0783, 0851, and 0912-0919 which cover animal trapping, game management, hunting carried on as a business enterprise, trapping carried on as a business enterprise, and wildlife management. (B) "Agricultural land" does not include oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land;

(A) "Agricultural land" means any Arkansas land which is outside the corporate limits of a municipality and is: (i) Used for forestry production, including without limitation land exceeding ten (10) acres in which ten percent (10%) of the land is stocked by trees of any size, including land that formerly had trees of any size covering the land that will be naturally or artificially regenerated; or (ii) Currently used for, or, if currently idle, land last used within the past five (5) years, for farming, ranching, or timber production, except land not exceeding ten (10) acres in the aggregate, if the annual gross receipts from the sale of the farm, ranch, or timber products produced on the land do not exceed one thousand dollars ($1,000), including without limitation land used for activities described in the Standard Industrial Classification Manual (1987), Division A, exclusive of industry numbers 0711-0783, 0851, and 0912-0919 which cover animal trapping, game management, hunting carried on as a business enterprise, trapping carried on as a business enterprise, and wildlife management.

(i) Used for forestry production, including without limitation land exceeding ten (10) acres in which ten percent (10%) of the land is stocked by trees of any size, including land that formerly had trees of any size covering the land that will be naturally or artificially regenerated; or

(ii) Currently used for, or, if currently idle, land last used within the past five (5) years, for farming, ranching, or timber production, except land not exceeding ten (10) acres in the aggregate, if the annual gross receipts from the sale of the farm, ranch, or timber products produced on the land do not exceed one thousand dollars ($1,000), including without limitation land used for activities described in the Standard Industrial Classification Manual (1987), Division A, exclusive of industry numbers 0711-0783, 0851, and 0912-0919 which cover animal trapping, game management, hunting carried on as a business enterprise, trapping carried on as a business enterprise, and wildlife management.

(B) "Agricultural land" does not include oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land;

(2) "Foreign government" means the same as provided by § 2-3-102 ;

(3) "Interest in agricultural land" means all direct interest acquired, transferred, or held in agricultural land, including without limitation a lease of agricultural land: (A) For a term of one (1) year or longer; or (B) Renewable by option for terms which, if the options were all exercised, would total one (1) year;

(A) For a term of one (1) year or longer; or

(B) Renewable by option for terms which, if the options were all exercised, would total one (1) year;

(4) "Party" means the same as provided by § 2-3-102 ;

(5) "Prohibited foreign party" means: (A) A citizen or resident of a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1 ; (B) A foreign government formed within a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1 ; (C) A party other than an individual or a government, that is created or organized under the laws of a foreign government within a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1 ; (D) Any party other than an individual or a government: (i) That is created or organized under the laws of any state; and (ii) In which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by: (a) An individual referred to in subdivision (5)(A) of this section; (b) A foreign government referred to in subdivision (5)(B) of this section; (c) A party referred to in subdivision (5)(C) of this section; or (d) A combination of the individuals, parties, or governments referred to in this subdivision (5)(D)(ii); (E) An Entity of Particular Concern designated by the United States Department of State; or (F) An agent, trustee, or other fiduciary of a person or entity enumerated in subdivisions (5)(A)-(E) of this section;

(A) A citizen or resident of a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1 ;

(B) A foreign government formed within a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1 ;

(C) A party other than an individual or a government, that is created or organized under the laws of a foreign government within a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1 ;

(D) Any party other than an individual or a government: (i) That is created or organized under the laws of any state; and (ii) In which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by: (a) An individual referred to in subdivision (5)(A) of this section; (b) A foreign government referred to in subdivision (5)(B) of this section; (c) A party referred to in subdivision (5)(C) of this section; or (d) A combination of the individuals, parties, or governments referred to in this subdivision (5)(D)(ii);

(i) That is created or organized under the laws of any state; and

(ii) In which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by: (a) An individual referred to in subdivision (5)(A) of this section; (b) A foreign government referred to in subdivision (5)(B) of this section; (c) A party referred to in subdivision (5)(C) of this section; or (d) A combination of the individuals, parties, or governments referred to in this subdivision (5)(D)(ii);

(a) An individual referred to in subdivision (5)(A) of this section;

(b) A foreign government referred to in subdivision (5)(B) of this section;

(c) A party referred to in subdivision (5)(C) of this section; or

(d) A combination of the individuals, parties, or governments referred to in this subdivision (5)(D)(ii);

(E) An Entity of Particular Concern designated by the United States Department of State; or

(F) An agent, trustee, or other fiduciary of a person or entity enumerated in subdivisions (5)(A)-(E) of this section;

(6) "Residence" means a person's principal dwelling place where the person intends to remain permanently for an indefinite period of time;

(7) "Resident alien" means a person who: (A) Is not a citizen of the United States; and (B) Is a resident of a: (i) State of the United States; (ii) Territory of the United States; (iii) Trusteeship of the United States; or (iv) Protectorate of the United States; and

(A) Is not a citizen of the United States; and

(B) Is a resident of a: (i) State of the United States; (ii) Territory of the United States; (iii) Trusteeship of the United States; or (iv) Protectorate of the United States; and

(i) State of the United States;

(ii) Territory of the United States;

(iii) Trusteeship of the United States; or

(iv) Protectorate of the United States; and

(8) "Significant interest" or "substantial control" means: (A) An interest of thirty-three percent (33%) or more held by: (i) A party referred to in subdivision (5)(D) of this section; (ii) An individual referred to in subdivision (5)(A) of this section; (iii) A party referred to in subdivision (5)(C) of this section; or (iv) A single government referred to in subdivision (5)(B) of this section; (B) An interest of thirty-three percent (33%) or more held whenever the parties, individuals, or governments referred to in subdivision (5) of this section are acting in concert with respect to the interest even though no single individual, party, or government holds an interest of thirty-three percent (33%) or more; or (C) An interest of fifty percent (50%) or more, in the aggregate, held by parties, individuals, or governments referred to in subdivision (5) of this section even though the individuals, parties, or foreign governments may not be acting in concert.

(A) An interest of thirty-three percent (33%) or more held by: (i) A party referred to in subdivision (5)(D) of this section; (ii) An individual referred to in subdivision (5)(A) of this section; (iii) A party referred to in subdivision (5)(C) of this section; or (iv) A single government referred to in subdivision (5)(B) of this section;

(i) A party referred to in subdivision (5)(D) of this section;

(ii) An individual referred to in subdivision (5)(A) of this section;

(iii) A party referred to in subdivision (5)(C) of this section; or

(iv) A single government referred to in subdivision (5)(B) of this section;

(B) An interest of thirty-three percent (33%) or more held whenever the parties, individuals, or governments referred to in subdivision (5) of this section are acting in concert with respect to the interest even though no single individual, party, or government holds an interest of thirty-three percent (33%) or more; or

(C) An interest of fifty percent (50%) or more, in the aggregate, held by parties, individuals, or governments referred to in subdivision (5) of this section even though the individuals, parties, or foreign governments may not be acting in concert.

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

This chapter may be cited as the Statutory Rule Against Perpetuities. Amended by Act 2023, No. 719,§ 4, eff. 8/1/2023. Acts 2007, No. 240, § 1.

This chapter may be cited as the Statutory Rule Against Perpetuities.

Amended by Act 2023, No. 719,§ 4, eff. 8/1/2023.

Acts 2007, No. 240, § 1.