Ark. Code Ann. § 18-15-1503 — AR Code / Title 18 / Chapter 15 / Subchapter 15 / Section 18-15-1503
Federal housing projects - Right of eminent domain
Status: in_force

(a) (1) Any corporation which is an agency of the United States of America shall have the right to acquire by eminent domain any real property, including improvements and fixtures thereon, which it may deem necessary for a housing project being constructed, operated, or aided by it or the United States of America. (2) Any corporation borrowing money or receiving other financial assistance from the United States of America, or any agency thereof, for the purpose of financing the construction or operation of any housing project, the operation of which will be subject to public supervision or regulation, shall have the right to acquire by eminent domain any real property, including fixtures and improvements thereon, which it may deem necessary for the project. (3) A housing project shall be deemed to be subject to public supervision or regulation within the meaning of this section, § 18-15-1501 , and § 18-15-1502 if the rents to be charged are in any way subject to the supervision, regulation, or approval of the United States of America, the state or any of their subdivisions or agencies, or by a housing authority, city, municipality, or county, whether the right to supervise, regulate, or approve is by virtue of any law, statute, contract, or otherwise. (b) Any corporate agency of the United States of America or any such corporation, upon the adoption of a resolution declaring that the acquisition of the property described therein is in the public interest and necessary for public use, may exercise the power of eminent domain: (1) In the manner now provided for taking private property for rights-of-way for railroads as provided by §§ 18-15-1202 - 18-15-1207 ; (2) In the manner provided for condemnation by municipal corporations and counties as provided by §§ 18-15-301 - 18-15-307 ; or (3) Pursuant to any other applicable statutory provision enacted for the exercise of the power of eminent domain. Acts 1935, No. 177, § 3; Pope's Dig., § 5085; A.S.A. 1947, § 35-1303.

(a) (1) Any corporation which is an agency of the United States of America shall have the right to acquire by eminent domain any real property, including improvements and fixtures thereon, which it may deem necessary for a housing project being constructed, operated, or aided by it or the United States of America. (2) Any corporation borrowing money or receiving other financial assistance from the United States of America, or any agency thereof, for the purpose of financing the construction or operation of any housing project, the operation of which will be subject to public supervision or regulation, shall have the right to acquire by eminent domain any real property, including fixtures and improvements thereon, which it may deem necessary for the project. (3) A housing project shall be deemed to be subject to public supervision or regulation within the meaning of this section, § 18-15-1501 , and § 18-15-1502 if the rents to be charged are in any way subject to the supervision, regulation, or approval of the United States of America, the state or any of their subdivisions or agencies, or by a housing authority, city, municipality, or county, whether the right to supervise, regulate, or approve is by virtue of any law, statute, contract, or otherwise.

(1) Any corporation which is an agency of the United States of America shall have the right to acquire by eminent domain any real property, including improvements and fixtures thereon, which it may deem necessary for a housing project being constructed, operated, or aided by it or the United States of America.

(2) Any corporation borrowing money or receiving other financial assistance from the United States of America, or any agency thereof, for the purpose of financing the construction or operation of any housing project, the operation of which will be subject to public supervision or regulation, shall have the right to acquire by eminent domain any real property, including fixtures and improvements thereon, which it may deem necessary for the project.

(3) A housing project shall be deemed to be subject to public supervision or regulation within the meaning of this section, § 18-15-1501 , and § 18-15-1502 if the rents to be charged are in any way subject to the supervision, regulation, or approval of the United States of America, the state or any of their subdivisions or agencies, or by a housing authority, city, municipality, or county, whether the right to supervise, regulate, or approve is by virtue of any law, statute, contract, or otherwise.

(b) Any corporate agency of the United States of America or any such corporation, upon the adoption of a resolution declaring that the acquisition of the property described therein is in the public interest and necessary for public use, may exercise the power of eminent domain: (1) In the manner now provided for taking private property for rights-of-way for railroads as provided by §§ 18-15-1202 - 18-15-1207 ; (2) In the manner provided for condemnation by municipal corporations and counties as provided by §§ 18-15-301 - 18-15-307 ; or (3) Pursuant to any other applicable statutory provision enacted for the exercise of the power of eminent domain.

(1) In the manner now provided for taking private property for rights-of-way for railroads as provided by §§ 18-15-1202 - 18-15-1207 ;

(2) In the manner provided for condemnation by municipal corporations and counties as provided by §§ 18-15-301 - 18-15-307 ; or

(3) Pursuant to any other applicable statutory provision enacted for the exercise of the power of eminent domain.

Acts 1935, No. 177, § 3; Pope's Dig., § 5085; A.S.A. 1947, § 35-1303.
Ark. Code Ann. § 18-48-803 — AR Code / Title 18 / Chapter 48 / Subchapter 8 / Section 18-48-803
Lien upon personal property
Status: in_force

(a) (1) A principal broker has a lien in the amount that the owner has agreed to pay the principal broker or real estate firm under a representation agreement upon: (A) The owner's net proceeds from the disposition of commercial real estate; and (B) The net rental proceeds from the lease of commercial real estate. (2) A lien created under subdivision (a)(1) of this section: (A) Encumbers only personal property; (B) Does not encumber real property; and (C) May: (i) Be asserted only by the principal broker identified in the representation agreement; and (ii) Not be assigned voluntarily or by operation of law. (b) (1) Subject to the requirements of subdivisions (b)(2) and (3) of this section, a lien created under subdivision (a)(1) of this section is: (A) Effective on the date of the recording of a notice of claim of lien upon proceeds in accordance with subdivision (b)(2) of this section; and (B) Perfected by recording the notice of claim of lien upon proceeds with the circuit clerk in the county or counties in which the commercial real estate is located. (2) (A) A lien created as the result of a disposition of commercial real estate is not effective unless it is recorded before the deed conveying the commercial real estate is recorded in the office of the circuit clerk in the county or counties in which the commercial real estate is located. (B) On or before the date the deed conveying the commercial real estate is recorded, the principal broker shall deliver a copy of the notice of claim of lien against proceeds to the escrow closing agent closing the disposition of commercial real estate in the manner provided in § 18-48-806 if the identity of the escrow closing agent is known by the principal broker. (3) A lien created as the result of a lease of commercial real estate is: (A) Not effective unless it is recorded within ninety (90) days after: (i) The tenant takes possession of the leased commercial real estate; or (ii) For a renewal of a lease of commercial real estate, the commencement date of the renewal lease term; and (B) Null and void unless the principal broker delivers a copy of the notice of claim of lien against proceeds to the owner of the commercial real estate in the manner provided in § 18-48-806 within ten (10) days of recording the principal broker's notice of claim of lien against proceeds. Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.

(a) (1) A principal broker has a lien in the amount that the owner has agreed to pay the principal broker or real estate firm under a representation agreement upon: (A) The owner's net proceeds from the disposition of commercial real estate; and (B) The net rental proceeds from the lease of commercial real estate. (2) A lien created under subdivision (a)(1) of this section: (A) Encumbers only personal property; (B) Does not encumber real property; and (C) May: (i) Be asserted only by the principal broker identified in the representation agreement; and (ii) Not be assigned voluntarily or by operation of law.

(1) A principal broker has a lien in the amount that the owner has agreed to pay the principal broker or real estate firm under a representation agreement upon: (A) The owner's net proceeds from the disposition of commercial real estate; and (B) The net rental proceeds from the lease of commercial real estate.

(A) The owner's net proceeds from the disposition of commercial real estate; and

(B) The net rental proceeds from the lease of commercial real estate.

(2) A lien created under subdivision (a)(1) of this section: (A) Encumbers only personal property; (B) Does not encumber real property; and (C) May: (i) Be asserted only by the principal broker identified in the representation agreement; and (ii) Not be assigned voluntarily or by operation of law.

(A) Encumbers only personal property;

(B) Does not encumber real property; and

(C) May: (i) Be asserted only by the principal broker identified in the representation agreement; and (ii) Not be assigned voluntarily or by operation of law.

(i) Be asserted only by the principal broker identified in the representation agreement; and

(ii) Not be assigned voluntarily or by operation of law.

(b) (1) Subject to the requirements of subdivisions (b)(2) and (3) of this section, a lien created under subdivision (a)(1) of this section is: (A) Effective on the date of the recording of a notice of claim of lien upon proceeds in accordance with subdivision (b)(2) of this section; and (B) Perfected by recording the notice of claim of lien upon proceeds with the circuit clerk in the county or counties in which the commercial real estate is located. (2) (A) A lien created as the result of a disposition of commercial real estate is not effective unless it is recorded before the deed conveying the commercial real estate is recorded in the office of the circuit clerk in the county or counties in which the commercial real estate is located. (B) On or before the date the deed conveying the commercial real estate is recorded, the principal broker shall deliver a copy of the notice of claim of lien against proceeds to the escrow closing agent closing the disposition of commercial real estate in the manner provided in § 18-48-806 if the identity of the escrow closing agent is known by the principal broker. (3) A lien created as the result of a lease of commercial real estate is: (A) Not effective unless it is recorded within ninety (90) days after: (i) The tenant takes possession of the leased commercial real estate; or (ii) For a renewal of a lease of commercial real estate, the commencement date of the renewal lease term; and (B) Null and void unless the principal broker delivers a copy of the notice of claim of lien against proceeds to the owner of the commercial real estate in the manner provided in § 18-48-806 within ten (10) days of recording the principal broker's notice of claim of lien against proceeds.

(1) Subject to the requirements of subdivisions (b)(2) and (3) of this section, a lien created under subdivision (a)(1) of this section is: (A) Effective on the date of the recording of a notice of claim of lien upon proceeds in accordance with subdivision (b)(2) of this section; and (B) Perfected by recording the notice of claim of lien upon proceeds with the circuit clerk in the county or counties in which the commercial real estate is located.

(A) Effective on the date of the recording of a notice of claim of lien upon proceeds in accordance with subdivision (b)(2) of this section; and

(B) Perfected by recording the notice of claim of lien upon proceeds with the circuit clerk in the county or counties in which the commercial real estate is located.

(2) (A) A lien created as the result of a disposition of commercial real estate is not effective unless it is recorded before the deed conveying the commercial real estate is recorded in the office of the circuit clerk in the county or counties in which the commercial real estate is located. (B) On or before the date the deed conveying the commercial real estate is recorded, the principal broker shall deliver a copy of the notice of claim of lien against proceeds to the escrow closing agent closing the disposition of commercial real estate in the manner provided in § 18-48-806 if the identity of the escrow closing agent is known by the principal broker.

(A) A lien created as the result of a disposition of commercial real estate is not effective unless it is recorded before the deed conveying the commercial real estate is recorded in the office of the circuit clerk in the county or counties in which the commercial real estate is located.

(B) On or before the date the deed conveying the commercial real estate is recorded, the principal broker shall deliver a copy of the notice of claim of lien against proceeds to the escrow closing agent closing the disposition of commercial real estate in the manner provided in § 18-48-806 if the identity of the escrow closing agent is known by the principal broker.

(3) A lien created as the result of a lease of commercial real estate is: (A) Not effective unless it is recorded within ninety (90) days after: (i) The tenant takes possession of the leased commercial real estate; or (ii) For a renewal of a lease of commercial real estate, the commencement date of the renewal lease term; and (B) Null and void unless the principal broker delivers a copy of the notice of claim of lien against proceeds to the owner of the commercial real estate in the manner provided in § 18-48-806 within ten (10) days of recording the principal broker's notice of claim of lien against proceeds.

(A) Not effective unless it is recorded within ninety (90) days after: (i) The tenant takes possession of the leased commercial real estate; or (ii) For a renewal of a lease of commercial real estate, the commencement date of the renewal lease term; and

(i) The tenant takes possession of the leased commercial real estate; or

(ii) For a renewal of a lease of commercial real estate, the commencement date of the renewal lease term; and

(B) Null and void unless the principal broker delivers a copy of the notice of claim of lien against proceeds to the owner of the commercial real estate in the manner provided in § 18-48-806 within ten (10) days of recording the principal broker's notice of claim of lien against proceeds.

Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.
Ark. Code Ann. § 18-60-804 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-804
Petition for recovery of personal property
Status: in_force

(a) In all cases in this state wherein a party claims a right of possession of property in the possession of another, the party may apply to the circuit court or the district court for issuance of an order of delivery of the property. The application shall be by petition, signed by the party or his or her attorney, and shall set forth the reasons the issuance of the order of delivery is necessary. (b) The petition may be presented to the circuit judge, who is empowered to hear it in any county of the district he or she serves, and he or she may issue an order giving notice of hearing to be held in any county in his or her district. (c) The petition may be brought in the district court at the election of the party so filing, and the district court shall have authority to give notice and hear the petition in the same manner as the circuit court. (d) If the petition recites facts which, if established by proof, support the existence of a right of possession in the petitioner, an order shall be issued, directing the party against whom the order of delivery is sought to appear before the judge issuing the order and show cause why the order of delivery should not be issued and the property seized and delivered to the petitioner. Acts 1973, No. 144, § 1; A.S.A. 1947, § 34-2119.

(a) In all cases in this state wherein a party claims a right of possession of property in the possession of another, the party may apply to the circuit court or the district court for issuance of an order of delivery of the property. The application shall be by petition, signed by the party or his or her attorney, and shall set forth the reasons the issuance of the order of delivery is necessary.

(b) The petition may be presented to the circuit judge, who is empowered to hear it in any county of the district he or she serves, and he or she may issue an order giving notice of hearing to be held in any county in his or her district.

(c) The petition may be brought in the district court at the election of the party so filing, and the district court shall have authority to give notice and hear the petition in the same manner as the circuit court.

(d) If the petition recites facts which, if established by proof, support the existence of a right of possession in the petitioner, an order shall be issued, directing the party against whom the order of delivery is sought to appear before the judge issuing the order and show cause why the order of delivery should not be issued and the property seized and delivered to the petitioner.

Acts 1973, No. 144, § 1; A.S.A. 1947, § 34-2119.
Ark. Code Ann. § 18-11-302 — AR Code / Title 18 / Chapter 11 / Subchapter 3 / Section 18-11-302
Definitions
Status: in_force

As used in this subchapter: (1) "Aviation" means taking off, flying, or landing an airplane or aircraft; (2) "Charge" means an admission fee for permission to go upon or use the land, but does not include: (A) The sharing of game, fish, or other products of recreational use; or (B) Contributions in kind, services, or cash paid to reduce or offset costs and eliminate losses from recreational use; (3) "Land" means land, roads, water, watercourses, airstrips, private ways and buildings, structures, and machinery or equipment when attached to the realty; (4) (A) "Malicious" means an intentional act of misconduct that the actor is aware is likely to result in harm. (B) "Malicious" does not mean negligent or reckless conduct; (5) "Owner" means the possessor of a fee interest, a tenant, lessee, holder of a conservation easement as defined in § 15-20-402 , occupant, or person in control of the premises; (6) "Public" and "person" includes the Young Men's Christian Association, Young Women's Christian Association, Boy Scouts of America, Girl Scouts of the United States of America, Boys and Girls Clubs of America, churches, religious organizations, fraternal organizations, and other similar organizations; and (7) "Recreational purpose" includes, but is not limited to, any of the following or any combination thereof: (A) Hunting; (B) Fishing; (C) Swimming; (D) Boating; (E) Camping; (F) Picnicking; (G) Hiking; (H) Pleasure driving; (I) Nature study; (J) Water skiing; (K) Winter sports; (L) Spelunking; (M) Aviation; (N) Viewing or enjoying historical, archeological, scenic, or scientific sites; and (O) Any other activity undertaken for exercise, education, relaxation, or pleasure on land owned by another. Amended by Act 2015, No. 1112,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 84,§ 1, eff. 8/16/2013. Acts 1965, No. 51, § 2; 1983, No. 168, §§ 1, 2; 1985, No. 959, § 1; A.S.A. 1947, § 50-1102; Acts 1991, No. 485, § 1; 2007, No. 677, § 1. See Act 2015, No. 1112, § 2.

As used in this subchapter:

(1) "Aviation" means taking off, flying, or landing an airplane or aircraft;

(2) "Charge" means an admission fee for permission to go upon or use the land, but does not include: (A) The sharing of game, fish, or other products of recreational use; or (B) Contributions in kind, services, or cash paid to reduce or offset costs and eliminate losses from recreational use;

(A) The sharing of game, fish, or other products of recreational use; or

(B) Contributions in kind, services, or cash paid to reduce or offset costs and eliminate losses from recreational use;

(3) "Land" means land, roads, water, watercourses, airstrips, private ways and buildings, structures, and machinery or equipment when attached to the realty;

(4) (A) "Malicious" means an intentional act of misconduct that the actor is aware is likely to result in harm. (B) "Malicious" does not mean negligent or reckless conduct;

(A) "Malicious" means an intentional act of misconduct that the actor is aware is likely to result in harm.

(B) "Malicious" does not mean negligent or reckless conduct;

(5) "Owner" means the possessor of a fee interest, a tenant, lessee, holder of a conservation easement as defined in § 15-20-402 , occupant, or person in control of the premises;

(6) "Public" and "person" includes the Young Men's Christian Association, Young Women's Christian Association, Boy Scouts of America, Girl Scouts of the United States of America, Boys and Girls Clubs of America, churches, religious organizations, fraternal organizations, and other similar organizations; and

(7) "Recreational purpose" includes, but is not limited to, any of the following or any combination thereof: (A) Hunting; (B) Fishing; (C) Swimming; (D) Boating; (E) Camping; (F) Picnicking; (G) Hiking; (H) Pleasure driving; (I) Nature study; (J) Water skiing; (K) Winter sports; (L) Spelunking; (M) Aviation; (N) Viewing or enjoying historical, archeological, scenic, or scientific sites; and (O) Any other activity undertaken for exercise, education, relaxation, or pleasure on land owned by another.

(A) Hunting;

(B) Fishing;

(C) Swimming;

(D) Boating;

(E) Camping;

(F) Picnicking;

(G) Hiking;

(H) Pleasure driving;

(I) Nature study;

(J) Water skiing;

(K) Winter sports;

(L) Spelunking;

(M) Aviation;

(N) Viewing or enjoying historical, archeological, scenic, or scientific sites; and

(O) Any other activity undertaken for exercise, education, relaxation, or pleasure on land owned by another.

Amended by Act 2015, No. 1112,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 84,§ 1, eff. 8/16/2013.

Acts 1965, No. 51, § 2; 1983, No. 168, §§ 1, 2; 1985, No. 959, § 1; A.S.A. 1947, § 50-1102; Acts 1991, No. 485, § 1; 2007, No. 677, § 1.

See Act 2015, No. 1112, § 2.
Ark. Code Ann. § 18-45-302 — AR Code / Title 18 / Chapter 45 / Subchapter 3 / Section 18-45-302
Lien priority
Status: in_force

If any person, firm, or corporation entitled to a lien under the provisions of this subchapter shall notify, by registered mail at the last known place of address, any person, firm, or corporation holding a mortgage or a lien against the property before the work or labor is done, and within ten (10) days after mailing the notice receives no response or objection to the performance of the work or labor, then, in that event, the lien provided for in this subchapter shall take precedence over, and be superior to, any mortgage or lien held by any person so notified who makes no objection to the performance of the work or labor. Acts 1939, No. 61, § 4; A.S.A. 1947, § 51-416.

If any person, firm, or corporation entitled to a lien under the provisions of this subchapter shall notify, by registered mail at the last known place of address, any person, firm, or corporation holding a mortgage or a lien against the property before the work or labor is done, and within ten (10) days after mailing the notice receives no response or objection to the performance of the work or labor, then, in that event, the lien provided for in this subchapter shall take precedence over, and be superior to, any mortgage or lien held by any person so notified who makes no objection to the performance of the work or labor.

Acts 1939, No. 61, § 4; A.S.A. 1947, § 51-416.
Ark. Code Ann. § 18-15-914 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-914
Deposit upon controversy
Status: in_force

(a) When the determination of questions in controversy in these proceedings is liable to inconvenience the public, the county court or the county judge, in vacation, shall designate an amount of money to be deposited by the petitioners, subject to the order of the court, for the purpose of making compensation and paying such damages as may be sustained when the amount thereof shall have been assessed as provided in this subchapter. (b) The court shall designate the place of the deposit, but the sum shall be refunded to the petitioners if the public landing is established and paid for out of county funds. (c) Whenever deposits have been made in compliance with the order of the court or judge, it shall be lawful for the public, prior to the assessment and payment of damages for the land, to enter upon and use the land as a public landing. Acts 1909, No. 307, §§ 17, 18, p. 916; C. & M. Dig., §§ 4074, 4075; Pope's Dig., §§ 5077, 5078; A.S.A. 1947, §§ 35-1017, 35-1018.

(a) When the determination of questions in controversy in these proceedings is liable to inconvenience the public, the county court or the county judge, in vacation, shall designate an amount of money to be deposited by the petitioners, subject to the order of the court, for the purpose of making compensation and paying such damages as may be sustained when the amount thereof shall have been assessed as provided in this subchapter.

(b) The court shall designate the place of the deposit, but the sum shall be refunded to the petitioners if the public landing is established and paid for out of county funds.

(c) Whenever deposits have been made in compliance with the order of the court or judge, it shall be lawful for the public, prior to the assessment and payment of damages for the land, to enter upon and use the land as a public landing.

Acts 1909, No. 307, §§ 17, 18, p. 916; C. & M. Dig., §§ 4074, 4075; Pope's Dig., §§ 5077, 5078; A.S.A. 1947, §§ 35-1017, 35-1018.
Ark. Code Ann. § 18-28-204 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-204
Rules for taking custody
Status: in_force

Except as otherwise provided in this subchapter or by other statute of this state, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state if: (1) the last known address of the apparent owner, as shown on the records of the holder, is in this state; (2) the records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state; (3) the records of the holder do not reflect the last known address of the apparent owner and it is established that: (i) the last known address of the person entitled to the property is in this state; or (ii) the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property; (4) the last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state; (5) the last known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state; (6) the transaction out of which the property arose occurred in this state, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property, and the last known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property; or (7) the property is a traveler's check or money order purchased in this state, or the issuer of the traveler's check or money order has its principal place of business in this state and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property, or do not show the state in which the instrument was purchased. Acts 1999, No. 850, § 4.

Except as otherwise provided in this subchapter or by other statute of this state, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state if:

(1) the last known address of the apparent owner, as shown on the records of the holder, is in this state;

(2) the records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;

(3) the records of the holder do not reflect the last known address of the apparent owner and it is established that: (i) the last known address of the person entitled to the property is in this state; or (ii) the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;

(i) the last known address of the person entitled to the property is in this state; or

(ii) the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;

(4) the last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state;

(5) the last known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state;

(6) the transaction out of which the property arose occurred in this state, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property, and the last known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property; or

(7) the property is a traveler's check or money order purchased in this state, or the issuer of the traveler's check or money order has its principal place of business in this state and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property, or do not show the state in which the instrument was purchased.

Acts 1999, No. 850, § 4.
Ark. Code Ann. § 18-60-214 — AR Code / Title 18 / Chapter 60 / Subchapter 2 / Section 18-60-214
Lien of tax deed holder for improvement by reason of survey
Status: in_force

(a) (1) If any person believing himself or herself to be the owner, either in law or equity, under a clerk's tax deed or a Commissioner of State Lands' forfeited land deed, containing a valid and proper description constituting color of title, has, or shall, peaceably improve any land by having the boundaries surveyed and corners established by the county surveyor of the county in which the land is situated and, upon judicial investigation of the title to the land, it is found that the forfeiture for nonpayment of taxes is void and that the land belongs to another or that the former owner is entitled to redeem from the tax forfeiture, the value of the improvement to the land by reason of the survey shall be paid by the successful party to the holder of the tax deed. (2) The holder of the tax deed shall have a lien on the lands for this amount, which may be enforced by equitable proceedings at any time within three (3) years after the date of the judgment. (b) This section shall not repeal any statute providing for recovery of improvements and betterments but shall be cumulative to § 18-60-213(a) and to all other existing laws not inconsistent with it. Acts 1947, No. 87, §§ 1, 2; A.S.A. 1947, §§ 34-1427, 34-1428.

(a) (1) If any person believing himself or herself to be the owner, either in law or equity, under a clerk's tax deed or a Commissioner of State Lands' forfeited land deed, containing a valid and proper description constituting color of title, has, or shall, peaceably improve any land by having the boundaries surveyed and corners established by the county surveyor of the county in which the land is situated and, upon judicial investigation of the title to the land, it is found that the forfeiture for nonpayment of taxes is void and that the land belongs to another or that the former owner is entitled to redeem from the tax forfeiture, the value of the improvement to the land by reason of the survey shall be paid by the successful party to the holder of the tax deed. (2) The holder of the tax deed shall have a lien on the lands for this amount, which may be enforced by equitable proceedings at any time within three (3) years after the date of the judgment.

(1) If any person believing himself or herself to be the owner, either in law or equity, under a clerk's tax deed or a Commissioner of State Lands' forfeited land deed, containing a valid and proper description constituting color of title, has, or shall, peaceably improve any land by having the boundaries surveyed and corners established by the county surveyor of the county in which the land is situated and, upon judicial investigation of the title to the land, it is found that the forfeiture for nonpayment of taxes is void and that the land belongs to another or that the former owner is entitled to redeem from the tax forfeiture, the value of the improvement to the land by reason of the survey shall be paid by the successful party to the holder of the tax deed.

(2) The holder of the tax deed shall have a lien on the lands for this amount, which may be enforced by equitable proceedings at any time within three (3) years after the date of the judgment.

(b) This section shall not repeal any statute providing for recovery of improvements and betterments but shall be cumulative to § 18-60-213(a) and to all other existing laws not inconsistent with it.

Acts 1947, No. 87, §§ 1, 2; A.S.A. 1947, §§ 34-1427, 34-1428.
Ark. Code Ann. § 18-28-209 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-209
Notice and publication of lists of abandoned property
Status: in_force

(a) The administrator shall publish a notice by November 30 of the next year following the year in which abandoned property has been paid or delivered to the administrator. (b) (1) The notice must be published in a newspaper of general circulation in each county of this state. (2) The notice shall: (A) Be in a form that, in the judgment of the administrator, is likely to attract the attention of the potential owners of the unclaimed property; (B) Contain: (i) A statement explaining that the property the administrator is holding is presumed to be abandoned and has been taken into the protective custody of the administrator; and (ii) A statement explaining that additional information concerning the property may be obtained by consulting one (1) or more of the following: (a) The internet address of the administrator's official website; (b) The telephone number for the administrator's office; and (c) Posting of a notice at the county courthouse; and (C) Contain a statement that information about the property and its return to the owner is available to a person having a legal or beneficial interest in the property, upon request to the administrator. Amended by Act 2021, No. 77,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 592,§ 1, eff. 7/22/2015. Acts 1999, No. 850, § 9.

(a) The administrator shall publish a notice by November 30 of the next year following the year in which abandoned property has been paid or delivered to the administrator.

(b) (1) The notice must be published in a newspaper of general circulation in each county of this state. (2) The notice shall: (A) Be in a form that, in the judgment of the administrator, is likely to attract the attention of the potential owners of the unclaimed property; (B) Contain: (i) A statement explaining that the property the administrator is holding is presumed to be abandoned and has been taken into the protective custody of the administrator; and (ii) A statement explaining that additional information concerning the property may be obtained by consulting one (1) or more of the following: (a) The internet address of the administrator's official website; (b) The telephone number for the administrator's office; and (c) Posting of a notice at the county courthouse; and (C) Contain a statement that information about the property and its return to the owner is available to a person having a legal or beneficial interest in the property, upon request to the administrator.

(1) The notice must be published in a newspaper of general circulation in each county of this state.

(2) The notice shall: (A) Be in a form that, in the judgment of the administrator, is likely to attract the attention of the potential owners of the unclaimed property; (B) Contain: (i) A statement explaining that the property the administrator is holding is presumed to be abandoned and has been taken into the protective custody of the administrator; and (ii) A statement explaining that additional information concerning the property may be obtained by consulting one (1) or more of the following: (a) The internet address of the administrator's official website; (b) The telephone number for the administrator's office; and (c) Posting of a notice at the county courthouse; and (C) Contain a statement that information about the property and its return to the owner is available to a person having a legal or beneficial interest in the property, upon request to the administrator.

(A) Be in a form that, in the judgment of the administrator, is likely to attract the attention of the potential owners of the unclaimed property;

(B) Contain: (i) A statement explaining that the property the administrator is holding is presumed to be abandoned and has been taken into the protective custody of the administrator; and (ii) A statement explaining that additional information concerning the property may be obtained by consulting one (1) or more of the following: (a) The internet address of the administrator's official website; (b) The telephone number for the administrator's office; and (c) Posting of a notice at the county courthouse; and

(i) A statement explaining that the property the administrator is holding is presumed to be abandoned and has been taken into the protective custody of the administrator; and

(ii) A statement explaining that additional information concerning the property may be obtained by consulting one (1) or more of the following: (a) The internet address of the administrator's official website; (b) The telephone number for the administrator's office; and (c) Posting of a notice at the county courthouse; and

(a) The internet address of the administrator's official website;

(b) The telephone number for the administrator's office; and

(c) Posting of a notice at the county courthouse; and

(C) Contain a statement that information about the property and its return to the owner is available to a person having a legal or beneficial interest in the property, upon request to the administrator.

Amended by Act 2021, No. 77,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 592,§ 1, eff. 7/22/2015.

Acts 1999, No. 850, § 9.
Ark. Code Ann. § 18-44-122 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-122
Contents of complaint
Status: in_force

The complaint, among other things, shall allege the facts necessary for securing a lien under this subchapter and shall contain a description of the property to be charged with the lien. Acts 1895, No. 146, § 13, p. 217; C. & M. Dig., § 6927; Pope's Dig., § 8889; A.S.A. 1947, § 51-617; Acts 2009, No. 454, § 4.

The complaint, among other things, shall allege the facts necessary for securing a lien under this subchapter and shall contain a description of the property to be charged with the lien.

Acts 1895, No. 146, § 13, p. 217; C. & M. Dig., § 6927; Pope's Dig., § 8889; A.S.A. 1947, § 51-617; Acts 2009, No. 454, § 4.
Ark. Code Ann. § 18-15-601 — AR Code / Title 18 / Chapter 15 / Subchapter 6 / Section 18-15-601
Power of eminent domain
Status: in_force

(a) All municipal corporations in this state and all corporations, including not-for-profit corporations and water associations, which supply any town, city, or village in this state, or the inhabitants thereof, with water, or which supply water to rural customers or consumers, are authorized to exercise the power of eminent domain to condemn, take, and use private property for the use of the corporations when necessary to carry out the purposes and objects of the corporations including, without limitation, the condemnation of easements in which water transmission or water distribution lines shall be constructed and located and the condemnation of real property for the construction and location of water storage tanks, water treatment facilities, master metering facilities, pump stations, and other necessary appurtenances needed for water production, transmission, and distribution, regardless of whether or not the private property is located within or outside of the boundaries of the city, town, or village which the municipal or other corporation, including not-for-profit corporations and water associations, serves. (b) Whenever the municipal or other corporation, including not-for-profit corporations and water associations, in the construction of its waterworks, or in enlarging or extending the waterworks, or water distribution or water transmission lines, shall deem it desirable to condemn, take, use, or occupy private property in the construction of its water treatment or storage facilities, water transmission or distribution lines, or other appurtenances thereto, the corporation may condemn, take, and use the private property, first making just compensation therefor, and proceed as provided in this subchapter. (c) The corporations and water associations shall exercise the powers of eminent domain only as a last resort, and they shall make use of existing easements and rights-of-way to the extent practicable. (d) No municipal or other corporation, including not-for-profit corporations and water associations, exercising eminent domain powers under this subchapter shall provide water service to any existing customer of any incorporated city or town absent the express written approval of the incorporated city or town. Acts 1895, No. 126, §§ 1, 2, p. 183; 1907, No. 130, § 1, p. 322; C. & M. Dig., §§ 4034, 4035; Pope's Dig., §§ 5035, 5037; A.S.A. 1947, §§ 35-401, 35-402; Acts 1995, No. 1207, § 1.

(a) All municipal corporations in this state and all corporations, including not-for-profit corporations and water associations, which supply any town, city, or village in this state, or the inhabitants thereof, with water, or which supply water to rural customers or consumers, are authorized to exercise the power of eminent domain to condemn, take, and use private property for the use of the corporations when necessary to carry out the purposes and objects of the corporations including, without limitation, the condemnation of easements in which water transmission or water distribution lines shall be constructed and located and the condemnation of real property for the construction and location of water storage tanks, water treatment facilities, master metering facilities, pump stations, and other necessary appurtenances needed for water production, transmission, and distribution, regardless of whether or not the private property is located within or outside of the boundaries of the city, town, or village which the municipal or other corporation, including not-for-profit corporations and water associations, serves.

(b) Whenever the municipal or other corporation, including not-for-profit corporations and water associations, in the construction of its waterworks, or in enlarging or extending the waterworks, or water distribution or water transmission lines, shall deem it desirable to condemn, take, use, or occupy private property in the construction of its water treatment or storage facilities, water transmission or distribution lines, or other appurtenances thereto, the corporation may condemn, take, and use the private property, first making just compensation therefor, and proceed as provided in this subchapter.

(c) The corporations and water associations shall exercise the powers of eminent domain only as a last resort, and they shall make use of existing easements and rights-of-way to the extent practicable.

(d) No municipal or other corporation, including not-for-profit corporations and water associations, exercising eminent domain powers under this subchapter shall provide water service to any existing customer of any incorporated city or town absent the express written approval of the incorporated city or town.

Acts 1895, No. 126, §§ 1, 2, p. 183; 1907, No. 130, § 1, p. 322; C. & M. Dig., §§ 4034, 4035; Pope's Dig., §§ 5035, 5037; A.S.A. 1947, §§ 35-401, 35-402; Acts 1995, No. 1207, § 1.
Ark. Code Ann. § 18-60-811 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-811
Order for delivery of property
Status: in_force

(a) The order for the delivery of the property to the plaintiff shall be addressed and delivered, with a copy thereof, to the sheriff. It shall state the names of the parties to the action and the court in which the action is brought and direct the sheriff to take the property, describing it and stating its value as in the affidavit of the plaintiff, and deliver it to him or her, to make return of the order on a day to be named therein and to summon the defendant to appear on this day in the court and answer the plaintiff in the premises. (b) (1) If the plaintiff shall file an additional affidavit that he or she believes the property has been concealed, removed, or disposed of in any way with intent to defeat the plaintiff's action, the clerk or magistrate shall insert a clause commanding the sheriff, or other officer, that if the property mentioned in the order cannot be had, to take the body of the defendant, so that he or she appear at the return day of the order to answer the premises. (2) The order shall be made returnable as an order of arrest is directed to be returned. Civil Code § 205; Acts 1875 (Adj. Sess.), No. 86, § 1, p. 165; C. & M. Dig., § 8642; Pope's Dig., § 11375; A.S.A. 1947, § 34-2104.

(a) The order for the delivery of the property to the plaintiff shall be addressed and delivered, with a copy thereof, to the sheriff. It shall state the names of the parties to the action and the court in which the action is brought and direct the sheriff to take the property, describing it and stating its value as in the affidavit of the plaintiff, and deliver it to him or her, to make return of the order on a day to be named therein and to summon the defendant to appear on this day in the court and answer the plaintiff in the premises.

(b) (1) If the plaintiff shall file an additional affidavit that he or she believes the property has been concealed, removed, or disposed of in any way with intent to defeat the plaintiff's action, the clerk or magistrate shall insert a clause commanding the sheriff, or other officer, that if the property mentioned in the order cannot be had, to take the body of the defendant, so that he or she appear at the return day of the order to answer the premises. (2) The order shall be made returnable as an order of arrest is directed to be returned.

(1) If the plaintiff shall file an additional affidavit that he or she believes the property has been concealed, removed, or disposed of in any way with intent to defeat the plaintiff's action, the clerk or magistrate shall insert a clause commanding the sheriff, or other officer, that if the property mentioned in the order cannot be had, to take the body of the defendant, so that he or she appear at the return day of the order to answer the premises.

(2) The order shall be made returnable as an order of arrest is directed to be returned.

Civil Code § 205; Acts 1875 (Adj. Sess.), No. 86, § 1, p. 165; C. & M. Dig., § 8642; Pope's Dig., § 11375; A.S.A. 1947, § 34-2104.
Ark. Code Ann. § 18-60-507 — AR Code / Title 18 / Chapter 60 / Subchapter 5 / Section 18-60-507
Lost or destroyed title papers
Status: in_force

If the petitioner alleges that his or her title papers or the record thereof has been lost or destroyed, the court shall have the power to require new title papers to be executed if the party required to execute them shall have been duly summoned in the cause. Acts 1899, No. 79, § 11, p. 133; C. & M. Dig., § 8365; Pope's Dig., § 10961; A.S.A. 1947, § 34-1904.

If the petitioner alleges that his or her title papers or the record thereof has been lost or destroyed, the court shall have the power to require new title papers to be executed if the party required to execute them shall have been duly summoned in the cause.

Acts 1899, No. 79, § 11, p. 133; C. & M. Dig., § 8365; Pope's Dig., § 10961; A.S.A. 1947, § 34-1904.
Ark. Code Ann. § 18-11-701 — AR Code / Title 18 / Chapter 11 / Subchapter 7 / Section 18-11-701
Short title
Status: in_force

This subchapter may be cited as the Uniform Easement Relocation Act. Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.

This subchapter may be cited as the Uniform Easement Relocation Act.

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 18-44-108 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-108
Refusal to list parties doing work or furnishing materials
Status: in_force

(a) The owner or proprietor, material supplier, subcontractor, or anyone interested as mortgagee or trustee in the real estate upon which improvements are made under this subchapter may apply at any time to the contractor or subcontractor for the following: (1) A list of all parties doing work or furnishing material for a building and the amount due to each of the parties; and (2) Certification that the owner or agent has received the preliminary notice specified under § 18-44-115(a) , if applicable. (b) Any contractor or subcontractor who, upon request, refuses or fails within five (5) business days to give a correct list of the parties furnishing material or doing labor on the building and the amount due to each or who falsely certifies that an owner or agent has received the preliminary notice specified under § 18-44-115 shall be: (1) Guilty of a violation and upon conviction shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500); and (2) (A) Subject to suit by an aggrieved party in the circuit court where the property is located to enforce subsection (a) of this section including without limitation by the contempt powers of the circuit court. (B) The prevailing party in an action under this subdivision (b)(2) shall receive a judgment for any damages proximately caused by the violation of this subsection, the costs of the action, and a reasonable attorney's fee. Acts 1895, No. 146, § 10, p. 217; C. & M. Dig., § 6921; Pope's Dig., § 8880; A.S.A. 1947, § 51-612; Acts 1995, No. 1298, § 3; 2005, No. 1994, § 96; 2009, No. 454, § 2.

(a) The owner or proprietor, material supplier, subcontractor, or anyone interested as mortgagee or trustee in the real estate upon which improvements are made under this subchapter may apply at any time to the contractor or subcontractor for the following: (1) A list of all parties doing work or furnishing material for a building and the amount due to each of the parties; and (2) Certification that the owner or agent has received the preliminary notice specified under § 18-44-115(a) , if applicable.

(1) A list of all parties doing work or furnishing material for a building and the amount due to each of the parties; and

(2) Certification that the owner or agent has received the preliminary notice specified under § 18-44-115(a) , if applicable.

(b) Any contractor or subcontractor who, upon request, refuses or fails within five (5) business days to give a correct list of the parties furnishing material or doing labor on the building and the amount due to each or who falsely certifies that an owner or agent has received the preliminary notice specified under § 18-44-115 shall be: (1) Guilty of a violation and upon conviction shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500); and (2) (A) Subject to suit by an aggrieved party in the circuit court where the property is located to enforce subsection (a) of this section including without limitation by the contempt powers of the circuit court. (B) The prevailing party in an action under this subdivision (b)(2) shall receive a judgment for any damages proximately caused by the violation of this subsection, the costs of the action, and a reasonable attorney's fee.

(1) Guilty of a violation and upon conviction shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500); and

(2) (A) Subject to suit by an aggrieved party in the circuit court where the property is located to enforce subsection (a) of this section including without limitation by the contempt powers of the circuit court. (B) The prevailing party in an action under this subdivision (b)(2) shall receive a judgment for any damages proximately caused by the violation of this subsection, the costs of the action, and a reasonable attorney's fee.

(A) Subject to suit by an aggrieved party in the circuit court where the property is located to enforce subsection (a) of this section including without limitation by the contempt powers of the circuit court.

(B) The prevailing party in an action under this subdivision (b)(2) shall receive a judgment for any damages proximately caused by the violation of this subsection, the costs of the action, and a reasonable attorney's fee.

Acts 1895, No. 146, § 10, p. 217; C. & M. Dig., § 6921; Pope's Dig., § 8880; A.S.A. 1947, § 51-612; Acts 1995, No. 1298, § 3; 2005, No. 1994, § 96; 2009, No. 454, § 2.
Ark. Code Ann. § 18-60-1008 — AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1008
Partition alternatives
Status: in_force

(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to § 18-60-1007 , or if after conclusion of the buyout under § 18-60-1007 , a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in § 18-60-1009 , finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated. (b) If the court does not order partition in kind under subsection (a), the court shall order partition by sale pursuant to § 18-60-1010 or, if no cotenant requested partition by sale, the court shall dismiss the action. (c) If the court orders partition in kind pursuant to subsection (a), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held. (d) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to § 18-60-1007 , a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided. Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to § 18-60-1007 , or if after conclusion of the buyout under § 18-60-1007 , a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in § 18-60-1009 , finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.

(b) If the court does not order partition in kind under subsection (a), the court shall order partition by sale pursuant to § 18-60-1010 or, if no cotenant requested partition by sale, the court shall dismiss the action.

(c) If the court orders partition in kind pursuant to subsection (a), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.

(d) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to § 18-60-1007 , a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided.

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 18-45-206 — AR Code / Title 18 / Chapter 45 / Subchapter 2 / Section 18-45-206
Filing of lien when lienholder parts with possession
Status: in_force

(a) (1) If the lienholder has voluntarily parted with possession of any property upon which he or she has a lien under the provisions of this subchapter, he or she may still avail himself or herself of the lien within one hundred twenty (120) days after the work or labor is done or performed or materials furnished. (2) This may be done by filing with the clerk of the circuit court of the county in which the debtor resides, or, if the debtor is a nonresident of this state, then with the clerk of the circuit court of the county in which the property is located at the time of the filing, a just and true itemized account for the demand due, after allowing all credits, containing a description of the property to be charged with the lien and verified by the affidavit of the lienholder. (b) The time set out in this section for filing liens shall apply only to motor-propelled vehicles and shall not affect the time for filing liens in other cases as now provided by law. (c) The clerk of the circuit court shall file the account and make an abstract of it in the book of minutes of mortgages and deeds of trust of personal property, for which he or she shall charge a fee of twenty-five cents (25¢), to be paid by the person filing the account. Acts 1919, No. 140, §§ 6, 7, p. 123; C. & M. Dig., §§ 6871, 6872; Pope's Dig., §§ 8827, 8828; Acts 1961, No. 462, § 1; 1963, No. 112, § 1; A.S.A. 1947, §§ 51-409, 51-410.

(a) (1) If the lienholder has voluntarily parted with possession of any property upon which he or she has a lien under the provisions of this subchapter, he or she may still avail himself or herself of the lien within one hundred twenty (120) days after the work or labor is done or performed or materials furnished. (2) This may be done by filing with the clerk of the circuit court of the county in which the debtor resides, or, if the debtor is a nonresident of this state, then with the clerk of the circuit court of the county in which the property is located at the time of the filing, a just and true itemized account for the demand due, after allowing all credits, containing a description of the property to be charged with the lien and verified by the affidavit of the lienholder.

(1) If the lienholder has voluntarily parted with possession of any property upon which he or she has a lien under the provisions of this subchapter, he or she may still avail himself or herself of the lien within one hundred twenty (120) days after the work or labor is done or performed or materials furnished.

(2) This may be done by filing with the clerk of the circuit court of the county in which the debtor resides, or, if the debtor is a nonresident of this state, then with the clerk of the circuit court of the county in which the property is located at the time of the filing, a just and true itemized account for the demand due, after allowing all credits, containing a description of the property to be charged with the lien and verified by the affidavit of the lienholder.

(b) The time set out in this section for filing liens shall apply only to motor-propelled vehicles and shall not affect the time for filing liens in other cases as now provided by law.

(c) The clerk of the circuit court shall file the account and make an abstract of it in the book of minutes of mortgages and deeds of trust of personal property, for which he or she shall charge a fee of twenty-five cents (25¢), to be paid by the person filing the account.

Acts 1919, No. 140, §§ 6, 7, p. 123; C. & M. Dig., §§ 6871, 6872; Pope's Dig., §§ 8827, 8828; Acts 1961, No. 462, § 1; 1963, No. 112, § 1; A.S.A. 1947, §§ 51-409, 51-410.
Ark. Code Ann. § 18-14-403 — AR Code / Title 18 / Chapter 14 / Subchapter 4 / Section 18-14-403
Statute of limitations
Status: in_force

(a) A judicial proceeding in which the accuracy of the public offering statement or validity of a contract of purchase is in issue and a rescission of the contract or damages is sought shall be commenced not later than four (4) years after the date of the contract of purchase, notwithstanding that the purchaser's terms of payment may extend beyond the period of limitation. (b) If the enforcement of provisions in the contract of purchase requires the continued furnishing of services and the reciprocal payments to be made by the purchaser, the period of bringing a judicial proceeding will continue for a period of four (4) years for each breach, but the parties may agree to reduce the period of limitation to not less than two (2) years. Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013. Acts 1983, No. 294, Art. 3, § 3-109; A.S.A. 1947, § 50-1323.

(a) A judicial proceeding in which the accuracy of the public offering statement or validity of a contract of purchase is in issue and a rescission of the contract or damages is sought shall be commenced not later than four (4) years after the date of the contract of purchase, notwithstanding that the purchaser's terms of payment may extend beyond the period of limitation.

(b) If the enforcement of provisions in the contract of purchase requires the continued furnishing of services and the reciprocal payments to be made by the purchaser, the period of bringing a judicial proceeding will continue for a period of four (4) years for each breach, but the parties may agree to reduce the period of limitation to not less than two (2) years.

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

Acts 1983, No. 294, Art. 3, § 3-109; A.S.A. 1947, § 50-1323.
Ark. Code Ann. § 18-44-504 — AR Code / Title 18 / Chapter 44 / Subchapter 5 / Section 18-44-504
Construction by religious or charitable organizations
Status: in_force

(a) A construction contract in any sum exceeding twenty thousand dollars ($20,000) shall not be entered into by any church, religious organization, charitable institution, or by any agency of the church, religious organization, or charitable institution, unless the contractor furnishes to the party letting the construction contract a payment bond in a sum equal to the amount of the contract. (b) If the payment bond is not furnished as required by subsection (a) of this section, any person performing labor or furnishing material, except the principal contractor, shall have the right to assert and enforce a lien upon the property for the unpaid amount of the claim under § 18-44-101 et seq. Amended by Act 2021, No. 986,§ 3, eff. 7/28/2021. Acts 1911, No. 446, § 5; C. & M. Dig., § 6916; Pope's Dig., § 8875; Acts 1953, No. 351, § 2; A.S.A. 1947, §§ 51-631, 51-633.

(a) A construction contract in any sum exceeding twenty thousand dollars ($20,000) shall not be entered into by any church, religious organization, charitable institution, or by any agency of the church, religious organization, or charitable institution, unless the contractor furnishes to the party letting the construction contract a payment bond in a sum equal to the amount of the contract.

(b) If the payment bond is not furnished as required by subsection (a) of this section, any person performing labor or furnishing material, except the principal contractor, shall have the right to assert and enforce a lien upon the property for the unpaid amount of the claim under § 18-44-101 et seq.

Amended by Act 2021, No. 986,§ 3, eff. 7/28/2021.

Acts 1911, No. 446, § 5; C. & M. Dig., § 6916; Pope's Dig., § 8875; Acts 1953, No. 351, § 2; A.S.A. 1947, §§ 51-631, 51-633.
Ark. Code Ann. § 18-60-407 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-407
Constructive service
Status: in_force

Parties interested may be constructively summoned as provided by Rule 4 of the Arkansas Rules of Civil Procedure. Amended by Act 2013, No. 1148,§ 57, eff. 8/16/2013. Civil Code, § 543; C. & M. Dig., § 8098; Pope's Dig., § 10518; A.S.A. 1947, § 34-1808.

Parties interested may be constructively summoned as provided by Rule 4 of the Arkansas Rules of Civil Procedure.

Amended by Act 2013, No. 1148,§ 57, eff. 8/16/2013.

Civil Code, § 543; C. & M. Dig., § 8098; Pope's Dig., § 10518; A.S.A. 1947, § 34-1808.
Ark. Code Ann. § 18-14-410 — AR Code / Title 18 / Chapter 14 / Subchapter 4 / Section 18-14-410
Liens
Status: in_force

(a) (1) Before a transfer of a time-share interest, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interest or shall provide a surety bond or other insurance against the lien from a company acceptable to the Arkansas Real Estate Commission; or (2) An underlying lien shall contain a provision in which the lienholder subordinates its rights to that of a time-share purchaser who fully complies with the contract of sale. (b) (1) If a lien other than a mortgage or deed of trust becomes effective against more than one (1) time-share interest in a time-share property, a time-share interest owner may get a release of his or her time-share interest from the lien upon payment of the amount of the lien attributable to his or her time-share interest unless a time-share interest owner or his or her predecessor in title agrees otherwise with the lienor. (2) The payment shall be proportionate to the ratio that the time-share interest owner's liability bears to the liabilities of all time-share interest owners whose interests are subject to the lien. (3) Upon receipt of payment, the lienholder shall promptly deliver to the time-share interest owner a release of the lien covering that time-share interest. (4) After payment, the managing entity shall not assess or have a lien against that time-share interest for any part of the expenses incurred with that lien. Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013. Acts 1983, No. 294, Art. 3, § 3-107; A.S.A. 1947, § 50-1321.

(a) (1) Before a transfer of a time-share interest, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interest or shall provide a surety bond or other insurance against the lien from a company acceptable to the Arkansas Real Estate Commission; or (2) An underlying lien shall contain a provision in which the lienholder subordinates its rights to that of a time-share purchaser who fully complies with the contract of sale.

(1) Before a transfer of a time-share interest, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interest or shall provide a surety bond or other insurance against the lien from a company acceptable to the Arkansas Real Estate Commission; or

(2) An underlying lien shall contain a provision in which the lienholder subordinates its rights to that of a time-share purchaser who fully complies with the contract of sale.

(b) (1) If a lien other than a mortgage or deed of trust becomes effective against more than one (1) time-share interest in a time-share property, a time-share interest owner may get a release of his or her time-share interest from the lien upon payment of the amount of the lien attributable to his or her time-share interest unless a time-share interest owner or his or her predecessor in title agrees otherwise with the lienor. (2) The payment shall be proportionate to the ratio that the time-share interest owner's liability bears to the liabilities of all time-share interest owners whose interests are subject to the lien. (3) Upon receipt of payment, the lienholder shall promptly deliver to the time-share interest owner a release of the lien covering that time-share interest. (4) After payment, the managing entity shall not assess or have a lien against that time-share interest for any part of the expenses incurred with that lien.

(1) If a lien other than a mortgage or deed of trust becomes effective against more than one (1) time-share interest in a time-share property, a time-share interest owner may get a release of his or her time-share interest from the lien upon payment of the amount of the lien attributable to his or her time-share interest unless a time-share interest owner or his or her predecessor in title agrees otherwise with the lienor.

(2) The payment shall be proportionate to the ratio that the time-share interest owner's liability bears to the liabilities of all time-share interest owners whose interests are subject to the lien.

(3) Upon receipt of payment, the lienholder shall promptly deliver to the time-share interest owner a release of the lien covering that time-share interest.

(4) After payment, the managing entity shall not assess or have a lien against that time-share interest for any part of the expenses incurred with that lien.

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

Acts 1983, No. 294, Art. 3, § 3-107; A.S.A. 1947, § 50-1321.
Ark. Code Ann. § 18-28-403 — AR Code / Title 18 / Chapter 28 / Subchapter 4 / Section 18-28-403
Abandoned mineral proceeds - Disposition of funds
Status: in_force

(a) (1) (A) All mineral proceeds that are held or owing by the holder and that have remained unclaimed by the owner for longer than three (3) years after the mineral proceeds became payable or distributable are presumed abandoned. (B) Abandoned mineral proceeds are subject to the unclaimed property provisions of the Unclaimed Property Act, § 18-28-201 et seq., except that funds received by the Auditor of State under this section shall be deposited by the Auditor of State into a special trust fund to be known as the "Abandoned Mineral Proceeds Trust Fund". (C) The funds shall be deposited into accounts in one (1) or more financial institutions authorized to do business in this state and may then be transferred into the State Treasury Money Management Trust to be administered in accordance with the laws of this state. (2) (A) However, upon petition of the county attorney of the county in which the abandoned minerals were produced or severed, abandoned mineral proceeds that are held pursuant to leases executed by receivers or their successors appointed by a court of proper jurisdiction, shall be remitted by the holder to the county in which the minerals were produced or severed and deposited into the county general fund. (B) The county attorney shall publish notice of his or her petition in a legal newspaper having general circulation in the county, and the notice shall be published at least one (1) time. (3) The holder of abandoned mineral proceeds turned over to the Auditor of State under this section shall provide the following information to the Auditor of State: (A) The name and last known address of the property owner; (B) The applicable well name, uncontrolled lease name, or unitized area name as recognized by the Oil and Gas Commission; (C) Either: (i) The county, section, township, and range of the well; or (ii) The county, section, township, and range from which the abandoned minerals were severed or produced; and (D) Any other information required by the Auditor of State. (b) The Abandoned Mineral Proceeds Trust Fund shall be used by the Auditor of State to pay the claims of persons establishing ownership of mineral proceeds in possession of the state under this subchapter and for the enforcement and administration of this subchapter. At least one (1) time each fiscal year, the Auditor of State shall transfer to the County Aid Fund in the State Treasury all funds in the Abandoned Mineral Proceeds Trust Fund in excess of an amount determined by the Auditor of State to be sufficient to pay the anticipated expenses and claims of the Abandoned Mineral Proceeds Trust Fund. (c) (1) Funds credited to the County Aid Fund pursuant to the provisions of this subchapter shall annually be equally distributed among all the counties in the state by the Treasurer of State. (2) All funds remitted to the respective counties shall be credited to the county general fund. Amended by Act 2019, No. 325,§ 2, eff. 3/6/2019. Amended by Act 2015, No. 1039,§ 3, eff. 7/22/2015. Amended by Act 2013, No. 1130,§ 10, eff. 8/16/2013. Acts 1987, No. 362, § 2; 1987 (1st Ex. Sess.), No. 35, § 1; 1989, No. 904, § 1; 1989 (3rd Ex. Sess.), No. 39, § 2; 1993, No. 1153, § 12; 1995, No. 748, § 1; 2003, No. 1307, § 1.

(a) (1) (A) All mineral proceeds that are held or owing by the holder and that have remained unclaimed by the owner for longer than three (3) years after the mineral proceeds became payable or distributable are presumed abandoned. (B) Abandoned mineral proceeds are subject to the unclaimed property provisions of the Unclaimed Property Act, § 18-28-201 et seq., except that funds received by the Auditor of State under this section shall be deposited by the Auditor of State into a special trust fund to be known as the "Abandoned Mineral Proceeds Trust Fund". (C) The funds shall be deposited into accounts in one (1) or more financial institutions authorized to do business in this state and may then be transferred into the State Treasury Money Management Trust to be administered in accordance with the laws of this state. (2) (A) However, upon petition of the county attorney of the county in which the abandoned minerals were produced or severed, abandoned mineral proceeds that are held pursuant to leases executed by receivers or their successors appointed by a court of proper jurisdiction, shall be remitted by the holder to the county in which the minerals were produced or severed and deposited into the county general fund. (B) The county attorney shall publish notice of his or her petition in a legal newspaper having general circulation in the county, and the notice shall be published at least one (1) time. (3) The holder of abandoned mineral proceeds turned over to the Auditor of State under this section shall provide the following information to the Auditor of State: (A) The name and last known address of the property owner; (B) The applicable well name, uncontrolled lease name, or unitized area name as recognized by the Oil and Gas Commission; (C) Either: (i) The county, section, township, and range of the well; or (ii) The county, section, township, and range from which the abandoned minerals were severed or produced; and (D) Any other information required by the Auditor of State.

(1) (A) All mineral proceeds that are held or owing by the holder and that have remained unclaimed by the owner for longer than three (3) years after the mineral proceeds became payable or distributable are presumed abandoned. (B) Abandoned mineral proceeds are subject to the unclaimed property provisions of the Unclaimed Property Act, § 18-28-201 et seq., except that funds received by the Auditor of State under this section shall be deposited by the Auditor of State into a special trust fund to be known as the "Abandoned Mineral Proceeds Trust Fund". (C) The funds shall be deposited into accounts in one (1) or more financial institutions authorized to do business in this state and may then be transferred into the State Treasury Money Management Trust to be administered in accordance with the laws of this state.

(A) All mineral proceeds that are held or owing by the holder and that have remained unclaimed by the owner for longer than three (3) years after the mineral proceeds became payable or distributable are presumed abandoned.

(B) Abandoned mineral proceeds are subject to the unclaimed property provisions of the Unclaimed Property Act, § 18-28-201 et seq., except that funds received by the Auditor of State under this section shall be deposited by the Auditor of State into a special trust fund to be known as the "Abandoned Mineral Proceeds Trust Fund".

(C) The funds shall be deposited into accounts in one (1) or more financial institutions authorized to do business in this state and may then be transferred into the State Treasury Money Management Trust to be administered in accordance with the laws of this state.

(2) (A) However, upon petition of the county attorney of the county in which the abandoned minerals were produced or severed, abandoned mineral proceeds that are held pursuant to leases executed by receivers or their successors appointed by a court of proper jurisdiction, shall be remitted by the holder to the county in which the minerals were produced or severed and deposited into the county general fund. (B) The county attorney shall publish notice of his or her petition in a legal newspaper having general circulation in the county, and the notice shall be published at least one (1) time.

(A) However, upon petition of the county attorney of the county in which the abandoned minerals were produced or severed, abandoned mineral proceeds that are held pursuant to leases executed by receivers or their successors appointed by a court of proper jurisdiction, shall be remitted by the holder to the county in which the minerals were produced or severed and deposited into the county general fund.

(B) The county attorney shall publish notice of his or her petition in a legal newspaper having general circulation in the county, and the notice shall be published at least one (1) time.

(3) The holder of abandoned mineral proceeds turned over to the Auditor of State under this section shall provide the following information to the Auditor of State: (A) The name and last known address of the property owner; (B) The applicable well name, uncontrolled lease name, or unitized area name as recognized by the Oil and Gas Commission; (C) Either: (i) The county, section, township, and range of the well; or (ii) The county, section, township, and range from which the abandoned minerals were severed or produced; and (D) Any other information required by the Auditor of State.

(A) The name and last known address of the property owner;

(B) The applicable well name, uncontrolled lease name, or unitized area name as recognized by the Oil and Gas Commission;

(C) Either: (i) The county, section, township, and range of the well; or (ii) The county, section, township, and range from which the abandoned minerals were severed or produced; and

(i) The county, section, township, and range of the well; or

(ii) The county, section, township, and range from which the abandoned minerals were severed or produced; and

(D) Any other information required by the Auditor of State.

(b) The Abandoned Mineral Proceeds Trust Fund shall be used by the Auditor of State to pay the claims of persons establishing ownership of mineral proceeds in possession of the state under this subchapter and for the enforcement and administration of this subchapter. At least one (1) time each fiscal year, the Auditor of State shall transfer to the County Aid Fund in the State Treasury all funds in the Abandoned Mineral Proceeds Trust Fund in excess of an amount determined by the Auditor of State to be sufficient to pay the anticipated expenses and claims of the Abandoned Mineral Proceeds Trust Fund.

(c) (1) Funds credited to the County Aid Fund pursuant to the provisions of this subchapter shall annually be equally distributed among all the counties in the state by the Treasurer of State. (2) All funds remitted to the respective counties shall be credited to the county general fund.

(1) Funds credited to the County Aid Fund pursuant to the provisions of this subchapter shall annually be equally distributed among all the counties in the state by the Treasurer of State.

(2) All funds remitted to the respective counties shall be credited to the county general fund.

Amended by Act 2019, No. 325,§ 2, eff. 3/6/2019.

Amended by Act 2015, No. 1039,§ 3, eff. 7/22/2015.

Amended by Act 2013, No. 1130,§ 10, eff. 8/16/2013.

Acts 1987, No. 362, § 2; 1987 (1st Ex. Sess.), No. 35, § 1; 1989, No. 904, § 1; 1989 (3rd Ex. Sess.), No. 39, § 2; 1993, No. 1153, § 12; 1995, No. 748, § 1; 2003, No. 1307, § 1.
Ark. Code Ann. § 18-12-102 — AR Code / Title 18 / Chapter 12 / Subchapter 1 / Section 18-12-102
Transfer by deed - Warranty
Status: in_force

(a) All lands, tenements, and hereditaments may be aliened and possession thereof transferred by deed without livery of seizin. (b) The words, "grant, bargain and sell" shall be an express covenant to the grantee, his or her heirs, and assigns that the grantor is seized of an indefeasible estate in fee simple, free from encumbrance done or suffered from the grantor, except rents or services that may be expressly reserved by the deed, as also for the quiet enjoyment thereof against the grantor, his or her heirs, and assigns and from the claim and demand of all other persons whatever, unless limited by express words in the deed. (c) The grantee, his or her heirs, or assigns, may, in any action, assign breaches as if such covenants were expressly inserted. (d) As between the grantor and grantee, neither the statutory nor general express covenant of warranty against encumbrances shall be held to cover any taxes or assessments of any improvement district of any kind, whether formed under general statutes authorizing the assessment of lands for local improvements of any kind or whether the improvement district is formed by public or private act of the General Assembly. The lien for any such local assessment or tax shall run with the land and be assumed by the grantee, and the grantee shall pay any and all installments of the tax or assessment becoming due after the execution and delivery of the deed, unless otherwise expressly provided. Rev. Stat., ch. 31, §§ 1, 2; Acts 1917, No. 332, § 1, p. 1671; C. & M. Dig., §§ 1495, 1496; Pope's Dig., §§ 1795, 1796; A.S.A. 1947, §§ 50-401, 50-402.

(a) All lands, tenements, and hereditaments may be aliened and possession thereof transferred by deed without livery of seizin.

(b) The words, "grant, bargain and sell" shall be an express covenant to the grantee, his or her heirs, and assigns that the grantor is seized of an indefeasible estate in fee simple, free from encumbrance done or suffered from the grantor, except rents or services that may be expressly reserved by the deed, as also for the quiet enjoyment thereof against the grantor, his or her heirs, and assigns and from the claim and demand of all other persons whatever, unless limited by express words in the deed.

(c) The grantee, his or her heirs, or assigns, may, in any action, assign breaches as if such covenants were expressly inserted.

(d) As between the grantor and grantee, neither the statutory nor general express covenant of warranty against encumbrances shall be held to cover any taxes or assessments of any improvement district of any kind, whether formed under general statutes authorizing the assessment of lands for local improvements of any kind or whether the improvement district is formed by public or private act of the General Assembly. The lien for any such local assessment or tax shall run with the land and be assumed by the grantee, and the grantee shall pay any and all installments of the tax or assessment becoming due after the execution and delivery of the deed, unless otherwise expressly provided.

Rev. Stat., ch. 31, §§ 1, 2; Acts 1917, No. 332, § 1, p. 1671; C. & M. Dig., §§ 1495, 1496; Pope's Dig., §§ 1795, 1796; A.S.A. 1947, §§ 50-401, 50-402.
Ark. Code Ann. § 18-12-502 — AR Code / Title 18 / Chapter 12 / Subchapter 5 / Section 18-12-502
Revocation
Status: in_force

(a) (1) A power of attorney, acknowledged or proved and certified as prescribed by this act, may be revoked by the maker of the power of attorney or his or her legal representatives. (2) The revocation shall be in writing acknowledged or proved before the proper court or officer and filed for record in the county or counties where the power of attorney was intended to operate. (b) A power of attorney is revoked and void from the time of filing the revocation for record. Amended by Act 2021, No. 356,§ 2, eff. 7/28/2021. Rev. Stat., ch. 31, § 25; C. & M. Dig., § 1529; Pope's Dig., § 1839; A.S.A. 1947, § 50-424.

(a) (1) A power of attorney, acknowledged or proved and certified as prescribed by this act, may be revoked by the maker of the power of attorney or his or her legal representatives. (2) The revocation shall be in writing acknowledged or proved before the proper court or officer and filed for record in the county or counties where the power of attorney was intended to operate.

(1) A power of attorney, acknowledged or proved and certified as prescribed by this act, may be revoked by the maker of the power of attorney or his or her legal representatives.

(2) The revocation shall be in writing acknowledged or proved before the proper court or officer and filed for record in the county or counties where the power of attorney was intended to operate.

(b) A power of attorney is revoked and void from the time of filing the revocation for record.

Amended by Act 2021, No. 356,§ 2, eff. 7/28/2021.

Rev. Stat., ch. 31, § 25; C. & M. Dig., § 1529; Pope's Dig., § 1839; A.S.A. 1947, § 50-424.
Ark. Code Ann. § 18-60-819 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-819
Arrest and discharge of defendant
Status: in_force

(a) If the property described in the order shall have been removed or concealed so that the officer cannot make delivery thereof, when the order contains a capias clause, the officer shall arrest the body of the defendant and hold him or her in custody in the same manner as on a capias ad respondendum in a personal action until the defendant shall execute the bond prescribed in subsection (b) of this section or be otherwise legally discharged. (b) The defendant shall be entitled to be discharged from arrest at any time before final judgment had in the cause upon executing to the officer who shall have made the arrest, with the addition of his or her name of office, a bond in a penalty of at least double the value of the property described as sworn to in the affidavit, with such security as shall be approved by the officer, conditioned that the defendant shall abide the order and judgment of the court in the action and that he or she will cause special bail to be put in, if it is required. Acts 1875 (Adj. Sess.), No. 86, §§ 2, 3, p. 165; C. & M. Dig., §§ 8644, 8645; Pope's Dig., §§ 11377, 11378; A.S.A. 1947, §§ 34-2112, 34-2113.

(a) If the property described in the order shall have been removed or concealed so that the officer cannot make delivery thereof, when the order contains a capias clause, the officer shall arrest the body of the defendant and hold him or her in custody in the same manner as on a capias ad respondendum in a personal action until the defendant shall execute the bond prescribed in subsection (b) of this section or be otherwise legally discharged.

(b) The defendant shall be entitled to be discharged from arrest at any time before final judgment had in the cause upon executing to the officer who shall have made the arrest, with the addition of his or her name of office, a bond in a penalty of at least double the value of the property described as sworn to in the affidavit, with such security as shall be approved by the officer, conditioned that the defendant shall abide the order and judgment of the court in the action and that he or she will cause special bail to be put in, if it is required.

Acts 1875 (Adj. Sess.), No. 86, §§ 2, 3, p. 165; C. & M. Dig., §§ 8644, 8645; Pope's Dig., §§ 11377, 11378; A.S.A. 1947, §§ 34-2112, 34-2113.
Ark. Code Ann. § 18-15-712 — AR Code / Title 18 / Chapter 15 / Subchapter 7 / Section 18-15-712
Erection of dam by owner of land on one side of watercourse
Status: in_force

(a) Any person being the owner in fee simple of the land on one (1) side of a watercourse, including part of the bed of the watercourse at the point where he or she proposes to erect a dam, may erect the dam by proceeding as provided in this subchapter. (b) (1) The person proposing to erect a dam shall also file his or her petition, and in addition to the requisitions of § 18-15-705 , shall set forth the name and place of residence of the proprietor of the land on the other side of the watercourse whereon he or she would abut his or her dam and on what side of the watercourse he or she proposes to erect his or her mill or other machinery in connection with his or her dam. (2) The petition shall be filed in the county wherein he or she proposes to erect the mill or other machinery. (c) In this case, the sheriff shall further find by the jury the value of one (1) acre of ground on the opposite side of the watercourse, to include the place where the petitioner would abut his or her dam or build his or her mill or other machinery. The sheriff with the assistance of the jury shall set this one (1) acre of ground apart by metes and bounds. (d) (1) The sheriff shall notify the proprietor of the land, whereof one (1) acre is prayed for, of the time and place when and where he or she will take the inquest of the jury, if the proprietor is in his or her county, and, if not, the sheriff shall set up the notice at the house of the tenant of the land. If there is no tenant thereof, then the sheriff shall set up the notice at some conspicuous place on the land. (2) In discharging duties pursuant to this subchapter, the sheriff shall have power with the jury to go into and act in an adjoining county when necessary. (e) When the party petitioning shall have prayed for one (1) acre of ground whereupon to abut his or her dam, the court shall include in its order granting permission to erect the dam, a decree vesting the acre of land and the title thereof in the party petitioning and his or her heirs and assigns, forever. (f) In case of noncompliance with any of the conditions concerning building, rebuilding, or repairing, when the land of another has been decreed by the court for the purpose of an abutment, the land shall revert to and revest in the original owner or his or her legal representatives. Rev. Stat., ch. 98, §§ 2, 6, 9, 10, 16, 20; C. & M. Dig., §§ 3944, 3948, 3951, 3952, 3958, 3962; Pope's Dig., §§ 4945, 4950, 4953, 4954, 4960, 4964; A.S.A. 1947, §§ 35-502, 35-506, 35-509, 35-510, 35-516, 35-520.

(a) Any person being the owner in fee simple of the land on one (1) side of a watercourse, including part of the bed of the watercourse at the point where he or she proposes to erect a dam, may erect the dam by proceeding as provided in this subchapter.

(b) (1) The person proposing to erect a dam shall also file his or her petition, and in addition to the requisitions of § 18-15-705 , shall set forth the name and place of residence of the proprietor of the land on the other side of the watercourse whereon he or she would abut his or her dam and on what side of the watercourse he or she proposes to erect his or her mill or other machinery in connection with his or her dam. (2) The petition shall be filed in the county wherein he or she proposes to erect the mill or other machinery.

(1) The person proposing to erect a dam shall also file his or her petition, and in addition to the requisitions of § 18-15-705 , shall set forth the name and place of residence of the proprietor of the land on the other side of the watercourse whereon he or she would abut his or her dam and on what side of the watercourse he or she proposes to erect his or her mill or other machinery in connection with his or her dam.

(2) The petition shall be filed in the county wherein he or she proposes to erect the mill or other machinery.

(c) In this case, the sheriff shall further find by the jury the value of one (1) acre of ground on the opposite side of the watercourse, to include the place where the petitioner would abut his or her dam or build his or her mill or other machinery. The sheriff with the assistance of the jury shall set this one (1) acre of ground apart by metes and bounds.

(d) (1) The sheriff shall notify the proprietor of the land, whereof one (1) acre is prayed for, of the time and place when and where he or she will take the inquest of the jury, if the proprietor is in his or her county, and, if not, the sheriff shall set up the notice at the house of the tenant of the land. If there is no tenant thereof, then the sheriff shall set up the notice at some conspicuous place on the land. (2) In discharging duties pursuant to this subchapter, the sheriff shall have power with the jury to go into and act in an adjoining county when necessary.

(1) The sheriff shall notify the proprietor of the land, whereof one (1) acre is prayed for, of the time and place when and where he or she will take the inquest of the jury, if the proprietor is in his or her county, and, if not, the sheriff shall set up the notice at the house of the tenant of the land. If there is no tenant thereof, then the sheriff shall set up the notice at some conspicuous place on the land.

(2) In discharging duties pursuant to this subchapter, the sheriff shall have power with the jury to go into and act in an adjoining county when necessary.

(e) When the party petitioning shall have prayed for one (1) acre of ground whereupon to abut his or her dam, the court shall include in its order granting permission to erect the dam, a decree vesting the acre of land and the title thereof in the party petitioning and his or her heirs and assigns, forever.

(f) In case of noncompliance with any of the conditions concerning building, rebuilding, or repairing, when the land of another has been decreed by the court for the purpose of an abutment, the land shall revert to and revest in the original owner or his or her legal representatives.

Rev. Stat., ch. 98, §§ 2, 6, 9, 10, 16, 20; C. & M. Dig., §§ 3944, 3948, 3951, 3952, 3958, 3962; Pope's Dig., §§ 4945, 4950, 4953, 4954, 4960, 4964; A.S.A. 1947, §§ 35-502, 35-506, 35-509, 35-510, 35-516, 35-520.
Ark. Code Ann. § 18-14-601 — AR Code / Title 18 / Chapter 14 / Subchapter 6 / Section 18-14-601
Financing of time-share plans
Status: in_force

(a) In the financing of a time-share plan, the developer and its successors in interest shall retain financial records of the schedule of payments required to be made and the payments made to a person or entity that is the lienholder of an underlying blanket mortgage, deed of trust, contract of sale, or other lien or encumbrance. (b) Any transfer of the developer's interest in the time-share plan to a third person is subject to the obligations of the developer to the extent the obligations were originally established in written documents recorded in the real estate records and not existing solely from the offering of materials or filings with a governmental authority. Amended by Act 2013, No. 710,§ 6, eff. 8/16/2013. Acts 1983, No. 294, Art. 5, § 5-101; A.S.A. 1947, § 50-1332.

(a) In the financing of a time-share plan, the developer and its successors in interest shall retain financial records of the schedule of payments required to be made and the payments made to a person or entity that is the lienholder of an underlying blanket mortgage, deed of trust, contract of sale, or other lien or encumbrance.

(b) Any transfer of the developer's interest in the time-share plan to a third person is subject to the obligations of the developer to the extent the obligations were originally established in written documents recorded in the real estate records and not existing solely from the offering of materials or filings with a governmental authority.

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

Acts 1983, No. 294, Art. 5, § 5-101; A.S.A. 1947, § 50-1332.
Ark. Code Ann. § 18-12-205 — AR Code / Title 18 / Chapter 12 / Subchapter 2 / Section 18-12-205
Certificate of acknowledgment
Status: in_force

(a) Any court or officer that takes a proof or an acknowledgment of any instrument affecting real property shall grant a certificate of the proof or acknowledgment. (b) The court or officer shall cause the certificate of the proof or acknowledgment to be endorsed on the instrument affecting real property. (c) The certificate of the proof or acknowledgment shall be signed by the clerk of the court or by the officer if he or she has a seal of office. Rev. Stat., ch. 31, § 16; C. & M. Dig., § 1519; Pope's Dig., § 1828; A.S.A. 1947, § 49-206; Acts 2007, No. 827, § 142.

(a) Any court or officer that takes a proof or an acknowledgment of any instrument affecting real property shall grant a certificate of the proof or acknowledgment.

(b) The court or officer shall cause the certificate of the proof or acknowledgment to be endorsed on the instrument affecting real property.

(c) The certificate of the proof or acknowledgment shall be signed by the clerk of the court or by the officer if he or she has a seal of office.

Rev. Stat., ch. 31, § 16; C. & M. Dig., § 1519; Pope's Dig., § 1828; A.S.A. 1947, § 49-206; Acts 2007, No. 827, § 142.
Ark. Code Ann. § 18-60-604 — AR Code / Title 18 / Chapter 60 / Subchapter 6 / Section 18-60-604
Petition taken as confessed
Status: in_force

If the deed or deeds are in proper legal form and properly executed, if there is proof showing payment, settlement, or release of the taxes, and if the evidence shows that no one is in possession adverse to the petitioner, then in case no one has appeared to show cause against the prayer of the petitioner, the petition shall be taken as confessed and the court shall render final decrees confirming the sale in question. Rev. Stat., ch. 149, § 4; Acts 1893, No. 95, § 3, p. 165; C. & M. Dig., § 8388; Pope's Dig., § 10984; Acts 1951, No. 263, § 3; A.S.A. 1947, § 34-1921; Acts 2007, No. 1037, § 3.

If the deed or deeds are in proper legal form and properly executed, if there is proof showing payment, settlement, or release of the taxes, and if the evidence shows that no one is in possession adverse to the petitioner, then in case no one has appeared to show cause against the prayer of the petitioner, the petition shall be taken as confessed and the court shall render final decrees confirming the sale in question.

Rev. Stat., ch. 149, § 4; Acts 1893, No. 95, § 3, p. 165; C. & M. Dig., § 8388; Pope's Dig., § 10984; Acts 1951, No. 263, § 3; A.S.A. 1947, § 34-1921; Acts 2007, No. 1037, § 3.
Ark. Code Ann. § 18-44-202 — AR Code / Title 18 / Chapter 44 / Subchapter 2 / Section 18-44-202
Right to lien in general - Extent
Status: in_force

(a) Any person, corporation, firm, association, partnership, material man, artisan, laborer, or mechanic who when under contract, express or implied, made with the owner or lessee of any land, mine, or quarry, or the owner of any gas, oil, or mineral leasehold interest in land, or the owner of any gas pipeline or oil pipeline, or owner of any oil or gas pipeline right-of-way, or with the trustee, agent, or receiver of any such owner, performs labor, or furnishes fuel, material, machinery, or supplies used in the digging, drilling, torpedoing, operating, completing, equipping, maintaining, or repairing of any oil or gas well, water well, mine or quarry, or oil or gas pipeline, including any and all tanks or other receptacles used or intended for the storage of oil, regardless of where the oil is produced, shall have a lien on: (1) The whole of the land or leasehold interest therein; (2) Any oil pipeline or gas pipeline including the right-of-way for the pipeline; (3) Any lease for oil and gas purposes, the buildings and appurtenances, the materials and supplies so furnished, the oil well, gas well, water well, oil or gas pipeline, mine, or quarry for which they are furnished, and on all of the other oil wells, gas wells, buildings and appurtenances including pipelines, leasehold interests, and land used in operating for oil, gas, and other minerals; or (4) The leasehold, land, or pipeline and the right-of-way therefor for which the material and supplies were furnished or labor performed, whether they are movable or not. (b) If labor supplies, machinery, or material are furnished to a leaseholder, the lien created by this section shall not attach to the underlying fee title to the land. Acts 1923, No. 615, § 1; Pope's Dig., § 8905; A.S.A. 1947, § 51-701.

(a) Any person, corporation, firm, association, partnership, material man, artisan, laborer, or mechanic who when under contract, express or implied, made with the owner or lessee of any land, mine, or quarry, or the owner of any gas, oil, or mineral leasehold interest in land, or the owner of any gas pipeline or oil pipeline, or owner of any oil or gas pipeline right-of-way, or with the trustee, agent, or receiver of any such owner, performs labor, or furnishes fuel, material, machinery, or supplies used in the digging, drilling, torpedoing, operating, completing, equipping, maintaining, or repairing of any oil or gas well, water well, mine or quarry, or oil or gas pipeline, including any and all tanks or other receptacles used or intended for the storage of oil, regardless of where the oil is produced, shall have a lien on: (1) The whole of the land or leasehold interest therein; (2) Any oil pipeline or gas pipeline including the right-of-way for the pipeline; (3) Any lease for oil and gas purposes, the buildings and appurtenances, the materials and supplies so furnished, the oil well, gas well, water well, oil or gas pipeline, mine, or quarry for which they are furnished, and on all of the other oil wells, gas wells, buildings and appurtenances including pipelines, leasehold interests, and land used in operating for oil, gas, and other minerals; or (4) The leasehold, land, or pipeline and the right-of-way therefor for which the material and supplies were furnished or labor performed, whether they are movable or not.

(1) The whole of the land or leasehold interest therein;

(2) Any oil pipeline or gas pipeline including the right-of-way for the pipeline;

(3) Any lease for oil and gas purposes, the buildings and appurtenances, the materials and supplies so furnished, the oil well, gas well, water well, oil or gas pipeline, mine, or quarry for which they are furnished, and on all of the other oil wells, gas wells, buildings and appurtenances including pipelines, leasehold interests, and land used in operating for oil, gas, and other minerals; or

(4) The leasehold, land, or pipeline and the right-of-way therefor for which the material and supplies were furnished or labor performed, whether they are movable or not.

(b) If labor supplies, machinery, or material are furnished to a leaseholder, the lien created by this section shall not attach to the underlying fee title to the land.

Acts 1923, No. 615, § 1; Pope's Dig., § 8905; A.S.A. 1947, § 51-701.
Ark. Code Ann. § 18-17-201 — AR Code / Title 18 / Chapter 17 / Subchapter 2 / Section 18-17-201
Territorial application
Status: in_force

This chapter applies to, regulates, and determines rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. Acts 2007, No. 1004, § 1.

This chapter applies to, regulates, and determines rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-60-307 — AR Code / Title 18 / Chapter 60 / Subchapter 3 / Section 18-60-307
Proceedings in court
Status: in_force

(a) When any person to whom any cause of action shall accrue under this subchapter shall file in the office of the clerk of the court a complaint signed by him or her, his or her agent or attorney, specifying the lands, tenements, or other possessions so forcibly entered and detained, or unlawfully detained over, and by whom and when done, and shall also file the affidavit of himself or herself or some other credible person for him or her, stating that the plaintiff is lawfully entitled to the possession of the lands, tenements, or other possessions mentioned in the complaint and that the defendant forcibly entered upon and detained them or unlawfully detains them, after lawful demand therefor made in the manner described in this subchapter, the clerk of the court shall thereupon issue a summons upon the complaint. The summons shall be in customary form directed to the sheriff of the county, or process server, in which the cause of action is filed, with direction for service thereof on the named defendants. In addition, he or she shall issue and direct the sheriff or process server to serve upon the named defendants a notice in the following form: Click here to view form. (b) If, within five (5) days, excluding Sundays and legal holidays, following service of this summons, complaint, and notice seeking a writ of possession against the defendants named therein, the defendant or defendants have not filed a written objection to the claim for possession made by the plaintiff in his or her complaint, the clerk of the court, upon order of the court, shall immediately issue a writ of possession directed to the sheriff commanding him or her to cause the possession of the property described in the complaint to be delivered to the plaintiff without delay, which the sheriff shall thereupon execute in the manner described in § 18-60-310 . (c) If a written objection to the claim of the plaintiff for a writ of possession shall be filed by the defendant or defendants within five (5) days from the date of service of the notice, summons, and complaint as provided for in this section, the plaintiff shall obtain a date for the hearing of the plaintiff's demand for possession of the property described in the complaint at any time thereafter when the matter may be heard by the court and shall give notice of the date, time, and place of the hearing by certified mail, postage prepaid, either to the defendant or to his or her or their counsel of record. (d) (1) (A) If a hearing is required to be held on the demand of the plaintiff for an immediate writ of possession, the plaintiff shall present evidence sufficient to make a prima facie case of entitlement to possession of the property described in the complaint. The defendant or defendants shall be entitled to present evidence in rebuttal thereof. (B) (i) If the court decides upon all the evidence that the plaintiff is likely to succeed on the merits at a full hearing, then the court shall order the clerk forthwith to issue a writ of possession to the sheriff to place the plaintiff in possession of the property described in the complaint, subject to the provisions of subsection (e) of this section. (ii) No such action by the court shall be final adjudication of the parties' rights in the action. (2) A plaintiff demanding an immediate writ of possession who is a housing authority and who claims in its complaint that the defendant or defendants are being asked to surrender possession as a result of the defendant's or defendants' having been convicted of a criminal violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., shall be entitled to receive an expedited hearing before the court within ten (10) days of the filing of the objection by the defendant or defendants. (e) If the defendant desires to retain possession of the property, the court may upon motion and good cause shown allow the retention of the premises only if the defendant provides, within five (5) days of issuance of the writ of possession, adequate security as determined by the court in any event not less than the amount of any delinquent rent and rent to accrue while the defendant is allowed to retain possession of the premises. Amended by Act 2023, No. 414,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1052,§ 2, eff. 7/28/2021. Acts 1981, No. 615, § 7; A.S.A. 1947, § 34-1507; Acts 1989 (3rd Ex. Sess.), No. 11, § 1; 2007, No. 535, § 2; 2007, No. 728, §§ 1, 2.

(a) When any person to whom any cause of action shall accrue under this subchapter shall file in the office of the clerk of the court a complaint signed by him or her, his or her agent or attorney, specifying the lands, tenements, or other possessions so forcibly entered and detained, or unlawfully detained over, and by whom and when done, and shall also file the affidavit of himself or herself or some other credible person for him or her, stating that the plaintiff is lawfully entitled to the possession of the lands, tenements, or other possessions mentioned in the complaint and that the defendant forcibly entered upon and detained them or unlawfully detains them, after lawful demand therefor made in the manner described in this subchapter, the clerk of the court shall thereupon issue a summons upon the complaint. The summons shall be in customary form directed to the sheriff of the county, or process server, in which the cause of action is filed, with direction for service thereof on the named defendants. In addition, he or she shall issue and direct the sheriff or process server to serve upon the named defendants a notice in the following form: Click here to view form.

Click here to view form.

(b) If, within five (5) days, excluding Sundays and legal holidays, following service of this summons, complaint, and notice seeking a writ of possession against the defendants named therein, the defendant or defendants have not filed a written objection to the claim for possession made by the plaintiff in his or her complaint, the clerk of the court, upon order of the court, shall immediately issue a writ of possession directed to the sheriff commanding him or her to cause the possession of the property described in the complaint to be delivered to the plaintiff without delay, which the sheriff shall thereupon execute in the manner described in § 18-60-310 .

(c) If a written objection to the claim of the plaintiff for a writ of possession shall be filed by the defendant or defendants within five (5) days from the date of service of the notice, summons, and complaint as provided for in this section, the plaintiff shall obtain a date for the hearing of the plaintiff's demand for possession of the property described in the complaint at any time thereafter when the matter may be heard by the court and shall give notice of the date, time, and place of the hearing by certified mail, postage prepaid, either to the defendant or to his or her or their counsel of record.

(d) (1) (A) If a hearing is required to be held on the demand of the plaintiff for an immediate writ of possession, the plaintiff shall present evidence sufficient to make a prima facie case of entitlement to possession of the property described in the complaint. The defendant or defendants shall be entitled to present evidence in rebuttal thereof. (B) (i) If the court decides upon all the evidence that the plaintiff is likely to succeed on the merits at a full hearing, then the court shall order the clerk forthwith to issue a writ of possession to the sheriff to place the plaintiff in possession of the property described in the complaint, subject to the provisions of subsection (e) of this section. (ii) No such action by the court shall be final adjudication of the parties' rights in the action. (2) A plaintiff demanding an immediate writ of possession who is a housing authority and who claims in its complaint that the defendant or defendants are being asked to surrender possession as a result of the defendant's or defendants' having been convicted of a criminal violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., shall be entitled to receive an expedited hearing before the court within ten (10) days of the filing of the objection by the defendant or defendants.

(1) (A) If a hearing is required to be held on the demand of the plaintiff for an immediate writ of possession, the plaintiff shall present evidence sufficient to make a prima facie case of entitlement to possession of the property described in the complaint. The defendant or defendants shall be entitled to present evidence in rebuttal thereof. (B) (i) If the court decides upon all the evidence that the plaintiff is likely to succeed on the merits at a full hearing, then the court shall order the clerk forthwith to issue a writ of possession to the sheriff to place the plaintiff in possession of the property described in the complaint, subject to the provisions of subsection (e) of this section. (ii) No such action by the court shall be final adjudication of the parties' rights in the action.

(A) If a hearing is required to be held on the demand of the plaintiff for an immediate writ of possession, the plaintiff shall present evidence sufficient to make a prima facie case of entitlement to possession of the property described in the complaint. The defendant or defendants shall be entitled to present evidence in rebuttal thereof.

(B) (i) If the court decides upon all the evidence that the plaintiff is likely to succeed on the merits at a full hearing, then the court shall order the clerk forthwith to issue a writ of possession to the sheriff to place the plaintiff in possession of the property described in the complaint, subject to the provisions of subsection (e) of this section. (ii) No such action by the court shall be final adjudication of the parties' rights in the action.

(i) If the court decides upon all the evidence that the plaintiff is likely to succeed on the merits at a full hearing, then the court shall order the clerk forthwith to issue a writ of possession to the sheriff to place the plaintiff in possession of the property described in the complaint, subject to the provisions of subsection (e) of this section.

(ii) No such action by the court shall be final adjudication of the parties' rights in the action.

(2) A plaintiff demanding an immediate writ of possession who is a housing authority and who claims in its complaint that the defendant or defendants are being asked to surrender possession as a result of the defendant's or defendants' having been convicted of a criminal violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., shall be entitled to receive an expedited hearing before the court within ten (10) days of the filing of the objection by the defendant or defendants.

(e) If the defendant desires to retain possession of the property, the court may upon motion and good cause shown allow the retention of the premises only if the defendant provides, within five (5) days of issuance of the writ of possession, adequate security as determined by the court in any event not less than the amount of any delinquent rent and rent to accrue while the defendant is allowed to retain possession of the premises.

Amended by Act 2023, No. 414,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 1052,§ 2, eff. 7/28/2021.

Acts 1981, No. 615, § 7; A.S.A. 1947, § 34-1507; Acts 1989 (3rd Ex. Sess.), No. 11, § 1; 2007, No. 535, § 2; 2007, No. 728, §§ 1, 2.

60_307_1 - Attachment
Ark. Code Ann. § 18-28-224 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-224
Interest and penalties
Status: in_force

(a) A holder who fails to report, pay, or deliver property within the time prescribed by this subchapter shall pay to the administrator interest at the annual rate of two (2) percentage points above the bank prime loan rate as reported from time to time in the Board of Governors of the Federal Reserve System statistical release H.15 (Selected Interest Rates) or any successor publication on the property or value thereof from the date the property should have been reported, paid or delivered. (b) Except as otherwise provided in subsection (c), a holder who fails to report, pay, or deliver property within the time prescribed by this subchapter, or fails to perform other duties imposed by this subchapter, shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of two hundred dollars ($200) for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of five thousand dollars ($5,000). (c) A holder who willfully fails to report, pay, or deliver property within the time prescribed by this subchapter, or willfully fails to perform other duties imposed by this subchapter, shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of one thousand dollars ($1,000) for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of twenty-five thousand dollars ($25,000), plus twenty-five percent (25%) of the value of any property that should have been but was not reported. (d) A holder who makes a fraudulent report shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of one thousand dollars ($1,000) for each day from the date a report under this subchapter was due, up to a maximum of twenty-five thousand dollars ($25,000), plus twenty-five percent (25%) of the value of any property that should have been but was not reported. (e) The administrator for good cause may waive, in whole or in part, interest under subsection (a) and penalties under subsections (b) and (c), and shall waive penalties if the holder acted in good faith and without negligence. Acts 1999, No. 850, § 24; 2005, No. 175, § 4.

(a) A holder who fails to report, pay, or deliver property within the time prescribed by this subchapter shall pay to the administrator interest at the annual rate of two (2) percentage points above the bank prime loan rate as reported from time to time in the Board of Governors of the Federal Reserve System statistical release H.15 (Selected Interest Rates) or any successor publication on the property or value thereof from the date the property should have been reported, paid or delivered.

(b) Except as otherwise provided in subsection (c), a holder who fails to report, pay, or deliver property within the time prescribed by this subchapter, or fails to perform other duties imposed by this subchapter, shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of two hundred dollars ($200) for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of five thousand dollars ($5,000).

(c) A holder who willfully fails to report, pay, or deliver property within the time prescribed by this subchapter, or willfully fails to perform other duties imposed by this subchapter, shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of one thousand dollars ($1,000) for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of twenty-five thousand dollars ($25,000), plus twenty-five percent (25%) of the value of any property that should have been but was not reported.

(d) A holder who makes a fraudulent report shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of one thousand dollars ($1,000) for each day from the date a report under this subchapter was due, up to a maximum of twenty-five thousand dollars ($25,000), plus twenty-five percent (25%) of the value of any property that should have been but was not reported.

(e) The administrator for good cause may waive, in whole or in part, interest under subsection (a) and penalties under subsections (b) and (c), and shall waive penalties if the holder acted in good faith and without negligence.

Acts 1999, No. 850, § 24; 2005, No. 175, § 4.
Ark. Code Ann. § 18-44-508 — AR Code / Title 18 / Chapter 44 / Subchapter 5 / Section 18-44-508
Actions - Limitations
Status: in_force

(a) All persons, firms, associations, and corporations who have valid claims against the payment bond or performance bond may bring an action thereon against the corporate surety. (b) An action shall not be brought on a payment bond after one (1) year from the date of whichever of the following occurs first, the date the: (1) Final payment is made on the construction contract, public construction contract, or real estate construction contract; or (2) Principal contractor on the payment bond ceases work on the construction contract, public construction contract, or real estate construction contract. (c) An action shall not be brought on a performance bond after two (2) years from whichever of the following occurs first, the date a principal contractor on the performance bond: (1) Receives final payment under the construction contract, public construction contract, or real estate construction contract; or (2) Ceases work on the construction contract, public construction contract, or real estate construction contract. (d) (1) Before bringing a civil action concerning a payment bond under this subchapter, a person having no contractual relationship with the contractor furnishing the bond, express or implied, shall give written notice to the contractor and his or her surety within ninety (90) days after the last date labor was performed or the last of the material or services for which the claim is based were furnished or supplied. (2) Notice required by subdivision (d)(1) of this section shall: (A) State the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed; and (B) Be served: (i) By any means that provides written third-party verification of delivery to the contractor's residence or to any place the contractor maintains an office or conducts business; or (ii) In any manner appropriate under the rules of civil procedure for the service of process in a civil action. (e) A civil action under this subchapter shall not be brought outside the State of Arkansas. Amended by Act 2021, No. 986,§ 7, eff. 7/28/2021. Acts 1953, No. 351, § 5; A.S.A. 1947, § 51-636.

(a) All persons, firms, associations, and corporations who have valid claims against the payment bond or performance bond may bring an action thereon against the corporate surety.

(b) An action shall not be brought on a payment bond after one (1) year from the date of whichever of the following occurs first, the date the: (1) Final payment is made on the construction contract, public construction contract, or real estate construction contract; or (2) Principal contractor on the payment bond ceases work on the construction contract, public construction contract, or real estate construction contract.

(1) Final payment is made on the construction contract, public construction contract, or real estate construction contract; or

(2) Principal contractor on the payment bond ceases work on the construction contract, public construction contract, or real estate construction contract.

(c) An action shall not be brought on a performance bond after two (2) years from whichever of the following occurs first, the date a principal contractor on the performance bond: (1) Receives final payment under the construction contract, public construction contract, or real estate construction contract; or (2) Ceases work on the construction contract, public construction contract, or real estate construction contract.

(1) Receives final payment under the construction contract, public construction contract, or real estate construction contract; or

(2) Ceases work on the construction contract, public construction contract, or real estate construction contract.

(d) (1) Before bringing a civil action concerning a payment bond under this subchapter, a person having no contractual relationship with the contractor furnishing the bond, express or implied, shall give written notice to the contractor and his or her surety within ninety (90) days after the last date labor was performed or the last of the material or services for which the claim is based were furnished or supplied. (2) Notice required by subdivision (d)(1) of this section shall: (A) State the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed; and (B) Be served: (i) By any means that provides written third-party verification of delivery to the contractor's residence or to any place the contractor maintains an office or conducts business; or (ii) In any manner appropriate under the rules of civil procedure for the service of process in a civil action.

(1) Before bringing a civil action concerning a payment bond under this subchapter, a person having no contractual relationship with the contractor furnishing the bond, express or implied, shall give written notice to the contractor and his or her surety within ninety (90) days after the last date labor was performed or the last of the material or services for which the claim is based were furnished or supplied.

(2) Notice required by subdivision (d)(1) of this section shall: (A) State the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed; and (B) Be served: (i) By any means that provides written third-party verification of delivery to the contractor's residence or to any place the contractor maintains an office or conducts business; or (ii) In any manner appropriate under the rules of civil procedure for the service of process in a civil action.

(A) State the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed; and

(B) Be served: (i) By any means that provides written third-party verification of delivery to the contractor's residence or to any place the contractor maintains an office or conducts business; or (ii) In any manner appropriate under the rules of civil procedure for the service of process in a civil action.

(i) By any means that provides written third-party verification of delivery to the contractor's residence or to any place the contractor maintains an office or conducts business; or

(ii) In any manner appropriate under the rules of civil procedure for the service of process in a civil action.

(e) A civil action under this subchapter shall not be brought outside the State of Arkansas.

Amended by Act 2021, No. 986,§ 7, eff. 7/28/2021.

Acts 1953, No. 351, § 5; A.S.A. 1947, § 51-636.
Ark. Code Ann. § 18-12-208 — AR Code / Title 18 / Chapter 12 / Subchapter 2 / Section 18-12-208
Defects
Status: in_force

(a) All deeds, conveyances, deeds of trust, mortgages, marriage contracts, and other instruments in writing affecting or purporting to affect the title to any real estate or personal property situated in this state, which have been recorded and which are defective or ineffectual because: (1) Of failure to comply with § 18-12-403 ; (2) The officer who certified the acknowledgment or acknowledgments to such instruments omitted any words required by law to be in the certificate or acknowledgments; (3) The officer failed or omitted to attach his or her seal to the certificate; (4) The officer attached to any such certificate a seal not bearing the words and devices required by law; (5) The officer was a mayor of a city or an incorporated town in the State of Arkansas and as such was not authorized to certify to executions and acknowledgments to such instruments, or was the deputy of an official duly authorized by law to take acknowledgments but whose deputy was not so authorized; (6) The notary public failed to state the date of the expiration of his or her commission on the certificate of acknowledgment, or incorrectly stated it thereon; (7) The officer incorrectly dated the certificate of acknowledgment or failed to state the county wherein the acknowledgment was taken; or (8) The acknowledgment was certified in any county of the State of Arkansas by any person holding an unexpired commission as notary public under the laws of the state who had, at the time of the certification, ceased to be a resident of the county within and for which he or she was commissioned, shall be as binding and effectual as though the certificate of acknowledgment or proof of execution was in due form, bore the proper seal, and was certified to by a duly authorized officer. (b) A deed, conveyance, deed of trust, mortgage, marriage contract, and other instrument in writing, affecting or purporting to affect the title to any real estate or personal property situated in this state, which is executed after August 13, 1993, shall not be deemed defective or ineffectual because: (1) The officer failed or omitted to attach his or her seal to the certificate; (2) The officer attached to any such certificate a seal not bearing the words and devices required by law; (3) The notary public failed to state the date of the expiration of his or her commission on the certificate of acknowledgment, or incorrectly stated it thereon; (4) The officer incorrectly dated the certificate of acknowledgment or failed to state the county wherein the acknowledgment was taken; or (5) The acknowledgment was certified in any county of the State of Arkansas by any person holding an unexpired commission as notary public under the laws of the state who had, at the time of the certification, ceased to be a resident of the county within and for which he or she was commissioned. (c) A deed, conveyance, deed of trust, mortgage, marriage contract, and any other instrument in writing, affecting or purporting to affect the title to any real estate or personal property situated in this state, whether executed before, on, or after April 8, 2013, shall not be found insufficient to satisfy the requirements of § 18-12-202 : (1) Because the acknowledgment thereof does not strictly comply with the form contained in § 16-47-107 or omits the words "for the consideration, uses, and purposes therein mentioned or set forth" or uses similar words; (2) Because the gender listed in the acknowledgment thereof does not match the gender of the person acknowledging the instrument; (3) Because the acknowledgment thereof does not identify the title or position of the person acknowledging the instrument on behalf of a corporation, partnership, company, trust, association, or other entity; or (4) Where a good faith attempt at material compliance with § 16-47-107(a), (b), or (c) , as applicable, has been made and there is no factual dispute as to the authenticity of the signature of the person making acknowledgement thereof. (d) Notwithstanding an acknowledgment to a deed or other instrument which may contain one (1) or more of the defects set forth in this section, if a deed or other instrument is recorded, it shall: (1) Provide constructive notice thereafter to all parties of the matters contained in the deed or other instrument; and (2) Be treated as any other deed or instrument in writing under § 16-47-110 , and may be read into evidence in any court in this state without further proof of execution. (e) A valid jurat may act as a substitute for a certificate of acknowledgment for instruments recorded on or after April 8, 2013. Amended by Act 2013, No. 999,§ 4, eff. 4/8/2013. Acts 1955, No. 101, § 1; A.S.A. 1947, § 49-213; Acts 1993, No. 1081, §§ 1, 2.

(a) All deeds, conveyances, deeds of trust, mortgages, marriage contracts, and other instruments in writing affecting or purporting to affect the title to any real estate or personal property situated in this state, which have been recorded and which are defective or ineffectual because: (1) Of failure to comply with § 18-12-403 ; (2) The officer who certified the acknowledgment or acknowledgments to such instruments omitted any words required by law to be in the certificate or acknowledgments; (3) The officer failed or omitted to attach his or her seal to the certificate; (4) The officer attached to any such certificate a seal not bearing the words and devices required by law; (5) The officer was a mayor of a city or an incorporated town in the State of Arkansas and as such was not authorized to certify to executions and acknowledgments to such instruments, or was the deputy of an official duly authorized by law to take acknowledgments but whose deputy was not so authorized; (6) The notary public failed to state the date of the expiration of his or her commission on the certificate of acknowledgment, or incorrectly stated it thereon; (7) The officer incorrectly dated the certificate of acknowledgment or failed to state the county wherein the acknowledgment was taken; or (8) The acknowledgment was certified in any county of the State of Arkansas by any person holding an unexpired commission as notary public under the laws of the state who had, at the time of the certification, ceased to be a resident of the county within and for which he or she was commissioned, shall be as binding and effectual as though the certificate of acknowledgment or proof of execution was in due form, bore the proper seal, and was certified to by a duly authorized officer.

(1) Of failure to comply with § 18-12-403 ;

(2) The officer who certified the acknowledgment or acknowledgments to such instruments omitted any words required by law to be in the certificate or acknowledgments;

(3) The officer failed or omitted to attach his or her seal to the certificate;

(4) The officer attached to any such certificate a seal not bearing the words and devices required by law;

(5) The officer was a mayor of a city or an incorporated town in the State of Arkansas and as such was not authorized to certify to executions and acknowledgments to such instruments, or was the deputy of an official duly authorized by law to take acknowledgments but whose deputy was not so authorized;

(6) The notary public failed to state the date of the expiration of his or her commission on the certificate of acknowledgment, or incorrectly stated it thereon;

(7) The officer incorrectly dated the certificate of acknowledgment or failed to state the county wherein the acknowledgment was taken; or

(8) The acknowledgment was certified in any county of the State of Arkansas by any person holding an unexpired commission as notary public under the laws of the state who had, at the time of the certification, ceased to be a resident of the county within and for which he or she was commissioned, shall be as binding and effectual as though the certificate of acknowledgment or proof of execution was in due form, bore the proper seal, and was certified to by a duly authorized officer.

(b) A deed, conveyance, deed of trust, mortgage, marriage contract, and other instrument in writing, affecting or purporting to affect the title to any real estate or personal property situated in this state, which is executed after August 13, 1993, shall not be deemed defective or ineffectual because: (1) The officer failed or omitted to attach his or her seal to the certificate; (2) The officer attached to any such certificate a seal not bearing the words and devices required by law; (3) The notary public failed to state the date of the expiration of his or her commission on the certificate of acknowledgment, or incorrectly stated it thereon; (4) The officer incorrectly dated the certificate of acknowledgment or failed to state the county wherein the acknowledgment was taken; or (5) The acknowledgment was certified in any county of the State of Arkansas by any person holding an unexpired commission as notary public under the laws of the state who had, at the time of the certification, ceased to be a resident of the county within and for which he or she was commissioned.

(1) The officer failed or omitted to attach his or her seal to the certificate;

(2) The officer attached to any such certificate a seal not bearing the words and devices required by law;

(3) The notary public failed to state the date of the expiration of his or her commission on the certificate of acknowledgment, or incorrectly stated it thereon;

(4) The officer incorrectly dated the certificate of acknowledgment or failed to state the county wherein the acknowledgment was taken; or

(5) The acknowledgment was certified in any county of the State of Arkansas by any person holding an unexpired commission as notary public under the laws of the state who had, at the time of the certification, ceased to be a resident of the county within and for which he or she was commissioned.

(c) A deed, conveyance, deed of trust, mortgage, marriage contract, and any other instrument in writing, affecting or purporting to affect the title to any real estate or personal property situated in this state, whether executed before, on, or after April 8, 2013, shall not be found insufficient to satisfy the requirements of § 18-12-202 : (1) Because the acknowledgment thereof does not strictly comply with the form contained in § 16-47-107 or omits the words "for the consideration, uses, and purposes therein mentioned or set forth" or uses similar words; (2) Because the gender listed in the acknowledgment thereof does not match the gender of the person acknowledging the instrument; (3) Because the acknowledgment thereof does not identify the title or position of the person acknowledging the instrument on behalf of a corporation, partnership, company, trust, association, or other entity; or (4) Where a good faith attempt at material compliance with § 16-47-107(a), (b), or (c) , as applicable, has been made and there is no factual dispute as to the authenticity of the signature of the person making acknowledgement thereof.

(1) Because the acknowledgment thereof does not strictly comply with the form contained in § 16-47-107 or omits the words "for the consideration, uses, and purposes therein mentioned or set forth" or uses similar words;

(2) Because the gender listed in the acknowledgment thereof does not match the gender of the person acknowledging the instrument;

(3) Because the acknowledgment thereof does not identify the title or position of the person acknowledging the instrument on behalf of a corporation, partnership, company, trust, association, or other entity; or

(4) Where a good faith attempt at material compliance with § 16-47-107(a), (b), or (c) , as applicable, has been made and there is no factual dispute as to the authenticity of the signature of the person making acknowledgement thereof.

(d) Notwithstanding an acknowledgment to a deed or other instrument which may contain one (1) or more of the defects set forth in this section, if a deed or other instrument is recorded, it shall: (1) Provide constructive notice thereafter to all parties of the matters contained in the deed or other instrument; and (2) Be treated as any other deed or instrument in writing under § 16-47-110 , and may be read into evidence in any court in this state without further proof of execution.

(1) Provide constructive notice thereafter to all parties of the matters contained in the deed or other instrument; and

(2) Be treated as any other deed or instrument in writing under § 16-47-110 , and may be read into evidence in any court in this state without further proof of execution.

(e) A valid jurat may act as a substitute for a certificate of acknowledgment for instruments recorded on or after April 8, 2013.

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

Acts 1955, No. 101, § 1; A.S.A. 1947, § 49-213; Acts 1993, No. 1081, §§ 1, 2.
Ark. Code Ann. § 18-27-305 — AR Code / Title 18 / Chapter 27 / Subchapter 3 / Section 18-27-305
Limitations on the purchase, maintenance, and disposition of personal property - Defacing identifiable stolen personal property
Status: in_force

A dealer shall not: (1) Purchase or receive personal property as security from a person under eighteen (18) years of age who has not been emancipated under § 9-26-104 ; or (2) Deface identifiable stolen personal property. Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.

A dealer shall not:

(1) Purchase or receive personal property as security from a person under eighteen (18) years of age who has not been emancipated under § 9-26-104 ; or

(2) Deface identifiable stolen personal property.

Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.
Ark. Code Ann. § 18-45-205 — AR Code / Title 18 / Chapter 45 / Subchapter 2 / Section 18-45-205
Filing of notice and bond required
Status: in_force

(a) The lienholder shall file with the circuit clerk in the county in which the lienholder is situated a notice under § 18-45-204 to be posted. (b) (1) The lienholder shall: (A) Determine the fair market value of the property to be sold; and (B) File a bond with the circuit clerk in the amount determined under subdivision (b)(1)(A) of this section. (2) The bond shall be executed by one (1) or more sufficient sureties of the lienholder so that if the circuit court finds that the lienholder wrongfully enforced the lien provided by this subchapter, the surety shall pay to the debtor: (A) Damages of up to the amount of the bond; (B) Court costs; and (C) Any sums of money adjudged against the lienholder in an amount that does not exceed two (2) times the value of the property. Amended by Act 2023, No. 388,§ 3, eff. 8/1/2023. Amended by Act 2017, No. 757,§ 7, eff. 8/1/2017. Amended by Act 2017, No. 299,§ 3, eff. 8/1/2017. Acts 1919, No. 140, § 5, p. 123; C. & M. Dig., § 6870; Pope's Dig., § 8826; A.S.A. 1947, § 51-408.

(a) The lienholder shall file with the circuit clerk in the county in which the lienholder is situated a notice under § 18-45-204 to be posted.

(b) (1) The lienholder shall: (A) Determine the fair market value of the property to be sold; and (B) File a bond with the circuit clerk in the amount determined under subdivision (b)(1)(A) of this section. (2) The bond shall be executed by one (1) or more sufficient sureties of the lienholder so that if the circuit court finds that the lienholder wrongfully enforced the lien provided by this subchapter, the surety shall pay to the debtor: (A) Damages of up to the amount of the bond; (B) Court costs; and (C) Any sums of money adjudged against the lienholder in an amount that does not exceed two (2) times the value of the property.

(1) The lienholder shall: (A) Determine the fair market value of the property to be sold; and (B) File a bond with the circuit clerk in the amount determined under subdivision (b)(1)(A) of this section.

(A) Determine the fair market value of the property to be sold; and

(B) File a bond with the circuit clerk in the amount determined under subdivision (b)(1)(A) of this section.

(2) The bond shall be executed by one (1) or more sufficient sureties of the lienholder so that if the circuit court finds that the lienholder wrongfully enforced the lien provided by this subchapter, the surety shall pay to the debtor: (A) Damages of up to the amount of the bond; (B) Court costs; and (C) Any sums of money adjudged against the lienholder in an amount that does not exceed two (2) times the value of the property.

(A) Damages of up to the amount of the bond;

(B) Court costs; and

(C) Any sums of money adjudged against the lienholder in an amount that does not exceed two (2) times the value of the property.

Amended by Act 2023, No. 388,§ 3, eff. 8/1/2023.

Amended by Act 2017, No. 757,§ 7, eff. 8/1/2017.

Amended by Act 2017, No. 299,§ 3, eff. 8/1/2017.

Acts 1919, No. 140, § 5, p. 123; C. & M. Dig., § 6870; Pope's Dig., § 8826; A.S.A. 1947, § 51-408.
Ark. Code Ann. § 18-60-818 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-818
Claim of third party to property
Status: in_force

(a) (1) If a person other than the defendant or his or her agent claims the property taken by the sheriff and delivers to the sheriff his or her affidavit that he or she is entitled to the possession thereof, the sheriff shall not be bound to keep the property or deliver it to the plaintiff unless the plaintiff shall, within two (2) days after the delivery to him or her or to his or her agent or attorney, by the sheriff, of a copy of the affidavit, indemnify the sheriff against the claim by a bond, executed by one (1) or more sufficient sureties, in double the value of the property. (2) No claim to the property by a person other than the defendant or his or her agent shall be valid against the sheriff unless so made. (b) The sheriff shall return the affidavit of the claimant, with his or her proceedings thereon, to the clerk's office. Civil Code, § 213; C. & M. Dig., § 8651; Pope's Dig., § 11384; A.S.A. 1947, § 34-2111.

(a) (1) If a person other than the defendant or his or her agent claims the property taken by the sheriff and delivers to the sheriff his or her affidavit that he or she is entitled to the possession thereof, the sheriff shall not be bound to keep the property or deliver it to the plaintiff unless the plaintiff shall, within two (2) days after the delivery to him or her or to his or her agent or attorney, by the sheriff, of a copy of the affidavit, indemnify the sheriff against the claim by a bond, executed by one (1) or more sufficient sureties, in double the value of the property. (2) No claim to the property by a person other than the defendant or his or her agent shall be valid against the sheriff unless so made.

(1) If a person other than the defendant or his or her agent claims the property taken by the sheriff and delivers to the sheriff his or her affidavit that he or she is entitled to the possession thereof, the sheriff shall not be bound to keep the property or deliver it to the plaintiff unless the plaintiff shall, within two (2) days after the delivery to him or her or to his or her agent or attorney, by the sheriff, of a copy of the affidavit, indemnify the sheriff against the claim by a bond, executed by one (1) or more sufficient sureties, in double the value of the property.

(2) No claim to the property by a person other than the defendant or his or her agent shall be valid against the sheriff unless so made.

(b) The sheriff shall return the affidavit of the claimant, with his or her proceedings thereon, to the clerk's office.

Civil Code, § 213; C. & M. Dig., § 8651; Pope's Dig., § 11384; A.S.A. 1947, § 34-2111.
Ark. Code Ann. § 18-15-1002 — AR Code / Title 18 / Chapter 15 / Subchapter 10 / Section 18-15-1002
Power of eminent domain
Status: in_force

(a) The board of directors or commissioners of any levee or drainage district organized under the laws of the State of Arkansas are authorized and empowered to enter upon, take, and hold any lands or premises whatever, located either within or without the boundaries of the district, whether by purchase, grant, donation, devise, or otherwise, that may be necessary and proper for the location, relocation, construction, repair, or maintenance of any line of levees, drains, canals, or ditches, which may be authorized or necessary for any levee or drainage district to construct or make for the purpose of relieving any levee or land adjacent thereto from injury, want of drainage, or for the construction of any drain, ditch, or canal authorized to be constructed. (b) Any district having the authority to construct levees, ditches, drains, or canals is authorized and empowered to cut and remove trees, timber, and other material that may fall or otherwise encumber or endanger the levees, ditches, canals, drains, or any part thereof. (c) All levee and drainage districts shall have power to acquire by compromise or by agreement with the owner, or if the owner is a minor, an individual with mental illness, or if the lands belong to the estate of a deceased person, then with the guardian, curator, executor, or administrator, all property and right-of-way required by them. (d) (1) Levee and drainage districts may settle all claims for compensation or damages on account of right-of-way for the construction of levees, ditches, canals, or drains or material for the construction, maintenance, or repair of any levee, drain, canal, or ditch. The executor, administrator, or curator shall be responsible, on his or her bond, for the money or other things received in the settlement. (2) In case of a settlement, the owner, curator, administrator, or executor shall have the power to convey to the levee or drainage district the right-of-way, material, or other property so required. This conveyance shall vest the levee or drainage district with the title to the right-of-way or property acquired pursuant to this section. Acts 1945, No. 177, § 1; A.S.A. 1947, § 35-1101.

(a) The board of directors or commissioners of any levee or drainage district organized under the laws of the State of Arkansas are authorized and empowered to enter upon, take, and hold any lands or premises whatever, located either within or without the boundaries of the district, whether by purchase, grant, donation, devise, or otherwise, that may be necessary and proper for the location, relocation, construction, repair, or maintenance of any line of levees, drains, canals, or ditches, which may be authorized or necessary for any levee or drainage district to construct or make for the purpose of relieving any levee or land adjacent thereto from injury, want of drainage, or for the construction of any drain, ditch, or canal authorized to be constructed.

(b) Any district having the authority to construct levees, ditches, drains, or canals is authorized and empowered to cut and remove trees, timber, and other material that may fall or otherwise encumber or endanger the levees, ditches, canals, drains, or any part thereof.

(c) All levee and drainage districts shall have power to acquire by compromise or by agreement with the owner, or if the owner is a minor, an individual with mental illness, or if the lands belong to the estate of a deceased person, then with the guardian, curator, executor, or administrator, all property and right-of-way required by them.

(d) (1) Levee and drainage districts may settle all claims for compensation or damages on account of right-of-way for the construction of levees, ditches, canals, or drains or material for the construction, maintenance, or repair of any levee, drain, canal, or ditch. The executor, administrator, or curator shall be responsible, on his or her bond, for the money or other things received in the settlement. (2) In case of a settlement, the owner, curator, administrator, or executor shall have the power to convey to the levee or drainage district the right-of-way, material, or other property so required. This conveyance shall vest the levee or drainage district with the title to the right-of-way or property acquired pursuant to this section.

(1) Levee and drainage districts may settle all claims for compensation or damages on account of right-of-way for the construction of levees, ditches, canals, or drains or material for the construction, maintenance, or repair of any levee, drain, canal, or ditch. The executor, administrator, or curator shall be responsible, on his or her bond, for the money or other things received in the settlement.

(2) In case of a settlement, the owner, curator, administrator, or executor shall have the power to convey to the levee or drainage district the right-of-way, material, or other property so required. This conveyance shall vest the levee or drainage district with the title to the right-of-way or property acquired pursuant to this section.

Acts 1945, No. 177, § 1; A.S.A. 1947, § 35-1101.
Ark. Code Ann. § 18-17-905 — AR Code / Title 18 / Chapter 17 / Subchapter 9 / Section 18-17-905
Trial of issue
Status: in_force

If the tenant appears and contests eviction, the court shall hear and determine the case as any other civil case. Acts 2007, No. 1004, § 1.

If the tenant appears and contests eviction, the court shall hear and determine the case as any other civil case.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-14-205 — AR Code / Title 18 / Chapter 14 / Subchapter 2 / Section 18-14-205
Material changes
Status: in_force

(a) A developer shall amend or supplement its registration to report a material change in the information required by § 18-14-204 . (b) (1) If there is a material change in a registration document, the developer shall file an amendment with the Arkansas Real Estate Commission to report the material change no later than forty-five (45) days after the developer knows or reasonably should have known of the change. (2) The developer may continue to offer and dispose of time-share interests under the existing registration pending review of the amendments by the commission if the developer discloses the material change to prospective purchasers. (3) The commission may charge a fee not to exceed three hundred dollars ($300) to process an amendment. Amended by Act 2013, No. 710,§ 2, eff. 8/16/2013. Acts 1983, No. 294, Art. 4, § 4-106; A.S.A. 1947, § 50-1330.

(a) A developer shall amend or supplement its registration to report a material change in the information required by § 18-14-204 .

(b) (1) If there is a material change in a registration document, the developer shall file an amendment with the Arkansas Real Estate Commission to report the material change no later than forty-five (45) days after the developer knows or reasonably should have known of the change. (2) The developer may continue to offer and dispose of time-share interests under the existing registration pending review of the amendments by the commission if the developer discloses the material change to prospective purchasers. (3) The commission may charge a fee not to exceed three hundred dollars ($300) to process an amendment.

(1) If there is a material change in a registration document, the developer shall file an amendment with the Arkansas Real Estate Commission to report the material change no later than forty-five (45) days after the developer knows or reasonably should have known of the change.

(2) The developer may continue to offer and dispose of time-share interests under the existing registration pending review of the amendments by the commission if the developer discloses the material change to prospective purchasers.

(3) The commission may charge a fee not to exceed three hundred dollars ($300) to process an amendment.

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

Acts 1983, No. 294, Art. 4, § 4-106; A.S.A. 1947, § 50-1330.
Ark. Code Ann. § 18-13-107 — AR Code / Title 18 / Chapter 13 / Section 18-13-107
Waiver and reestablishment of regimes
Status: in_force

(a) All of the co-owners or the sole owner of a building or property constituted into a horizontal property regime may waive this regime and regroup or merge the records of the individual apartments, or anticipated apartments, with the principal property if the individual apartments are unencumbered or, if encumbered, if the creditors in whose behalf the encumbrances are recorded agree to accept as such security the undivided portions of the property owned by the debtors. (b) The merger provided for in subsection (a) of this section shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so desired and upon observance of the provisions of this chapter. Acts 1961 (1st Ex. Sess.), No. 60, §§ 12, 13; 1975, No. 731, § 3; A.S.A. 1947, §§ 50-1012, 50-1013.

(a) All of the co-owners or the sole owner of a building or property constituted into a horizontal property regime may waive this regime and regroup or merge the records of the individual apartments, or anticipated apartments, with the principal property if the individual apartments are unencumbered or, if encumbered, if the creditors in whose behalf the encumbrances are recorded agree to accept as such security the undivided portions of the property owned by the debtors.

(b) The merger provided for in subsection (a) of this section shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so desired and upon observance of the provisions of this chapter.

Acts 1961 (1st Ex. Sess.), No. 60, §§ 12, 13; 1975, No. 731, § 3; A.S.A. 1947, §§ 50-1012, 50-1013.
Ark. Code Ann. § 18-13-120 — AR Code / Title 18 / Chapter 13 / Section 18-13-120
Taxation
Status: in_force

(a) (1) Taxes, assessments, and other charges of this state, of any political subdivision, of any special improvement district, or of any other taxing or assessing authority shall be assessed against and collected on each individual apartment. (2) Each tax, assessment, or other charge on the apartment shall be carried on the tax books as a separate and distinct entity for that purpose and not on the building or property as a whole. (b) No forfeiture or sale of the building or property as a whole for delinquent taxes, assessments, or charges shall ever divest or in any way affect the title to an individual apartment so long as taxes, assessments, and charges on the individual apartment are currently paid. Acts 1961 (1st Ex. Sess.), No. 60, § 23; A.S.A. 1947, § 50-1023.

(a) (1) Taxes, assessments, and other charges of this state, of any political subdivision, of any special improvement district, or of any other taxing or assessing authority shall be assessed against and collected on each individual apartment. (2) Each tax, assessment, or other charge on the apartment shall be carried on the tax books as a separate and distinct entity for that purpose and not on the building or property as a whole.

(1) Taxes, assessments, and other charges of this state, of any political subdivision, of any special improvement district, or of any other taxing or assessing authority shall be assessed against and collected on each individual apartment.

(2) Each tax, assessment, or other charge on the apartment shall be carried on the tax books as a separate and distinct entity for that purpose and not on the building or property as a whole.

(b) No forfeiture or sale of the building or property as a whole for delinquent taxes, assessments, or charges shall ever divest or in any way affect the title to an individual apartment so long as taxes, assessments, and charges on the individual apartment are currently paid.

Acts 1961 (1st Ex. Sess.), No. 60, § 23; A.S.A. 1947, § 50-1023.
Ark. Code Ann. § 18-60-1004 — AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1004
Service - Notice by posting
Status: in_force

(a) This subchapter does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants. Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

(a) This subchapter does not limit or affect the method by which service of a complaint in a partition action may be made.

(b) If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 18-16-404 — AR Code / Title 18 / Chapter 16 / Subchapter 4 / Section 18-16-404
Notice of lien
Status: in_force

A 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 or removed to satisfy the lien if the occupant is in default. Amended by Act 2015, No. 348,§ 2, eff. 7/22/2015. Acts 1987, No. 576, § 3.

A 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 or removed to satisfy the lien if the occupant is in default.

Amended by Act 2015, No. 348,§ 2, eff. 7/22/2015.

Acts 1987, No. 576, § 3.
Ark. Code Ann. § 18-14-306 — AR Code / Title 18 / Chapter 14 / Subchapter 3 / Section 18-14-306
Provisions for management and operation of time-share use plans
Status: in_force

The time-share instruments for a time-share use plan containing accommodations offered in this state shall prescribe reasonable arrangements for the management and operation of the time-share plan and for the maintenance, repair, and furnishing of accommodations including: (1) Standards and procedures for upkeep, repair, and interior furnishing of accommodations and for maid, cleaning, linen, and similar services to the accommodations during use periods; (2) Adoption of standards and rules of conduct governing the use and occupancy of accommodations by owners; (3) Payment of the costs and expenses of operating the time-share plan and owning and maintaining the accommodations; (4) Selection of a managing agent; (5) Preparation and dissemination to owners of an annual budget, operating statements, and other financial information concerning the time-share plan or time-share property; (6) Procedures for establishing the rights of owners to the use of accommodations by prearrangement or under a first-reserved, first-served priority system; (7) Organization of a management advisory board consisting of time-share use owners, including an enumeration of rights and responsibilities of the board; (8) Procedures for imposing and collecting assessments or use fees from time-share use owners as necessary to defray costs of management of the time-share plan and providing materials and services to the accommodations; (9) Comprehensive general liability insurance for death, bodily injury, and property damage arising out of, or in connection with, the use of accommodations by time-share use owners, their guests, and other users; (10) Methods for providing compensating use periods or monetary compensation to an owner if an accommodation cannot be made available for the period to which the owner is entitled by schedule or by a confirmed reservation; and (11) (A) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share plan for failure of the owner to comply with the time-share instruments or the rules established by the developer concerning the use of the accommodations. (B) The owner shall be given notice and the opportunity to refute or explain the charges, in person or in writing, to the management advisory board before a decision to impose discipline is rendered. Amended by Act 2013, No. 710,§ 3, eff. 8/16/2013. Acts 1983, No. 294, Art. 2, § 2-106; A.S.A. 1947, § 50-1313.

The time-share instruments for a time-share use plan containing accommodations offered in this state shall prescribe reasonable arrangements for the management and operation of the time-share plan and for the maintenance, repair, and furnishing of accommodations including:

(1) Standards and procedures for upkeep, repair, and interior furnishing of accommodations and for maid, cleaning, linen, and similar services to the accommodations during use periods;

(2) Adoption of standards and rules of conduct governing the use and occupancy of accommodations by owners;

(3) Payment of the costs and expenses of operating the time-share plan and owning and maintaining the accommodations;

(4) Selection of a managing agent;

(5) Preparation and dissemination to owners of an annual budget, operating statements, and other financial information concerning the time-share plan or time-share property;

(6) Procedures for establishing the rights of owners to the use of accommodations by prearrangement or under a first-reserved, first-served priority system;

(7) Organization of a management advisory board consisting of time-share use owners, including an enumeration of rights and responsibilities of the board;

(8) Procedures for imposing and collecting assessments or use fees from time-share use owners as necessary to defray costs of management of the time-share plan and providing materials and services to the accommodations;

(9) Comprehensive general liability insurance for death, bodily injury, and property damage arising out of, or in connection with, the use of accommodations by time-share use owners, their guests, and other users;

(10) Methods for providing compensating use periods or monetary compensation to an owner if an accommodation cannot be made available for the period to which the owner is entitled by schedule or by a confirmed reservation; and

(11) (A) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share plan for failure of the owner to comply with the time-share instruments or the rules established by the developer concerning the use of the accommodations. (B) The owner shall be given notice and the opportunity to refute or explain the charges, in person or in writing, to the management advisory board before a decision to impose discipline is rendered.

(A) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share plan for failure of the owner to comply with the time-share instruments or the rules established by the developer concerning the use of the accommodations.

(B) The owner shall be given notice and the opportunity to refute or explain the charges, in person or in writing, to the management advisory board before a decision to impose discipline is rendered.

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

Acts 1983, No. 294, Art. 2, § 2-106; A.S.A. 1947, § 50-1313.
Ark. Code Ann. § 18-13-102 — AR Code / Title 18 / Chapter 13 / Section 18-13-102
Definitions
Status: in_force

As used in this chapter: (1) "Apartment" means a part of the property intended for residential, commercial, industrial, or any other type of independent use consisting of one (1) or more rooms or spaces occupying all or part of one (1) or more floors in a building or buildings of one (1) or more floors designated as an apartment in the master deed and delineated on the plans provided for in § 18-13-105 ; (2) "Co-owner" means a person, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof, who owns an apartment within the building; (3) (A) "Council of co-owners" means all the co-owners as defined in subdivision (2) of this section. (B) However, except as otherwise provided in this chapter, a majority of co-owners, as defined in subdivision (6) of this section, shall constitute a quorum for the adoption of decisions; (4) "General common elements" means: (A) The land on which the building stands; (B) The foundations, main walls, roofs, halls, lobbies, stairways, and entrance and exit or communication ways; (C) The basements, flat roofs, yards, and gardens, except as otherwise provided or stipulated; (D) The premises for the lodging of janitors or persons in charge of the building, except as otherwise provided or stipulated; (E) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks and pumps, and the like; (F) The elevators, garbage incinerators, and, in general, all devices or installations existing for common use; and (G) All other elements of the building rationally of common use or necessary to its existence, upkeep, and safety; (5) "Limited common elements" means those common elements which are agreed upon by all the co-owners to be reserved for the use of a certain number of apartments to the exclusion of the other apartments, such as special corridors, stairways, and elevators, sanitary services common to the apartments of a particular floor, and the like; (6) "Majority of co-owners" means fifty-one percent (51%) or more of the basic value of the property as a whole, in accordance with the percentages computed in accordance with the provisions of § 18-13-112 ; (7) "Master deed" means the deed establishing the horizontal property regime; (8) "Person" means an individual, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof; (9) "Property" means the land, the building, all improvements and structures thereon, and all easements, rights, and appurtenances belonging thereto; (10) "To record" means to record in accordance with the provisions of §§ 14-15-402 , 14-15-404 , 14-15-407 - 14-15-417 , and 16-46-101 or other applicable recording statutes; and (11) All pronouns include the male, female, and neuter genders and include the singular or plural numbers, as the case may be. Acts 1961 (1st Ex. Sess.), No. 60, § 2; 1969, No. 216, § 1; A.S.A. 1947, § 50-1002.

As used in this chapter:

(1) "Apartment" means a part of the property intended for residential, commercial, industrial, or any other type of independent use consisting of one (1) or more rooms or spaces occupying all or part of one (1) or more floors in a building or buildings of one (1) or more floors designated as an apartment in the master deed and delineated on the plans provided for in § 18-13-105 ;

(2) "Co-owner" means a person, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof, who owns an apartment within the building;

(3) (A) "Council of co-owners" means all the co-owners as defined in subdivision (2) of this section. (B) However, except as otherwise provided in this chapter, a majority of co-owners, as defined in subdivision (6) of this section, shall constitute a quorum for the adoption of decisions;

(A) "Council of co-owners" means all the co-owners as defined in subdivision (2) of this section.

(B) However, except as otherwise provided in this chapter, a majority of co-owners, as defined in subdivision (6) of this section, shall constitute a quorum for the adoption of decisions;

(4) "General common elements" means: (A) The land on which the building stands; (B) The foundations, main walls, roofs, halls, lobbies, stairways, and entrance and exit or communication ways; (C) The basements, flat roofs, yards, and gardens, except as otherwise provided or stipulated; (D) The premises for the lodging of janitors or persons in charge of the building, except as otherwise provided or stipulated; (E) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks and pumps, and the like; (F) The elevators, garbage incinerators, and, in general, all devices or installations existing for common use; and (G) All other elements of the building rationally of common use or necessary to its existence, upkeep, and safety;

(A) The land on which the building stands;

(B) The foundations, main walls, roofs, halls, lobbies, stairways, and entrance and exit or communication ways;

(C) The basements, flat roofs, yards, and gardens, except as otherwise provided or stipulated;

(D) The premises for the lodging of janitors or persons in charge of the building, except as otherwise provided or stipulated;

(E) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks and pumps, and the like;

(F) The elevators, garbage incinerators, and, in general, all devices or installations existing for common use; and

(G) All other elements of the building rationally of common use or necessary to its existence, upkeep, and safety;

(5) "Limited common elements" means those common elements which are agreed upon by all the co-owners to be reserved for the use of a certain number of apartments to the exclusion of the other apartments, such as special corridors, stairways, and elevators, sanitary services common to the apartments of a particular floor, and the like;

(6) "Majority of co-owners" means fifty-one percent (51%) or more of the basic value of the property as a whole, in accordance with the percentages computed in accordance with the provisions of § 18-13-112 ;

(7) "Master deed" means the deed establishing the horizontal property regime;

(8) "Person" means an individual, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof;

(9) "Property" means the land, the building, all improvements and structures thereon, and all easements, rights, and appurtenances belonging thereto;

(10) "To record" means to record in accordance with the provisions of §§ 14-15-402 , 14-15-404 , 14-15-407 - 14-15-417 , and 16-46-101 or other applicable recording statutes; and

(11) All pronouns include the male, female, and neuter genders and include the singular or plural numbers, as the case may be.

Acts 1961 (1st Ex. Sess.), No. 60, § 2; 1969, No. 216, § 1; A.S.A. 1947, § 50-1002.
Ark. Code Ann. § 18-60-808 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-808
Alternative procedure
Status: in_force

(a) In lieu of the procedure set forth in this section and §§ 18-60-801 - 18-60-807 , at the time the complaint is filed and summons issued, a petitioner may obtain a notice issued by the clerk of the court in which the proceeding is filed. The notice shall be served with the complaint and summons and shall notify the defendant that an order of delivery of the property described in the complaint is sought and that if any objection is made to issuance of the order of delivery it must be in the form of a written response, filed within five (5) days of service of the summons and complaint, excluding Sundays and legal holidays, with a copy served on the plaintiff's attorney. (b) (1) In the event no written objection is filed and served within the five-day period, the clerk shall, upon the request of the plaintiff or his or her attorney, issue the writ forthwith. (2) In the event a defendant files a written objection within the five-day period specified, the clerk shall, at the request of either party, set the matter for hearing before the circuit judge as promptly as the business of the judge shall permit. (c) At the hearing the judge shall proceed in the manner specified in § 18-60-806 . Acts 1973, No. 144, § 5; A.S.A. 1947, § 34-2123.

(a) In lieu of the procedure set forth in this section and §§ 18-60-801 - 18-60-807 , at the time the complaint is filed and summons issued, a petitioner may obtain a notice issued by the clerk of the court in which the proceeding is filed. The notice shall be served with the complaint and summons and shall notify the defendant that an order of delivery of the property described in the complaint is sought and that if any objection is made to issuance of the order of delivery it must be in the form of a written response, filed within five (5) days of service of the summons and complaint, excluding Sundays and legal holidays, with a copy served on the plaintiff's attorney.

(b) (1) In the event no written objection is filed and served within the five-day period, the clerk shall, upon the request of the plaintiff or his or her attorney, issue the writ forthwith. (2) In the event a defendant files a written objection within the five-day period specified, the clerk shall, at the request of either party, set the matter for hearing before the circuit judge as promptly as the business of the judge shall permit.

(1) In the event no written objection is filed and served within the five-day period, the clerk shall, upon the request of the plaintiff or his or her attorney, issue the writ forthwith.

(2) In the event a defendant files a written objection within the five-day period specified, the clerk shall, at the request of either party, set the matter for hearing before the circuit judge as promptly as the business of the judge shall permit.

(c) At the hearing the judge shall proceed in the manner specified in § 18-60-806 .

Acts 1973, No. 144, § 5; A.S.A. 1947, § 34-2123.
Ark. Code Ann. § 18-12-404 — AR Code / Title 18 / Chapter 12 / Subchapter 4 / Section 18-12-404
Conveyance of interest of husband with mental illness and guardian appointed - Relinquishment of dower
Status: in_force

In all cases under § 20-47-103 whereunder a husband is duly adjudged to be with mental illness and a guardian appointed and wherein the guardian makes a sale of the husband's interest in any of the real estate belonging to his ward, and the wife of the husband with mental illness is entitled to dower, it shall be sufficient to pass the dower interest of the wife, if she shall duly join in the petition of the guardian for the sale, and by separate instrument, duly acknowledged, convey all her interest in the lands. Acts 1919, No. 325, § 1.

In all cases under § 20-47-103 whereunder a husband is duly adjudged to be with mental illness and a guardian appointed and wherein the guardian makes a sale of the husband's interest in any of the real estate belonging to his ward, and the wife of the husband with mental illness is entitled to dower, it shall be sufficient to pass the dower interest of the wife, if she shall duly join in the petition of the guardian for the sale, and by separate instrument, duly acknowledged, convey all her interest in the lands.

Acts 1919, No. 325, § 1.
Ark. Code Ann. § 18-45-101 — AR Code / Title 18 / Chapter 45 / Subchapter 1 / Section 18-45-101
Right of mechanics and artisans to sell personalty held for debt
Status: in_force

(a) All mechanics and artisans who are in possession of articles of personal property, and hold them by virtue of a lien thereon for labor and material, shall have a right to sell them for the satisfaction of the debt for which the personal property is held. (b) (1) Lienholders shall: (A) Determine the fair market value of the personal property to be sold; and (B) File a bond with the circuit clerk in the amount determined under subdivision (b)(1)(A) of this section. (2) The bond shall be executed by one (1) or more sufficient sureties of the lienholder so that if the circuit court finds that the lienholder wrongfully enforced the lien provided for by this subchapter, the surety shall pay to the debtor damages up to the amount of the bond. (3) The lienholder shall be liable to the debtor for: (A) Court costs; and (B) Any sum of money adjudged as damages to the debtor which exceed the amount of the bond, not to exceed two (2) times the fair market value, as determined by a court of competent jurisdiction, of the personal property. (4) The circuit court may in its discretion award the debtor attorney's fees. (c) (1) The sale shall not take place until the expiration of thirty (30) days from the date the lienholder makes demand for the debt by certified letter addressed to the last known residence or post office address of the debtor as required by subsection (e) of this section. (2) (A) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to: (i) Post a written notice of the proposed sale at or near the front door of his or her place of business; and (ii) Notify the debtor of the proposed sale by certified letter addressed to the last known residence or post office address of the debtor. (B) The notice of the proposed sale under subdivision (c)(2)(A) of this section shall: (i) Specify the personal property to be sold, the name of the owner or debtor, the time and place of sale, the amount of the bond filed with the circuit clerk under § 18-45-205 , and shall be signed by the lienholder; and (ii) Be filed by the lienholder with the circuit clerk in the county in which the lienholder is situated. (d) At the sale, which shall be at public auction for cash, the lienholder shall have the right to bid not less than the amount of his or her debt. In case the personal property sells for more than the amount due, he or she shall pay over the surplus on demand to the person entitled thereto. (e) It shall be the duty of the lienholder, besides giving the notice as required in subdivision (c)(2) of this section, to make demand for the debt before making the sale by certified letter addressed to the last known residence or post office address of the debtor. (f) In all the lienholder's dealings with the personal property held by him or her, the lienholder shall act in good faith with the debtor and shall be responsible for any abuse of the powers and authority vested in him or her by the provisions of this section. Amended by Act 2023, No. 388,§ 1, eff. 8/1/2023. Amended by Act 2017, No. 757,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 299,§ 2, eff. 8/1/2017. Acts 1899, No. 58, §§ 1-3, p. 108; C. & M. Dig., §§ 6875-6877; Pope's Dig., §§ 8831-8833; A.S.A. 1947, §§ 51-401 -- 51-403.

(a) All mechanics and artisans who are in possession of articles of personal property, and hold them by virtue of a lien thereon for labor and material, shall have a right to sell them for the satisfaction of the debt for which the personal property is held.

(b) (1) Lienholders shall: (A) Determine the fair market value of the personal property to be sold; and (B) File a bond with the circuit clerk in the amount determined under subdivision (b)(1)(A) of this section. (2) The bond shall be executed by one (1) or more sufficient sureties of the lienholder so that if the circuit court finds that the lienholder wrongfully enforced the lien provided for by this subchapter, the surety shall pay to the debtor damages up to the amount of the bond. (3) The lienholder shall be liable to the debtor for: (A) Court costs; and (B) Any sum of money adjudged as damages to the debtor which exceed the amount of the bond, not to exceed two (2) times the fair market value, as determined by a court of competent jurisdiction, of the personal property. (4) The circuit court may in its discretion award the debtor attorney's fees.

(1) Lienholders shall: (A) Determine the fair market value of the personal property to be sold; and (B) File a bond with the circuit clerk in the amount determined under subdivision (b)(1)(A) of this section.

(A) Determine the fair market value of the personal property to be sold; and

(B) File a bond with the circuit clerk in the amount determined under subdivision (b)(1)(A) of this section.

(2) The bond shall be executed by one (1) or more sufficient sureties of the lienholder so that if the circuit court finds that the lienholder wrongfully enforced the lien provided for by this subchapter, the surety shall pay to the debtor damages up to the amount of the bond.

(3) The lienholder shall be liable to the debtor for: (A) Court costs; and (B) Any sum of money adjudged as damages to the debtor which exceed the amount of the bond, not to exceed two (2) times the fair market value, as determined by a court of competent jurisdiction, of the personal property.

(A) Court costs; and

(B) Any sum of money adjudged as damages to the debtor which exceed the amount of the bond, not to exceed two (2) times the fair market value, as determined by a court of competent jurisdiction, of the personal property.

(4) The circuit court may in its discretion award the debtor attorney's fees.

(c) (1) The sale shall not take place until the expiration of thirty (30) days from the date the lienholder makes demand for the debt by certified letter addressed to the last known residence or post office address of the debtor as required by subsection (e) of this section. (2) (A) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to: (i) Post a written notice of the proposed sale at or near the front door of his or her place of business; and (ii) Notify the debtor of the proposed sale by certified letter addressed to the last known residence or post office address of the debtor. (B) The notice of the proposed sale under subdivision (c)(2)(A) of this section shall: (i) Specify the personal property to be sold, the name of the owner or debtor, the time and place of sale, the amount of the bond filed with the circuit clerk under § 18-45-205 , and shall be signed by the lienholder; and (ii) Be filed by the lienholder with the circuit clerk in the county in which the lienholder is situated.

(1) The sale shall not take place until the expiration of thirty (30) days from the date the lienholder makes demand for the debt by certified letter addressed to the last known residence or post office address of the debtor as required by subsection (e) of this section.

(2) (A) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to: (i) Post a written notice of the proposed sale at or near the front door of his or her place of business; and (ii) Notify the debtor of the proposed sale by certified letter addressed to the last known residence or post office address of the debtor. (B) The notice of the proposed sale under subdivision (c)(2)(A) of this section shall: (i) Specify the personal property to be sold, the name of the owner or debtor, the time and place of sale, the amount of the bond filed with the circuit clerk under § 18-45-205 , and shall be signed by the lienholder; and (ii) Be filed by the lienholder with the circuit clerk in the county in which the lienholder is situated.

(A) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to: (i) Post a written notice of the proposed sale at or near the front door of his or her place of business; and (ii) Notify the debtor of the proposed sale by certified letter addressed to the last known residence or post office address of the debtor.

(i) Post a written notice of the proposed sale at or near the front door of his or her place of business; and

(ii) Notify the debtor of the proposed sale by certified letter addressed to the last known residence or post office address of the debtor.

(B) The notice of the proposed sale under subdivision (c)(2)(A) of this section shall: (i) Specify the personal property to be sold, the name of the owner or debtor, the time and place of sale, the amount of the bond filed with the circuit clerk under § 18-45-205 , and shall be signed by the lienholder; and (ii) Be filed by the lienholder with the circuit clerk in the county in which the lienholder is situated.

(i) Specify the personal property to be sold, the name of the owner or debtor, the time and place of sale, the amount of the bond filed with the circuit clerk under § 18-45-205 , and shall be signed by the lienholder; and

(ii) Be filed by the lienholder with the circuit clerk in the county in which the lienholder is situated.

(d) At the sale, which shall be at public auction for cash, the lienholder shall have the right to bid not less than the amount of his or her debt. In case the personal property sells for more than the amount due, he or she shall pay over the surplus on demand to the person entitled thereto.

(e) It shall be the duty of the lienholder, besides giving the notice as required in subdivision (c)(2) of this section, to make demand for the debt before making the sale by certified letter addressed to the last known residence or post office address of the debtor.

(f) In all the lienholder's dealings with the personal property held by him or her, the lienholder shall act in good faith with the debtor and shall be responsible for any abuse of the powers and authority vested in him or her by the provisions of this section.

Amended by Act 2023, No. 388,§ 1, eff. 8/1/2023.

Amended by Act 2017, No. 757,§ 6, eff. 8/1/2017.

Amended by Act 2017, No. 299,§ 2, eff. 8/1/2017.

Acts 1899, No. 58, §§ 1-3, p. 108; C. & M. Dig., §§ 6875-6877; Pope's Dig., §§ 8831-8833; A.S.A. 1947, §§ 51-401 -- 51-403.
Ark. Code Ann. § 18-44-507 — AR Code / Title 18 / Chapter 44 / Subchapter 5 / Section 18-44-507
Filing
Status: in_force

(a) The contractor shall file the payment bond with the circuit clerk of the county in which the construction work is to take place before the commencement of the construction work required under the construction contract, public construction contract, or real estate construction contract. (b) If the contractor fails to file the payment bond as required by subsection (a) of this section, the person letting the construction contract, public construction contract, or real estate construction contract is not required to pay the contractor until the contractor: (1) Files the payment bond; and (2) Provides a file-marked copy of the payment bond to the person letting the construction contract, public construction contract, or real estate construction contract. Amended by Act 2021, No. 986,§ 6, eff. 7/28/2021. Acts 1953, No. 351, § 6; A.S.A. 1947, § 51-637.

(a) The contractor shall file the payment bond with the circuit clerk of the county in which the construction work is to take place before the commencement of the construction work required under the construction contract, public construction contract, or real estate construction contract.

(b) If the contractor fails to file the payment bond as required by subsection (a) of this section, the person letting the construction contract, public construction contract, or real estate construction contract is not required to pay the contractor until the contractor: (1) Files the payment bond; and (2) Provides a file-marked copy of the payment bond to the person letting the construction contract, public construction contract, or real estate construction contract.

(1) Files the payment bond; and

(2) Provides a file-marked copy of the payment bond to the person letting the construction contract, public construction contract, or real estate construction contract.

Amended by Act 2021, No. 986,§ 6, eff. 7/28/2021.

Acts 1953, No. 351, § 6; A.S.A. 1947, § 51-637.
Ark. Code Ann. § 18-44-208 — AR Code / Title 18 / Chapter 44 / Subchapter 2 / Section 18-44-208
Proceedings for establishment and enforcement
Status: in_force

(a) Except as expressly provided in this section and §§ 18-44-201 - 18-44-207 and 18-44-209 - 18-44-210 , the lien created under the provisions of these sections shall be construed, established, preserved, and enforced in like manner and in the same time as liens of mechanics are construed, established, preserved, and enforced. (b) (1) When the labor performed or the material, supplies, or machinery furnished was entered under an open, running account, that shall be construed as a continuous contract, and the time within which the verified statement of the claim for lien shall be filed with the clerk of the circuit court shall be computed from the time upon which the last labor was in good faith performed or the last material, machinery, or supplies were in good faith furnished. (2) The lien provided for, when perfected in the manner set out in this subchapter, shall be held in law and equity as security for the entire open, running account whether it has been partially closed by note or not. (c) (1) Whenever any person shall remove any encumbered property to a county other than the one in which the lien has been filed, the lienholder, within ninety (90) days after removal, may file an itemized inventory of the property so removed. (2) (A) The inventory shall show how much there is due and unpaid thereon and shall be filed with the circuit clerk of the county to which it has been removed. (B) This filing shall operate as notice of the existence of the lien and the lien shall attach, and extend to, the land or leasehold and other premises, properties, and appurtenances to which the properties so removed shall attach of the kind and character enumerated in §§ 18-44-202 - 18-44-204 . Acts 1923, No. 615, § 8; Pope's Dig., § 8912; A.S.A. 1947, § 51-708.

(a) Except as expressly provided in this section and §§ 18-44-201 - 18-44-207 and 18-44-209 - 18-44-210 , the lien created under the provisions of these sections shall be construed, established, preserved, and enforced in like manner and in the same time as liens of mechanics are construed, established, preserved, and enforced.

(b) (1) When the labor performed or the material, supplies, or machinery furnished was entered under an open, running account, that shall be construed as a continuous contract, and the time within which the verified statement of the claim for lien shall be filed with the clerk of the circuit court shall be computed from the time upon which the last labor was in good faith performed or the last material, machinery, or supplies were in good faith furnished. (2) The lien provided for, when perfected in the manner set out in this subchapter, shall be held in law and equity as security for the entire open, running account whether it has been partially closed by note or not.

(1) When the labor performed or the material, supplies, or machinery furnished was entered under an open, running account, that shall be construed as a continuous contract, and the time within which the verified statement of the claim for lien shall be filed with the clerk of the circuit court shall be computed from the time upon which the last labor was in good faith performed or the last material, machinery, or supplies were in good faith furnished.

(2) The lien provided for, when perfected in the manner set out in this subchapter, shall be held in law and equity as security for the entire open, running account whether it has been partially closed by note or not.

(c) (1) Whenever any person shall remove any encumbered property to a county other than the one in which the lien has been filed, the lienholder, within ninety (90) days after removal, may file an itemized inventory of the property so removed. (2) (A) The inventory shall show how much there is due and unpaid thereon and shall be filed with the circuit clerk of the county to which it has been removed. (B) This filing shall operate as notice of the existence of the lien and the lien shall attach, and extend to, the land or leasehold and other premises, properties, and appurtenances to which the properties so removed shall attach of the kind and character enumerated in §§ 18-44-202 - 18-44-204 .

(1) Whenever any person shall remove any encumbered property to a county other than the one in which the lien has been filed, the lienholder, within ninety (90) days after removal, may file an itemized inventory of the property so removed.

(2) (A) The inventory shall show how much there is due and unpaid thereon and shall be filed with the circuit clerk of the county to which it has been removed. (B) This filing shall operate as notice of the existence of the lien and the lien shall attach, and extend to, the land or leasehold and other premises, properties, and appurtenances to which the properties so removed shall attach of the kind and character enumerated in §§ 18-44-202 - 18-44-204 .

(A) The inventory shall show how much there is due and unpaid thereon and shall be filed with the circuit clerk of the county to which it has been removed.

(B) This filing shall operate as notice of the existence of the lien and the lien shall attach, and extend to, the land or leasehold and other premises, properties, and appurtenances to which the properties so removed shall attach of the kind and character enumerated in §§ 18-44-202 - 18-44-204 .

Acts 1923, No. 615, § 8; Pope's Dig., § 8912; A.S.A. 1947, § 51-708.