Ark. Code Ann. § 18-14-412 — AR Code / Title 18 / Chapter 14 / Subchapter 4 / Section 18-14-412
Required contents of resale transfer agreements
Status: in_force

(a) In the course of offering time-share interest transfer services, a person shall not: (1) Engage in any time-share interest transfer services for consideration, or the expectation of receiving consideration, without first obtaining a written resale transfer agreement signed by the consumer time-share reseller that complies with this section; or (2) Fail to provide both the consumer time-share reseller and the escrow agent required by this chapter with an executed copy of the resale transfer agreement. (b) Each resale transfer agreement shall contain: (1) A statement that no fee, cost, or other compensation may be paid to the time-share interest transfer services provider before the delivery to the consumer time-share reseller of written evidence that all promised time-share interest transfer services have been performed, including without limitation the delivery to: (A) Both the consumer time-share reseller and the time-share plan managing agent of a copy of the recorded instrument or other legal document evidencing the transfer of ownership of or legal title to the consumer time-share reseller's time-share interest to the transferee, accompanied by the full name, address, and other known contact information of the transferee; (B) Both the consumer time-share reseller and the time-share plan managing agent of a copy of the certification or other legal documents documenting the transfer or assignment of the time-share interest contract of membership evidencing the use rights and other privileges and obligations associated with the consumer time-share reseller's time-share interest, accompanied by the full name, address, and other known contact information of the transferee; or (C) The consumer time-share reseller of a copy of the legal document executed by the vendor or obligor evidencing the cancellation of the time-share interest contract or time-share loan obligation relating to the consumer time-share reseller's time-share interest; (2) The name, address, current phone number, and current email address of the escrow agent required by § 18-14-408 ; (3) A specific, detailed description of the time-share interest transfer services to be provided and a statement that the time-share interest transfer services provider will provide the consumer time-share reseller with written notice of the full performance of the time-share interest transfer services, together with a copy of the recorded instrument or other legal document evidencing the transfer of ownership of or legal title to the time-share interest from the consumer time-share reseller to a transferee; and (4) A statement in substantially the following form in conspicuous type immediately preceding the space in the resale transfer agreement provided for the consumer time-share reseller's signature: "(Name) has agreed to provide you with time-share interest transfer services under this resale transfer agreement. After those services have been fully performed, (Name) is obligated to provide you with written notice of the full performance and a copy of the recorded instruments or other legal document evidencing the transfer, assignment, or cancellation of the consumer time-share reseller's time-share interest. Any fee or other compensation paid by you under this agreement before the full performance by (Name) must be held in escrow by the escrow agent specified in this agreement, and (Name) is prohibited from receiving any fee or other compensation until all promised time-share interest transfer services have been performed." (c) (1) (A) Before entering into a resale transfer agreement, a time-share interest services provider shall establish an escrow account with an escrow agent for the purpose of protecting the funds or other property of consumer time-share resellers required to be escrowed by this chapter. (B) An attorney who is licensed to practice in the State of Arkansas, a broker in good standing, or a title insurer or agent in good standing, that also provides time-share interest transfer services as described in this chapter, may serve as escrow agent under this section. (2) The escrow agent shall: (A) Maintain the escrow account in a manner as to be under the direct supervision and control of the escrow agent; and (B) Have a fiduciary duty to each consumer time-share reseller to maintain the escrow account in accordance with good accounting practices and to release the consumer time-share reseller's funds or other property from escrow only in accordance with this section. (3) (A) All funds or other property that are received from or on behalf of a consumer time-share reseller under a resale transfer agreement shall be deposited into an escrow account required under this section. (B) A fee, cost, or other compensation that is due or that will be paid to the time-share interest transfer services provider shall be held in the escrow account until the time-share interest transfer services provider has fully complied with all of his or her obligations under the resale transfer agreement and under this section. (4) The funds or other property required to be escrowed under this section may only be released from escrow as follows: (A) On the order of the time-share interest transfer services provider, upon presentation of an affidavit by the time-share interest transfer services provider that all promised time-share interest transfer services have been performed, including delivery to both the consumer time-share reseller and the time-share plan managing agent of a copy of the recorded instrument or other legal document evidencing the transfer of ownership of or legal title to the consumer resale time-share interest to the transferee; or (B) (i) To a managing agent to pay any assessments, transfer fees, or other money owed with respect to the time-share interest or to pay a governmental agency for the purpose of completing and perfecting the transfer. (ii) A managing agent shall accept any funds remitted to it by an escrow agent under this section. Added by Act 2021, No. 733,§ 4, eff. 7/28/2021.

(a) In the course of offering time-share interest transfer services, a person shall not: (1) Engage in any time-share interest transfer services for consideration, or the expectation of receiving consideration, without first obtaining a written resale transfer agreement signed by the consumer time-share reseller that complies with this section; or (2) Fail to provide both the consumer time-share reseller and the escrow agent required by this chapter with an executed copy of the resale transfer agreement.

(1) Engage in any time-share interest transfer services for consideration, or the expectation of receiving consideration, without first obtaining a written resale transfer agreement signed by the consumer time-share reseller that complies with this section; or

(2) Fail to provide both the consumer time-share reseller and the escrow agent required by this chapter with an executed copy of the resale transfer agreement.

(b) Each resale transfer agreement shall contain: (1) A statement that no fee, cost, or other compensation may be paid to the time-share interest transfer services provider before the delivery to the consumer time-share reseller of written evidence that all promised time-share interest transfer services have been performed, including without limitation the delivery to: (A) Both the consumer time-share reseller and the time-share plan managing agent of a copy of the recorded instrument or other legal document evidencing the transfer of ownership of or legal title to the consumer time-share reseller's time-share interest to the transferee, accompanied by the full name, address, and other known contact information of the transferee; (B) Both the consumer time-share reseller and the time-share plan managing agent of a copy of the certification or other legal documents documenting the transfer or assignment of the time-share interest contract of membership evidencing the use rights and other privileges and obligations associated with the consumer time-share reseller's time-share interest, accompanied by the full name, address, and other known contact information of the transferee; or (C) The consumer time-share reseller of a copy of the legal document executed by the vendor or obligor evidencing the cancellation of the time-share interest contract or time-share loan obligation relating to the consumer time-share reseller's time-share interest; (2) The name, address, current phone number, and current email address of the escrow agent required by § 18-14-408 ; (3) A specific, detailed description of the time-share interest transfer services to be provided and a statement that the time-share interest transfer services provider will provide the consumer time-share reseller with written notice of the full performance of the time-share interest transfer services, together with a copy of the recorded instrument or other legal document evidencing the transfer of ownership of or legal title to the time-share interest from the consumer time-share reseller to a transferee; and (4) A statement in substantially the following form in conspicuous type immediately preceding the space in the resale transfer agreement provided for the consumer time-share reseller's signature: "(Name) has agreed to provide you with time-share interest transfer services under this resale transfer agreement. After those services have been fully performed, (Name) is obligated to provide you with written notice of the full performance and a copy of the recorded instruments or other legal document evidencing the transfer, assignment, or cancellation of the consumer time-share reseller's time-share interest. Any fee or other compensation paid by you under this agreement before the full performance by (Name) must be held in escrow by the escrow agent specified in this agreement, and (Name) is prohibited from receiving any fee or other compensation until all promised time-share interest transfer services have been performed."

(1) A statement that no fee, cost, or other compensation may be paid to the time-share interest transfer services provider before the delivery to the consumer time-share reseller of written evidence that all promised time-share interest transfer services have been performed, including without limitation the delivery to: (A) Both the consumer time-share reseller and the time-share plan managing agent of a copy of the recorded instrument or other legal document evidencing the transfer of ownership of or legal title to the consumer time-share reseller's time-share interest to the transferee, accompanied by the full name, address, and other known contact information of the transferee; (B) Both the consumer time-share reseller and the time-share plan managing agent of a copy of the certification or other legal documents documenting the transfer or assignment of the time-share interest contract of membership evidencing the use rights and other privileges and obligations associated with the consumer time-share reseller's time-share interest, accompanied by the full name, address, and other known contact information of the transferee; or (C) The consumer time-share reseller of a copy of the legal document executed by the vendor or obligor evidencing the cancellation of the time-share interest contract or time-share loan obligation relating to the consumer time-share reseller's time-share interest;

(A) Both the consumer time-share reseller and the time-share plan managing agent of a copy of the recorded instrument or other legal document evidencing the transfer of ownership of or legal title to the consumer time-share reseller's time-share interest to the transferee, accompanied by the full name, address, and other known contact information of the transferee;

(B) Both the consumer time-share reseller and the time-share plan managing agent of a copy of the certification or other legal documents documenting the transfer or assignment of the time-share interest contract of membership evidencing the use rights and other privileges and obligations associated with the consumer time-share reseller's time-share interest, accompanied by the full name, address, and other known contact information of the transferee; or

(C) The consumer time-share reseller of a copy of the legal document executed by the vendor or obligor evidencing the cancellation of the time-share interest contract or time-share loan obligation relating to the consumer time-share reseller's time-share interest;

(2) The name, address, current phone number, and current email address of the escrow agent required by § 18-14-408 ;

(3) A specific, detailed description of the time-share interest transfer services to be provided and a statement that the time-share interest transfer services provider will provide the consumer time-share reseller with written notice of the full performance of the time-share interest transfer services, together with a copy of the recorded instrument or other legal document evidencing the transfer of ownership of or legal title to the time-share interest from the consumer time-share reseller to a transferee; and

(4) A statement in substantially the following form in conspicuous type immediately preceding the space in the resale transfer agreement provided for the consumer time-share reseller's signature: "(Name) has agreed to provide you with time-share interest transfer services under this resale transfer agreement. After those services have been fully performed, (Name) is obligated to provide you with written notice of the full performance and a copy of the recorded instruments or other legal document evidencing the transfer, assignment, or cancellation of the consumer time-share reseller's time-share interest. Any fee or other compensation paid by you under this agreement before the full performance by (Name) must be held in escrow by the escrow agent specified in this agreement, and (Name) is prohibited from receiving any fee or other compensation until all promised time-share interest transfer services have been performed."

"(Name) has agreed to provide you with time-share interest transfer services under this resale transfer agreement. After those services have been fully performed, (Name) is obligated to provide you with written notice of the full performance and a copy of the recorded instruments or other legal document evidencing the transfer, assignment, or cancellation of the consumer time-share reseller's time-share interest. Any fee or other compensation paid by you under this agreement before the full performance by (Name) must be held in escrow by the escrow agent specified in this agreement, and (Name) is prohibited from receiving any fee or other compensation until all promised time-share interest transfer services have been performed."

(c) (1) (A) Before entering into a resale transfer agreement, a time-share interest services provider shall establish an escrow account with an escrow agent for the purpose of protecting the funds or other property of consumer time-share resellers required to be escrowed by this chapter. (B) An attorney who is licensed to practice in the State of Arkansas, a broker in good standing, or a title insurer or agent in good standing, that also provides time-share interest transfer services as described in this chapter, may serve as escrow agent under this section. (2) The escrow agent shall: (A) Maintain the escrow account in a manner as to be under the direct supervision and control of the escrow agent; and (B) Have a fiduciary duty to each consumer time-share reseller to maintain the escrow account in accordance with good accounting practices and to release the consumer time-share reseller's funds or other property from escrow only in accordance with this section. (3) (A) All funds or other property that are received from or on behalf of a consumer time-share reseller under a resale transfer agreement shall be deposited into an escrow account required under this section. (B) A fee, cost, or other compensation that is due or that will be paid to the time-share interest transfer services provider shall be held in the escrow account until the time-share interest transfer services provider has fully complied with all of his or her obligations under the resale transfer agreement and under this section. (4) The funds or other property required to be escrowed under this section may only be released from escrow as follows: (A) On the order of the time-share interest transfer services provider, upon presentation of an affidavit by the time-share interest transfer services provider that all promised time-share interest transfer services have been performed, including delivery to both the consumer time-share reseller and the time-share plan managing agent of a copy of the recorded instrument or other legal document evidencing the transfer of ownership of or legal title to the consumer resale time-share interest to the transferee; or (B) (i) To a managing agent to pay any assessments, transfer fees, or other money owed with respect to the time-share interest or to pay a governmental agency for the purpose of completing and perfecting the transfer. (ii) A managing agent shall accept any funds remitted to it by an escrow agent under this section.

(1) (A) Before entering into a resale transfer agreement, a time-share interest services provider shall establish an escrow account with an escrow agent for the purpose of protecting the funds or other property of consumer time-share resellers required to be escrowed by this chapter. (B) An attorney who is licensed to practice in the State of Arkansas, a broker in good standing, or a title insurer or agent in good standing, that also provides time-share interest transfer services as described in this chapter, may serve as escrow agent under this section.

(A) Before entering into a resale transfer agreement, a time-share interest services provider shall establish an escrow account with an escrow agent for the purpose of protecting the funds or other property of consumer time-share resellers required to be escrowed by this chapter.

(B) An attorney who is licensed to practice in the State of Arkansas, a broker in good standing, or a title insurer or agent in good standing, that also provides time-share interest transfer services as described in this chapter, may serve as escrow agent under this section.

(2) The escrow agent shall: (A) Maintain the escrow account in a manner as to be under the direct supervision and control of the escrow agent; and (B) Have a fiduciary duty to each consumer time-share reseller to maintain the escrow account in accordance with good accounting practices and to release the consumer time-share reseller's funds or other property from escrow only in accordance with this section.

(A) Maintain the escrow account in a manner as to be under the direct supervision and control of the escrow agent; and

(B) Have a fiduciary duty to each consumer time-share reseller to maintain the escrow account in accordance with good accounting practices and to release the consumer time-share reseller's funds or other property from escrow only in accordance with this section.

(3) (A) All funds or other property that are received from or on behalf of a consumer time-share reseller under a resale transfer agreement shall be deposited into an escrow account required under this section. (B) A fee, cost, or other compensation that is due or that will be paid to the time-share interest transfer services provider shall be held in the escrow account until the time-share interest transfer services provider has fully complied with all of his or her obligations under the resale transfer agreement and under this section.

(A) All funds or other property that are received from or on behalf of a consumer time-share reseller under a resale transfer agreement shall be deposited into an escrow account required under this section.

(B) A fee, cost, or other compensation that is due or that will be paid to the time-share interest transfer services provider shall be held in the escrow account until the time-share interest transfer services provider has fully complied with all of his or her obligations under the resale transfer agreement and under this section.

(4) The funds or other property required to be escrowed under this section may only be released from escrow as follows: (A) On the order of the time-share interest transfer services provider, upon presentation of an affidavit by the time-share interest transfer services provider that all promised time-share interest transfer services have been performed, including delivery to both the consumer time-share reseller and the time-share plan managing agent of a copy of the recorded instrument or other legal document evidencing the transfer of ownership of or legal title to the consumer resale time-share interest to the transferee; or (B) (i) To a managing agent to pay any assessments, transfer fees, or other money owed with respect to the time-share interest or to pay a governmental agency for the purpose of completing and perfecting the transfer. (ii) A managing agent shall accept any funds remitted to it by an escrow agent under this section.

(A) On the order of the time-share interest transfer services provider, upon presentation of an affidavit by the time-share interest transfer services provider that all promised time-share interest transfer services have been performed, including delivery to both the consumer time-share reseller and the time-share plan managing agent of a copy of the recorded instrument or other legal document evidencing the transfer of ownership of or legal title to the consumer resale time-share interest to the transferee; or

(B) (i) To a managing agent to pay any assessments, transfer fees, or other money owed with respect to the time-share interest or to pay a governmental agency for the purpose of completing and perfecting the transfer. (ii) A managing agent shall accept any funds remitted to it by an escrow agent under this section.

(i) To a managing agent to pay any assessments, transfer fees, or other money owed with respect to the time-share interest or to pay a governmental agency for the purpose of completing and perfecting the transfer.

(ii) A managing agent shall accept any funds remitted to it by an escrow agent under this section.

Added by Act 2021, No. 733,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 18-45-201 — AR Code / Title 18 / Chapter 45 / Subchapter 2 / Section 18-45-201
Right to absolute lien
Status: in_force

All blacksmiths, horseshoers, wheelwrights, automobile repairmen, airplane repairmen, machine shops, farm implement repairmen, automotive storagemen, firms, and corporations who perform, or have performed, work or labor for any person, firm, or corporation, who have furnished any materials or parts for the repair of any vehicle or farm implement, including tires and all other motor accessories and bodies for automobiles, trucks, tractors, airplanes, and all other motor propelling conveyances, or who store on their premises any automobile, truck, tractor, airplane, or other automotive vehicle, if unpaid, shall have an absolute lien upon the product or object of their labor, repair, or storage and upon all wagons, carriages, automobiles, trucks, tractors, airplanes, farm implements, and other articles repaired or stored and all horses or other animals shod by them, for the sums of money due for their work, labor, storage, and for materials furnished by them and used in the product, the shoeing and repairing, including the furnishing of tires and all other accessories and bodies for automobiles, trucks, tractors, airplanes, and all other motor-propelled vehicles. Acts 1919, No. 140, § 1, p. 123; C. & M. Dig., § 6866; Pope's Dig., § 8822; Acts 1963, No. 159, § 1; 1965, No. 458, § 1; A.S.A. 1947, § 51-404.

All blacksmiths, horseshoers, wheelwrights, automobile repairmen, airplane repairmen, machine shops, farm implement repairmen, automotive storagemen, firms, and corporations who perform, or have performed, work or labor for any person, firm, or corporation, who have furnished any materials or parts for the repair of any vehicle or farm implement, including tires and all other motor accessories and bodies for automobiles, trucks, tractors, airplanes, and all other motor propelling conveyances, or who store on their premises any automobile, truck, tractor, airplane, or other automotive vehicle, if unpaid, shall have an absolute lien upon the product or object of their labor, repair, or storage and upon all wagons, carriages, automobiles, trucks, tractors, airplanes, farm implements, and other articles repaired or stored and all horses or other animals shod by them, for the sums of money due for their work, labor, storage, and for materials furnished by them and used in the product, the shoeing and repairing, including the furnishing of tires and all other accessories and bodies for automobiles, trucks, tractors, airplanes, and all other motor-propelled vehicles.

Acts 1919, No. 140, § 1, p. 123; C. & M. Dig., § 6866; Pope's Dig., § 8822; Acts 1963, No. 159, § 1; 1965, No. 458, § 1; A.S.A. 1947, § 51-404.
Ark. Code Ann. § 18-28-102 — AR Code / Title 18 / Chapter 28 / Subchapter 1 / Section 18-28-102
Abandonment of jewelry with jeweler or merchant for service, repair, or on consignment - Disposition
Status: in_force

(a) An item of jewelry left with a jeweler or merchant for service or repair or on consignment that is not claimed within one (1) year or by a later time if the later time is specified in writing shall be deemed abandoned property and may be disposed of under this section without recourse by or liability to the party delivering the jewelry, the owner of the jewelry, or any other party. (b) The jeweler or merchant may dispose of the jewelry if at the time of receiving the jewelry: (1) The jeweler or merchant gives the party delivering the jewelry notice in writing that: (A) The jeweler or merchant may dispose of the jewelry without any liability or accountability to the party delivering the jewelry, the owner of the jewelry, or any other party unless the jewelry is reclaimed within one (1) year or by a later time if the later time is specified by the parties in writing; and (B) The party delivering the jewelry, the owner of the jewelry, or any other interested party must supply to the jeweler or merchant a current mailing address in order to receive notice of a sale or other disposition of the property after one (1) year or by a later time if the later time is specified by the parties in writing; and (2) The jeweler or merchant receives a current mailing address from the party delivering the jewelry and, if different, the owner of the jewelry. (c) (1) Notice that the jewelry is deemed abandoned under this section shall be sent by certified mail to each current mailing address that has been supplied to the jeweler or merchant at least fifteen (15) days prior to the sale or other disposition of the jewelry, or a different time period if agreed to by the parties in writing. (2) The failure of the party delivering the jewelry, the owner of the jewelry, or any other interested party to supply a current mailing address in order to receive notice of the sale or other disposition of the jewelry is a waiver of any right, claim, or interest in the jewelry. (d) (1) A jeweler or merchant that disposes of jewelry under this section shall apply the proceeds from the sale or other disposition of the jewelry to: (A) A reasonable handling charge of the jeweler or merchant, not to exceed fifty dollars ($50.00); and (B) The indebtedness owed to the jeweler or merchant for repairs or services performed in connection with the jewelry. (2) Any proceeds that exceed the amount necessary to make the jeweler or merchant whole under subdivision (d)(1) of this section shall be treated as unclaimed property and reported and paid to the Auditor of State under the Unclaimed Property Act, § 18-28-201 et seq. Acts 2009, No. 652, § 1.

(a) An item of jewelry left with a jeweler or merchant for service or repair or on consignment that is not claimed within one (1) year or by a later time if the later time is specified in writing shall be deemed abandoned property and may be disposed of under this section without recourse by or liability to the party delivering the jewelry, the owner of the jewelry, or any other party.

(b) The jeweler or merchant may dispose of the jewelry if at the time of receiving the jewelry: (1) The jeweler or merchant gives the party delivering the jewelry notice in writing that: (A) The jeweler or merchant may dispose of the jewelry without any liability or accountability to the party delivering the jewelry, the owner of the jewelry, or any other party unless the jewelry is reclaimed within one (1) year or by a later time if the later time is specified by the parties in writing; and (B) The party delivering the jewelry, the owner of the jewelry, or any other interested party must supply to the jeweler or merchant a current mailing address in order to receive notice of a sale or other disposition of the property after one (1) year or by a later time if the later time is specified by the parties in writing; and (2) The jeweler or merchant receives a current mailing address from the party delivering the jewelry and, if different, the owner of the jewelry.

(1) The jeweler or merchant gives the party delivering the jewelry notice in writing that: (A) The jeweler or merchant may dispose of the jewelry without any liability or accountability to the party delivering the jewelry, the owner of the jewelry, or any other party unless the jewelry is reclaimed within one (1) year or by a later time if the later time is specified by the parties in writing; and (B) The party delivering the jewelry, the owner of the jewelry, or any other interested party must supply to the jeweler or merchant a current mailing address in order to receive notice of a sale or other disposition of the property after one (1) year or by a later time if the later time is specified by the parties in writing; and

(A) The jeweler or merchant may dispose of the jewelry without any liability or accountability to the party delivering the jewelry, the owner of the jewelry, or any other party unless the jewelry is reclaimed within one (1) year or by a later time if the later time is specified by the parties in writing; and

(B) The party delivering the jewelry, the owner of the jewelry, or any other interested party must supply to the jeweler or merchant a current mailing address in order to receive notice of a sale or other disposition of the property after one (1) year or by a later time if the later time is specified by the parties in writing; and

(2) The jeweler or merchant receives a current mailing address from the party delivering the jewelry and, if different, the owner of the jewelry.

(c) (1) Notice that the jewelry is deemed abandoned under this section shall be sent by certified mail to each current mailing address that has been supplied to the jeweler or merchant at least fifteen (15) days prior to the sale or other disposition of the jewelry, or a different time period if agreed to by the parties in writing. (2) The failure of the party delivering the jewelry, the owner of the jewelry, or any other interested party to supply a current mailing address in order to receive notice of the sale or other disposition of the jewelry is a waiver of any right, claim, or interest in the jewelry.

(1) Notice that the jewelry is deemed abandoned under this section shall be sent by certified mail to each current mailing address that has been supplied to the jeweler or merchant at least fifteen (15) days prior to the sale or other disposition of the jewelry, or a different time period if agreed to by the parties in writing.

(2) The failure of the party delivering the jewelry, the owner of the jewelry, or any other interested party to supply a current mailing address in order to receive notice of the sale or other disposition of the jewelry is a waiver of any right, claim, or interest in the jewelry.

(d) (1) A jeweler or merchant that disposes of jewelry under this section shall apply the proceeds from the sale or other disposition of the jewelry to: (A) A reasonable handling charge of the jeweler or merchant, not to exceed fifty dollars ($50.00); and (B) The indebtedness owed to the jeweler or merchant for repairs or services performed in connection with the jewelry. (2) Any proceeds that exceed the amount necessary to make the jeweler or merchant whole under subdivision (d)(1) of this section shall be treated as unclaimed property and reported and paid to the Auditor of State under the Unclaimed Property Act, § 18-28-201 et seq.

(1) A jeweler or merchant that disposes of jewelry under this section shall apply the proceeds from the sale or other disposition of the jewelry to: (A) A reasonable handling charge of the jeweler or merchant, not to exceed fifty dollars ($50.00); and (B) The indebtedness owed to the jeweler or merchant for repairs or services performed in connection with the jewelry.

(A) A reasonable handling charge of the jeweler or merchant, not to exceed fifty dollars ($50.00); and

(B) The indebtedness owed to the jeweler or merchant for repairs or services performed in connection with the jewelry.

(2) Any proceeds that exceed the amount necessary to make the jeweler or merchant whole under subdivision (d)(1) of this section shall be treated as unclaimed property and reported and paid to the Auditor of State under the Unclaimed Property Act, § 18-28-201 et seq.

Acts 2009, No. 652, § 1.
Ark. Code Ann. § 18-15-910 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-910
Consequences of viewers' report
Status: in_force

(a) On receiving the report of the viewers, the county court shall cause the report to be read publicly upon the second day of the term. (b) If no objection shall be made to the report and the court is satisfied that the public landing will be of sufficient importance to the public as to cause the damages and the compensation which have been assessed to be paid by the county, that the assessment is reasonable and just, and that the report of the viewers is favorable thereto, then the court shall order the compensation for the property to be paid to the person entitled thereto from the county treasury, and thenceforth the property shall be considered a public landing. (c) But if the court shall be of the opinion that the public landing is not of sufficient public utility for the county to pay the assessed compensation and damages and the petitioners refuse to pay the compensation and damages, then the public landing shall not be declared a public landing, and the costs accruing by reason of the application shall be paid by the petitioners as provided in this subchapter. (d) (1) If the report of the viewers is against the proposed public landing or, if in the opinion of the court, the proposed public landing is not of public utility, then no further proceedings shall be had thereon. (2) The obligor in the bond securing costs and expenses shall be liable for the full amount of the costs and expenses. Acts 1909, No. 307, § 12, p. 916; C. & M. Dig., § 4069; Pope's Dig., § 5072; A.S.A. 1947, § 35-1012.

(a) On receiving the report of the viewers, the county court shall cause the report to be read publicly upon the second day of the term.

(b) If no objection shall be made to the report and the court is satisfied that the public landing will be of sufficient importance to the public as to cause the damages and the compensation which have been assessed to be paid by the county, that the assessment is reasonable and just, and that the report of the viewers is favorable thereto, then the court shall order the compensation for the property to be paid to the person entitled thereto from the county treasury, and thenceforth the property shall be considered a public landing.

(c) But if the court shall be of the opinion that the public landing is not of sufficient public utility for the county to pay the assessed compensation and damages and the petitioners refuse to pay the compensation and damages, then the public landing shall not be declared a public landing, and the costs accruing by reason of the application shall be paid by the petitioners as provided in this subchapter.

(d) (1) If the report of the viewers is against the proposed public landing or, if in the opinion of the court, the proposed public landing is not of public utility, then no further proceedings shall be had thereon. (2) The obligor in the bond securing costs and expenses shall be liable for the full amount of the costs and expenses.

(1) If the report of the viewers is against the proposed public landing or, if in the opinion of the court, the proposed public landing is not of public utility, then no further proceedings shall be had thereon.

(2) The obligor in the bond securing costs and expenses shall be liable for the full amount of the costs and expenses.

Acts 1909, No. 307, § 12, p. 916; C. & M. Dig., § 4069; Pope's Dig., § 5072; A.S.A. 1947, § 35-1012.
Ark. Code Ann. § 18-45-207 — AR Code / Title 18 / Chapter 45 / Subchapter 2 / Section 18-45-207
Suits to enforce liens - Attachment
Status: in_force

(a) Liens accruing under this subchapter may be enforced at any time within eighteen (18) months after the accounts are filed by suits in the circuit or district court. (b) (1) If the lienholder has parted with possession of any property upon which he or she claims a lien under the provisions of § 18-45-201 , he or she may, at the time of institution of his or her suit, have a specific attachment of the property upon which he or she claims the lien by praying for it in his or her complaint and by providing bond in the manner and amount as otherwise provided by law for attachment. (2) The establishment of a valid lien at the hearing of the cause shall be grounds for sustaining the attachment. Acts 1919, No. 140, § 8, p. 123; C. & M. Dig., § 6873; Acts 1923, No. 252, § 1; Pope's Dig., § 8829; Acts 1951, No. 271, § 1; 1953, No. 77, § 1; A.S.A. 1947, § 51-411; Acts 2003, No. 1185, § 253.

(a) Liens accruing under this subchapter may be enforced at any time within eighteen (18) months after the accounts are filed by suits in the circuit or district court.

(b) (1) If the lienholder has parted with possession of any property upon which he or she claims a lien under the provisions of § 18-45-201 , he or she may, at the time of institution of his or her suit, have a specific attachment of the property upon which he or she claims the lien by praying for it in his or her complaint and by providing bond in the manner and amount as otherwise provided by law for attachment. (2) The establishment of a valid lien at the hearing of the cause shall be grounds for sustaining the attachment.

(1) If the lienholder has parted with possession of any property upon which he or she claims a lien under the provisions of § 18-45-201 , he or she may, at the time of institution of his or her suit, have a specific attachment of the property upon which he or she claims the lien by praying for it in his or her complaint and by providing bond in the manner and amount as otherwise provided by law for attachment.

(2) The establishment of a valid lien at the hearing of the cause shall be grounds for sustaining the attachment.

Acts 1919, No. 140, § 8, p. 123; C. & M. Dig., § 6873; Acts 1923, No. 252, § 1; Pope's Dig., § 8829; Acts 1951, No. 271, § 1; 1953, No. 77, § 1; A.S.A. 1947, § 51-411; Acts 2003, No. 1185, § 253.
Ark. Code Ann. § 18-12-108 — AR Code / Title 18 / Chapter 12 / Subchapter 1 / Section 18-12-108
Scrivener's affidavits - Definition
Status: in_force

(a) As used in this section, "scrivener's affidavit" means a sworn and acknowledged affidavit relating to: (1) The identification, marital status, heirship, relation, death, or the time of death of a person who is a party to an instrument affecting the title to real property; (2) The identification of a corporation or other legal entity that is a party to an instrument affecting the title to real property; or (3) The legal description to real property. (b) A scrivener's affidavit may be executed and recorded by a: (1) Licensed attorney who prepared the original instrument; (2) Licensed attorney who represents a party to the original instrument; (3) Party to the original instrument if the party prepared the original instrument; or (4) Current employee of a title company that completed the form of the original instrument. (c) A scrivener's affidavit shall: (1) Be sworn to and acknowledged before a person authorized to administer an oath under the laws of this state; (2) Conspicuously identify in its title that it is a "Scrivener's Affidavit"; and (3) Contain the following information concerning the original instrument: (A) The name of the person or entity that completed or prepared the original instrument; (B) The names of all parties to the original instrument; (C) The recording information, including the recording date of the original instrument; and (D) A brief description of each error that the scrivener's affidavit is designed to correct. (d) A scrivener's affidavit may be prepared in substantially the following form: Click here to view form. (e) A scrivener's affidavit that complies with this section in substantially the form provided by subsection (d) of this section or in a custom form shall be: (1) Recorded by the county recorder in the land records of the county where the real property is located; (2) Indexed by the county recorder in the general index under the names of the original parties to the instrument as they are identified in the scrivener's affidavit; and (3) Admissible as evidence to the same extent as a deed or other instrument recorded pursuant to § 18-12-201 et seq. in an action involving the instrument to which it relates or the title to the real property affected by the instrument. (f) (1) Except as provided in subdivisions (f)(2) and (3) of this section, notice of the corrective information provided by the scrivener's affidavit is effective at the time the scrivener's affidavit is recorded. (2) If an error contained in a scrivener's affidavit is of an obvious nature, notice of the corrective information provided by the scrivener's affidavit is effective at the time the original instrument being corrected was recorded. (3) Subdivision (f)(2) of this section does not apply to a bona fide purchaser for value of real property. Added by Act 2013, No. 1045,§ 1, eff. 8/16/2013.

(a) As used in this section, "scrivener's affidavit" means a sworn and acknowledged affidavit relating to: (1) The identification, marital status, heirship, relation, death, or the time of death of a person who is a party to an instrument affecting the title to real property; (2) The identification of a corporation or other legal entity that is a party to an instrument affecting the title to real property; or (3) The legal description to real property.

(1) The identification, marital status, heirship, relation, death, or the time of death of a person who is a party to an instrument affecting the title to real property;

(2) The identification of a corporation or other legal entity that is a party to an instrument affecting the title to real property; or

(3) The legal description to real property.

(b) A scrivener's affidavit may be executed and recorded by a: (1) Licensed attorney who prepared the original instrument; (2) Licensed attorney who represents a party to the original instrument; (3) Party to the original instrument if the party prepared the original instrument; or (4) Current employee of a title company that completed the form of the original instrument.

(1) Licensed attorney who prepared the original instrument;

(2) Licensed attorney who represents a party to the original instrument;

(3) Party to the original instrument if the party prepared the original instrument; or

(4) Current employee of a title company that completed the form of the original instrument.

(c) A scrivener's affidavit shall: (1) Be sworn to and acknowledged before a person authorized to administer an oath under the laws of this state; (2) Conspicuously identify in its title that it is a "Scrivener's Affidavit"; and (3) Contain the following information concerning the original instrument: (A) The name of the person or entity that completed or prepared the original instrument; (B) The names of all parties to the original instrument; (C) The recording information, including the recording date of the original instrument; and (D) A brief description of each error that the scrivener's affidavit is designed to correct.

(1) Be sworn to and acknowledged before a person authorized to administer an oath under the laws of this state;

(2) Conspicuously identify in its title that it is a "Scrivener's Affidavit"; and

(3) Contain the following information concerning the original instrument: (A) The name of the person or entity that completed or prepared the original instrument; (B) The names of all parties to the original instrument; (C) The recording information, including the recording date of the original instrument; and (D) A brief description of each error that the scrivener's affidavit is designed to correct.

(A) The name of the person or entity that completed or prepared the original instrument;

(B) The names of all parties to the original instrument;

(C) The recording information, including the recording date of the original instrument; and

(D) A brief description of each error that the scrivener's affidavit is designed to correct.

(d) A scrivener's affidavit may be prepared in substantially the following form: Click here to view form.

Click here to view form.

(e) A scrivener's affidavit that complies with this section in substantially the form provided by subsection (d) of this section or in a custom form shall be: (1) Recorded by the county recorder in the land records of the county where the real property is located; (2) Indexed by the county recorder in the general index under the names of the original parties to the instrument as they are identified in the scrivener's affidavit; and (3) Admissible as evidence to the same extent as a deed or other instrument recorded pursuant to § 18-12-201 et seq. in an action involving the instrument to which it relates or the title to the real property affected by the instrument.

(1) Recorded by the county recorder in the land records of the county where the real property is located;

(2) Indexed by the county recorder in the general index under the names of the original parties to the instrument as they are identified in the scrivener's affidavit; and

(3) Admissible as evidence to the same extent as a deed or other instrument recorded pursuant to § 18-12-201 et seq. in an action involving the instrument to which it relates or the title to the real property affected by the instrument.

(f) (1) Except as provided in subdivisions (f)(2) and (3) of this section, notice of the corrective information provided by the scrivener's affidavit is effective at the time the scrivener's affidavit is recorded. (2) If an error contained in a scrivener's affidavit is of an obvious nature, notice of the corrective information provided by the scrivener's affidavit is effective at the time the original instrument being corrected was recorded. (3) Subdivision (f)(2) of this section does not apply to a bona fide purchaser for value of real property.

(1) Except as provided in subdivisions (f)(2) and (3) of this section, notice of the corrective information provided by the scrivener's affidavit is effective at the time the scrivener's affidavit is recorded.

(2) If an error contained in a scrivener's affidavit is of an obvious nature, notice of the corrective information provided by the scrivener's affidavit is effective at the time the original instrument being corrected was recorded.

(3) Subdivision (f)(2) of this section does not apply to a bona fide purchaser for value of real property.

Added by Act 2013, No. 1045,§ 1, eff. 8/16/2013.

12_108_1 - Attachment
Ark. Code Ann. § 18-40-106 — AR Code / Title 18 / Chapter 40 / Section 18-40-106
Sufficiency of satisfaction - Transfer or assignment
Status: in_force

(a) (1) Satisfaction of any mortgage, deed of trust, vendor's lien, or lien retained in deed or note made and endorsed on the margin of the record where the instrument is recorded by the mortgagee, trustee, beneficiary, agent of the owner of record of the indebtedness, or by the owner of record thereof, shall be full and complete protection for any subsequent purchaser, mortgagee, or judgment creditor of the mortgagor or grantor, unless there shall appear on the margin of the record where the instrument is recorded a memorandum showing that the mortgage, deed of trust, vendor's lien, lien retained in deed or note, or other evidence of indebtedness secured thereby has been transferred or assigned. (2) The memorandum shall be signed by the transferor or assignor, giving the name of the transferee or assignee, together with the date of the transfer or assignment, the signature to be attested and dated by the clerk. (b) Where it shall appear from a memorandum endorsed upon the margin of the record and attested as provided in subsection (a) of this section that the mortgage, deed of trust, vendor's lien, or other evidence of indebtedness has been transferred, satisfaction shall be made by the party appearing therein as the transferee. (c) (1) This section does not apply in counties which use other than paper recording systems. (2) The clerks in counties that use other than paper recording systems shall not allow any marginal endorsements to be made after December 31, 1995. (3) In counties which use other than paper recording systems, marginal endorsements made after December 31, 1995, are void. Acts 1917, No. 374, § 2; C. & M. Dig., § 7399; Pope's Dig., § 9456; A.S.A. 1947, § 51-1016; Acts 1995, No. 1025, § 3.

(a) (1) Satisfaction of any mortgage, deed of trust, vendor's lien, or lien retained in deed or note made and endorsed on the margin of the record where the instrument is recorded by the mortgagee, trustee, beneficiary, agent of the owner of record of the indebtedness, or by the owner of record thereof, shall be full and complete protection for any subsequent purchaser, mortgagee, or judgment creditor of the mortgagor or grantor, unless there shall appear on the margin of the record where the instrument is recorded a memorandum showing that the mortgage, deed of trust, vendor's lien, lien retained in deed or note, or other evidence of indebtedness secured thereby has been transferred or assigned. (2) The memorandum shall be signed by the transferor or assignor, giving the name of the transferee or assignee, together with the date of the transfer or assignment, the signature to be attested and dated by the clerk.

(1) Satisfaction of any mortgage, deed of trust, vendor's lien, or lien retained in deed or note made and endorsed on the margin of the record where the instrument is recorded by the mortgagee, trustee, beneficiary, agent of the owner of record of the indebtedness, or by the owner of record thereof, shall be full and complete protection for any subsequent purchaser, mortgagee, or judgment creditor of the mortgagor or grantor, unless there shall appear on the margin of the record where the instrument is recorded a memorandum showing that the mortgage, deed of trust, vendor's lien, lien retained in deed or note, or other evidence of indebtedness secured thereby has been transferred or assigned.

(2) The memorandum shall be signed by the transferor or assignor, giving the name of the transferee or assignee, together with the date of the transfer or assignment, the signature to be attested and dated by the clerk.

(b) Where it shall appear from a memorandum endorsed upon the margin of the record and attested as provided in subsection (a) of this section that the mortgage, deed of trust, vendor's lien, or other evidence of indebtedness has been transferred, satisfaction shall be made by the party appearing therein as the transferee.

(c) (1) This section does not apply in counties which use other than paper recording systems. (2) The clerks in counties that use other than paper recording systems shall not allow any marginal endorsements to be made after December 31, 1995. (3) In counties which use other than paper recording systems, marginal endorsements made after December 31, 1995, are void.

(1) This section does not apply in counties which use other than paper recording systems.

(2) The clerks in counties that use other than paper recording systems shall not allow any marginal endorsements to be made after December 31, 1995.

(3) In counties which use other than paper recording systems, marginal endorsements made after December 31, 1995, are void.

Acts 1917, No. 374, § 2; C. & M. Dig., § 7399; Pope's Dig., § 9456; A.S.A. 1947, § 51-1016; Acts 1995, No. 1025, § 3.
Ark. Code Ann. § 18-11-304 — AR Code / Title 18 / Chapter 11 / Subchapter 3 / Section 18-11-304
Duty of care
Status: in_force

Except as specifically recognized by or provided in § 18-11-307 , an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for recreational purposes. Acts 1965, No. 51, § 3; A.S.A. 1947, § 50-1103.

Except as specifically recognized by or provided in § 18-11-307 , an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for recreational purposes.

Acts 1965, No. 51, § 3; A.S.A. 1947, § 50-1103.
Ark. Code Ann. § 18-15-101 — AR Code / Title 18 / Chapter 15 / Subchapter 1 / Section 18-15-101
Deduction from compensation of taxes due on real property
Status: in_force

(a) When the State of Arkansas or any of its agencies or departments shall purchase or take by eminent domain any real property for any purpose and any ad valorem taxes are due, or will become due, during the calendar year in which the purchase or taking occurs, then the state or its agencies or departments purchasing or taking the real property shall withhold from the compensation therefor the amount of the taxes so due, or to become due, during the calendar year and shall remit them to the tax collector of the county in which the real property is located. (b) If the state or any of its agencies or departments shall fail to withhold and pay the tax upon real property as required pursuant to this section, the county in which the property is located shall be entitled to file a claim with the Arkansas State Claims Commission and to recover the amount of taxes on property purchased or taken by eminent domain as provided in this chapter from the state or its agency or department failing to comply with this section. Acts 1969, No. 54, § 1; A.S.A. 1947, § 35-102.1.

(a) When the State of Arkansas or any of its agencies or departments shall purchase or take by eminent domain any real property for any purpose and any ad valorem taxes are due, or will become due, during the calendar year in which the purchase or taking occurs, then the state or its agencies or departments purchasing or taking the real property shall withhold from the compensation therefor the amount of the taxes so due, or to become due, during the calendar year and shall remit them to the tax collector of the county in which the real property is located.

(b) If the state or any of its agencies or departments shall fail to withhold and pay the tax upon real property as required pursuant to this section, the county in which the property is located shall be entitled to file a claim with the Arkansas State Claims Commission and to recover the amount of taxes on property purchased or taken by eminent domain as provided in this chapter from the state or its agency or department failing to comply with this section.

Acts 1969, No. 54, § 1; A.S.A. 1947, § 35-102.1.
Ark. Code Ann. § 18-12-401 — AR Code / Title 18 / Chapter 12 / Subchapter 4 / Section 18-12-401
Deed between spouses
Status: in_force

(a) A deed of conveyance of real property located in this state executed after the passage of this act by an individual to his or her spouse shall convey to the grantee named in the deed the entire interest of the grantor in the property conveyed, or the interest specified in the deed, as if the spousal relation did not exist between the parties to the deed. (b) (1) All deeds of conveyance of real property in this state executed before the passage of this act by an individual to his or her spouse shall convey to the respective grantees in the deeds the full and entire interests of the respective grantors in the deeds, or the interests specified in the deeds respectively, as if the spousal relation had not existed between the parties to the deeds. (2) This subsection does not apply to a deed that has been construed by a court of competent jurisdiction. (c) The word "deed" as used in this section includes instruments of writing affecting, or purporting to affect, the title to real property, either by way of conveyance or encumbrance. (d) The purpose of this section is to empower an individual to contract with his or her spouse in regard to real property in the same manner and to the same effect as if the spousal relation did not exist between the parties to the deed. Amended by Act 2019, No. 387,§ 1, eff. 7/24/2019. Acts 1935, No. 86, §§ 1-3; Pope's Dig., §§ 1866-1868; A.S.A. 1947, §§ 50-413, 50-413n, 50-414.

(a) A deed of conveyance of real property located in this state executed after the passage of this act by an individual to his or her spouse shall convey to the grantee named in the deed the entire interest of the grantor in the property conveyed, or the interest specified in the deed, as if the spousal relation did not exist between the parties to the deed.

(b) (1) All deeds of conveyance of real property in this state executed before the passage of this act by an individual to his or her spouse shall convey to the respective grantees in the deeds the full and entire interests of the respective grantors in the deeds, or the interests specified in the deeds respectively, as if the spousal relation had not existed between the parties to the deeds. (2) This subsection does not apply to a deed that has been construed by a court of competent jurisdiction.

(1) All deeds of conveyance of real property in this state executed before the passage of this act by an individual to his or her spouse shall convey to the respective grantees in the deeds the full and entire interests of the respective grantors in the deeds, or the interests specified in the deeds respectively, as if the spousal relation had not existed between the parties to the deeds.

(2) This subsection does not apply to a deed that has been construed by a court of competent jurisdiction.

(c) The word "deed" as used in this section includes instruments of writing affecting, or purporting to affect, the title to real property, either by way of conveyance or encumbrance.

(d) The purpose of this section is to empower an individual to contract with his or her spouse in regard to real property in the same manner and to the same effect as if the spousal relation did not exist between the parties to the deed.

Amended by Act 2019, No. 387,§ 1, eff. 7/24/2019.

Acts 1935, No. 86, §§ 1-3; Pope's Dig., §§ 1866-1868; A.S.A. 1947, §§ 50-413, 50-413n, 50-414.
Ark. Code Ann. § 18-14-207 — AR Code / Title 18 / Chapter 14 / Subchapter 2 / Section 18-14-207
Regulation and use of public offering statement
Status: in_force

(a) (1) The Arkansas Real Estate Commission may require a developer to alter or supplement the form or substance of a public offering statement to assure adequate and accurate disclosure to prospective purchasers. (2) The commission may require that certain disclosures contained in the public offering statement be in boldface type to protect the purchaser. (b) (1) The public offering statement shall not be used for promotional purposes before registration and may be used afterwards only in its entirety. (2) A person shall not advertise that the commission has approved or recommended the time-share plan, the disclosure statement, or any of the documents contained in the application for registration. Amended by Act 2013, No. 710,§ 2, eff. 8/16/2013. Acts 1983, No. 294, Art. 4, § 4-104; A.S.A. 1947, § 50-1328.

(a) (1) The Arkansas Real Estate Commission may require a developer to alter or supplement the form or substance of a public offering statement to assure adequate and accurate disclosure to prospective purchasers. (2) The commission may require that certain disclosures contained in the public offering statement be in boldface type to protect the purchaser.

(1) The Arkansas Real Estate Commission may require a developer to alter or supplement the form or substance of a public offering statement to assure adequate and accurate disclosure to prospective purchasers.

(2) The commission may require that certain disclosures contained in the public offering statement be in boldface type to protect the purchaser.

(b) (1) The public offering statement shall not be used for promotional purposes before registration and may be used afterwards only in its entirety. (2) A person shall not advertise that the commission has approved or recommended the time-share plan, the disclosure statement, or any of the documents contained in the application for registration.

(1) The public offering statement shall not be used for promotional purposes before registration and may be used afterwards only in its entirety.

(2) A person shall not advertise that the commission has approved or recommended the time-share plan, the disclosure statement, or any of the documents contained in the application for registration.

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

Acts 1983, No. 294, Art. 4, § 4-104; A.S.A. 1947, § 50-1328.
Ark. Code Ann. § 18-48-505 — AR Code / Title 18 / Chapter 48 / Subchapter 5 / Section 18-48-505
Cotton ginner's lien
Status: in_force

(a) The owner of a cotton gin who shall gin seed cotton for another and bale it shall have an absolute lien on the cottonseed and on the baled cotton to secure the payment of the ginning and the bagging and ties used in baling the cotton. (b) The lien shall attach to each bale of cotton ginned and baled, and to the seed therefrom, to secure the payment of the ginning and for the bagging and ties used on each and every bale of cotton so ginned and baled for the owner, during the season for which the bale was ginned. (c) This lien shall be superior to all other prior liens. Acts 1907, No. 231, § 1, p. 536; C. & M. Dig., § 6846; Pope's Dig., § 8802; A.S.A. 1947, § 51-901.

(a) The owner of a cotton gin who shall gin seed cotton for another and bale it shall have an absolute lien on the cottonseed and on the baled cotton to secure the payment of the ginning and the bagging and ties used in baling the cotton.

(b) The lien shall attach to each bale of cotton ginned and baled, and to the seed therefrom, to secure the payment of the ginning and for the bagging and ties used on each and every bale of cotton so ginned and baled for the owner, during the season for which the bale was ginned.

(c) This lien shall be superior to all other prior liens.

Acts 1907, No. 231, § 1, p. 536; C. & M. Dig., § 6846; Pope's Dig., § 8802; A.S.A. 1947, § 51-901.
Ark. Code Ann. § 18-15-706 — AR Code / Title 18 / Chapter 15 / Subchapter 7 / Section 18-15-706
Issuance of writ - Inquiry by jury
Status: in_force

(a) (1) On filing the petition, it shall be the duty of the court to cause a writ of ad quod damnum to be issued under the seal of the court. (2) The writ shall be directed to the sheriff, commanding him or her to summon twelve (12) fit persons of his or her county to meet at the place where the mill is proposed to be erected or the land overflowed, on a day named in the writ. (3) Then and there, it shall be the duty of the court to inquire by the jury, touching the matter contained in the petition, a copy of which shall accompany the writ. (b) It shall be the duty of the sheriff to attend with the jury on the day and at the place appointed, and upon full examination and inquiry by the jury, it shall find: (1) What will be the amount of damage to each proprietor by reason of inundation consequent upon the erection of the dam as proposed; (2) Whether the dwelling of any proprietor or the outhouses, curtilages, or gardens thereunto immediately belonging, or orchard, will be overflowed thereby; (3) Whether, and to what extent, ordinary navigation and the passage of fish will be obstructed by the erection, and whether and by what means the obstructions may be prevented or diminished; and (4) Whether the health of the neighborhood will be materially endangered in consequence of the erection. (c) The inquest of the jury shall be reduced to writing and, after being signed by each member of the jury, shall be returned by the sheriff together with the writ, and a statement of the manner in which he or she executed it, into the court which issued it, without delay. Rev. Stat., ch. 98, §§ 7, 8,11; C. & M. Dig., §§ 3949, 3950, 3953; Pope's Dig., §§ 4951, 4952, 4955; A.S.A. 1947, §§ 35-507, 35-508, 35-511.

(a) (1) On filing the petition, it shall be the duty of the court to cause a writ of ad quod damnum to be issued under the seal of the court. (2) The writ shall be directed to the sheriff, commanding him or her to summon twelve (12) fit persons of his or her county to meet at the place where the mill is proposed to be erected or the land overflowed, on a day named in the writ. (3) Then and there, it shall be the duty of the court to inquire by the jury, touching the matter contained in the petition, a copy of which shall accompany the writ.

(1) On filing the petition, it shall be the duty of the court to cause a writ of ad quod damnum to be issued under the seal of the court.

(2) The writ shall be directed to the sheriff, commanding him or her to summon twelve (12) fit persons of his or her county to meet at the place where the mill is proposed to be erected or the land overflowed, on a day named in the writ.

(3) Then and there, it shall be the duty of the court to inquire by the jury, touching the matter contained in the petition, a copy of which shall accompany the writ.

(b) It shall be the duty of the sheriff to attend with the jury on the day and at the place appointed, and upon full examination and inquiry by the jury, it shall find: (1) What will be the amount of damage to each proprietor by reason of inundation consequent upon the erection of the dam as proposed; (2) Whether the dwelling of any proprietor or the outhouses, curtilages, or gardens thereunto immediately belonging, or orchard, will be overflowed thereby; (3) Whether, and to what extent, ordinary navigation and the passage of fish will be obstructed by the erection, and whether and by what means the obstructions may be prevented or diminished; and (4) Whether the health of the neighborhood will be materially endangered in consequence of the erection.

(1) What will be the amount of damage to each proprietor by reason of inundation consequent upon the erection of the dam as proposed;

(2) Whether the dwelling of any proprietor or the outhouses, curtilages, or gardens thereunto immediately belonging, or orchard, will be overflowed thereby;

(3) Whether, and to what extent, ordinary navigation and the passage of fish will be obstructed by the erection, and whether and by what means the obstructions may be prevented or diminished; and

(4) Whether the health of the neighborhood will be materially endangered in consequence of the erection.

(c) The inquest of the jury shall be reduced to writing and, after being signed by each member of the jury, shall be returned by the sheriff together with the writ, and a statement of the manner in which he or she executed it, into the court which issued it, without delay.

Rev. Stat., ch. 98, §§ 7, 8,11; C. & M. Dig., §§ 3949, 3950, 3953; Pope's Dig., §§ 4951, 4952, 4955; A.S.A. 1947, §§ 35-507, 35-508, 35-511.
Ark. Code Ann. § 18-60-606 — AR Code / Title 18 / Chapter 60 / Subchapter 6 / Section 18-60-606
Evidence at trial
Status: in_force

(a) (1) On the trial of the cause, the petitioner shall exhibit to the court proof that taxes owed on the lands were either paid, settled, or released and, in the case of lands acquired from levee and drainage improvement districts: (A) All delinquent taxes that have been paid, settled, or released; (B) The deed or deeds under which he or she claims title, or the record thereof, or a certified copy or copies from the record; and (C) Oral or written proof by one (1) or more witnesses acquainted with the lands showing that no one is in possession claiming adverse to the petitioner. (2) The name of the witness or witnesses so sworn shall be preserved in the decree. (b) A sheriff's or land commissioner's deed, given in the usual form, without witnesses, shall be taken and considered by the court as sufficient evidence of the authority under which the sale was made, the description of the land, and the price at which it was purchased. Rev. Stat., ch. 149, §§ 4, 5; Acts 1893, No. 95, § 3, p. 165; C. & M. Dig., §§ 8386, 8387, 8390; Pope's Dig., §§ 10982, 10983, 10986; Acts 1951, No. 263, § 3; A.S.A. 1947, §§ 34-1921, 34-1922; Acts 2007, No. 1037, § 4.

(a) (1) On the trial of the cause, the petitioner shall exhibit to the court proof that taxes owed on the lands were either paid, settled, or released and, in the case of lands acquired from levee and drainage improvement districts: (A) All delinquent taxes that have been paid, settled, or released; (B) The deed or deeds under which he or she claims title, or the record thereof, or a certified copy or copies from the record; and (C) Oral or written proof by one (1) or more witnesses acquainted with the lands showing that no one is in possession claiming adverse to the petitioner. (2) The name of the witness or witnesses so sworn shall be preserved in the decree.

(1) On the trial of the cause, the petitioner shall exhibit to the court proof that taxes owed on the lands were either paid, settled, or released and, in the case of lands acquired from levee and drainage improvement districts: (A) All delinquent taxes that have been paid, settled, or released; (B) The deed or deeds under which he or she claims title, or the record thereof, or a certified copy or copies from the record; and (C) Oral or written proof by one (1) or more witnesses acquainted with the lands showing that no one is in possession claiming adverse to the petitioner.

(A) All delinquent taxes that have been paid, settled, or released;

(B) The deed or deeds under which he or she claims title, or the record thereof, or a certified copy or copies from the record; and

(C) Oral or written proof by one (1) or more witnesses acquainted with the lands showing that no one is in possession claiming adverse to the petitioner.

(2) The name of the witness or witnesses so sworn shall be preserved in the decree.

(b) A sheriff's or land commissioner's deed, given in the usual form, without witnesses, shall be taken and considered by the court as sufficient evidence of the authority under which the sale was made, the description of the land, and the price at which it was purchased.

Rev. Stat., ch. 149, §§ 4, 5; Acts 1893, No. 95, § 3, p. 165; C. & M. Dig., §§ 8386, 8387, 8390; Pope's Dig., §§ 10982, 10983, 10986; Acts 1951, No. 263, § 3; A.S.A. 1947, §§ 34-1921, 34-1922; Acts 2007, No. 1037, § 4.
Ark. Code Ann. § 18-48-503 — AR Code / Title 18 / Chapter 48 / Subchapter 5 / Section 18-48-503
Right to lien generally
Status: in_force

The owner of any plant in this state engaged in the drying, cleaning, milling, or processing of rice or any other similar farm products for another shall have an absolute lien on the farm product to secure the payment for the drying, cleaning, milling, or processing of the farm product and for its storage or handling. This lien shall be superior to all other prior liens. Acts 1949, No. 81, § 1; A.S.A. 1947, § 51-909.

The owner of any plant in this state engaged in the drying, cleaning, milling, or processing of rice or any other similar farm products for another shall have an absolute lien on the farm product to secure the payment for the drying, cleaning, milling, or processing of the farm product and for its storage or handling. This lien shall be superior to all other prior liens.

Acts 1949, No. 81, § 1; A.S.A. 1947, § 51-909.
Ark. Code Ann. § 18-1-101 — AR Code / Title 18 / Chapter 1 / Section 18-1-101
Lien holder form
Status: in_force

(a) (1) Any attachment, claim, encumbrance, financing statement, lien, mortgage, or security agreement filed of record against any real or personal property and any judgment filed of record against any person, firm, or corporation shall display the name, address, and telephone number of the claim holder, lien holder, or judgment creditor, together with the name and title of the person authorized to release the claim, lien, or judgment, or the person's successor. (2) If an attachment, a claim, an encumbrance, a financing statement, a lien, a mortgage, a security agreement, or a judgment is filed on or after August 13, 2001, and does not comply with subdivision (a)(1) of this section, notice of an action commenced under § 18-50-101 et seq. shall be given by publication as provided in § 18-50-105 . (b) Subdivision (a)(2) of this section shall not be applicable to: (1) Any claim holder, lien holder, or judgment creditor that is a financial institution insured by the Federal Deposit Insurance Corporation; or (2) Motor vehicle titles. (c) Clerks responsible for recording the documents enumerated in subsection (a) of this section shall ensure that the documents presented for filing display the information required by subsection (a) of this section. (d) The validity or priority of any attachment, claim, encumbrance, financing statement, lien, mortgage, or security agreement currently on file, or filed of record after August 13, 2001, shall not be affected by the failure of any person to comply with the requirements of this section. Acts 2001, No. 1125, § 1; 2007, No. 1411, § 1.

(a) (1) Any attachment, claim, encumbrance, financing statement, lien, mortgage, or security agreement filed of record against any real or personal property and any judgment filed of record against any person, firm, or corporation shall display the name, address, and telephone number of the claim holder, lien holder, or judgment creditor, together with the name and title of the person authorized to release the claim, lien, or judgment, or the person's successor. (2) If an attachment, a claim, an encumbrance, a financing statement, a lien, a mortgage, a security agreement, or a judgment is filed on or after August 13, 2001, and does not comply with subdivision (a)(1) of this section, notice of an action commenced under § 18-50-101 et seq. shall be given by publication as provided in § 18-50-105 .

(1) Any attachment, claim, encumbrance, financing statement, lien, mortgage, or security agreement filed of record against any real or personal property and any judgment filed of record against any person, firm, or corporation shall display the name, address, and telephone number of the claim holder, lien holder, or judgment creditor, together with the name and title of the person authorized to release the claim, lien, or judgment, or the person's successor.

(2) If an attachment, a claim, an encumbrance, a financing statement, a lien, a mortgage, a security agreement, or a judgment is filed on or after August 13, 2001, and does not comply with subdivision (a)(1) of this section, notice of an action commenced under § 18-50-101 et seq. shall be given by publication as provided in § 18-50-105 .

(b) Subdivision (a)(2) of this section shall not be applicable to: (1) Any claim holder, lien holder, or judgment creditor that is a financial institution insured by the Federal Deposit Insurance Corporation; or (2) Motor vehicle titles.

(1) Any claim holder, lien holder, or judgment creditor that is a financial institution insured by the Federal Deposit Insurance Corporation; or

(2) Motor vehicle titles.

(c) Clerks responsible for recording the documents enumerated in subsection (a) of this section shall ensure that the documents presented for filing display the information required by subsection (a) of this section.

(d) The validity or priority of any attachment, claim, encumbrance, financing statement, lien, mortgage, or security agreement currently on file, or filed of record after August 13, 2001, shall not be affected by the failure of any person to comply with the requirements of this section.

Acts 2001, No. 1125, § 1; 2007, No. 1411, § 1.
Ark. Code Ann. § 18-48-404 — AR Code / Title 18 / Chapter 48 / Subchapter 4 / Section 18-48-404
Sale for storage charges
Status: in_force

(a) Any person, firm, or corporation having a lien under the provisions of this subchapter and retaining possession of the motor vehicle by virtue of the lien thereon for storage charges shall have the right to sell it for the satisfaction of the debt for which the motor vehicle was held. (b) The sale may be made in the manner now provided for sale of other personal property under the provisions of §§ 18-45-204 and 18-45-205 . Acts 1951, No. 251, §§ 2, 3; A.S.A. 1947, §§ 51-914, 51-915.

(a) Any person, firm, or corporation having a lien under the provisions of this subchapter and retaining possession of the motor vehicle by virtue of the lien thereon for storage charges shall have the right to sell it for the satisfaction of the debt for which the motor vehicle was held.

(b) The sale may be made in the manner now provided for sale of other personal property under the provisions of §§ 18-45-204 and 18-45-205 .

Acts 1951, No. 251, §§ 2, 3; A.S.A. 1947, §§ 51-914, 51-915.
Ark. Code Ann. § 18-46-115 — AR Code / Title 18 / Chapter 46 / Section 18-46-115
Records of liens and releases
Status: in_force

(a) (1) At the expense of the county, the clerk of the circuit court in each county shall maintain a book record that is both designated and labeled "Medical, Nursing, Hospital, and Ambulance Service Provider Liens" and includes an index of properly labeled liens. (2) A clerk shall make a record in the book record of liens filed in the order in which they are filed, noting the names and addresses of patients of practitioners, nurses, hospitals, ambulance service providers, other persons on whose behalf a notice of lien has been filed, tortfeasors, and insurers. (3) If a clerk is authorized to electronically maintain records under § 13-4-301 , he or she may maintain an electronic file only of the book record required under this subsection. (b) (1) On the presentation of a release of a lien, the clerk of the circuit court of the county in which the lien is filed and recorded shall: (A) Note on the file and in the book record the date when the release was filed; and (B) Note on the release the fact that it has been so recorded. (2) A release so noted or recorded in the book record in the office of the clerk of the circuit court shall be prima facie evidence of the release of the lien. (c) The clerk of the circuit court shall collect the fee as prescribed in § 21-6-306 , § 21-6-402 , or § 21-6-403 , whichever is applicable, for the filing of the release of any lien and noting on the record and on the release the fact that the release has been so filed. Amended by Act 2021, No. 258,§ 3, eff. 7/28/2021. Acts 1933, No. 130, § 14; Pope's Dig., §§ 8002, 10831; A.S.A. 1947, § 51-814; Acts 1993, No. 271, § 13.

(a) (1) At the expense of the county, the clerk of the circuit court in each county shall maintain a book record that is both designated and labeled "Medical, Nursing, Hospital, and Ambulance Service Provider Liens" and includes an index of properly labeled liens. (2) A clerk shall make a record in the book record of liens filed in the order in which they are filed, noting the names and addresses of patients of practitioners, nurses, hospitals, ambulance service providers, other persons on whose behalf a notice of lien has been filed, tortfeasors, and insurers. (3) If a clerk is authorized to electronically maintain records under § 13-4-301 , he or she may maintain an electronic file only of the book record required under this subsection.

(1) At the expense of the county, the clerk of the circuit court in each county shall maintain a book record that is both designated and labeled "Medical, Nursing, Hospital, and Ambulance Service Provider Liens" and includes an index of properly labeled liens.

(2) A clerk shall make a record in the book record of liens filed in the order in which they are filed, noting the names and addresses of patients of practitioners, nurses, hospitals, ambulance service providers, other persons on whose behalf a notice of lien has been filed, tortfeasors, and insurers.

(3) If a clerk is authorized to electronically maintain records under § 13-4-301 , he or she may maintain an electronic file only of the book record required under this subsection.

(b) (1) On the presentation of a release of a lien, the clerk of the circuit court of the county in which the lien is filed and recorded shall: (A) Note on the file and in the book record the date when the release was filed; and (B) Note on the release the fact that it has been so recorded. (2) A release so noted or recorded in the book record in the office of the clerk of the circuit court shall be prima facie evidence of the release of the lien.

(1) On the presentation of a release of a lien, the clerk of the circuit court of the county in which the lien is filed and recorded shall: (A) Note on the file and in the book record the date when the release was filed; and (B) Note on the release the fact that it has been so recorded.

(A) Note on the file and in the book record the date when the release was filed; and

(B) Note on the release the fact that it has been so recorded.

(2) A release so noted or recorded in the book record in the office of the clerk of the circuit court shall be prima facie evidence of the release of the lien.

(c) The clerk of the circuit court shall collect the fee as prescribed in § 21-6-306 , § 21-6-402 , or § 21-6-403 , whichever is applicable, for the filing of the release of any lien and noting on the record and on the release the fact that the release has been so filed.

Amended by Act 2021, No. 258,§ 3, eff. 7/28/2021.

Acts 1933, No. 130, § 14; Pope's Dig., §§ 8002, 10831; A.S.A. 1947, § 51-814; Acts 1993, No. 271, § 13.
Ark. Code Ann. § 18-11-804 — AR Code / Title 18 / Chapter 11 / Subchapter 8 / Section 18-11-804
Interest in agricultural land owned by prohibited foreign parties - Exceptions - Penalty
Status: in_force

(a) A prohibited foreign party who is a resident alien of the United States shall have the right to acquire and hold agricultural land in the state upon the same terms as a citizen of the United States during the continuance of his or her residence in the State of Arkansas. (b) (1) If a prohibited foreign party is no longer a resident alien under subsection (a) of this section, he or she shall have two (2) years to divest of the agricultural land. (2) If the prohibited foreign party does not divest of the agricultural land as required by subdivision (b)(1) of this section, the Attorney General shall commence an action in circuit court within the jurisdiction of the agricultural land. (3) If the agricultural land is held in violation of this section, the circuit court shall order that the agricultural land be sold through judicial foreclosure. (c) (1) When the Office of Agricultural Intelligence determines a prohibited foreign party has acquired agricultural land in Arkansas in violation of this subchapter, the office shall report the violation to the Attorney General. (2) Upon receiving notice under subdivision (c)(1) of this section or upon receipt of information that leads the Attorney General to believe that a violation of this subchapter may exist, the Attorney General may issue subpoenas requiring the: (A) Appearance of witnesses; (B) Production of relevant records; and (C) Giving of relevant testimony. (3) If as a result of the investigation under subdivision (c)(2) of this section the Attorney General concludes that a violation of this subchapter has occurred, the Attorney General shall commence an action in circuit court within the jurisdiction of the agricultural land. (4) If the agricultural land is held in violation of this subchapter, the circuit court shall order that the agricultural land be sold through judicial foreclosure. (d) (1) The proceeds of the sale of agricultural land by judicial foreclosure authorized under this section shall be disbursed to lien holders, in the order of priority, except for liens which under the terms of the sale are to remain on the agricultural land. (2) The Attorney General shall promptly record a copy of the following in the local land records: (A) Upon commencement, notice of the pendency of an action brought under subdivisions (b)(2) and (c)(3) of this section; and (B) The order for the sale of the agricultural land under subdivisions (b)(3) and (c)(4) of this section. (e) A prohibited foreign party owning agricultural land subsequent to the passage of this subchapter and not listed under one (1) of the exceptions set out in subsections (a) and (b) of this section shall upon conviction be guilty of a felony punishable by not more than two (2) years' imprisonment in the custody of the Division of Correction or a fine of fifteen thousand dollars ($15,000), or both. (f) It is an affirmative defense to prosecution under this section that a prohibited foreign party is a resident alien of the State of Arkansas. (g) Title to agricultural land is not invalid or subject to divestiture due to a violation of this subchapter by: (1) Any former owner; or (2) Another person holding or owning a former interest in the agricultural land. (h) No person not subject to this subchapter shall be required to determine or inquire into whether another person is or may be subject to this subchapter. Added by Act 2023, No. 636,§ 3, eff. 8/1/2023.

(a) A prohibited foreign party who is a resident alien of the United States shall have the right to acquire and hold agricultural land in the state upon the same terms as a citizen of the United States during the continuance of his or her residence in the State of Arkansas.

(b) (1) If a prohibited foreign party is no longer a resident alien under subsection (a) of this section, he or she shall have two (2) years to divest of the agricultural land. (2) If the prohibited foreign party does not divest of the agricultural land as required by subdivision (b)(1) of this section, the Attorney General shall commence an action in circuit court within the jurisdiction of the agricultural land. (3) If the agricultural land is held in violation of this section, the circuit court shall order that the agricultural land be sold through judicial foreclosure.

(1) If a prohibited foreign party is no longer a resident alien under subsection (a) of this section, he or she shall have two (2) years to divest of the agricultural land.

(2) If the prohibited foreign party does not divest of the agricultural land as required by subdivision (b)(1) of this section, the Attorney General shall commence an action in circuit court within the jurisdiction of the agricultural land.

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

(c) (1) When the Office of Agricultural Intelligence determines a prohibited foreign party has acquired agricultural land in Arkansas in violation of this subchapter, the office shall report the violation to the Attorney General. (2) Upon receiving notice under subdivision (c)(1) of this section or upon receipt of information that leads the Attorney General to believe that a violation of this subchapter may exist, the Attorney General may issue subpoenas requiring the: (A) Appearance of witnesses; (B) Production of relevant records; and (C) Giving of relevant testimony. (3) If as a result of the investigation under subdivision (c)(2) of this section the Attorney General concludes that a violation of this subchapter has occurred, the Attorney General shall commence an action in circuit court within the jurisdiction of the agricultural land. (4) If the agricultural land is held in violation of this subchapter, the circuit court shall order that the agricultural land be sold through judicial foreclosure.

(1) When the Office of Agricultural Intelligence determines a prohibited foreign party has acquired agricultural land in Arkansas in violation of this subchapter, the office shall report the violation to the Attorney General.

(2) Upon receiving notice under subdivision (c)(1) of this section or upon receipt of information that leads the Attorney General to believe that a violation of this subchapter may exist, the Attorney General may issue subpoenas requiring the: (A) Appearance of witnesses; (B) Production of relevant records; and (C) Giving of relevant testimony.

(A) Appearance of witnesses;

(B) Production of relevant records; and

(C) Giving of relevant testimony.

(3) If as a result of the investigation under subdivision (c)(2) of this section the Attorney General concludes that a violation of this subchapter has occurred, the Attorney General shall commence an action in circuit court within the jurisdiction of the agricultural land.

(4) If the agricultural land is held in violation of this subchapter, the circuit court shall order that the agricultural land be sold through judicial foreclosure.

(d) (1) The proceeds of the sale of agricultural land by judicial foreclosure authorized under this section shall be disbursed to lien holders, in the order of priority, except for liens which under the terms of the sale are to remain on the agricultural land. (2) The Attorney General shall promptly record a copy of the following in the local land records: (A) Upon commencement, notice of the pendency of an action brought under subdivisions (b)(2) and (c)(3) of this section; and (B) The order for the sale of the agricultural land under subdivisions (b)(3) and (c)(4) of this section.

(1) The proceeds of the sale of agricultural land by judicial foreclosure authorized under this section shall be disbursed to lien holders, in the order of priority, except for liens which under the terms of the sale are to remain on the agricultural land.

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

(A) Upon commencement, notice of the pendency of an action brought under subdivisions (b)(2) and (c)(3) of this section; and

(B) The order for the sale of the agricultural land under subdivisions (b)(3) and (c)(4) of this section.

(e) A prohibited foreign party owning agricultural land subsequent to the passage of this subchapter and not listed under one (1) of the exceptions set out in subsections (a) and (b) of this section shall upon conviction be guilty of a felony punishable by not more than two (2) years' imprisonment in the custody of the Division of Correction or a fine of fifteen thousand dollars ($15,000), or both.

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

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

(1) Any former owner; or

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

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

Added by Act 2023, No. 636,§ 3, eff. 8/1/2023.
Ark. Code Ann. § 18-11-702 — AR Code / Title 18 / Chapter 11 / Subchapter 7 / Section 18-11-702
Definitions
Status: in_force

In this subchapter: (1) "Appurtenant easement" means an easement tied to or dependent on ownership or occupancy of a unit or a parcel of real property. (2) "Conservation easement" means a nonpossessory property interest created for one or more of the following conservation purposes: (A) retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological, ecological, or open-space values of real property; (B) ensuring the availability of real property for agricultural, forest, outdoor-recreational, or open-space uses; (C) protecting natural resources, including wetlands, grasslands, and riparian areas; (D) maintaining or enhancing air or water quality; or (E) preserving the historical, architectural, archeological, paleontological, or cultural aspects of real property. (3) "Dominant estate" means an estate or interest in real property benefitted by an appurtenant easement. (4) "Easement" means a nonpossessory property interest that: (A) provides a right to enter, use, or enjoy real property owned by or in the possession of another; and (B) imposes on the owner or possessor a duty not to interfere with the entry, use, or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use, or enjoyment authorized by law. (5) "Easement holder" means: (A) in the case of an appurtenant easement, the dominant estate owner; or (B) in the case of an easement in gross, public-utility easement, telecommunications easement, conservation easement, or negative easement, the grantee of the easement or a successor. (6) "Easement in gross" means an easement not tied to or dependent on ownership or occupancy of a unit or a parcel of real property. (7) "Lessee of record" means a person holding a lessee's interest under a recorded lease or memorandum of lease. (8) "Negative easement" means a nonpossessory property interest whose primary purpose is to impose on a servient estate owner a duty not to engage in a specified use of the estate. (9) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (10) "Public-utility easement" means a nonpossessory property interest in which the easement holder is a publicly regulated or publicly owned utility under federal law or law of this state or a municipality. The term includes an easement benefiting an intrastate utility, an interstate utility, utility cooperative, or a Class I, Class II, or Class III railroad. (11) "Real property" means an estate or interest in, over, or under land, including structures, fixtures, and other things that by custom, usage, or law pass with a conveyance of land whether or not described or mentioned in the contract of sale or instrument of conveyance. The term includes the interest of a lessor and lessee and, unless the interest is personal property under law of this state other than this subchapter, an interest in a common-interest community. (12) "Record", used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (13) "Security instrument" means a mortgage, deed of trust, security deed, contract for deed, lease, or other record that creates or provides for an interest in real property to secure payment or performance of an obligation, whether by acquisition or retention of a lien, a lessor's interest under a lease, or title to the real property. The term includes: (A) a security instrument that also creates or provides for a security interest in personal property; (B) a modification or amendment of a security instrument; and (C) a record creating a lien on real property to secure an obligation under a covenant running with the real property or owed by a unit owner to a common-interest community association. (14) "Security-interest holder of record" means a person holding an interest in real property created by a recorded security instrument. (15) "Servient estate" means an estate or interest in real property that is burdened by an easement. (16) "Telecommunications easement" means a nonpossessory property interest in which the easement holder is a telecommunications, cable, or broadband provider. (17) "Title evidence" means a title insurance policy, preliminary title report or binder, title insurance commitment, abstract of title, attorney's opinion of title based on examination of public records or an abstract of title, or any other means of reporting the state of title to real property which is customary in the locality. (18) "Unit" means a physical portion of a common-interest community designated for separate ownership or occupancy with boundaries described in a declaration establishing the common-interest community. (19) "Utility cooperative" means a non-profit entity whose purpose is to deliver a utility service, such as electricity, oil, natural gas, water, sanitary sewer, storm water, or telecommunications, to its customers or members and includes an electric cooperative, rural electric cooperative, rural water district, and rural water association. Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.

In this subchapter:

(1) "Appurtenant easement" means an easement tied to or dependent on ownership or occupancy of a unit or a parcel of real property.

(2) "Conservation easement" means a nonpossessory property interest created for one or more of the following conservation purposes: (A) retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological, ecological, or open-space values of real property; (B) ensuring the availability of real property for agricultural, forest, outdoor-recreational, or open-space uses; (C) protecting natural resources, including wetlands, grasslands, and riparian areas; (D) maintaining or enhancing air or water quality; or (E) preserving the historical, architectural, archeological, paleontological, or cultural aspects of real property.

(A) retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological, ecological, or open-space values of real property;

(B) ensuring the availability of real property for agricultural, forest, outdoor-recreational, or open-space uses;

(C) protecting natural resources, including wetlands, grasslands, and riparian areas;

(D) maintaining or enhancing air or water quality; or

(E) preserving the historical, architectural, archeological, paleontological, or cultural aspects of real property.

(3) "Dominant estate" means an estate or interest in real property benefitted by an appurtenant easement.

(4) "Easement" means a nonpossessory property interest that: (A) provides a right to enter, use, or enjoy real property owned by or in the possession of another; and (B) imposes on the owner or possessor a duty not to interfere with the entry, use, or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use, or enjoyment authorized by law.

(A) provides a right to enter, use, or enjoy real property owned by or in the possession of another; and

(B) imposes on the owner or possessor a duty not to interfere with the entry, use, or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use, or enjoyment authorized by law.

(5) "Easement holder" means: (A) in the case of an appurtenant easement, the dominant estate owner; or (B) in the case of an easement in gross, public-utility easement, telecommunications easement, conservation easement, or negative easement, the grantee of the easement or a successor.

(A) in the case of an appurtenant easement, the dominant estate owner; or

(B) in the case of an easement in gross, public-utility easement, telecommunications easement, conservation easement, or negative easement, the grantee of the easement or a successor.

(6) "Easement in gross" means an easement not tied to or dependent on ownership or occupancy of a unit or a parcel of real property.

(7) "Lessee of record" means a person holding a lessee's interest under a recorded lease or memorandum of lease.

(8) "Negative easement" means a nonpossessory property interest whose primary purpose is to impose on a servient estate owner a duty not to engage in a specified use of the estate.

(9) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(10) "Public-utility easement" means a nonpossessory property interest in which the easement holder is a publicly regulated or publicly owned utility under federal law or law of this state or a municipality. The term includes an easement benefiting an intrastate utility, an interstate utility, utility cooperative, or a Class I, Class II, or Class III railroad.

(11) "Real property" means an estate or interest in, over, or under land, including structures, fixtures, and other things that by custom, usage, or law pass with a conveyance of land whether or not described or mentioned in the contract of sale or instrument of conveyance. The term includes the interest of a lessor and lessee and, unless the interest is personal property under law of this state other than this subchapter, an interest in a common-interest community.

(12) "Record", used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(13) "Security instrument" means a mortgage, deed of trust, security deed, contract for deed, lease, or other record that creates or provides for an interest in real property to secure payment or performance of an obligation, whether by acquisition or retention of a lien, a lessor's interest under a lease, or title to the real property. The term includes: (A) a security instrument that also creates or provides for a security interest in personal property; (B) a modification or amendment of a security instrument; and (C) a record creating a lien on real property to secure an obligation under a covenant running with the real property or owed by a unit owner to a common-interest community association.

(A) a security instrument that also creates or provides for a security interest in personal property;

(B) a modification or amendment of a security instrument; and

(C) a record creating a lien on real property to secure an obligation under a covenant running with the real property or owed by a unit owner to a common-interest community association.

(14) "Security-interest holder of record" means a person holding an interest in real property created by a recorded security instrument.

(15) "Servient estate" means an estate or interest in real property that is burdened by an easement.

(16) "Telecommunications easement" means a nonpossessory property interest in which the easement holder is a telecommunications, cable, or broadband provider.

(17) "Title evidence" means a title insurance policy, preliminary title report or binder, title insurance commitment, abstract of title, attorney's opinion of title based on examination of public records or an abstract of title, or any other means of reporting the state of title to real property which is customary in the locality.

(18) "Unit" means a physical portion of a common-interest community designated for separate ownership or occupancy with boundaries described in a declaration establishing the common-interest community.

(19) "Utility cooperative" means a non-profit entity whose purpose is to deliver a utility service, such as electricity, oil, natural gas, water, sanitary sewer, storm water, or telecommunications, to its customers or members and includes an electric cooperative, rural electric cooperative, rural water district, and rural water association.

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 18-48-205 — AR Code / Title 18 / Chapter 48 / Subchapter 2 / Section 18-48-205
Priority of liens
Status: in_force

(a) (1) The lien provided in this subchapter shall be first and prior to that of any conditional sale contract, recorded or filed chattel mortgage, or other encumbrance that is executed after March 27, 1957, if the person feeding, herding, pasturing, keeping, or ranching the livestock complies with the provisions of § 18-48-203 and if the person also notifies the holder of the conditional sale contract, recorded or filed chattel mortgage, or other encumbrance about the existence of the written contract by the sheriff serving a written notice upon the lienholder, or by mailing a written notice to the lienholder by registered or certified mail, return receipt requested, that this person has entered into a written contract with the owners of the livestock to feed, herd, pasture, keep, or ranch them. (2) This written notice shall advise the lienholder briefly of the substance of the written contract and that a lien is claimed under this subchapter. (b) (1) The conditional sale vendor, mortgagee, or other lienholder of the livestock, if his or her lien is prior in time to that of the lien claimed under this section, may retain priority, either by having the sheriff serve a written protest upon the person claiming the lien under this subchapter, by mailing to the person a written protest by registered or certified mail, return receipt requested, or by filing the written protest in the office of the circuit clerk of the county where it is proposed that the livestock will be fed, herded, pastured, kept, or ranched. (2) This written protest must be delivered to the person, mailed to the person, or filed in the clerk's office within a period of fifteen (15) days from the date that the lienholder received notice of the existence of the contract. Otherwise, the lien provided for in this subchapter shall have full and complete priority over the lien claimed by the holder of the conditional sale contract, recorded or filed chattel mortgage, or other encumbrance. (c) The circuit clerk shall be entitled to fifty cents (50¢) for filing this written protest, and it shall be a legal debt of the person claiming the lien under this section even though the fifty cents (50¢) is paid in the first instance by the conditional sale vendor, mortgagee, or other holder of encumbrance. (d) The holder of the conditional sale contract, chattel mortgage, or other encumbrance will not be bound by any extensions of time as provided for in the original contract, or for any other modifications of the contract, unless the lienholder consents in writing to it. Acts 1957, No. 311, § 11; A.S.A. 1947, § 51-927.

(a) (1) The lien provided in this subchapter shall be first and prior to that of any conditional sale contract, recorded or filed chattel mortgage, or other encumbrance that is executed after March 27, 1957, if the person feeding, herding, pasturing, keeping, or ranching the livestock complies with the provisions of § 18-48-203 and if the person also notifies the holder of the conditional sale contract, recorded or filed chattel mortgage, or other encumbrance about the existence of the written contract by the sheriff serving a written notice upon the lienholder, or by mailing a written notice to the lienholder by registered or certified mail, return receipt requested, that this person has entered into a written contract with the owners of the livestock to feed, herd, pasture, keep, or ranch them. (2) This written notice shall advise the lienholder briefly of the substance of the written contract and that a lien is claimed under this subchapter.

(1) The lien provided in this subchapter shall be first and prior to that of any conditional sale contract, recorded or filed chattel mortgage, or other encumbrance that is executed after March 27, 1957, if the person feeding, herding, pasturing, keeping, or ranching the livestock complies with the provisions of § 18-48-203 and if the person also notifies the holder of the conditional sale contract, recorded or filed chattel mortgage, or other encumbrance about the existence of the written contract by the sheriff serving a written notice upon the lienholder, or by mailing a written notice to the lienholder by registered or certified mail, return receipt requested, that this person has entered into a written contract with the owners of the livestock to feed, herd, pasture, keep, or ranch them.

(2) This written notice shall advise the lienholder briefly of the substance of the written contract and that a lien is claimed under this subchapter.

(b) (1) The conditional sale vendor, mortgagee, or other lienholder of the livestock, if his or her lien is prior in time to that of the lien claimed under this section, may retain priority, either by having the sheriff serve a written protest upon the person claiming the lien under this subchapter, by mailing to the person a written protest by registered or certified mail, return receipt requested, or by filing the written protest in the office of the circuit clerk of the county where it is proposed that the livestock will be fed, herded, pastured, kept, or ranched. (2) This written protest must be delivered to the person, mailed to the person, or filed in the clerk's office within a period of fifteen (15) days from the date that the lienholder received notice of the existence of the contract. Otherwise, the lien provided for in this subchapter shall have full and complete priority over the lien claimed by the holder of the conditional sale contract, recorded or filed chattel mortgage, or other encumbrance.

(1) The conditional sale vendor, mortgagee, or other lienholder of the livestock, if his or her lien is prior in time to that of the lien claimed under this section, may retain priority, either by having the sheriff serve a written protest upon the person claiming the lien under this subchapter, by mailing to the person a written protest by registered or certified mail, return receipt requested, or by filing the written protest in the office of the circuit clerk of the county where it is proposed that the livestock will be fed, herded, pastured, kept, or ranched.

(2) This written protest must be delivered to the person, mailed to the person, or filed in the clerk's office within a period of fifteen (15) days from the date that the lienholder received notice of the existence of the contract. Otherwise, the lien provided for in this subchapter shall have full and complete priority over the lien claimed by the holder of the conditional sale contract, recorded or filed chattel mortgage, or other encumbrance.

(c) The circuit clerk shall be entitled to fifty cents (50¢) for filing this written protest, and it shall be a legal debt of the person claiming the lien under this section even though the fifty cents (50¢) is paid in the first instance by the conditional sale vendor, mortgagee, or other holder of encumbrance.

(d) The holder of the conditional sale contract, chattel mortgage, or other encumbrance will not be bound by any extensions of time as provided for in the original contract, or for any other modifications of the contract, unless the lienholder consents in writing to it.

Acts 1957, No. 311, § 11; A.S.A. 1947, § 51-927.
Ark. Code Ann. § 18-44-503 — AR Code / Title 18 / Chapter 44 / Subchapter 5 / Section 18-44-503
Public buildings and improvements - Definition
Status: in_force

(a) A public construction contract in a sum exceeding fifty thousand dollars ($50,000) shall not be entered into by the State of Arkansas or any subdivision of the state, by any county, municipality, school district, or other local taxing unit, or by any agency of the state, a subdivision of the state, a county, a municipality, a school district, or any other local taxing unit, unless the contractor furnishes to the party letting the contract a payment bond in a sum equal to the amount of the public construction contract. (b) A payment bond required under subsection (a) of this section shall cover all claims for labor and materials necessary or used for the public construction contract, including without limitation a claim for the: (1) Wages of construction workers under the public construction contract; (2) Wages or salaries of supervisory and administrative personnel under the public construction contract; (3) Use of temporary facilities; (4) Purchase or rental of any machinery, equipment, or hand tools not customarily owned by construction workers; (5) Purchase of building permits; (6) Payment of construction testing fees; (7) Purchase of fuel oil and gasoline; (8) Payment of premiums for bonds and liability and workers' compensation insurance; (9) Taxes or payments due to the state or any political subdivision of the state arising from the wages earned by construction workers under the public construction contract or in connection with the public construction contract; and (10) Wages earned by workers on the public construction contract covered by the payment bond. Amended by Act 2021, No. 986,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 658,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6078, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 8, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 8, eff. 7/1/2015. Acts 1953, No. 351, § 1; 1957, No. 209, § 1; 1969, No. 468, § 1; 1979, No. 539, § 1; A.S.A. 1947, § 51-632; Acts 1987, No. 757, § 1; 2001, No. 961, § 2.

(a) A public construction contract in a sum exceeding fifty thousand dollars ($50,000) shall not be entered into by the State of Arkansas or any subdivision of the state, by any county, municipality, school district, or other local taxing unit, or by any agency of the state, a subdivision of the state, a county, a municipality, a school district, or any other local taxing unit, unless the contractor furnishes to the party letting the contract a payment bond in a sum equal to the amount of the public construction contract.

(b) A payment bond required under subsection (a) of this section shall cover all claims for labor and materials necessary or used for the public construction contract, including without limitation a claim for the: (1) Wages of construction workers under the public construction contract; (2) Wages or salaries of supervisory and administrative personnel under the public construction contract; (3) Use of temporary facilities; (4) Purchase or rental of any machinery, equipment, or hand tools not customarily owned by construction workers; (5) Purchase of building permits; (6) Payment of construction testing fees; (7) Purchase of fuel oil and gasoline; (8) Payment of premiums for bonds and liability and workers' compensation insurance; (9) Taxes or payments due to the state or any political subdivision of the state arising from the wages earned by construction workers under the public construction contract or in connection with the public construction contract; and (10) Wages earned by workers on the public construction contract covered by the payment bond.

(1) Wages of construction workers under the public construction contract;

(2) Wages or salaries of supervisory and administrative personnel under the public construction contract;

(3) Use of temporary facilities;

(4) Purchase or rental of any machinery, equipment, or hand tools not customarily owned by construction workers;

(5) Purchase of building permits;

(6) Payment of construction testing fees;

(7) Purchase of fuel oil and gasoline;

(8) Payment of premiums for bonds and liability and workers' compensation insurance;

(9) Taxes or payments due to the state or any political subdivision of the state arising from the wages earned by construction workers under the public construction contract or in connection with the public construction contract; and

(10) Wages earned by workers on the public construction contract covered by the payment bond.

Amended by Act 2021, No. 986,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 658,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6078, eff. 7/1/2019.

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

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

Acts 1953, No. 351, § 1; 1957, No. 209, § 1; 1969, No. 468, § 1; 1979, No. 539, § 1; A.S.A. 1947, § 51-632; Acts 1987, No. 757, § 1; 2001, No. 961, § 2.
Ark. Code Ann. § 18-13-104 — AR Code / Title 18 / Chapter 13 / Section 18-13-104
Master deed
Status: in_force

(a) The master deed creating and establishing the horizontal property regime shall be executed by the owner or owners of the real property making up the regime and shall be recorded in the office of the clerk and ex officio recorder of the county where the property is located. (b) The master deed shall express the following particulars: (1) The description of the land and the building, expressing their respective areas; (2) The general description and number of each apartment, expressing its area, location, and any other data necessary for its identification; (3) The description of the general common elements of the building and, in proper cases, of the limited common elements restricted to a given number of apartments, expressing which are those apartments; and (4) The value of the property and of each apartment and, according to these basic values, the percentage appertaining to the co-owners in the expenses of, and rights in, the elements held in common. Acts 1961 (1st Ex. Sess.), No. 60, § 9; A.S.A. 1947, § 50-1009.

(a) The master deed creating and establishing the horizontal property regime shall be executed by the owner or owners of the real property making up the regime and shall be recorded in the office of the clerk and ex officio recorder of the county where the property is located.

(b) The master deed shall express the following particulars: (1) The description of the land and the building, expressing their respective areas; (2) The general description and number of each apartment, expressing its area, location, and any other data necessary for its identification; (3) The description of the general common elements of the building and, in proper cases, of the limited common elements restricted to a given number of apartments, expressing which are those apartments; and (4) The value of the property and of each apartment and, according to these basic values, the percentage appertaining to the co-owners in the expenses of, and rights in, the elements held in common.

(1) The description of the land and the building, expressing their respective areas;

(2) The general description and number of each apartment, expressing its area, location, and any other data necessary for its identification;

(3) The description of the general common elements of the building and, in proper cases, of the limited common elements restricted to a given number of apartments, expressing which are those apartments; and

(4) The value of the property and of each apartment and, according to these basic values, the percentage appertaining to the co-owners in the expenses of, and rights in, the elements held in common.

Acts 1961 (1st Ex. Sess.), No. 60, § 9; A.S.A. 1947, § 50-1009.
Ark. Code Ann. § 18-14-307 — AR Code / Title 18 / Chapter 14 / Subchapter 3 / Section 18-14-307
Partition of accommodations
Status: in_force

An action for partition of an accommodation shall not be maintained unless permitted by the time-share instrument. Amended by Act 2013, No. 710,§ 3, eff. 8/16/2013. Acts 1983, No. 294, Art. 2, § 2-107; A.S.A. 1947, § 50-1314.

An action for partition of an accommodation shall not be maintained unless permitted by the time-share instrument.

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

Acts 1983, No. 294, Art. 2, § 2-107; A.S.A. 1947, § 50-1314.
Ark. Code Ann. § 18-48-501 — AR Code / Title 18 / Chapter 48 / Subchapter 5 / Section 18-48-501
Definitions
Status: in_force

As used in this section and §§ 18-48-502 - 18-48-504 "owner" and "operator" mean corporations, partnerships, or individuals engaged in the business of elevators, drying, cleaning, milling, or processing rice or other similar farm products. Acts 1949, No. 81, § 4; A.S.A. 1947, § 51-912.

As used in this section and §§ 18-48-502 - 18-48-504 "owner" and "operator" mean corporations, partnerships, or individuals engaged in the business of elevators, drying, cleaning, milling, or processing rice or other similar farm products.

Acts 1949, No. 81, § 4; A.S.A. 1947, § 51-912.
Ark. Code Ann. § 18-28-213 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-213
Deposit of funds. - Definition
Status: in_force

(a) (1) The funds received under this subchapter, including the proceeds from the sale of abandoned property, shall be deposited by the administrator into a special trust fund to be known as the "Unclaimed Property Proceeds Trust Fund", from which he or she shall make prompt payment of claims allowed by him or her as provided under this subchapter. (2) 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. (3) (A) Before making the deposit, the administrator shall record: (i) The name and last known address of each person appearing from the holder's reports to be entitled to the abandoned property; (ii) The name and last known address of each insured or annuitant; and (iii) The policy or contract number, the name of the life insurance corporation, and the amount due under each policy or contract listed in the report of a life insurance corporation. (B) The record shall be available for public inspection at all reasonable business hours. (b) At the end of each fiscal year, the administrator shall withdraw from the Unclaimed Property Proceeds Trust Fund an amount necessary to reimburse the State Central Services Fund, or its successor fund or fund account, for moneys expended for personal services and operating expenses of administering and enforcing this subchapter. (c) (1) (A) (i) At least one (1) time each fiscal year, the administrator shall transfer to the treasurer of the reporting county all funds collected from that county that have not been claimed and that have been held for a full three (3) years. (ii) The funds received by the treasurer shall be deposited into the general fund of the reporting county. (iii) The reporting county may use the funds for any purpose for which it may use general revenues. (B) (i) After the administrator returns funds to the county, the state is released from its indemnity of the county under § 18-28-210(b) and (f) . (ii) The county receiving the funds shall maintain an accounting of the funds in perpetuity, unless payment upon a valid claim is made. (iii) If the rightful owner or the owner's heirs or assigns ever appear and petition the county for the return of the funds after providing proof of ownership, the county shall pay the funds to the rightful owner from the general fund of the county. (iv) For purposes of this section, "proof of ownership" means a finding by a court of competent jurisdiction that the person petitioning the county is, in fact, the rightful owner, heir, or assignee. (2) At least one (1) time each fiscal year, the administrator shall transfer to the general revenues of the state eighteen million dollars ($18,000,000) from the remaining funds that have been collected and held for a full three (3) years, less the amount transferred to the State Central Services Fund, or its successor fund or fund account, as required by this subchapter. (d) Each bank depository of unclaimed property funds shall secure the funds to the extent of the amount of the balance of the funds any time on hand and in such manner as the administrator shall require. Amended by Act 2021, No. 86,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 325,§ 1, eff. 3/6/2019. Acts 1999, No. 850, § 13; 2001, No. 1261, § 2; 2003, No. 1033, § 1; 2011, No. 616, § 1.

(a) (1) The funds received under this subchapter, including the proceeds from the sale of abandoned property, shall be deposited by the administrator into a special trust fund to be known as the "Unclaimed Property Proceeds Trust Fund", from which he or she shall make prompt payment of claims allowed by him or her as provided under this subchapter. (2) 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. (3) (A) Before making the deposit, the administrator shall record: (i) The name and last known address of each person appearing from the holder's reports to be entitled to the abandoned property; (ii) The name and last known address of each insured or annuitant; and (iii) The policy or contract number, the name of the life insurance corporation, and the amount due under each policy or contract listed in the report of a life insurance corporation. (B) The record shall be available for public inspection at all reasonable business hours.

(1) The funds received under this subchapter, including the proceeds from the sale of abandoned property, shall be deposited by the administrator into a special trust fund to be known as the "Unclaimed Property Proceeds Trust Fund", from which he or she shall make prompt payment of claims allowed by him or her as provided under this subchapter.

(2) 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.

(3) (A) Before making the deposit, the administrator shall record: (i) The name and last known address of each person appearing from the holder's reports to be entitled to the abandoned property; (ii) The name and last known address of each insured or annuitant; and (iii) The policy or contract number, the name of the life insurance corporation, and the amount due under each policy or contract listed in the report of a life insurance corporation. (B) The record shall be available for public inspection at all reasonable business hours.

(A) Before making the deposit, the administrator shall record: (i) The name and last known address of each person appearing from the holder's reports to be entitled to the abandoned property; (ii) The name and last known address of each insured or annuitant; and (iii) The policy or contract number, the name of the life insurance corporation, and the amount due under each policy or contract listed in the report of a life insurance corporation.

(i) The name and last known address of each person appearing from the holder's reports to be entitled to the abandoned property;

(ii) The name and last known address of each insured or annuitant; and

(iii) The policy or contract number, the name of the life insurance corporation, and the amount due under each policy or contract listed in the report of a life insurance corporation.

(B) The record shall be available for public inspection at all reasonable business hours.

(b) At the end of each fiscal year, the administrator shall withdraw from the Unclaimed Property Proceeds Trust Fund an amount necessary to reimburse the State Central Services Fund, or its successor fund or fund account, for moneys expended for personal services and operating expenses of administering and enforcing this subchapter.

(c) (1) (A) (i) At least one (1) time each fiscal year, the administrator shall transfer to the treasurer of the reporting county all funds collected from that county that have not been claimed and that have been held for a full three (3) years. (ii) The funds received by the treasurer shall be deposited into the general fund of the reporting county. (iii) The reporting county may use the funds for any purpose for which it may use general revenues. (B) (i) After the administrator returns funds to the county, the state is released from its indemnity of the county under § 18-28-210(b) and (f) . (ii) The county receiving the funds shall maintain an accounting of the funds in perpetuity, unless payment upon a valid claim is made. (iii) If the rightful owner or the owner's heirs or assigns ever appear and petition the county for the return of the funds after providing proof of ownership, the county shall pay the funds to the rightful owner from the general fund of the county. (iv) For purposes of this section, "proof of ownership" means a finding by a court of competent jurisdiction that the person petitioning the county is, in fact, the rightful owner, heir, or assignee. (2) At least one (1) time each fiscal year, the administrator shall transfer to the general revenues of the state eighteen million dollars ($18,000,000) from the remaining funds that have been collected and held for a full three (3) years, less the amount transferred to the State Central Services Fund, or its successor fund or fund account, as required by this subchapter.

(1) (A) (i) At least one (1) time each fiscal year, the administrator shall transfer to the treasurer of the reporting county all funds collected from that county that have not been claimed and that have been held for a full three (3) years. (ii) The funds received by the treasurer shall be deposited into the general fund of the reporting county. (iii) The reporting county may use the funds for any purpose for which it may use general revenues. (B) (i) After the administrator returns funds to the county, the state is released from its indemnity of the county under § 18-28-210(b) and (f) . (ii) The county receiving the funds shall maintain an accounting of the funds in perpetuity, unless payment upon a valid claim is made. (iii) If the rightful owner or the owner's heirs or assigns ever appear and petition the county for the return of the funds after providing proof of ownership, the county shall pay the funds to the rightful owner from the general fund of the county. (iv) For purposes of this section, "proof of ownership" means a finding by a court of competent jurisdiction that the person petitioning the county is, in fact, the rightful owner, heir, or assignee.

(A) (i) At least one (1) time each fiscal year, the administrator shall transfer to the treasurer of the reporting county all funds collected from that county that have not been claimed and that have been held for a full three (3) years. (ii) The funds received by the treasurer shall be deposited into the general fund of the reporting county. (iii) The reporting county may use the funds for any purpose for which it may use general revenues.

(i) At least one (1) time each fiscal year, the administrator shall transfer to the treasurer of the reporting county all funds collected from that county that have not been claimed and that have been held for a full three (3) years.

(ii) The funds received by the treasurer shall be deposited into the general fund of the reporting county.

(iii) The reporting county may use the funds for any purpose for which it may use general revenues.

(B) (i) After the administrator returns funds to the county, the state is released from its indemnity of the county under § 18-28-210(b) and (f) . (ii) The county receiving the funds shall maintain an accounting of the funds in perpetuity, unless payment upon a valid claim is made. (iii) If the rightful owner or the owner's heirs or assigns ever appear and petition the county for the return of the funds after providing proof of ownership, the county shall pay the funds to the rightful owner from the general fund of the county. (iv) For purposes of this section, "proof of ownership" means a finding by a court of competent jurisdiction that the person petitioning the county is, in fact, the rightful owner, heir, or assignee.

(i) After the administrator returns funds to the county, the state is released from its indemnity of the county under § 18-28-210(b) and (f) .

(ii) The county receiving the funds shall maintain an accounting of the funds in perpetuity, unless payment upon a valid claim is made.

(iii) If the rightful owner or the owner's heirs or assigns ever appear and petition the county for the return of the funds after providing proof of ownership, the county shall pay the funds to the rightful owner from the general fund of the county.

(iv) For purposes of this section, "proof of ownership" means a finding by a court of competent jurisdiction that the person petitioning the county is, in fact, the rightful owner, heir, or assignee.

(2) At least one (1) time each fiscal year, the administrator shall transfer to the general revenues of the state eighteen million dollars ($18,000,000) from the remaining funds that have been collected and held for a full three (3) years, less the amount transferred to the State Central Services Fund, or its successor fund or fund account, as required by this subchapter.

(d) Each bank depository of unclaimed property funds shall secure the funds to the extent of the amount of the balance of the funds any time on hand and in such manner as the administrator shall require.

Amended by Act 2021, No. 86,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 325,§ 1, eff. 3/6/2019.

Acts 1999, No. 850, § 13; 2001, No. 1261, § 2; 2003, No. 1033, § 1; 2011, No. 616, § 1.
Ark. Code Ann. § 18-15-404 — AR Code / Title 18 / Chapter 15 / Subchapter 4 / Section 18-15-404
Assessment and payment of damages
Status: in_force

(a) At the trial of the cause, a jury shall assess the amount of damages the applicant shall pay for the property taken in the proceedings. (b) Thereafter, a judgment shall be entered stating that title to the property shall vest in the applicant upon payment to the clerk of the court of the amount of damages so assessed. (c) (1) If there is only one (1) defendant, the clerk of the court shall pay the proceeds of the judgment to the defendant upon demand. (2) If there is more than one (1) defendant, the lower court shall retain jurisdiction of the matter solely for the purpose of making a division of the proceeds and shall determine the division sitting without a jury and without further notice to any defendant. (3) The court shall then enter an order making a division of the proceeds and shall direct the clerk of the court to make payment to the various defendants in the amounts which shall be specified in the order. The payment shall be made by the clerk to each defendant upon his or her demand. (4) The applicant shall not be a party to proceedings for the division of the damages. Acts 1957, No. 269, § 5; A.S.A. 1947, § 35-911.

(a) At the trial of the cause, a jury shall assess the amount of damages the applicant shall pay for the property taken in the proceedings.

(b) Thereafter, a judgment shall be entered stating that title to the property shall vest in the applicant upon payment to the clerk of the court of the amount of damages so assessed.

(c) (1) If there is only one (1) defendant, the clerk of the court shall pay the proceeds of the judgment to the defendant upon demand. (2) If there is more than one (1) defendant, the lower court shall retain jurisdiction of the matter solely for the purpose of making a division of the proceeds and shall determine the division sitting without a jury and without further notice to any defendant. (3) The court shall then enter an order making a division of the proceeds and shall direct the clerk of the court to make payment to the various defendants in the amounts which shall be specified in the order. The payment shall be made by the clerk to each defendant upon his or her demand. (4) The applicant shall not be a party to proceedings for the division of the damages.

(1) If there is only one (1) defendant, the clerk of the court shall pay the proceeds of the judgment to the defendant upon demand.

(2) If there is more than one (1) defendant, the lower court shall retain jurisdiction of the matter solely for the purpose of making a division of the proceeds and shall determine the division sitting without a jury and without further notice to any defendant.

(3) The court shall then enter an order making a division of the proceeds and shall direct the clerk of the court to make payment to the various defendants in the amounts which shall be specified in the order. The payment shall be made by the clerk to each defendant upon his or her demand.

(4) The applicant shall not be a party to proceedings for the division of the damages.

Acts 1957, No. 269, § 5; A.S.A. 1947, § 35-911.
Ark. Code Ann. § 18-60-311 — AR Code / Title 18 / Chapter 60 / Subchapter 3 / Section 18-60-311
Judgment for defendant
Status: in_force

(a) In all cases of forcible entry and detainer and unlawful detainer, when the defendant disputes the plaintiff's right of possession, it shall be lawful for the defendant to introduce before the court or the jury trying the main issue in the action evidence showing the damage he or she may have sustained in being dispossessed of the lands and premises mentioned in the complaint. (b) The jury, if they find for the defendant, shall at the same time find what damage the defendant has sustained by being dispossessed, if he or she has been so dispossessed, under the provisions of this subchapter, for all of which the court shall render judgment restoring the property to the defendant, as provided for in this subchapter, and shall render judgment against the plaintiff and any surety on any bond posted by the plaintiff for damages as found by the jury, as well as the costs of the suit. Acts 1981, No. 615, § 10; A.S.A. 1947, § 34-1510.

(a) In all cases of forcible entry and detainer and unlawful detainer, when the defendant disputes the plaintiff's right of possession, it shall be lawful for the defendant to introduce before the court or the jury trying the main issue in the action evidence showing the damage he or she may have sustained in being dispossessed of the lands and premises mentioned in the complaint.

(b) The jury, if they find for the defendant, shall at the same time find what damage the defendant has sustained by being dispossessed, if he or she has been so dispossessed, under the provisions of this subchapter, for all of which the court shall render judgment restoring the property to the defendant, as provided for in this subchapter, and shall render judgment against the plaintiff and any surety on any bond posted by the plaintiff for damages as found by the jury, as well as the costs of the suit.

Acts 1981, No. 615, § 10; A.S.A. 1947, § 34-1510.
Ark. Code Ann. § 18-28-218 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-218
Destruction or disposition of property having no substantial commercial value - Immunity from liability
Status: in_force

If the administrator determines after investigation that property delivered under this subchapter has no substantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. An action or proceeding may not be maintained against the state or any officer or against the holder for or on account of an act of the administrator under this section, except for intentional misconduct or malfeasance. Acts 1999, No. 850, § 18.

If the administrator determines after investigation that property delivered under this subchapter has no substantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. An action or proceeding may not be maintained against the state or any officer or against the holder for or on account of an act of the administrator under this section, except for intentional misconduct or malfeasance.

Acts 1999, No. 850, § 18.
Ark. Code Ann. § 18-16-304 — AR Code / Title 18 / Chapter 16 / Subchapter 3 / Section 18-16-304
Maximum amount
Status: in_force

A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two (2) months periodic rent. Acts 1979, No. 531, § 2; A.S.A. 1947, § 50-526.

A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two (2) months periodic rent.

Acts 1979, No. 531, § 2; A.S.A. 1947, § 50-526.
Ark. Code Ann. § 18-60-1009 — AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1009
Considerations for partition in kind
Status: in_force

(a) In determining under § 18-60-1008(a) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (1) whether the heirs property practicably can be divided among the cotenants; (2) whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur; (3) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other; (4) a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant; (5) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property; (6) the degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and (7) any other relevant factor. (b) The court may not consider any one factor in subsection (a) to be dispositive without weighing the totality of all relevant factors and circumstances. Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

(a) In determining under § 18-60-1008(a) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (1) whether the heirs property practicably can be divided among the cotenants; (2) whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur; (3) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other; (4) a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant; (5) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property; (6) the degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and (7) any other relevant factor.

(1) whether the heirs property practicably can be divided among the cotenants;

(2) whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;

(3) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;

(4) a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;

(5) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;

(6) the degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and

(7) any other relevant factor.

(b) The court may not consider any one factor in subsection (a) to be dispositive without weighing the totality of all relevant factors and circumstances.

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 18-44-206 — AR Code / Title 18 / Chapter 44 / Subchapter 2 / Section 18-44-206
Priority generally
Status: in_force

(a) (1) The lien given in this section and §§ 18-44-201 - 18-44-205 and 18-44-207 - 18-44-210 against the land or leasehold interest in the land, on the oil pipeline or gas pipeline, including the right-of-way, on any lease for oil and gas purposes, including the buildings and appurtenances on the land, on the materials and supplies so furnished, on the oil well, gas well, water well, oil or gas pipeline, mine, or quarry for which the materials were furnished or labor performed, and on all other oil wells, gas wells, and water wells on the lands shall be prior and paramount to, and in preference of, any and all subsequent liens, encumbrances, and mortgages. (2) Except as provided in this subchapter, all liens established in this subchapter shall be of equal dignity. (b) (1) The lien provided for in this section and §§ 18-44-201 - 18-44-205 and 18-44-207 - 18-44-210 shall attach to the machinery, material, supplies, and to any specific improvements made in preference to any prior lien, encumbrance, or mortgage upon the land or leasehold interest upon which the machinery, material, supplies, or specific improvements are placed or located. (2) However, any lien, encumbrance, or mortgage upon the land, or any leasehold interest, existing at the time of the inception of the lien provided for in these sections shall not be affected by the new lien, and such holders of liens upon the land or leasehold interest shall not be necessary parties in suits to foreclose the lien created. Acts 1923, No. 615, § 4; Pope's Dig., § 8908; A.S.A. 1947, § 51-704.

(a) (1) The lien given in this section and §§ 18-44-201 - 18-44-205 and 18-44-207 - 18-44-210 against the land or leasehold interest in the land, on the oil pipeline or gas pipeline, including the right-of-way, on any lease for oil and gas purposes, including the buildings and appurtenances on the land, on the materials and supplies so furnished, on the oil well, gas well, water well, oil or gas pipeline, mine, or quarry for which the materials were furnished or labor performed, and on all other oil wells, gas wells, and water wells on the lands shall be prior and paramount to, and in preference of, any and all subsequent liens, encumbrances, and mortgages. (2) Except as provided in this subchapter, all liens established in this subchapter shall be of equal dignity.

(1) The lien given in this section and §§ 18-44-201 - 18-44-205 and 18-44-207 - 18-44-210 against the land or leasehold interest in the land, on the oil pipeline or gas pipeline, including the right-of-way, on any lease for oil and gas purposes, including the buildings and appurtenances on the land, on the materials and supplies so furnished, on the oil well, gas well, water well, oil or gas pipeline, mine, or quarry for which the materials were furnished or labor performed, and on all other oil wells, gas wells, and water wells on the lands shall be prior and paramount to, and in preference of, any and all subsequent liens, encumbrances, and mortgages.

(2) Except as provided in this subchapter, all liens established in this subchapter shall be of equal dignity.

(b) (1) The lien provided for in this section and §§ 18-44-201 - 18-44-205 and 18-44-207 - 18-44-210 shall attach to the machinery, material, supplies, and to any specific improvements made in preference to any prior lien, encumbrance, or mortgage upon the land or leasehold interest upon which the machinery, material, supplies, or specific improvements are placed or located. (2) However, any lien, encumbrance, or mortgage upon the land, or any leasehold interest, existing at the time of the inception of the lien provided for in these sections shall not be affected by the new lien, and such holders of liens upon the land or leasehold interest shall not be necessary parties in suits to foreclose the lien created.

(1) The lien provided for in this section and §§ 18-44-201 - 18-44-205 and 18-44-207 - 18-44-210 shall attach to the machinery, material, supplies, and to any specific improvements made in preference to any prior lien, encumbrance, or mortgage upon the land or leasehold interest upon which the machinery, material, supplies, or specific improvements are placed or located.

(2) However, any lien, encumbrance, or mortgage upon the land, or any leasehold interest, existing at the time of the inception of the lien provided for in these sections shall not be affected by the new lien, and such holders of liens upon the land or leasehold interest shall not be necessary parties in suits to foreclose the lien created.

Acts 1923, No. 615, § 4; Pope's Dig., § 8908; A.S.A. 1947, § 51-704.
Ark. Code Ann. § 18-44-302 — AR Code / Title 18 / Chapter 44 / Subchapter 3 / Section 18-44-302
Right to lien - Extent
Status: in_force

(a) Any person, corporation, firm, association, or partnership, designated as a trucking contractor or teaming contractor and engaged in the hauling of oil field equipment used in, or about, the drilling of oil and gas wells or the operation of oil or gas leases in the production of oil or gas therefrom, who under contract, express or implied, made with the owner or lessee of any land, 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, furnishes trucks, teams, tractors, draglines, and any other equipment and labor for the hauling of 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, 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, or used for the clearing of land for location of wells, rights-of-way, or digging of earthen pits upon the land shall have a lien on: (1) The whole of the land or leasehold interest in the land, the oil pipeline or gas pipeline, including the pipeline right-of-way, the buildings and appurtenances located thereon, and the materials and supplies so hauled by trucks or teams furnished; (2) All other materials and supplies located upon the land or leasehold interest, whether hauled by the trucks, teams, tractors, draglines, or other equipment, or not and the oil well, gas well, water well, or oil or gas pipeline for which they are hauled; and (3) All the other oil wells, gas wells, buildings, and appurtenances including pipelines, leasehold interests, and land used in operating for oil or gas under a leasehold interest. (b) (1) Also included in the lien are the pipelines and the pipeline right-of-way for which the materials, equipment, and supplies were hauled by the trucks, teams, tractors, draglines, or other equipment and all other materials, supplies, or equipment placed upon the land or leasehold interest, whether they are movable or not. (2) If the hauling is done and performed for a leaseholder, the lien created shall not attach to the underlying fee title to the land. Acts 1941, No. 71, § 1; A.S.A. 1947, § 51-711.

(a) Any person, corporation, firm, association, or partnership, designated as a trucking contractor or teaming contractor and engaged in the hauling of oil field equipment used in, or about, the drilling of oil and gas wells or the operation of oil or gas leases in the production of oil or gas therefrom, who under contract, express or implied, made with the owner or lessee of any land, 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, furnishes trucks, teams, tractors, draglines, and any other equipment and labor for the hauling of 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, 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, or used for the clearing of land for location of wells, rights-of-way, or digging of earthen pits upon the land shall have a lien on: (1) The whole of the land or leasehold interest in the land, the oil pipeline or gas pipeline, including the pipeline right-of-way, the buildings and appurtenances located thereon, and the materials and supplies so hauled by trucks or teams furnished; (2) All other materials and supplies located upon the land or leasehold interest, whether hauled by the trucks, teams, tractors, draglines, or other equipment, or not and the oil well, gas well, water well, or oil or gas pipeline for which they are hauled; and (3) All the other oil wells, gas wells, buildings, and appurtenances including pipelines, leasehold interests, and land used in operating for oil or gas under a leasehold interest.

(1) The whole of the land or leasehold interest in the land, the oil pipeline or gas pipeline, including the pipeline right-of-way, the buildings and appurtenances located thereon, and the materials and supplies so hauled by trucks or teams furnished;

(2) All other materials and supplies located upon the land or leasehold interest, whether hauled by the trucks, teams, tractors, draglines, or other equipment, or not and the oil well, gas well, water well, or oil or gas pipeline for which they are hauled; and

(3) All the other oil wells, gas wells, buildings, and appurtenances including pipelines, leasehold interests, and land used in operating for oil or gas under a leasehold interest.

(b) (1) Also included in the lien are the pipelines and the pipeline right-of-way for which the materials, equipment, and supplies were hauled by the trucks, teams, tractors, draglines, or other equipment and all other materials, supplies, or equipment placed upon the land or leasehold interest, whether they are movable or not. (2) If the hauling is done and performed for a leaseholder, the lien created shall not attach to the underlying fee title to the land.

(1) Also included in the lien are the pipelines and the pipeline right-of-way for which the materials, equipment, and supplies were hauled by the trucks, teams, tractors, draglines, or other equipment and all other materials, supplies, or equipment placed upon the land or leasehold interest, whether they are movable or not.

(2) If the hauling is done and performed for a leaseholder, the lien created shall not attach to the underlying fee title to the land.

Acts 1941, No. 71, § 1; A.S.A. 1947, § 51-711.
Ark. Code Ann. § 18-15-1205 — AR Code / Title 18 / Chapter 15 / Subchapter 12 / Section 18-15-1205
Payment or deposit of damages and costs
Status: in_force

(a) In all cases in which damages for the right-of-way for the use of any railroad company have been assessed in the manner provided in this subchapter, it shall be the duty of the railroad company to deposit with the court or pay to the owners the amount so assessed and pay such costs as, in the discretion of the court, may be adjudged against it, within thirty (30) days after the assessment. (b) After payment, it shall be lawful for the railroad company to enter upon, use, and have the right-of-way over the lands forever. Acts 1873, No. 123, § 6, p. 290; C. & M. Dig., § 3999; Pope's Dig., § 5001; A.S.A. 1947, § 35-205.

(a) In all cases in which damages for the right-of-way for the use of any railroad company have been assessed in the manner provided in this subchapter, it shall be the duty of the railroad company to deposit with the court or pay to the owners the amount so assessed and pay such costs as, in the discretion of the court, may be adjudged against it, within thirty (30) days after the assessment.

(b) After payment, it shall be lawful for the railroad company to enter upon, use, and have the right-of-way over the lands forever.

Acts 1873, No. 123, § 6, p. 290; C. & M. Dig., § 3999; Pope's Dig., § 5001; A.S.A. 1947, § 35-205.
Ark. Code Ann. § 18-15-506 — AR Code / Title 18 / Chapter 15 / Subchapter 5 / Section 18-15-506
Trial by jury
Status: in_force

It shall be the duty of the court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation which the electric utility shall pay, and the matter shall proceed and be determined as other civil causes. Amended by Act 2013, No. 1130,§ 5, eff. 8/16/2013. Acts 1907, No. 120, § 10, p. 303; C. & M. Dig., § 4052; Pope's Dig., § 5054; A.S.A. 1947, § 35-310; Acts 2001, No. 1291, § 5.

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

Amended by Act 2013, No. 1130,§ 5, eff. 8/16/2013.

Acts 1907, No. 120, § 10, p. 303; C. & M. Dig., § 4052; Pope's Dig., § 5054; A.S.A. 1947, § 35-310; Acts 2001, No. 1291, § 5.
Ark. Code Ann. § 18-15-713 — AR Code / Title 18 / Chapter 15 / Subchapter 7 / Section 18-15-713
Cutting canal through another's land
Status: in_force

Where mills or other machinery are proposed to be built, so as to be propelled by water drawn from lakes through canals cut therefrom, and the intended canal will be cut to pass through the land of other persons, the same procedure shall be pursued as in cases of streams. Rev. Stat., ch. 98, § 26; C. & M. Dig., § 3968; Pope's Dig., § 4970; A.S.A. 1947, § 35-526.

Where mills or other machinery are proposed to be built, so as to be propelled by water drawn from lakes through canals cut therefrom, and the intended canal will be cut to pass through the land of other persons, the same procedure shall be pursued as in cases of streams.

Rev. Stat., ch. 98, § 26; C. & M. Dig., § 3968; Pope's Dig., § 4970; A.S.A. 1947, § 35-526.
Ark. Code Ann. § 18-60-414 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-414
Appointment of commissioners
Status: in_force

(a) (1) Whenever any judgment of partition shall be rendered, the court may, by rule or order, appoint not fewer than three (3) nor more than five (5) commissioners who are residents of the county in which the premises to be divided is situated to make the partition so adjudged, according to the respective rights and interests of the parties, as they were ascertained and determined by the court. (2) On such rule or order, the court shall designate the part or shares which shall remain undivided, if any, for the owners whose interest shall be unknown and not ascertained. (b) In case of death, resignation, neglect, or refusal to act of any of the commissioners to be appointed as aforesaid, before the duties, trust, and services required of them shall be completed, the court, or judge thereof in vacation, may appoint another commissioner, who shall be vested with the like powers and authority as if he or she had been originally appointed. Rev. Stat., ch. 107, §§ 16, 38; C. & M. Dig., §§ 8101, 8102; Pope's Dig., §§ 10521, 10522; Acts 1983, No. 503, § 1; A.S.A. 1947, §§ 34-1815, 34-1816.

(a) (1) Whenever any judgment of partition shall be rendered, the court may, by rule or order, appoint not fewer than three (3) nor more than five (5) commissioners who are residents of the county in which the premises to be divided is situated to make the partition so adjudged, according to the respective rights and interests of the parties, as they were ascertained and determined by the court. (2) On such rule or order, the court shall designate the part or shares which shall remain undivided, if any, for the owners whose interest shall be unknown and not ascertained.

(1) Whenever any judgment of partition shall be rendered, the court may, by rule or order, appoint not fewer than three (3) nor more than five (5) commissioners who are residents of the county in which the premises to be divided is situated to make the partition so adjudged, according to the respective rights and interests of the parties, as they were ascertained and determined by the court.

(2) On such rule or order, the court shall designate the part or shares which shall remain undivided, if any, for the owners whose interest shall be unknown and not ascertained.

(b) In case of death, resignation, neglect, or refusal to act of any of the commissioners to be appointed as aforesaid, before the duties, trust, and services required of them shall be completed, the court, or judge thereof in vacation, may appoint another commissioner, who shall be vested with the like powers and authority as if he or she had been originally appointed.

Rev. Stat., ch. 107, §§ 16, 38; C. & M. Dig., §§ 8101, 8102; Pope's Dig., §§ 10521, 10522; Acts 1983, No. 503, § 1; A.S.A. 1947, §§ 34-1815, 34-1816.
Ark. Code Ann. § 18-17-502 — AR Code / Title 18 / Chapter 17 / Subchapter 5 / Section 18-17-502
Implied residential quality standards
Status: in_force

(a) For all lease agreements or rental agreements entered into or renewed after November 1, 2021, and exclusive of a lease to purchase or a lease with a purchase right and except when temporarily prevented by an act of God, the failure of, or caused by, public utility service, or other force majeure events to include without limitation any epidemic or pandemic that causes work stoppages, labor or material shortages, or required social distancing that impacts the ability to maintain or repair a premises, there shall be implied in all leases and rental agreements for residential purposes a requirement that a dwelling unit or single-family residence have, both at the time possession is delivered to the tenant or tenants named in the lease or rental agreement and throughout the term of the lease or rental agreement: (1) An available source of hot and cold running water; (2) An available source of electricity; (3) A source of potable drinking water; (4) A sanitary sewer system and plumbing that conform to applicable building and housing codes in existence at the time of installation; (5) A functioning roof and building envelope; and (6) A functioning heating and air conditioning system to the extent the heating and air conditioning system served the premises at the time the landlord and the tenant entered into the lease or rental agreement. (b) Unless the tenant agrees in writing to accept responsibility to renovate, remodel, or complete the renovation, remodeling, or construction of the dwelling unit or single-family residence, the provisions of subsection (a) of this section shall supersede any contrary provision of an oral or written lease or rental agreement. (c) A landlord shall be deemed to be in compliance with the requirements of subsection (a) of this section: (1) If the landlord supplies the tenant, at the time possession is available to the tenant, a written form with which to list any defects listed in subsection (a) of this section and the tenant: (A) Signs the form without noting a defect of any item listed in subsection (a) of this section and takes possession of the premises; or (B) Fails to return the form to the landlord within two (2) business days; or (2) As to defects which arise after possession by the tenant, if the tenant delivers written notice to the landlord but the noncompliance: (A) Could not be remedied because the tenant refused the landlord entry to the premises for the purpose of correcting the defect; or (B) Was caused by the deliberate or negligent act or omission of: (i) The tenant; (ii) A member of the tenant's family; (iii) Another occupant of or visitor on the premises; or (iv) Any person other than the landlord or the landlord's agent. (d) (1) If a dwelling unit or single-family residence does not comply with subsection (a) of this section, the tenant is entitled to deliver written notice of the noncompliance to the landlord by certified mail or any other method provided by the lease or rental agreement and shall specify the acts and omissions constituting noncompliance. (2) (A) If the payment of rent is current, noncompliance is not excused under subsection (c) of this section, and the landlord does not remedy the noncompliance within thirty (30) calendar days after receiving the notice required by subdivision (d)(1) of this section, the tenant's sole remedy shall be to terminate the lease or rental agreement without penalty and receive a refund of any security deposit recoverable under § 18-16-301 et seq. (B) However, if the implied quality standards were met as required by subsections (a)-(c) of this section, the landlord may apply the tenant's security deposit to the payment of any damage to the premises as provided in § 18-16-301 et seq. in addition to any other remedy provided by applicable law. (3) (A) Nothing in this chapter shall be construed to excuse a tenant from paying rent. (B) A tenant shall not offset or withhold rent from the landlord for any alleged or actual violation of the implied quality standards listed in subsection (a) of this section. (e) (1) Nothing in this chapter, or in a lease or rental agreement, shall prohibit a tenant from making a correct installation at his or her expense of a battery-powered or plug-in smoke or carbon monoxide detector. (2) If a battery-powered or plug-in smoke or carbon monoxide detector is installed, the tenant shall be solely responsible for: (A) Determining if the detector is operational; (B) Maintaining the device in working order; and (C) Any damage or repairs to the premises caused by the installation or removal of the detector. (f) Nothing in this chapter shall be construed to: (1) Limit a landlord's exercise of any remedy provided at law or equity upon a tenant's default under a lease or rental agreement; or (2) Expand a landlord's tort liability beyond the limits set by § 18-16-110 . (g) Except as otherwise provided by this chapter, a landlord or tenant shall not agree in a lease or rental agreement to waive or forego any of the rights, duties, or remedies available under this chapter. (h) This section does not relieve the landlord from having to comply with any stricter applicable housing standard of a local government with jurisdiction. Added by Act 2021, No. 1052,§ 1, eff. 7/28/2021.

(a) For all lease agreements or rental agreements entered into or renewed after November 1, 2021, and exclusive of a lease to purchase or a lease with a purchase right and except when temporarily prevented by an act of God, the failure of, or caused by, public utility service, or other force majeure events to include without limitation any epidemic or pandemic that causes work stoppages, labor or material shortages, or required social distancing that impacts the ability to maintain or repair a premises, there shall be implied in all leases and rental agreements for residential purposes a requirement that a dwelling unit or single-family residence have, both at the time possession is delivered to the tenant or tenants named in the lease or rental agreement and throughout the term of the lease or rental agreement: (1) An available source of hot and cold running water; (2) An available source of electricity; (3) A source of potable drinking water; (4) A sanitary sewer system and plumbing that conform to applicable building and housing codes in existence at the time of installation; (5) A functioning roof and building envelope; and (6) A functioning heating and air conditioning system to the extent the heating and air conditioning system served the premises at the time the landlord and the tenant entered into the lease or rental agreement.

(1) An available source of hot and cold running water;

(2) An available source of electricity;

(3) A source of potable drinking water;

(4) A sanitary sewer system and plumbing that conform to applicable building and housing codes in existence at the time of installation;

(5) A functioning roof and building envelope; and

(6) A functioning heating and air conditioning system to the extent the heating and air conditioning system served the premises at the time the landlord and the tenant entered into the lease or rental agreement.

(b) Unless the tenant agrees in writing to accept responsibility to renovate, remodel, or complete the renovation, remodeling, or construction of the dwelling unit or single-family residence, the provisions of subsection (a) of this section shall supersede any contrary provision of an oral or written lease or rental agreement.

(c) A landlord shall be deemed to be in compliance with the requirements of subsection (a) of this section: (1) If the landlord supplies the tenant, at the time possession is available to the tenant, a written form with which to list any defects listed in subsection (a) of this section and the tenant: (A) Signs the form without noting a defect of any item listed in subsection (a) of this section and takes possession of the premises; or (B) Fails to return the form to the landlord within two (2) business days; or (2) As to defects which arise after possession by the tenant, if the tenant delivers written notice to the landlord but the noncompliance: (A) Could not be remedied because the tenant refused the landlord entry to the premises for the purpose of correcting the defect; or (B) Was caused by the deliberate or negligent act or omission of: (i) The tenant; (ii) A member of the tenant's family; (iii) Another occupant of or visitor on the premises; or (iv) Any person other than the landlord or the landlord's agent.

(1) If the landlord supplies the tenant, at the time possession is available to the tenant, a written form with which to list any defects listed in subsection (a) of this section and the tenant: (A) Signs the form without noting a defect of any item listed in subsection (a) of this section and takes possession of the premises; or (B) Fails to return the form to the landlord within two (2) business days; or

(A) Signs the form without noting a defect of any item listed in subsection (a) of this section and takes possession of the premises; or

(B) Fails to return the form to the landlord within two (2) business days; or

(2) As to defects which arise after possession by the tenant, if the tenant delivers written notice to the landlord but the noncompliance: (A) Could not be remedied because the tenant refused the landlord entry to the premises for the purpose of correcting the defect; or (B) Was caused by the deliberate or negligent act or omission of: (i) The tenant; (ii) A member of the tenant's family; (iii) Another occupant of or visitor on the premises; or (iv) Any person other than the landlord or the landlord's agent.

(A) Could not be remedied because the tenant refused the landlord entry to the premises for the purpose of correcting the defect; or

(B) Was caused by the deliberate or negligent act or omission of: (i) The tenant; (ii) A member of the tenant's family; (iii) Another occupant of or visitor on the premises; or (iv) Any person other than the landlord or the landlord's agent.

(i) The tenant;

(ii) A member of the tenant's family;

(iii) Another occupant of or visitor on the premises; or

(iv) Any person other than the landlord or the landlord's agent.

(d) (1) If a dwelling unit or single-family residence does not comply with subsection (a) of this section, the tenant is entitled to deliver written notice of the noncompliance to the landlord by certified mail or any other method provided by the lease or rental agreement and shall specify the acts and omissions constituting noncompliance. (2) (A) If the payment of rent is current, noncompliance is not excused under subsection (c) of this section, and the landlord does not remedy the noncompliance within thirty (30) calendar days after receiving the notice required by subdivision (d)(1) of this section, the tenant's sole remedy shall be to terminate the lease or rental agreement without penalty and receive a refund of any security deposit recoverable under § 18-16-301 et seq. (B) However, if the implied quality standards were met as required by subsections (a)-(c) of this section, the landlord may apply the tenant's security deposit to the payment of any damage to the premises as provided in § 18-16-301 et seq. in addition to any other remedy provided by applicable law. (3) (A) Nothing in this chapter shall be construed to excuse a tenant from paying rent. (B) A tenant shall not offset or withhold rent from the landlord for any alleged or actual violation of the implied quality standards listed in subsection (a) of this section.

(1) If a dwelling unit or single-family residence does not comply with subsection (a) of this section, the tenant is entitled to deliver written notice of the noncompliance to the landlord by certified mail or any other method provided by the lease or rental agreement and shall specify the acts and omissions constituting noncompliance.

(2) (A) If the payment of rent is current, noncompliance is not excused under subsection (c) of this section, and the landlord does not remedy the noncompliance within thirty (30) calendar days after receiving the notice required by subdivision (d)(1) of this section, the tenant's sole remedy shall be to terminate the lease or rental agreement without penalty and receive a refund of any security deposit recoverable under § 18-16-301 et seq. (B) However, if the implied quality standards were met as required by subsections (a)-(c) of this section, the landlord may apply the tenant's security deposit to the payment of any damage to the premises as provided in § 18-16-301 et seq. in addition to any other remedy provided by applicable law.

(A) If the payment of rent is current, noncompliance is not excused under subsection (c) of this section, and the landlord does not remedy the noncompliance within thirty (30) calendar days after receiving the notice required by subdivision (d)(1) of this section, the tenant's sole remedy shall be to terminate the lease or rental agreement without penalty and receive a refund of any security deposit recoverable under § 18-16-301 et seq.

(B) However, if the implied quality standards were met as required by subsections (a)-(c) of this section, the landlord may apply the tenant's security deposit to the payment of any damage to the premises as provided in § 18-16-301 et seq. in addition to any other remedy provided by applicable law.

(3) (A) Nothing in this chapter shall be construed to excuse a tenant from paying rent. (B) A tenant shall not offset or withhold rent from the landlord for any alleged or actual violation of the implied quality standards listed in subsection (a) of this section.

(A) Nothing in this chapter shall be construed to excuse a tenant from paying rent.

(B) A tenant shall not offset or withhold rent from the landlord for any alleged or actual violation of the implied quality standards listed in subsection (a) of this section.

(e) (1) Nothing in this chapter, or in a lease or rental agreement, shall prohibit a tenant from making a correct installation at his or her expense of a battery-powered or plug-in smoke or carbon monoxide detector. (2) If a battery-powered or plug-in smoke or carbon monoxide detector is installed, the tenant shall be solely responsible for: (A) Determining if the detector is operational; (B) Maintaining the device in working order; and (C) Any damage or repairs to the premises caused by the installation or removal of the detector.

(1) Nothing in this chapter, or in a lease or rental agreement, shall prohibit a tenant from making a correct installation at his or her expense of a battery-powered or plug-in smoke or carbon monoxide detector.

(2) If a battery-powered or plug-in smoke or carbon monoxide detector is installed, the tenant shall be solely responsible for: (A) Determining if the detector is operational; (B) Maintaining the device in working order; and (C) Any damage or repairs to the premises caused by the installation or removal of the detector.

(A) Determining if the detector is operational;

(B) Maintaining the device in working order; and

(C) Any damage or repairs to the premises caused by the installation or removal of the detector.

(f) Nothing in this chapter shall be construed to: (1) Limit a landlord's exercise of any remedy provided at law or equity upon a tenant's default under a lease or rental agreement; or (2) Expand a landlord's tort liability beyond the limits set by § 18-16-110 .

(1) Limit a landlord's exercise of any remedy provided at law or equity upon a tenant's default under a lease or rental agreement; or

(2) Expand a landlord's tort liability beyond the limits set by § 18-16-110 .

(g) Except as otherwise provided by this chapter, a landlord or tenant shall not agree in a lease or rental agreement to waive or forego any of the rights, duties, or remedies available under this chapter.

(h) This section does not relieve the landlord from having to comply with any stricter applicable housing standard of a local government with jurisdiction.

Added by Act 2021, No. 1052,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 18-44-128 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-128
Attorney's fee
Status: in_force

(a) When any contractor, subcontractor, laborer, or material supplier who has filed a lien, as provided for in this chapter, gives notice thereof to the owner of property by any method permitted under § 18-44-115(b)(5) and the claim has not been paid within twenty (20) days from the date of service of the notice, and if the contractor, subcontractor, laborer, or material supplier is required to sue for the enforcement of his or her claim, the court shall allow the successful contractor, subcontractor, laborer, or material supplier a reasonable attorney's fee in addition to other relief to which he or she may be entitled. (b) If the owner is the prevailing party in the action, the court shall allow the owner a reasonable attorney's fee in addition to any other relief to which the owner may be entitled. Acts 1961, No. 240, § 1; A.S.A. 1947, § 51-639; Acts 1995, No. 1298, § 9; 2009, No. 454, § 5.

(a) When any contractor, subcontractor, laborer, or material supplier who has filed a lien, as provided for in this chapter, gives notice thereof to the owner of property by any method permitted under § 18-44-115(b)(5) and the claim has not been paid within twenty (20) days from the date of service of the notice, and if the contractor, subcontractor, laborer, or material supplier is required to sue for the enforcement of his or her claim, the court shall allow the successful contractor, subcontractor, laborer, or material supplier a reasonable attorney's fee in addition to other relief to which he or she may be entitled.

(b) If the owner is the prevailing party in the action, the court shall allow the owner a reasonable attorney's fee in addition to any other relief to which the owner may be entitled.

Acts 1961, No. 240, § 1; A.S.A. 1947, § 51-639; Acts 1995, No. 1298, § 9; 2009, No. 454, § 5.
Ark. Code Ann. § 18-11-607 — AR Code / Title 18 / Chapter 11 / Subchapter 6 / Section 18-11-607
Exceptions to owner's immunity
Status: in_force

Nothing in this subchapter limits in any way liability that otherwise exists for malicious, but not mere negligent, failure to guard or warn against an ultra-hazardous condition, structure, personal property, use, or activity actually known to the owner to be dangerous. Acts 2005, No. 1977, § 1.

Nothing in this subchapter limits in any way liability that otherwise exists for malicious, but not mere negligent, failure to guard or warn against an ultra-hazardous condition, structure, personal property, use, or activity actually known to the owner to be dangerous.

Acts 2005, No. 1977, § 1.
Ark. Code Ann. § 18-44-126 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-126
Warning order for nonresident or absconding owners
Status: in_force

Whenever the owner of an erection or improvement, or of land on which an erection or improvement is put, or the owner of any boat or vessel, is a nonresident of the state or resides out of the county in which the erection or other improvement is put, as provided by this subchapter, or when the owner so conceals himself or herself that personal service of summons cannot be had on him or her, then the mechanic, builder, artisan, workman, laborer, or other persons entitled to a lien under this subchapter, upon instituting suit, may cause a warning order to issue and be published as may be prescribed by law for the issuance of warning orders in proceedings under attachment. Such service shall be binding and of full force and effect. Acts 1895, No. 146, § 16, p. 217; C. & M. Dig., § 6929; Pope's Dig., § 8891; A.S.A. 1947, § 51-619.

Whenever the owner of an erection or improvement, or of land on which an erection or improvement is put, or the owner of any boat or vessel, is a nonresident of the state or resides out of the county in which the erection or other improvement is put, as provided by this subchapter, or when the owner so conceals himself or herself that personal service of summons cannot be had on him or her, then the mechanic, builder, artisan, workman, laborer, or other persons entitled to a lien under this subchapter, upon instituting suit, may cause a warning order to issue and be published as may be prescribed by law for the issuance of warning orders in proceedings under attachment. Such service shall be binding and of full force and effect.

Acts 1895, No. 146, § 16, p. 217; C. & M. Dig., § 6929; Pope's Dig., § 8891; A.S.A. 1947, § 51-619.
Ark. Code Ann. § 18-28-402 — AR Code / Title 18 / Chapter 28 / Subchapter 4 / Section 18-28-402
Escrow accounts
Status: in_force

(a) (1) A holder of mineral proceeds shall establish an escrow account for mineral proceeds if the person entitled to the receipt of the mineral proceeds is unknown or has not been located within one (1) year after the funds became payable or distributable. (2) The escrow account shall be for the benefit of the rightful recipient of the mineral proceeds. (3) A person showing to the holder of mineral proceeds sufficient proof of identity and marketable title to the property shall be promptly paid the sum accumulated for his or her benefit in the escrow account. (b) (1) If a holder of mineral proceeds is required to establish more than one (1) escrow account by operation of this section, then the mineral proceeds accruing may be commingled in a single escrow account. (2) Separate records of each deposit and withdrawal on behalf of specific persons shall be maintained. (c) A holder of mineral proceeds who violates this section is subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500). (d) The Auditor of State shall enforce this subchapter and may conduct random audits of the escrow accounts required by this section. Amended by Act 2015, No. 1039,§ 2, eff. 7/22/2015. Acts 1987, No. 362, § 3; 2003, No. 1763, § 1; 2005, No. 1994, § 95; 2009, No. 1175, § 18.

(a) (1) A holder of mineral proceeds shall establish an escrow account for mineral proceeds if the person entitled to the receipt of the mineral proceeds is unknown or has not been located within one (1) year after the funds became payable or distributable. (2) The escrow account shall be for the benefit of the rightful recipient of the mineral proceeds. (3) A person showing to the holder of mineral proceeds sufficient proof of identity and marketable title to the property shall be promptly paid the sum accumulated for his or her benefit in the escrow account.

(1) A holder of mineral proceeds shall establish an escrow account for mineral proceeds if the person entitled to the receipt of the mineral proceeds is unknown or has not been located within one (1) year after the funds became payable or distributable.

(2) The escrow account shall be for the benefit of the rightful recipient of the mineral proceeds.

(3) A person showing to the holder of mineral proceeds sufficient proof of identity and marketable title to the property shall be promptly paid the sum accumulated for his or her benefit in the escrow account.

(b) (1) If a holder of mineral proceeds is required to establish more than one (1) escrow account by operation of this section, then the mineral proceeds accruing may be commingled in a single escrow account. (2) Separate records of each deposit and withdrawal on behalf of specific persons shall be maintained.

(1) If a holder of mineral proceeds is required to establish more than one (1) escrow account by operation of this section, then the mineral proceeds accruing may be commingled in a single escrow account.

(2) Separate records of each deposit and withdrawal on behalf of specific persons shall be maintained.

(c) A holder of mineral proceeds who violates this section is subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500).

(d) The Auditor of State shall enforce this subchapter and may conduct random audits of the escrow accounts required by this section.

Amended by Act 2015, No. 1039,§ 2, eff. 7/22/2015.

Acts 1987, No. 362, § 3; 2003, No. 1763, § 1; 2005, No. 1994, § 95; 2009, No. 1175, § 18.
Ark. Code Ann. § 18-60-702 — AR Code / Title 18 / Chapter 60 / Subchapter 7 / Section 18-60-702
Liberally construed
Status: in_force

This subchapter shall be liberally construed so as to effectuate its purpose. Acts 1911, No. 267, § 5; C. & M. Dig., § 8378; Pope's Dig., § 10974; A.S.A. 1947, § 34-1917.

This subchapter shall be liberally construed so as to effectuate its purpose.

Acts 1911, No. 267, § 5; C. & M. Dig., § 8378; Pope's Dig., § 10974; A.S.A. 1947, § 34-1917.
Ark. Code Ann. § 18-43-102 — AR Code / Title 18 / Chapter 43 / Section 18-43-102
Lien on object, etc., worked on - Liability of purchasers
Status: in_force

(a) (1) Laborers who perform work and labor on any object, thing, material, or property shall have an absolute lien on the object, thing, material, or property for labor done and performed, subject to prior liens and landlord's liens for rent and supplies. (2) These liens may be enforced within the same time and in the same manner provided for by law to enforce laborer's liens on the production of labor done and performed. (b) When the object, thing, material, or property on which a lien exists as provided for in subsection (a) of this section has been sold, transferred, or disposed of before the lien has been liquidated or released, the purchaser thereof, with notice of the lien, the material, thing, object, or property so sold, transferred, or disposed of shall be liable to the amount of the lien, or so much thereof as may be necessary to liquidate the liens mentioned in subsection (a) of this section. Acts 1895, No. 35, §§ 1, 2, p. 39; C. & M. Dig., §§ 6864, 6865; Pope's Dig., §§ 8820, 8821; A.S.A. 1947, §§ 51-317, 51-318.

(a) (1) Laborers who perform work and labor on any object, thing, material, or property shall have an absolute lien on the object, thing, material, or property for labor done and performed, subject to prior liens and landlord's liens for rent and supplies. (2) These liens may be enforced within the same time and in the same manner provided for by law to enforce laborer's liens on the production of labor done and performed.

(1) Laborers who perform work and labor on any object, thing, material, or property shall have an absolute lien on the object, thing, material, or property for labor done and performed, subject to prior liens and landlord's liens for rent and supplies.

(2) These liens may be enforced within the same time and in the same manner provided for by law to enforce laborer's liens on the production of labor done and performed.

(b) When the object, thing, material, or property on which a lien exists as provided for in subsection (a) of this section has been sold, transferred, or disposed of before the lien has been liquidated or released, the purchaser thereof, with notice of the lien, the material, thing, object, or property so sold, transferred, or disposed of shall be liable to the amount of the lien, or so much thereof as may be necessary to liquidate the liens mentioned in subsection (a) of this section.

Acts 1895, No. 35, §§ 1, 2, p. 39; C. & M. Dig., §§ 6864, 6865; Pope's Dig., §§ 8820, 8821; A.S.A. 1947, §§ 51-317, 51-318.
Ark. Code Ann. § 18-28-231 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-231
Escheatment - United States savings bond
Status: in_force

(a) Notwithstanding any law to the contrary, including § 18-28-202(a)(10) and (14) and § 18-28-219(b) , a United States savings bond held or owing in this state is presumed abandoned if the savings bond remains unclaimed for five (5) years after the date of maturity of the United States savings bond. (b) If a United States savings bond is presumed abandoned under subsection (a) of this section, the United States savings bond shall escheat to the state two (2) years after becoming abandoned property according to subsections (c)-(f) of this section. (c) (1) If no claim for the United States savings bond is filed under § 18-28-215 , the administrator shall file a civil action for escheatment of the United States savings bond within one hundred eighty (180) days after the two-year period under subsection (b) of this section. (2) The administrator may postpone filing a civil action under subdivision (c)(1) of this section until additional United States savings bonds accumulate to justify the expense of the proceeding. (d) The administrator shall provide notice of the civil action to an individual named as a defendant in the civil action in the manner provided for under § 16-3-101 et seq., and prescribed by Rule 4 of the Arkansas Rules of Civil Procedure. (e) If no person files a claim or appears at the hearing to substantiate a claim or if the court determines that a claimant is not entitled to the property claimed by the claimant, then the court shall enter judgment that: (1) The United States savings bond escheats to the state; and (2) All property rights and legal title to and ownership of the United States savings bond or proceeds from the United States savings bond, including all rights, powers, and privileges of survivorship of any owner, co-owner, or beneficiary, are vested solely in the state. (f) Notwithstanding §§ 18-28-213 and 18-28-225 , the administrator shall redeem any United States savings bonds escheated to the state and deposit the proceeds recovered by the administrator into the Unclaimed Property Proceeds Trust Fund. (g) (1) Notwithstanding § 18-28-215(c) , a person may file a claim with the administrator for a United States savings bond or the proceeds from the savings bond that has escheated to the state under this section. (2) (A) Upon submission of sufficient proof of the validity of a claim for a United States savings bond that has escheated to the state, the administrator may pay the claim after deducting the expense incurred by the administrator in securing full title and ownership of the United States savings bond by escheatment. (B) Upon payment of a valid claim, no action thereafter shall be maintained by any other claimant against the state for the funds. (h) The administrator may contract with and obtain outside legal counsel in the administration of this section. Added by Act 2015, No. 563,§ 1, eff. 7/22/2015.

(a) Notwithstanding any law to the contrary, including § 18-28-202(a)(10) and (14) and § 18-28-219(b) , a United States savings bond held or owing in this state is presumed abandoned if the savings bond remains unclaimed for five (5) years after the date of maturity of the United States savings bond.

(b) If a United States savings bond is presumed abandoned under subsection (a) of this section, the United States savings bond shall escheat to the state two (2) years after becoming abandoned property according to subsections (c)-(f) of this section.

(c) (1) If no claim for the United States savings bond is filed under § 18-28-215 , the administrator shall file a civil action for escheatment of the United States savings bond within one hundred eighty (180) days after the two-year period under subsection (b) of this section. (2) The administrator may postpone filing a civil action under subdivision (c)(1) of this section until additional United States savings bonds accumulate to justify the expense of the proceeding.

(1) If no claim for the United States savings bond is filed under § 18-28-215 , the administrator shall file a civil action for escheatment of the United States savings bond within one hundred eighty (180) days after the two-year period under subsection (b) of this section.

(2) The administrator may postpone filing a civil action under subdivision (c)(1) of this section until additional United States savings bonds accumulate to justify the expense of the proceeding.

(d) The administrator shall provide notice of the civil action to an individual named as a defendant in the civil action in the manner provided for under § 16-3-101 et seq., and prescribed by Rule 4 of the Arkansas Rules of Civil Procedure.

(e) If no person files a claim or appears at the hearing to substantiate a claim or if the court determines that a claimant is not entitled to the property claimed by the claimant, then the court shall enter judgment that: (1) The United States savings bond escheats to the state; and (2) All property rights and legal title to and ownership of the United States savings bond or proceeds from the United States savings bond, including all rights, powers, and privileges of survivorship of any owner, co-owner, or beneficiary, are vested solely in the state.

(1) The United States savings bond escheats to the state; and

(2) All property rights and legal title to and ownership of the United States savings bond or proceeds from the United States savings bond, including all rights, powers, and privileges of survivorship of any owner, co-owner, or beneficiary, are vested solely in the state.

(f) Notwithstanding §§ 18-28-213 and 18-28-225 , the administrator shall redeem any United States savings bonds escheated to the state and deposit the proceeds recovered by the administrator into the Unclaimed Property Proceeds Trust Fund.

(g) (1) Notwithstanding § 18-28-215(c) , a person may file a claim with the administrator for a United States savings bond or the proceeds from the savings bond that has escheated to the state under this section. (2) (A) Upon submission of sufficient proof of the validity of a claim for a United States savings bond that has escheated to the state, the administrator may pay the claim after deducting the expense incurred by the administrator in securing full title and ownership of the United States savings bond by escheatment. (B) Upon payment of a valid claim, no action thereafter shall be maintained by any other claimant against the state for the funds.

(1) Notwithstanding § 18-28-215(c) , a person may file a claim with the administrator for a United States savings bond or the proceeds from the savings bond that has escheated to the state under this section.

(2) (A) Upon submission of sufficient proof of the validity of a claim for a United States savings bond that has escheated to the state, the administrator may pay the claim after deducting the expense incurred by the administrator in securing full title and ownership of the United States savings bond by escheatment. (B) Upon payment of a valid claim, no action thereafter shall be maintained by any other claimant against the state for the funds.

(A) Upon submission of sufficient proof of the validity of a claim for a United States savings bond that has escheated to the state, the administrator may pay the claim after deducting the expense incurred by the administrator in securing full title and ownership of the United States savings bond by escheatment.

(B) Upon payment of a valid claim, no action thereafter shall be maintained by any other claimant against the state for the funds.

(h) The administrator may contract with and obtain outside legal counsel in the administration of this section.

Added by Act 2015, No. 563,§ 1, eff. 7/22/2015.