Ark. Code Ann. § 18-15-1005 — AR Code / Title 18 / Chapter 15 / Subchapter 10 / Section 18-15-1005
Exception - Trial - Injunction
Status: in_force

(a) (1) If no exception is filed by the owner within ten (10) days after service of summons or within ten (10) days of the last date of the publication of the warning order, or by the levee or drainage district within ten (10) days after award is filed, then it shall be the duty of the clerk of the circuit court to call the court's attention to the award, and failure to file exception thereto after notice having been given as provided. (2) Upon this information, the court shall proceed to enter a judgment condemning the property and land for the right-of-way purposes and a judgment in favor of the owner of the land against the levee or drainage district for the amount awarded by the appraisers. (b) However, in case exceptions are filed by either party within the time prescribed in this section, it shall be the duty of the clerk to docket the cause. (c) The petition originally filed by the levee or drainage district and the award of the appraisers shall constitute all necessary pleadings in the proceedings, and, in case a trial is demanded or requested by either party, the question shall be tried as other common law cases are tried. (d) (1) The owner of the land shall be entitled to recover the: (A) Value of the land appropriated or intended to be appropriated; (B) Obstruction to natural drainage not to exceed the amount necessary to construct artificial drainage; (C) Damage occasioned by the inconvenience of crossing the levee, ditch, canal, or drain from one (1) portion of the land to the other; and (D) Value of any crops or houses on the right-of-way or the cost of removing the crops or houses. (2) However, whenever any levee or drainage district shall cause any land or property to be appraised, as provided in this section, §§ 18-15-1001 - 18-15-1004 , and §§ 18-15-1006 - 18-15-1010 , it may enter upon the land and construct the levee, ditch, canal, or drain over and across it without paying the award until such time as the court in any term time shall so order or direct. (e) (1) It shall be the duty of the court or any county, circuit, or district judge to enjoin any owner of land from interfering with the construction of any levee, drain, ditch, or canal after an award has been made for the value of the land until such time as the court having proper jurisdiction shall render a final judgment. (2) In case of an appeal from any judgment rendered by the circuit court, the levee or drainage district, upon filing a supersedeas bond with the Clerk of the Supreme Court, shall be entitled to have the owner of the land enjoined from interfering with the construction of any levee, ditch, drain, or canal until the cause can be heard in the Supreme Court. Acts 1945, No. 177, § 3; 1957, No. 100, § 1; A.S.A. 1947, § 35-1103.

(a) (1) If no exception is filed by the owner within ten (10) days after service of summons or within ten (10) days of the last date of the publication of the warning order, or by the levee or drainage district within ten (10) days after award is filed, then it shall be the duty of the clerk of the circuit court to call the court's attention to the award, and failure to file exception thereto after notice having been given as provided. (2) Upon this information, the court shall proceed to enter a judgment condemning the property and land for the right-of-way purposes and a judgment in favor of the owner of the land against the levee or drainage district for the amount awarded by the appraisers.

(1) If no exception is filed by the owner within ten (10) days after service of summons or within ten (10) days of the last date of the publication of the warning order, or by the levee or drainage district within ten (10) days after award is filed, then it shall be the duty of the clerk of the circuit court to call the court's attention to the award, and failure to file exception thereto after notice having been given as provided.

(2) Upon this information, the court shall proceed to enter a judgment condemning the property and land for the right-of-way purposes and a judgment in favor of the owner of the land against the levee or drainage district for the amount awarded by the appraisers.

(b) However, in case exceptions are filed by either party within the time prescribed in this section, it shall be the duty of the clerk to docket the cause.

(c) The petition originally filed by the levee or drainage district and the award of the appraisers shall constitute all necessary pleadings in the proceedings, and, in case a trial is demanded or requested by either party, the question shall be tried as other common law cases are tried.

(d) (1) The owner of the land shall be entitled to recover the: (A) Value of the land appropriated or intended to be appropriated; (B) Obstruction to natural drainage not to exceed the amount necessary to construct artificial drainage; (C) Damage occasioned by the inconvenience of crossing the levee, ditch, canal, or drain from one (1) portion of the land to the other; and (D) Value of any crops or houses on the right-of-way or the cost of removing the crops or houses. (2) However, whenever any levee or drainage district shall cause any land or property to be appraised, as provided in this section, §§ 18-15-1001 - 18-15-1004 , and §§ 18-15-1006 - 18-15-1010 , it may enter upon the land and construct the levee, ditch, canal, or drain over and across it without paying the award until such time as the court in any term time shall so order or direct.

(1) The owner of the land shall be entitled to recover the: (A) Value of the land appropriated or intended to be appropriated; (B) Obstruction to natural drainage not to exceed the amount necessary to construct artificial drainage; (C) Damage occasioned by the inconvenience of crossing the levee, ditch, canal, or drain from one (1) portion of the land to the other; and (D) Value of any crops or houses on the right-of-way or the cost of removing the crops or houses.

(A) Value of the land appropriated or intended to be appropriated;

(B) Obstruction to natural drainage not to exceed the amount necessary to construct artificial drainage;

(C) Damage occasioned by the inconvenience of crossing the levee, ditch, canal, or drain from one (1) portion of the land to the other; and

(D) Value of any crops or houses on the right-of-way or the cost of removing the crops or houses.

(2) However, whenever any levee or drainage district shall cause any land or property to be appraised, as provided in this section, §§ 18-15-1001 - 18-15-1004 , and §§ 18-15-1006 - 18-15-1010 , it may enter upon the land and construct the levee, ditch, canal, or drain over and across it without paying the award until such time as the court in any term time shall so order or direct.

(e) (1) It shall be the duty of the court or any county, circuit, or district judge to enjoin any owner of land from interfering with the construction of any levee, drain, ditch, or canal after an award has been made for the value of the land until such time as the court having proper jurisdiction shall render a final judgment. (2) In case of an appeal from any judgment rendered by the circuit court, the levee or drainage district, upon filing a supersedeas bond with the Clerk of the Supreme Court, shall be entitled to have the owner of the land enjoined from interfering with the construction of any levee, ditch, drain, or canal until the cause can be heard in the Supreme Court.

(1) It shall be the duty of the court or any county, circuit, or district judge to enjoin any owner of land from interfering with the construction of any levee, drain, ditch, or canal after an award has been made for the value of the land until such time as the court having proper jurisdiction shall render a final judgment.

(2) In case of an appeal from any judgment rendered by the circuit court, the levee or drainage district, upon filing a supersedeas bond with the Clerk of the Supreme Court, shall be entitled to have the owner of the land enjoined from interfering with the construction of any levee, ditch, drain, or canal until the cause can be heard in the Supreme Court.

Acts 1945, No. 177, § 3; 1957, No. 100, § 1; A.S.A. 1947, § 35-1103.
Ark. Code Ann. § 18-48-204 — AR Code / Title 18 / Chapter 48 / Subchapter 2 / Section 18-48-204
Recording, etc., of liens by third parties
Status: in_force

(a) Holders of conditional sale contracts shall not be required to record their contracts. (b) Holders of chattel mortgages and other claimants of liens upon livestock must comply with laws relating to recording, filing, and otherwise required as notice to bona fide third parties before they are entitled to receive the notices mentioned in § 18-48-211 relating to lienholders. Acts 1957, No. 311, § 12; A.S.A. 1947, § 51-928.

(a) Holders of conditional sale contracts shall not be required to record their contracts.

(b) Holders of chattel mortgages and other claimants of liens upon livestock must comply with laws relating to recording, filing, and otherwise required as notice to bona fide third parties before they are entitled to receive the notices mentioned in § 18-48-211 relating to lienholders.

Acts 1957, No. 311, § 12; A.S.A. 1947, § 51-928.
Ark. Code Ann. § 18-28-203 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-203
Contents of safe deposit box or other safekeeping depository
Status: in_force

Tangible property held in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, are presumed abandoned if the property remains unclaimed by the owner for more than five (5) years after expiration of the lease or rental period on the box or other depository. Acts 1999, No. 850, § 3.

Tangible property held in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, are presumed abandoned if the property remains unclaimed by the owner for more than five (5) years after expiration of the lease or rental period on the box or other depository.

Acts 1999, No. 850, § 3.
Ark. Code Ann. § 18-13-114 — AR Code / Title 18 / Chapter 13 / Section 18-13-114
Common elements
Status: in_force

(a) The common elements, both general and limited, shall remain undivided and shall not be the object of an action for partition or division of the co-ownership. Any covenant to the contrary shall be void. (b) Each co-owner may use the elements held in common in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other co-owners. Acts 1961 (1st Ex. Sess.), No. 60, §§ 7, 8; A.S.A. 1947, §§ 50-1007, 50-1008.

(a) The common elements, both general and limited, shall remain undivided and shall not be the object of an action for partition or division of the co-ownership. Any covenant to the contrary shall be void.

(b) Each co-owner may use the elements held in common in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other co-owners.

Acts 1961 (1st Ex. Sess.), No. 60, §§ 7, 8; A.S.A. 1947, §§ 50-1007, 50-1008.
Ark. Code Ann. § 18-11-404 — AR Code / Title 18 / Chapter 11 / Subchapter 4 / Section 18-11-404
Methods of posting - Forest lands
Status: in_force

The owner or lessee of any forest land may post the land by any of the following methods: (1) (A) By placing signs around the boundaries of the property at points no more than one hundred feet (100') apart and at each point of entry. (B) The signs shall bear the words "posted" or "no trespassing", or both, in letters at least four inches (4") high and shall be so placed as to be readily visible to any person approaching the property; (2) (A) By placing identifying paint marks on trees or posts around the area to be posted. (B) Each paint mark shall be a vertical line of at least eight inches (8") in length and the bottom of the mark shall be no less than three feet (3') nor more than five feet (5') high. (C) Such paint marks shall be placed no more than one hundred feet (100') apart and shall be readily visible to any person approaching the property. (D) (i) The type and color of the paint to be used for posting shall be prescribed by rule by the Arkansas Forestry Commission. (ii) The commission shall not select a color that is presently being used by the timber industry in Arkansas to mark land lines or property lines; or (3) By enclosing the property with a fence sufficient under § 2-39-101 et seq. Amended by Act 2019, No. 315,§ 1683, eff. 7/24/2019. Acts 1989, No. 35, § 3; 1999, No. 1029, § 9.

The owner or lessee of any forest land may post the land by any of the following methods:

(1) (A) By placing signs around the boundaries of the property at points no more than one hundred feet (100') apart and at each point of entry. (B) The signs shall bear the words "posted" or "no trespassing", or both, in letters at least four inches (4") high and shall be so placed as to be readily visible to any person approaching the property;

(A) By placing signs around the boundaries of the property at points no more than one hundred feet (100') apart and at each point of entry.

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

(2) (A) By placing identifying paint marks on trees or posts around the area to be posted. (B) Each paint mark shall be a vertical line of at least eight inches (8") in length and the bottom of the mark shall be no less than three feet (3') nor more than five feet (5') high. (C) Such paint marks shall be placed no more than one hundred feet (100') apart and shall be readily visible to any person approaching the property. (D) (i) The type and color of the paint to be used for posting shall be prescribed by rule by the Arkansas Forestry Commission. (ii) The commission shall not select a color that is presently being used by the timber industry in Arkansas to mark land lines or property lines; or

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

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

(C) Such paint marks shall be placed no more than one hundred feet (100') apart and shall be readily visible to any person approaching the property.

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

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

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

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

Amended by Act 2019, No. 315,§ 1683, eff. 7/24/2019.

Acts 1989, No. 35, § 3; 1999, No. 1029, § 9.
Ark. Code Ann. § 18-11-502 — AR Code / Title 18 / Chapter 11 / Subchapter 5 / Section 18-11-502
Attorney's fees
Status: in_force

If the trial judge makes a finding that the violation of an interior setback restriction is de minimis, no attorney's fees shall be awarded to any party seeking to enforce the setback restriction. Acts 1999, No. 1380, § 2.

If the trial judge makes a finding that the violation of an interior setback restriction is de minimis, no attorney's fees shall be awarded to any party seeking to enforce the setback restriction.

Acts 1999, No. 1380, § 2.
Ark. Code Ann. § 18-17-703 — AR Code / Title 18 / Chapter 17 / Subchapter 7 / Section 18-17-703
Remedy after termination
Status: in_force

If the rental agreement is terminated, the landlord has a right to possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees. Acts 2007, No. 1004, § 1.

If the rental agreement is terminated, the landlord has a right to possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-15-102 — AR Code / Title 18 / Chapter 15 / Subchapter 1 / Section 18-15-102
Actions against corporations appropriating private property
Status: in_force

(a) Whenever any corporation authorized by law to appropriate private property for its use shall have entered upon and appropriated any real or personal property, the owner of the property shall have the right to bring an action against the corporation in the circuit court of the county in which the property is situated for damages for the appropriation at any time before an action at law or in equity for the recovery of the property so taken, or compensation therefor, would be barred by the statute of limitations. (b) The measure of recovery in the action shall be the same as that governing proceedings by corporations for the condemnation of property. (c) Proceedings instituted under this section shall be governed by the rules of pleading and practice prescribed for the government of proceedings in the circuit court. (d) The defendant shall have the right to bring in all parties having or claiming an interest in the property in controversy. (e) The court shall make the proper orders of the distribution of the compensation recovered in the action among the parties as may be entitled thereto and shall include in the judgment in the proceedings an order condemning the property for the public use to which it may have been appropriated. Acts 1893, No. 149, §§ 1, 2, p. 261; C. & M. Dig., §§ 3930-3932; Pope's Dig., §§ 4931-4933; A.S.A. 1947, §§ 35-101, 35-102.

(a) Whenever any corporation authorized by law to appropriate private property for its use shall have entered upon and appropriated any real or personal property, the owner of the property shall have the right to bring an action against the corporation in the circuit court of the county in which the property is situated for damages for the appropriation at any time before an action at law or in equity for the recovery of the property so taken, or compensation therefor, would be barred by the statute of limitations.

(b) The measure of recovery in the action shall be the same as that governing proceedings by corporations for the condemnation of property.

(c) Proceedings instituted under this section shall be governed by the rules of pleading and practice prescribed for the government of proceedings in the circuit court.

(d) The defendant shall have the right to bring in all parties having or claiming an interest in the property in controversy.

(e) The court shall make the proper orders of the distribution of the compensation recovered in the action among the parties as may be entitled thereto and shall include in the judgment in the proceedings an order condemning the property for the public use to which it may have been appropriated.

Acts 1893, No. 149, §§ 1, 2, p. 261; C. & M. Dig., §§ 3930-3932; Pope's Dig., §§ 4931-4933; A.S.A. 1947, §§ 35-101, 35-102.
Ark. Code Ann. § 18-44-117 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-117
Filing of lien
Status: in_force

(a) (1) A person who wishes to avail himself or herself of the provisions of this subchapter has a duty to file with the clerk of the circuit court of the county in which the building, erection, or other improvement to be charged with the lien is situated and within one hundred twenty (120) days after the things specified in this subchapter have been furnished or the work or labor done or performed: (A) A just and true account of the demand due or owing to him or her after allowing all credits; and (B) An affidavit of notice attached to the lien account. (2) (A) The lien account shall contain a correct description of the property to be charged with the lien, verified by affidavit. (B) For real property, a street address is not a correct description of the property under subdivision (a)(2)(A) of this section. (3) The affidavit of notice shall contain: (A) A sworn statement evidencing compliance with the applicable notice provisions of §§ 18-44-114 - 18-44-116 ; (B) A copy of each applicable notice given under §§ 18-44-114 - 18-44-116 ; and (C) A copy of the proof of service required under § 18-44-114 . (b) (1) (A) The clerk of the circuit court has a duty to endorse upon every account the date of its filing and to make an abstract of the account in a book kept by him or her for that purpose, properly indexed. (B) This abstract shall contain: (i) The date of the filing; (ii) The name of the person laying or imposing the lien; (iii) The amount of the lien; (iv) The name of the person against whose property the lien is filed; and (v) A description of the property to be charged with the lien. (C) For real property, a street address is not a sufficient description under subdivision (b)(1)(B) of this section. (2) For this service, the person laying or imposing the lien shall submit the fee required by § 21-6-306 to the clerk of the circuit court, and the fee shall be taxed and collected as other costs in case there is a suit on the lien. (3) The clerk of the circuit court shall not file a lien account that does not contain the affidavits and attachments required by this section. Amended by Act 2019, No. 806,§ 1, eff. 7/24/2019. Acts 1895, No. 146, §§ 11, 12, p. 217; C. & M. Dig., §§ 6922, 6923; Pope's Dig., §§ 8881, 8882; Acts 1945, No. 55, § 2; 1961, No. 239, § 1; 1963, No. 124, § 1; 1977, No. 333, § 3; A.S.A. 1947, §§ 12-1720, 51-613, 51-614; Acts 2005, No. 2287, § 1; 2007, No. 810, § 1; 2009, No. 454, § 3.

(a) (1) A person who wishes to avail himself or herself of the provisions of this subchapter has a duty to file with the clerk of the circuit court of the county in which the building, erection, or other improvement to be charged with the lien is situated and within one hundred twenty (120) days after the things specified in this subchapter have been furnished or the work or labor done or performed: (A) A just and true account of the demand due or owing to him or her after allowing all credits; and (B) An affidavit of notice attached to the lien account. (2) (A) The lien account shall contain a correct description of the property to be charged with the lien, verified by affidavit. (B) For real property, a street address is not a correct description of the property under subdivision (a)(2)(A) of this section. (3) The affidavit of notice shall contain: (A) A sworn statement evidencing compliance with the applicable notice provisions of §§ 18-44-114 - 18-44-116 ; (B) A copy of each applicable notice given under §§ 18-44-114 - 18-44-116 ; and (C) A copy of the proof of service required under § 18-44-114 .

(1) A person who wishes to avail himself or herself of the provisions of this subchapter has a duty to file with the clerk of the circuit court of the county in which the building, erection, or other improvement to be charged with the lien is situated and within one hundred twenty (120) days after the things specified in this subchapter have been furnished or the work or labor done or performed: (A) A just and true account of the demand due or owing to him or her after allowing all credits; and (B) An affidavit of notice attached to the lien account.

(A) A just and true account of the demand due or owing to him or her after allowing all credits; and

(B) An affidavit of notice attached to the lien account.

(2) (A) The lien account shall contain a correct description of the property to be charged with the lien, verified by affidavit. (B) For real property, a street address is not a correct description of the property under subdivision (a)(2)(A) of this section.

(A) The lien account shall contain a correct description of the property to be charged with the lien, verified by affidavit.

(B) For real property, a street address is not a correct description of the property under subdivision (a)(2)(A) of this section.

(3) The affidavit of notice shall contain: (A) A sworn statement evidencing compliance with the applicable notice provisions of §§ 18-44-114 - 18-44-116 ; (B) A copy of each applicable notice given under §§ 18-44-114 - 18-44-116 ; and (C) A copy of the proof of service required under § 18-44-114 .

(A) A sworn statement evidencing compliance with the applicable notice provisions of §§ 18-44-114 - 18-44-116 ;

(B) A copy of each applicable notice given under §§ 18-44-114 - 18-44-116 ; and

(C) A copy of the proof of service required under § 18-44-114 .

(b) (1) (A) The clerk of the circuit court has a duty to endorse upon every account the date of its filing and to make an abstract of the account in a book kept by him or her for that purpose, properly indexed. (B) This abstract shall contain: (i) The date of the filing; (ii) The name of the person laying or imposing the lien; (iii) The amount of the lien; (iv) The name of the person against whose property the lien is filed; and (v) A description of the property to be charged with the lien. (C) For real property, a street address is not a sufficient description under subdivision (b)(1)(B) of this section. (2) For this service, the person laying or imposing the lien shall submit the fee required by § 21-6-306 to the clerk of the circuit court, and the fee shall be taxed and collected as other costs in case there is a suit on the lien. (3) The clerk of the circuit court shall not file a lien account that does not contain the affidavits and attachments required by this section.

(1) (A) The clerk of the circuit court has a duty to endorse upon every account the date of its filing and to make an abstract of the account in a book kept by him or her for that purpose, properly indexed. (B) This abstract shall contain: (i) The date of the filing; (ii) The name of the person laying or imposing the lien; (iii) The amount of the lien; (iv) The name of the person against whose property the lien is filed; and (v) A description of the property to be charged with the lien. (C) For real property, a street address is not a sufficient description under subdivision (b)(1)(B) of this section.

(A) The clerk of the circuit court has a duty to endorse upon every account the date of its filing and to make an abstract of the account in a book kept by him or her for that purpose, properly indexed.

(B) This abstract shall contain: (i) The date of the filing; (ii) The name of the person laying or imposing the lien; (iii) The amount of the lien; (iv) The name of the person against whose property the lien is filed; and (v) A description of the property to be charged with the lien.

(i) The date of the filing;

(ii) The name of the person laying or imposing the lien;

(iii) The amount of the lien;

(iv) The name of the person against whose property the lien is filed; and

(v) A description of the property to be charged with the lien.

(C) For real property, a street address is not a sufficient description under subdivision (b)(1)(B) of this section.

(2) For this service, the person laying or imposing the lien shall submit the fee required by § 21-6-306 to the clerk of the circuit court, and the fee shall be taxed and collected as other costs in case there is a suit on the lien.

(3) The clerk of the circuit court shall not file a lien account that does not contain the affidavits and attachments required by this section.

Amended by Act 2019, No. 806,§ 1, eff. 7/24/2019.

Acts 1895, No. 146, §§ 11, 12, p. 217; C. & M. Dig., §§ 6922, 6923; Pope's Dig., §§ 8881, 8882; Acts 1945, No. 55, § 2; 1961, No. 239, § 1; 1963, No. 124, § 1; 1977, No. 333, § 3; A.S.A. 1947, §§ 12-1720, 51-613, 51-614; Acts 2005, No. 2287, § 1; 2007, No. 810, § 1; 2009, No. 454, § 3.
Ark. Code Ann. § 18-14-505 — AR Code / Title 18 / Chapter 14 / Subchapter 5 / Section 18-14-505
Enforcement
Status: in_force

If the Arkansas Real Estate Commission determines that a person is violating or failing to comply with the requirements of this subchapter, the commission may order the person to cease and desist from the violations and may take enforcement action under § 18-14-201 et seq. Amended by Act 2013, No. 710,§ 5, eff. 8/16/2013. Acts 1983, No. 294, Art. 6, § 6-105; A.S.A. 1947, § 50-1338.

If the Arkansas Real Estate Commission determines that a person is violating or failing to comply with the requirements of this subchapter, the commission may order the person to cease and desist from the violations and may take enforcement action under § 18-14-201 et seq.

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

Acts 1983, No. 294, Art. 6, § 6-105; A.S.A. 1947, § 50-1338.
Ark. Code Ann. § 18-15-501 — AR Code / Title 18 / Chapter 15 / Subchapter 5 / Section 18-15-501
Right-of-way construed
Status: in_force

The right-of-way provided for under this section and §§ 18-15-502 - 18-15-509 shall be construed to include all lands necessary for dams and the backwater resulting therefrom, levees, approaches, abutments, canals, reservoirs, powerhouses, and other purposes incident to the business of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use by an electric utility, as defined in § 18-15-512 . Amended by Act 2013, No. 1130,§ 1, eff. 8/16/2013. Acts 1907, No. 120, § 16, p. 303; C. & M. Dig., § 4057; Pope's Dig., § 5059; A.S.A. 1947, § 35-316; Acts 2001, No. 1291, § 1.

The right-of-way provided for under this section and §§ 18-15-502 - 18-15-509 shall be construed to include all lands necessary for dams and the backwater resulting therefrom, levees, approaches, abutments, canals, reservoirs, powerhouses, and other purposes incident to the business of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use by an electric utility, as defined in § 18-15-512 .

Amended by Act 2013, No. 1130,§ 1, eff. 8/16/2013.

Acts 1907, No. 120, § 16, p. 303; C. & M. Dig., § 4057; Pope's Dig., § 5059; A.S.A. 1947, § 35-316; Acts 2001, No. 1291, § 1.
Ark. Code Ann. § 18-15-505 — AR Code / Title 18 / Chapter 15 / Subchapter 5 / Section 18-15-505
Appointment of guardian ad litem
Status: in_force

In case of infants or persons of unsound mind, when no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the court to appoint a guardian ad litem who shall represent their interests for all purposes. Acts 1907, No. 120, § 8, p. 303; C. & M. Dig., § 4050; Pope's Dig., § 5052; A.S.A. 1947, § 35-308.

In case of infants or persons of unsound mind, when no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the court to appoint a guardian ad litem who shall represent their interests for all purposes.

Acts 1907, No. 120, § 8, p. 303; C. & M. Dig., § 4050; Pope's Dig., § 5052; A.S.A. 1947, § 35-308.
Ark. Code Ann. § 18-48-706 — AR Code / Title 18 / Chapter 48 / Subchapter 7 / Section 18-48-706
Sale procedure
Status: in_force

(a) Before conducting a sale under § 18-48-705 , the marina operator shall: (1) (A) Notify the occupant in writing of the default. (B) The notice shall be sent by certified mail, return receipt requested, to the occupant at the occupant's last known address, and shall include: (i) A statement that the contents of the occupant's leased space are subject to the marina operator's lien; (ii) A statement of the marina operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges which shall become due before the date of sale, and the date those additional charges shall become due; (iii) A demand for payment of the charges due within a specified time, not less than fourteen (14) days after the date that the notice was mailed; (iv) A statement that unless that claim is paid within the time stated, the contents of the occupant's space will be sold at a specified time and place; (v) The name, street address, and telephone number of the marina operator or his or her designated agent whom the occupant may contact to respond to the notice; and (vi) Designation of the date, time, and place where the contents will be sold unless the default is remedied prior to sale; (2) Publish one (1) advertisement in a newspaper of general circulation in the county in which the marina facility is located at least seven (7) days prior to sale; and (3) (A) Contact the circuit clerk in the county where the personal property is stored to determine the name and address of any holder of liens or security interests in the personal property being sold. (B) (i) The owner shall notify by certified mail, return receipt requested, each holder of a lien or security interest of the time and place of the proposed sale at least ten (10) days prior to conducting the sale. (ii) The owner shall be required to notify the holder of a lien or security interest only if the lien or security interest is filed under the name of the occupant. (b) At any time before a sale under this section, the occupant may pay the amount necessary to satisfy the marina operator's lien and redeem the occupant's personal property. (c) The sale under this subchapter shall be held at the marina facility where the personal property is stored. (d) A purchaser in good faith of any personal property sold under this subchapter takes the property free and clear of any rights of: (1) Persons against whom the lien was valid; and (2) Other lienholders. (e) If the marina operator complies with the provisions of this subchapter, the marina operator's liability: (1) To the occupant, shall be limited to the net proceeds received from the sale of the personal property; and (2) To other lienholders, shall be limited to the net proceeds received from the sale of any personal property covered by the other liens or the amount owed to such lienholders, whichever is less. (f) The marina operator shall retain a copy of all notices and return receipts required by subsection (a) of this section for six (6) months following the date of the lien sale. Acts 1997, No. 903, § 6.

(a) Before conducting a sale under § 18-48-705 , the marina operator shall: (1) (A) Notify the occupant in writing of the default. (B) The notice shall be sent by certified mail, return receipt requested, to the occupant at the occupant's last known address, and shall include: (i) A statement that the contents of the occupant's leased space are subject to the marina operator's lien; (ii) A statement of the marina operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges which shall become due before the date of sale, and the date those additional charges shall become due; (iii) A demand for payment of the charges due within a specified time, not less than fourteen (14) days after the date that the notice was mailed; (iv) A statement that unless that claim is paid within the time stated, the contents of the occupant's space will be sold at a specified time and place; (v) The name, street address, and telephone number of the marina operator or his or her designated agent whom the occupant may contact to respond to the notice; and (vi) Designation of the date, time, and place where the contents will be sold unless the default is remedied prior to sale; (2) Publish one (1) advertisement in a newspaper of general circulation in the county in which the marina facility is located at least seven (7) days prior to sale; and (3) (A) Contact the circuit clerk in the county where the personal property is stored to determine the name and address of any holder of liens or security interests in the personal property being sold. (B) (i) The owner shall notify by certified mail, return receipt requested, each holder of a lien or security interest of the time and place of the proposed sale at least ten (10) days prior to conducting the sale. (ii) The owner shall be required to notify the holder of a lien or security interest only if the lien or security interest is filed under the name of the occupant.

(1) (A) Notify the occupant in writing of the default. (B) The notice shall be sent by certified mail, return receipt requested, to the occupant at the occupant's last known address, and shall include: (i) A statement that the contents of the occupant's leased space are subject to the marina operator's lien; (ii) A statement of the marina operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges which shall become due before the date of sale, and the date those additional charges shall become due; (iii) A demand for payment of the charges due within a specified time, not less than fourteen (14) days after the date that the notice was mailed; (iv) A statement that unless that claim is paid within the time stated, the contents of the occupant's space will be sold at a specified time and place; (v) The name, street address, and telephone number of the marina operator or his or her designated agent whom the occupant may contact to respond to the notice; and (vi) Designation of the date, time, and place where the contents will be sold unless the default is remedied prior to sale;

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

(B) The notice shall be sent by certified mail, return receipt requested, to the occupant at the occupant's last known address, and shall include: (i) A statement that the contents of the occupant's leased space are subject to the marina operator's lien; (ii) A statement of the marina operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges which shall become due before the date of sale, and the date those additional charges shall become due; (iii) A demand for payment of the charges due within a specified time, not less than fourteen (14) days after the date that the notice was mailed; (iv) A statement that unless that claim is paid within the time stated, the contents of the occupant's space will be sold at a specified time and place; (v) The name, street address, and telephone number of the marina operator or his or her designated agent whom the occupant may contact to respond to the notice; and (vi) Designation of the date, time, and place where the contents will be sold unless the default is remedied prior to sale;

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

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

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

(iv) A statement that unless that claim is paid within the time stated, the contents of the occupant's space will be sold at a specified time and place;

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

(vi) Designation of the date, time, and place where the contents will be sold unless the default is remedied prior to sale;

(2) Publish one (1) advertisement in a newspaper of general circulation in the county in which the marina facility is located at least seven (7) days prior to sale; and

(3) (A) Contact the circuit clerk in the county where the personal property is stored to determine the name and address of any holder of liens or security interests in the personal property being sold. (B) (i) The owner shall notify by certified mail, return receipt requested, each holder of a lien or security interest of the time and place of the proposed sale at least ten (10) days prior to conducting the sale. (ii) The owner shall be required to notify the holder of a lien or security interest only if the lien or security interest is filed under the name of the occupant.

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

(B) (i) The owner shall notify by certified mail, return receipt requested, each holder of a lien or security interest of the time and place of the proposed sale at least ten (10) days prior to conducting the sale. (ii) The owner shall be required to notify the holder of a lien or security interest only if the lien or security interest is filed under the name of the occupant.

(i) The owner shall notify by certified mail, return receipt requested, each holder of a lien or security interest of the time and place of the proposed sale at least ten (10) days prior to conducting the sale.

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

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

(c) The sale under this subchapter shall be held at the marina facility where the personal property is stored.

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

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

(2) Other lienholders.

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

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

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

(f) The marina operator shall retain a copy of all notices and return receipts required by subsection (a) of this section for six (6) months following the date of the lien sale.

Acts 1997, No. 903, § 6.
Ark. Code Ann. § 18-60-410 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-410
Answer
Status: in_force

If any person summoned, as provided in §§ 18-60-401 , 18-60-405 , and 18-60-409 , desires to contest the rights of the petitioners or the statements in the petition, he or she shall do so by a written answer, and the questions of law and fact thereupon arising shall be tried and determined by the court. Civil Code, § 541; C. & M. Dig., § 8097; Pope's Dig., § 10517; A.S.A. 1947, § 34-1811.

If any person summoned, as provided in §§ 18-60-401 , 18-60-405 , and 18-60-409 , desires to contest the rights of the petitioners or the statements in the petition, he or she shall do so by a written answer, and the questions of law and fact thereupon arising shall be tried and determined by the court.

Civil Code, § 541; C. & M. Dig., § 8097; Pope's Dig., § 10517; A.S.A. 1947, § 34-1811.
Ark. Code Ann. § 18-15-1406 — AR Code / Title 18 / Chapter 15 / Subchapter 14 / Section 18-15-1406
Determination of compensation - Dispute
Status: in_force

(a) The jury shall hear the evidence and determine the amount of compensation to be paid to the owners of the property so condemned. (b) (1) In case of dispute as to the ownership, title, or interest of the property condemned, the amount of compensation determined by the jury may be paid into the court by the city or town, cemetery or burial association, or persons owning land used for public burial purposes. (2) The right to the funds so paid in may be determined between the parties making claim thereto and the city or town, cemetery or burial association, or persons owning land used for public burial purposes may proceed to actually take the property after the payment into court as provided in this section. Acts 1935, No. 163, § 6; Pope's Dig., § 9970; A.S.A. 1947, § 35-806.

(a) The jury shall hear the evidence and determine the amount of compensation to be paid to the owners of the property so condemned.

(b) (1) In case of dispute as to the ownership, title, or interest of the property condemned, the amount of compensation determined by the jury may be paid into the court by the city or town, cemetery or burial association, or persons owning land used for public burial purposes. (2) The right to the funds so paid in may be determined between the parties making claim thereto and the city or town, cemetery or burial association, or persons owning land used for public burial purposes may proceed to actually take the property after the payment into court as provided in this section.

(1) In case of dispute as to the ownership, title, or interest of the property condemned, the amount of compensation determined by the jury may be paid into the court by the city or town, cemetery or burial association, or persons owning land used for public burial purposes.

(2) The right to the funds so paid in may be determined between the parties making claim thereto and the city or town, cemetery or burial association, or persons owning land used for public burial purposes may proceed to actually take the property after the payment into court as provided in this section.

Acts 1935, No. 163, § 6; Pope's Dig., § 9970; A.S.A. 1947, § 35-806.
Ark. Code Ann. § 18-17-908 — AR Code / Title 18 / Chapter 17 / Subchapter 9 / Section 18-17-908
Effect of judgment for defendant
Status: in_force

If the judgment is for the defendant, the tenant shall be entitled to remain in possession until: (1) The termination of his or her tenancy by agreement or operation of law; (2) Failure or neglect to pay rent; or (3) Eviction in another proceeding under this chapter or by the judgment of a court of competent jurisdiction. Acts 2007, No. 1004, § 1; 2009, No. 311, § 9.

If the judgment is for the defendant, the tenant shall be entitled to remain in possession until:

(1) The termination of his or her tenancy by agreement or operation of law;

(2) Failure or neglect to pay rent; or

(3) Eviction in another proceeding under this chapter or by the judgment of a court of competent jurisdiction.

Acts 2007, No. 1004, § 1; 2009, No. 311, § 9.
Ark. Code Ann. § 18-15-1203 — AR Code / Title 18 / Chapter 15 / Subchapter 12 / Section 18-15-1203
Appointment of guardian ad litem
Status: in_force

In all cases of infants or persons with mental illness, when no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the court to appoint a guardian ad litem, who shall represent their interests for all purposes. Acts 1873, No. 123, § 4, p. 290; C. & M. Dig., § 3995; Pope's Dig., § 4997; A.S.A. 1947, § 35-202.

In all cases of infants or persons with mental illness, when no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the court to appoint a guardian ad litem, who shall represent their interests for all purposes.

Acts 1873, No. 123, § 4, p. 290; C. & M. Dig., § 3995; Pope's Dig., § 4997; A.S.A. 1947, § 35-202.
Ark. Code Ann. § 18-15-1701 — AR Code / Title 18 / Chapter 15 / Subchapter 17 / Section 18-15-1701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Private Property Protection Act". Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.

This subchapter shall be known and may be cited as the "Private Property Protection Act".

Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.
Ark. Code Ann. § 18-15-1502 — AR Code / Title 18 / Chapter 15 / Subchapter 15 / Section 18-15-1502
Federal housing projects - Definition
Status: in_force

(a) The term "housing project" whenever used in this section, § 18-15-1501 , and § 18-15-1503 shall mean any undertaking: (1) To demolish, clear, remove, alter, or repair unsafe or unsanitary housing; or (2) To provide dwelling accommodations for persons of low income. (b) The term may also include such buildings and equipment for recreational or social assemblies for educational, health, or welfare purposes and such necessary utilities as are designed primarily for the benefit and use of the occupants of the dwelling accommodations. Acts 1935, No. 177, § 2; Pope's Dig., § 5084; A.S.A. 1947, § 35-1302.

(a) The term "housing project" whenever used in this section, § 18-15-1501 , and § 18-15-1503 shall mean any undertaking: (1) To demolish, clear, remove, alter, or repair unsafe or unsanitary housing; or (2) To provide dwelling accommodations for persons of low income.

(1) To demolish, clear, remove, alter, or repair unsafe or unsanitary housing; or

(2) To provide dwelling accommodations for persons of low income.

(b) The term may also include such buildings and equipment for recreational or social assemblies for educational, health, or welfare purposes and such necessary utilities as are designed primarily for the benefit and use of the occupants of the dwelling accommodations.

Acts 1935, No. 177, § 2; Pope's Dig., § 5084; A.S.A. 1947, § 35-1302.
Ark. Code Ann. § 18-42-101 — AR Code / Title 18 / Chapter 42 / Section 18-42-101
Contracts for more than one year to be in writing
Status: in_force

A contract for services or labor for a period longer than one (1) year shall not entitle the parties to the benefits of this chapter unless the contract is in writing, signed by the parties, and witnessed by two (2) disinterested witnesses or acknowledged before an officer authorized by law to take an acknowledgment. Acts 1883, No. 96, § 2, p. 176; 1887, No. 78, § 1, p. 108; C. & M. Dig., §§ 6879, 6880; Pope's Dig., §§ 8835, 8836; A.S.A. 1947, §§ 51-502, 51-503; Acts 2005, No. 917, § 1.

A contract for services or labor for a period longer than one (1) year shall not entitle the parties to the benefits of this chapter unless the contract is in writing, signed by the parties, and witnessed by two (2) disinterested witnesses or acknowledged before an officer authorized by law to take an acknowledgment.

Acts 1883, No. 96, § 2, p. 176; 1887, No. 78, § 1, p. 108; C. & M. Dig., §§ 6879, 6880; Pope's Dig., §§ 8835, 8836; A.S.A. 1947, §§ 51-502, 51-503; Acts 2005, No. 917, § 1.
Ark. Code Ann. § 18-12-206 — AR Code / Title 18 / Chapter 12 / Subchapter 2 / Section 18-12-206
Manner of making acknowledgment - Proof of deed or instrument - Proof of identity of grantor or witness
Status: in_force

(a) The acknowledgment of deeds and instruments of writing for the conveyance of real estate, or whereby such real estate is to be affected in law or equity, shall be by the grantor appearing in person before a court or officer having the authority by law to take the acknowledgment and stating that he or she had executed the deed or instrument for the consideration and purposes therein mentioned and set forth. (b) When a deed or instrument referred to in subsection (a) of this section is to be proved, it shall be done by one (1) or more of the subscribing witnesses personally appearing before the proper court or officer and stating on oath that he or she saw the grantor subscribe the deed or instrument of writing or that the grantor acknowledged in his or her presence that he or she had subscribed and executed the deed or instrument for the purposes and consideration therein mentioned, and that he or she had subscribed the deed or instrument as a witness at the request of the grantor. (c) If any grantor has not acknowledged the execution of a deed or instrument referred to in subsection (a) of this section and the subscribing witnesses are dead or cannot be had, then the deed or instrument may be proved by the evidence of the handwriting of the grantor and of at least one (1) of the subscribing witnesses. This evidence shall consist of the deposition of two (2) or more disinterested persons, swearing to each signature. (d) (1) When any grantor in any deed or instrument that conveys real estate or whereby any real estate may be affected in law or equity, or any witness to any like instrument, shall present himself or herself before any court or other officer for the purpose of acknowledging or proving the execution of the deed or instrument, if the grantor or witness shall be personally unknown to the court or officer, his or her identity and his or her being the person he or she purports to be on the face of such instrument of writing shall be proved to the court or officer. (2) Proof may be made by witnesses known to the court or officer or by the affidavit of the grantor or witness if the court or officer shall be satisfied therewith. The proof or affidavit shall also be endorsed on the deed or instrument of writing. Rev. Stat., ch. 31, §§ 17-20; C. & M. Dig., §§ 1520-1523; Pope's Dig., §§ 1829, 1830, 1832, 1833; A.S.A. 1947, §§ 49-207 -- 49-210.

(a) The acknowledgment of deeds and instruments of writing for the conveyance of real estate, or whereby such real estate is to be affected in law or equity, shall be by the grantor appearing in person before a court or officer having the authority by law to take the acknowledgment and stating that he or she had executed the deed or instrument for the consideration and purposes therein mentioned and set forth.

(b) When a deed or instrument referred to in subsection (a) of this section is to be proved, it shall be done by one (1) or more of the subscribing witnesses personally appearing before the proper court or officer and stating on oath that he or she saw the grantor subscribe the deed or instrument of writing or that the grantor acknowledged in his or her presence that he or she had subscribed and executed the deed or instrument for the purposes and consideration therein mentioned, and that he or she had subscribed the deed or instrument as a witness at the request of the grantor.

(c) If any grantor has not acknowledged the execution of a deed or instrument referred to in subsection (a) of this section and the subscribing witnesses are dead or cannot be had, then the deed or instrument may be proved by the evidence of the handwriting of the grantor and of at least one (1) of the subscribing witnesses. This evidence shall consist of the deposition of two (2) or more disinterested persons, swearing to each signature.

(d) (1) When any grantor in any deed or instrument that conveys real estate or whereby any real estate may be affected in law or equity, or any witness to any like instrument, shall present himself or herself before any court or other officer for the purpose of acknowledging or proving the execution of the deed or instrument, if the grantor or witness shall be personally unknown to the court or officer, his or her identity and his or her being the person he or she purports to be on the face of such instrument of writing shall be proved to the court or officer. (2) Proof may be made by witnesses known to the court or officer or by the affidavit of the grantor or witness if the court or officer shall be satisfied therewith. The proof or affidavit shall also be endorsed on the deed or instrument of writing.

(1) When any grantor in any deed or instrument that conveys real estate or whereby any real estate may be affected in law or equity, or any witness to any like instrument, shall present himself or herself before any court or other officer for the purpose of acknowledging or proving the execution of the deed or instrument, if the grantor or witness shall be personally unknown to the court or officer, his or her identity and his or her being the person he or she purports to be on the face of such instrument of writing shall be proved to the court or officer.

(2) Proof may be made by witnesses known to the court or officer or by the affidavit of the grantor or witness if the court or officer shall be satisfied therewith. The proof or affidavit shall also be endorsed on the deed or instrument of writing.

Rev. Stat., ch. 31, §§ 17-20; C. & M. Dig., §§ 1520-1523; Pope's Dig., §§ 1829, 1830, 1832, 1833; A.S.A. 1947, §§ 49-207 -- 49-210.
Ark. Code Ann. § 18-46-112 — AR Code / Title 18 / Chapter 46 / Section 18-46-112
Settlement of patient's claim without satisfaction of lien prohibited
Status: in_force

(a) A tortfeasor and an insurer, and each of them, who have been notified, as authorized by this chapter, of a claim of lien against any claim or right of action that a patient has against the tortfeasor or insurer by reason of an injury caused by the fault or neglect of a tortfeasor shall not, within sixty (60) days after the service of the notice, nor at any time after a copy of that notice has been recorded in the office of the clerk of the circuit court of the county in which the professional, nursing, hospital, or ambulance service was rendered, pay to the patient, either directly or indirectly, any money or deliver to him or her, either directly or indirectly, anything of value, in settlement or part settlement of the patient's claim or right of action, without having previously: (1) Paid to the practitioner, nurse, hospital, or ambulance service provider that gave notice of the claim of lien the amount claimed under it; or (2) Received a written release of the claim of lien from the practitioner, nurse, hospital, or ambulance service provider that gave notice of it, except as otherwise authorized by this chapter. (b) A tortfeasor and an insurer, and either of them, that have been notified by a practitioner, nurse, hospital, or ambulance service provider of claim of lien under this chapter and who, directly or indirectly, otherwise than as is authorized by this chapter, pays to the patient any money or delivers to him or her anything of value as a settlement or compromise of the patient's claim arising out of the injury done to him or her shall be liable to the practitioner, nurse, hospital, or ambulance service provider for the money value of the service rendered by the practitioner, nurse, hospital, or ambulance service provider, in an amount not in excess of the amount to which the patient was entitled from the tortfeasor or insurer because of the injury. Acts 1933, No. 130, § 5; Pope's Dig., §§ 7993, 10822; A.S.A. 1947, § 51-805; Acts 1993, No. 271, § 10.

(a) A tortfeasor and an insurer, and each of them, who have been notified, as authorized by this chapter, of a claim of lien against any claim or right of action that a patient has against the tortfeasor or insurer by reason of an injury caused by the fault or neglect of a tortfeasor shall not, within sixty (60) days after the service of the notice, nor at any time after a copy of that notice has been recorded in the office of the clerk of the circuit court of the county in which the professional, nursing, hospital, or ambulance service was rendered, pay to the patient, either directly or indirectly, any money or deliver to him or her, either directly or indirectly, anything of value, in settlement or part settlement of the patient's claim or right of action, without having previously: (1) Paid to the practitioner, nurse, hospital, or ambulance service provider that gave notice of the claim of lien the amount claimed under it; or (2) Received a written release of the claim of lien from the practitioner, nurse, hospital, or ambulance service provider that gave notice of it, except as otherwise authorized by this chapter.

(1) Paid to the practitioner, nurse, hospital, or ambulance service provider that gave notice of the claim of lien the amount claimed under it; or

(2) Received a written release of the claim of lien from the practitioner, nurse, hospital, or ambulance service provider that gave notice of it, except as otherwise authorized by this chapter.

(b) A tortfeasor and an insurer, and either of them, that have been notified by a practitioner, nurse, hospital, or ambulance service provider of claim of lien under this chapter and who, directly or indirectly, otherwise than as is authorized by this chapter, pays to the patient any money or delivers to him or her anything of value as a settlement or compromise of the patient's claim arising out of the injury done to him or her shall be liable to the practitioner, nurse, hospital, or ambulance service provider for the money value of the service rendered by the practitioner, nurse, hospital, or ambulance service provider, in an amount not in excess of the amount to which the patient was entitled from the tortfeasor or insurer because of the injury.

Acts 1933, No. 130, § 5; Pope's Dig., §§ 7993, 10822; A.S.A. 1947, § 51-805; Acts 1993, No. 271, § 10.
Ark. Code Ann. § 18-11-605 — AR Code / Title 18 / Chapter 11 / Subchapter 6 / Section 18-11-605
Owner's immunity from liability
Status: in_force

Except as specifically provided in § 18-11-607 , an owner who, either directly or indirectly, invites or permits any person to use his or her land for a municipal water supply purpose does not: (1) Extend any assurance that the land is safe for any purpose; (2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; (3) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of the person; or (4) Assume responsibility for or incur liability for injury to the person or property caused by any natural or artificial condition, structure, or personal property on the land. Acts 2005, No. 1977, § 1.

Except as specifically provided in § 18-11-607 , an owner who, either directly or indirectly, invites or permits any person to use his or her land for a municipal water supply purpose does not:

(1) Extend any assurance that the land is safe for any purpose;

(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;

(3) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of the person; or

(4) Assume responsibility for or incur liability for injury to the person or property caused by any natural or artificial condition, structure, or personal property on the land.

Acts 2005, No. 1977, § 1.
Ark. Code Ann. § 18-60-310 — AR Code / Title 18 / Chapter 60 / Subchapter 3 / Section 18-60-310
Execution of writ of possession
Status: in_force

(a) Upon receipt of a writ of possession from the clerk of the court, the sheriff shall immediately proceed to execute the writ in the specific manner described in this section and, if necessary, ultimately by ejecting from the property described in the writ the defendant or defendants and any other person or persons who shall have received or entered into the possession of the property after the issuance of the writ, and thereupon notify the plaintiff that the property has been vacated by the defendant or defendants. (b) (1) Upon receipt of the writ, the sheriff shall notify the defendant of the issuance of the writ by delivering a copy thereof to the defendant or to any person authorized to receive summons in civil cases and in like manner. (2) If, within eight (8) hours of receipt of the writ of possession, the sheriff shall not find any such person at their normal place of residence, he or she may serve the writ of possession by placing a copy conspicuously upon the front door or other structure of the property described in the complaint, which shall have like effect as if delivered in person pursuant to the terms of this section. (c) (1) If, at the expiration of twenty-four (24) hours from the service of the writ of possession in the manner indicated, the defendants or any or either of them shall be and remain in possession of the property or possession has not been returned to the plaintiff, the sheriff shall notify the plaintiff or his or her attorney of that fact and shall be provided with all labor and assistance required by him or her in removing the possessions and belongings of the defendants from the affected property to a place of storage in a public warehouse or in some other reasonable safe place of storage under the control of the plaintiff until a final determination by the court. (2) If the determination is in favor of the defendant, then the possessions and belongings of the defendant shall be immediately restored to the defendant with the cost of storage assessed against the plaintiff. (3) If the determination is in favor of the plaintiff, and it includes a monetary judgment for the plaintiff, then the court shall order the possessions and belongings of the defendant sold by the plaintiff in a commercially reasonable manner with the proceeds of the sale applied first to the cost of storage, second to any monetary judgment in favor of the plaintiff, and third any excess to be remitted to the defendant. (d) In executing the writ of possession, the sheriff shall have the right forcibly to remove all locks or other barriers erected to prevent entry upon the premises in any manner which he or she deems appropriate or convenient and, if necessary, physically to restrain the defendants from interfering with the removal of the defendants' property and possessions from the property described in the writ of possession. (e) The plaintiff shall not be required to give any bond, unless ordered to do so by the court, as a condition to the execution of the writ by the sheriff. (f) The sheriff shall return the writ at or before the return date of the writ and shall state in his or her return the manner in which he or she executed the writ and whether or not the properties described therein have been delivered to the plaintiff and, if not, the reason for his or her failure to do so. Acts 1981, No. 615, § 8; A.S.A. 1947, § 34-1508; Acts 1987, No. 577, § 1; 2007, No. 535, § 3.

(a) Upon receipt of a writ of possession from the clerk of the court, the sheriff shall immediately proceed to execute the writ in the specific manner described in this section and, if necessary, ultimately by ejecting from the property described in the writ the defendant or defendants and any other person or persons who shall have received or entered into the possession of the property after the issuance of the writ, and thereupon notify the plaintiff that the property has been vacated by the defendant or defendants.

(b) (1) Upon receipt of the writ, the sheriff shall notify the defendant of the issuance of the writ by delivering a copy thereof to the defendant or to any person authorized to receive summons in civil cases and in like manner. (2) If, within eight (8) hours of receipt of the writ of possession, the sheriff shall not find any such person at their normal place of residence, he or she may serve the writ of possession by placing a copy conspicuously upon the front door or other structure of the property described in the complaint, which shall have like effect as if delivered in person pursuant to the terms of this section.

(1) Upon receipt of the writ, the sheriff shall notify the defendant of the issuance of the writ by delivering a copy thereof to the defendant or to any person authorized to receive summons in civil cases and in like manner.

(2) If, within eight (8) hours of receipt of the writ of possession, the sheriff shall not find any such person at their normal place of residence, he or she may serve the writ of possession by placing a copy conspicuously upon the front door or other structure of the property described in the complaint, which shall have like effect as if delivered in person pursuant to the terms of this section.

(c) (1) If, at the expiration of twenty-four (24) hours from the service of the writ of possession in the manner indicated, the defendants or any or either of them shall be and remain in possession of the property or possession has not been returned to the plaintiff, the sheriff shall notify the plaintiff or his or her attorney of that fact and shall be provided with all labor and assistance required by him or her in removing the possessions and belongings of the defendants from the affected property to a place of storage in a public warehouse or in some other reasonable safe place of storage under the control of the plaintiff until a final determination by the court. (2) If the determination is in favor of the defendant, then the possessions and belongings of the defendant shall be immediately restored to the defendant with the cost of storage assessed against the plaintiff. (3) If the determination is in favor of the plaintiff, and it includes a monetary judgment for the plaintiff, then the court shall order the possessions and belongings of the defendant sold by the plaintiff in a commercially reasonable manner with the proceeds of the sale applied first to the cost of storage, second to any monetary judgment in favor of the plaintiff, and third any excess to be remitted to the defendant.

(1) If, at the expiration of twenty-four (24) hours from the service of the writ of possession in the manner indicated, the defendants or any or either of them shall be and remain in possession of the property or possession has not been returned to the plaintiff, the sheriff shall notify the plaintiff or his or her attorney of that fact and shall be provided with all labor and assistance required by him or her in removing the possessions and belongings of the defendants from the affected property to a place of storage in a public warehouse or in some other reasonable safe place of storage under the control of the plaintiff until a final determination by the court.

(2) If the determination is in favor of the defendant, then the possessions and belongings of the defendant shall be immediately restored to the defendant with the cost of storage assessed against the plaintiff.

(3) If the determination is in favor of the plaintiff, and it includes a monetary judgment for the plaintiff, then the court shall order the possessions and belongings of the defendant sold by the plaintiff in a commercially reasonable manner with the proceeds of the sale applied first to the cost of storage, second to any monetary judgment in favor of the plaintiff, and third any excess to be remitted to the defendant.

(d) In executing the writ of possession, the sheriff shall have the right forcibly to remove all locks or other barriers erected to prevent entry upon the premises in any manner which he or she deems appropriate or convenient and, if necessary, physically to restrain the defendants from interfering with the removal of the defendants' property and possessions from the property described in the writ of possession.

(e) The plaintiff shall not be required to give any bond, unless ordered to do so by the court, as a condition to the execution of the writ by the sheriff.

(f) The sheriff shall return the writ at or before the return date of the writ and shall state in his or her return the manner in which he or she executed the writ and whether or not the properties described therein have been delivered to the plaintiff and, if not, the reason for his or her failure to do so.

Acts 1981, No. 615, § 8; A.S.A. 1947, § 34-1508; Acts 1987, No. 577, § 1; 2007, No. 535, § 3.
Ark. Code Ann. § 18-11-705 — AR Code / Title 18 / Chapter 11 / Subchapter 7 / Section 18-11-705
Commencement of civil action
Status: in_force

(a) To obtain an order to relocate an easement under this subchapter, a servient estate owner must commence a civil action. (b) A servient estate owner that commences a civil action under subsection (a): (1) shall serve a summons and petition on: (A) the easement holder whose easement is the subject of the relocation; (B) a security-interest holder of record of an interest in the servient estate or dominant estate; (C) a lessee of record of an interest in the dominant estate; and (D) except as otherwise provided in paragraph (2), any other owner of a recorded real-property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest; and (2) is not required to serve a summons and petition on the owner of a recorded real-property interest in oil, gas, or minerals unless the interest includes an easement to facilitate oil, gas, or mineral development. (c) A petition under this section must state: (1) the intent of the servient estate owner to seek the relocation; (2) the nature, extent, and anticipated dates of commencement and completion of the proposed relocation; (3) the current and proposed locations of the easement; (4) the reason the easement is eligible for relocation under § 18-11-703 ; (5) the reason the proposed relocation satisfies the conditions for relocation under § 18-11-704 ; and (6) that the servient estate owner has made a reasonable attempt to notify the holders of any public-utility easement, telecommunications easement, conservation easement, or negative easement on the servient estate or dominant estate of the proposed relocation. (d) At any time before the court renders a final order in an action under subsection (a), a person served under subsection (b)(1)(B), (C), or (D) may file a document, in recordable form, that waives its rights to contest or obtain relief in connection with the relocation or subordinates its interests to the relocation. On filing of the document, the court may order that the person is not required to answer or participate further in the action. Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.

(a) To obtain an order to relocate an easement under this subchapter, a servient estate owner must commence a civil action.

(b) A servient estate owner that commences a civil action under subsection (a): (1) shall serve a summons and petition on: (A) the easement holder whose easement is the subject of the relocation; (B) a security-interest holder of record of an interest in the servient estate or dominant estate; (C) a lessee of record of an interest in the dominant estate; and (D) except as otherwise provided in paragraph (2), any other owner of a recorded real-property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest; and (2) is not required to serve a summons and petition on the owner of a recorded real-property interest in oil, gas, or minerals unless the interest includes an easement to facilitate oil, gas, or mineral development.

(1) shall serve a summons and petition on: (A) the easement holder whose easement is the subject of the relocation; (B) a security-interest holder of record of an interest in the servient estate or dominant estate; (C) a lessee of record of an interest in the dominant estate; and (D) except as otherwise provided in paragraph (2), any other owner of a recorded real-property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest; and

(A) the easement holder whose easement is the subject of the relocation;

(B) a security-interest holder of record of an interest in the servient estate or dominant estate;

(C) a lessee of record of an interest in the dominant estate; and

(D) except as otherwise provided in paragraph (2), any other owner of a recorded real-property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest; and

(2) is not required to serve a summons and petition on the owner of a recorded real-property interest in oil, gas, or minerals unless the interest includes an easement to facilitate oil, gas, or mineral development.

(c) A petition under this section must state: (1) the intent of the servient estate owner to seek the relocation; (2) the nature, extent, and anticipated dates of commencement and completion of the proposed relocation; (3) the current and proposed locations of the easement; (4) the reason the easement is eligible for relocation under § 18-11-703 ; (5) the reason the proposed relocation satisfies the conditions for relocation under § 18-11-704 ; and (6) that the servient estate owner has made a reasonable attempt to notify the holders of any public-utility easement, telecommunications easement, conservation easement, or negative easement on the servient estate or dominant estate of the proposed relocation.

(1) the intent of the servient estate owner to seek the relocation;

(2) the nature, extent, and anticipated dates of commencement and completion of the proposed relocation;

(3) the current and proposed locations of the easement;

(4) the reason the easement is eligible for relocation under § 18-11-703 ;

(5) the reason the proposed relocation satisfies the conditions for relocation under § 18-11-704 ; and

(6) that the servient estate owner has made a reasonable attempt to notify the holders of any public-utility easement, telecommunications easement, conservation easement, or negative easement on the servient estate or dominant estate of the proposed relocation.

(d) At any time before the court renders a final order in an action under subsection (a), a person served under subsection (b)(1)(B), (C), or (D) may file a document, in recordable form, that waives its rights to contest or obtain relief in connection with the relocation or subordinates its interests to the relocation. On filing of the document, the court may order that the person is not required to answer or participate further in the action.

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 18-60-208 — AR Code / Title 18 / Chapter 60 / Subchapter 2 / Section 18-60-208
Writ of possession
Status: in_force

When the judgment for the plaintiff is both for the recovery of the possession of the premises and for the damages, the plaintiff may have a writ of possession. The writ shall command the officer to whom it may be directed to deliver to the plaintiff possession of the premises and also command him or her to levy and collect the damages and costs, as in executions on judgments in personal actions. Rev. Stat., ch. 53, § 16; C. & M. Dig., § 3699; Pope's Dig., § 4654; A.S.A. 1947, § 34-1418.

When the judgment for the plaintiff is both for the recovery of the possession of the premises and for the damages, the plaintiff may have a writ of possession. The writ shall command the officer to whom it may be directed to deliver to the plaintiff possession of the premises and also command him or her to levy and collect the damages and costs, as in executions on judgments in personal actions.

Rev. Stat., ch. 53, § 16; C. & M. Dig., § 3699; Pope's Dig., § 4654; A.S.A. 1947, § 34-1418.
Ark. Code Ann. § 18-40-109 — AR Code / Title 18 / Chapter 40 / Section 18-40-109
Transfer, etc., by separate instrument
Status: in_force

(a) (1) No provision contained in §§ 18-40-103 , 18-40-106 , 18-40-107 , and this section shall prevent any mortgagee, trustee, agent of owner of record, or the owner of record, transferee, or assignee appearing of record, from selling, transferring, or assigning any deed of trust, mortgage, or vendor's lien retained in deed by separate instrument duly acknowledged and recorded. (2) At the time of recording any separate instrument transferring any mortgage, deed of trust, vendor's lien, or lien retained in deed, note, bond, or other instrument, the clerk and ex officio recorder in the office in which the transfer or assignment shall appear shall note on the margin of the record of the original mortgage, deed of trust, or deed retaining vendor's lien a memorandum noting that the lien contained in the instrument, and the notes or other instruments evidenced thereby, have been transferred, to whom transferred, the date of the transfer, and the book and page where the separate instrument and transfer may be found. (3) The failure of the clerk and ex officio recorder to make the marginal entry or notation shall not invalidate the sale, transfer, or assignment recorded as provided in this section. (b) (1) The clerks in counties which use other than paper recording systems shall not allow any assignment by marginal notation after December 31, 1995. (2) Any such marginal notation entered after December 31, 1995, is void. Acts 1917, No. 374, § 4; C. & M. Dig., § 7394; Pope's Dig., § 9451; A.S.A. 1947, § 51-1019; Acts 1995, No. 1025, § 6.

(a) (1) No provision contained in §§ 18-40-103 , 18-40-106 , 18-40-107 , and this section shall prevent any mortgagee, trustee, agent of owner of record, or the owner of record, transferee, or assignee appearing of record, from selling, transferring, or assigning any deed of trust, mortgage, or vendor's lien retained in deed by separate instrument duly acknowledged and recorded. (2) At the time of recording any separate instrument transferring any mortgage, deed of trust, vendor's lien, or lien retained in deed, note, bond, or other instrument, the clerk and ex officio recorder in the office in which the transfer or assignment shall appear shall note on the margin of the record of the original mortgage, deed of trust, or deed retaining vendor's lien a memorandum noting that the lien contained in the instrument, and the notes or other instruments evidenced thereby, have been transferred, to whom transferred, the date of the transfer, and the book and page where the separate instrument and transfer may be found. (3) The failure of the clerk and ex officio recorder to make the marginal entry or notation shall not invalidate the sale, transfer, or assignment recorded as provided in this section.

(1) No provision contained in §§ 18-40-103 , 18-40-106 , 18-40-107 , and this section shall prevent any mortgagee, trustee, agent of owner of record, or the owner of record, transferee, or assignee appearing of record, from selling, transferring, or assigning any deed of trust, mortgage, or vendor's lien retained in deed by separate instrument duly acknowledged and recorded.

(2) At the time of recording any separate instrument transferring any mortgage, deed of trust, vendor's lien, or lien retained in deed, note, bond, or other instrument, the clerk and ex officio recorder in the office in which the transfer or assignment shall appear shall note on the margin of the record of the original mortgage, deed of trust, or deed retaining vendor's lien a memorandum noting that the lien contained in the instrument, and the notes or other instruments evidenced thereby, have been transferred, to whom transferred, the date of the transfer, and the book and page where the separate instrument and transfer may be found.

(3) The failure of the clerk and ex officio recorder to make the marginal entry or notation shall not invalidate the sale, transfer, or assignment recorded as provided in this section.

(b) (1) The clerks in counties which use other than paper recording systems shall not allow any assignment by marginal notation after December 31, 1995. (2) Any such marginal notation entered after December 31, 1995, is void.

(1) The clerks in counties which use other than paper recording systems shall not allow any assignment by marginal notation after December 31, 1995.

(2) Any such marginal notation entered after December 31, 1995, is void.

Acts 1917, No. 374, § 4; C. & M. Dig., § 7394; Pope's Dig., § 9451; A.S.A. 1947, § 51-1019; Acts 1995, No. 1025, § 6.
Ark. Code Ann. § 18-15-913 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-913
Public entry, use, and occupation upon order of payment
Status: in_force

In all cases in which damages for land proposed to be taken for the establishment of a public landing have been assessed in the manner provided in this subchapter and an order has been made for the payment to the owners of the amount so assessed, then it shall and may be lawful for the public to enter upon, use, and occupy the landing as a public landing. Acts 1909, No. 307, § 16, p. 916; C. & M. Dig., § 4073; Pope's Dig., § 5076; A.S.A. 1947, § 35-1016.

In all cases in which damages for land proposed to be taken for the establishment of a public landing have been assessed in the manner provided in this subchapter and an order has been made for the payment to the owners of the amount so assessed, then it shall and may be lawful for the public to enter upon, use, and occupy the landing as a public landing.

Acts 1909, No. 307, § 16, p. 916; C. & M. Dig., § 4073; Pope's Dig., § 5076; A.S.A. 1947, § 35-1016.
Ark. Code Ann. § 18-44-125 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-125
Court orders
Status: in_force

The court shall make orders in the case as will protect and enforce the rights of all interested therein. Acts 1895, No. 146, § 20, p. 217; C. & M. Dig., § 6930; Pope's Dig., § 8892; A.S.A. 1947, § 51-620.

The court shall make orders in the case as will protect and enforce the rights of all interested therein.

Acts 1895, No. 146, § 20, p. 217; C. & M. Dig., § 6930; Pope's Dig., § 8892; A.S.A. 1947, § 51-620.
Ark. Code Ann. § 18-60-425 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-425
Sale of improved land where infant or individual with mental illness coparcener, etc
Status: in_force

(a) When town or city lots, or land outside of a town or city, but having upon it a building of more value than the land, shall be held by, or in trust, for coparceners, joint tenants, or tenants in common, some of whom are infants or persons of unsound mind, the circuit court, or other court of similar jurisdiction, may, upon the complaint of a part of the owners against the others, of the trustee against the owner, or of the owners against the trustee, and upon its being proved that a division of the land would materially impair its value, order a sale thereof and the division of the proceeds among those entitled. (b) (1) Before the sale is ordered, the court shall appoint some suitable persons to take care of the interests of the infants or individuals with mental illness. (2) The shares of the infants or individuals with mental illness shall not be paid by the purchaser, but remain a lien upon the land, bearing interest, until they become capable in law of receiving their respective shares or until statutory guardians shall be appointed for the infants or individuals with mental illness, or the infants shall become married. (3) The guardians shall give bond as required by law. Civil Code, § 535; C. & M. Dig., § 8124; Pope's Dig., § 10546; A.S.A. 1947, § 34-1836.

(a) When town or city lots, or land outside of a town or city, but having upon it a building of more value than the land, shall be held by, or in trust, for coparceners, joint tenants, or tenants in common, some of whom are infants or persons of unsound mind, the circuit court, or other court of similar jurisdiction, may, upon the complaint of a part of the owners against the others, of the trustee against the owner, or of the owners against the trustee, and upon its being proved that a division of the land would materially impair its value, order a sale thereof and the division of the proceeds among those entitled.

(b) (1) Before the sale is ordered, the court shall appoint some suitable persons to take care of the interests of the infants or individuals with mental illness. (2) The shares of the infants or individuals with mental illness shall not be paid by the purchaser, but remain a lien upon the land, bearing interest, until they become capable in law of receiving their respective shares or until statutory guardians shall be appointed for the infants or individuals with mental illness, or the infants shall become married. (3) The guardians shall give bond as required by law.

(1) Before the sale is ordered, the court shall appoint some suitable persons to take care of the interests of the infants or individuals with mental illness.

(2) The shares of the infants or individuals with mental illness shall not be paid by the purchaser, but remain a lien upon the land, bearing interest, until they become capable in law of receiving their respective shares or until statutory guardians shall be appointed for the infants or individuals with mental illness, or the infants shall become married.

(3) The guardians shall give bond as required by law.

Civil Code, § 535; C. & M. Dig., § 8124; Pope's Dig., § 10546; A.S.A. 1947, § 34-1836.
Ark. Code Ann. § 18-15-911 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-911
Order to open and maintain landing
Status: in_force

After any public landing as provided in this subchapter has been established and declared to be a public landing, the county court shall cause an order to be issued to the overseer of the road district in which the landing is located to open and maintain the landing as a public landing. Acts 1909, No. 307, § 13, p. 916; C. & M. Dig., § 4070; Pope's Dig., § 5073; A.S.A. 1947, § 35-1013.

After any public landing as provided in this subchapter has been established and declared to be a public landing, the county court shall cause an order to be issued to the overseer of the road district in which the landing is located to open and maintain the landing as a public landing.

Acts 1909, No. 307, § 13, p. 916; C. & M. Dig., § 4070; Pope's Dig., § 5073; A.S.A. 1947, § 35-1013.
Ark. Code Ann. § 18-28-201 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-201
Definitions
Status: in_force

In this subchapter: (1) "Administrator" means the Auditor of State. (2) "Apparent owner" means a person whose name appears on the records of a holder as the person entitled to property held, issued, or owing by the holder. (3) "Business association" means a corporation, joint stock company, investment company, partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, land bank, safe deposit company, safekeeping depository, financial organization, insurance company, mutual fund, utility, or other business entity consisting of one (1) or more persons, whether or not for profit. (4) "Domicile" means the state of incorporation of a corporation and the state of the principal place of business of a holder other than a corporation. (5) "Financial organization" means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization, or credit union. (6) "Holder" means a person obligated to hold for the account of, or deliver or pay to, the owner property that is subject to this subchapter. (7) "Insurance company" means an association, corporation, or fraternal or mutual benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection, and workers' compensation insurance. (8) "Mineral" means gas; oil; coal; other gaseous, liquid, and solid hydrocarbons; oil shale; cement material; sand and gravel; road material; building stone; chemical raw material; gemstone; fissionable and nonfissionable ores; colloidal and other clay; steam and other geothermal resource; or any other substance defined as a mineral by the law of this state. (9) "Mineral proceeds" means amounts payable for the extraction, production, or sale of minerals, or, upon the abandonment of those payments, all payments that become payable thereafter. The term includes amounts payable: (i) for the acquisition and retention of a mineral lease, including bonuses, royalties, compensatory royalties, shut-in royalties, minimum royalties, and delay rentals; (ii) for the extraction, production, or sale of minerals, including net revenue interests, royalties, overriding royalties, extraction payments, and production payments; and (iii) under an agreement or option, including a joint operating agreement, unit agreement, pooling agreement, and farm-out agreement. (10) "Money order" includes an express money order and a personal money order, on which the remitter is the purchaser. The term does not include a bank money order or any other instrument sold by a financial organization if the seller has obtained the name and address of the payee. (11) "Owner" means a person who has a legal or equitable interest in property subject to this subchapter or the person's legal representative. The term includes a depositor in the case of a deposit, a beneficiary in the case of a trust other than a deposit in trust, and a creditor, claimant, or payee in the case of other property. (12) "Person" means an individual, business association, financial organization, estate, trust, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (13) (A) "Property" means tangible property described in § 18-28-203 or a fixed and certain interest in intangible property that is held, issued, or owed in the course of a holder's business, or by a government, governmental subdivision, agency, or instrumentality, and all income or increments therefrom. The term includes property that is referred to as or evidenced by: (i) Money, a check, draft, deposit, interest, or dividend; (ii) Credit balance, customer's overpayment, security deposit, refund, credit memorandum, unpaid wage, unused ticket, mineral proceeds, or unidentified remittance; (iii) Stock or other evidence of ownership of an interest in a business association or financial organization; (iv) A bond, debenture, note, or other evidence of indebtedness; (v) Money deposited to redeem stocks, bonds, coupons, or other securities or to make distributions; (vi) An amount due and payable under the terms of an annuity or insurance policy, including policies providing life insurance, property and casualty insurance, workers' compensation insurance, or health and disability insurance; and (vii) An amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits. (B) "Property" does not include: (i) gift certificates, gift cards, in-store merchandise credits, or layaway accounts issued or maintained by a person in the business of selling tangible personal property at retail; (ii) a patronage dividend, capital credit, customer deposit, or nonnegotiated payment check that does not exceed one hundred dollars ($100) held or owing by an agricultural farm supply cooperative association organized under the laws of this state; or (iii) funds distributable from a trust or custodial account established by a State of Arkansas-supported retirement system administered by an agency of the State of Arkansas under a plan to provide a defined benefit pension plan that is qualified for tax deferral under the income tax laws of the state. (14) "Record" 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. (15) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. (16) "Utility" means persons and corporations, or their lessees, trustees, and receivers, owning or operating in this state equipment or facilities as provided in § 23-1-101 . Amended by Act 2013, No. 86,§ 1, eff. 8/16/2013. Acts 1999, No. 850, § 1; 2009, No. 1174, § 1.

In this subchapter:

(1) "Administrator" means the Auditor of State.

(2) "Apparent owner" means a person whose name appears on the records of a holder as the person entitled to property held, issued, or owing by the holder.

(3) "Business association" means a corporation, joint stock company, investment company, partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, land bank, safe deposit company, safekeeping depository, financial organization, insurance company, mutual fund, utility, or other business entity consisting of one (1) or more persons, whether or not for profit.

(4) "Domicile" means the state of incorporation of a corporation and the state of the principal place of business of a holder other than a corporation.

(5) "Financial organization" means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization, or credit union.

(6) "Holder" means a person obligated to hold for the account of, or deliver or pay to, the owner property that is subject to this subchapter.

(7) "Insurance company" means an association, corporation, or fraternal or mutual benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection, and workers' compensation insurance.

(8) "Mineral" means gas; oil; coal; other gaseous, liquid, and solid hydrocarbons; oil shale; cement material; sand and gravel; road material; building stone; chemical raw material; gemstone; fissionable and nonfissionable ores; colloidal and other clay; steam and other geothermal resource; or any other substance defined as a mineral by the law of this state.

(9) "Mineral proceeds" means amounts payable for the extraction, production, or sale of minerals, or, upon the abandonment of those payments, all payments that become payable thereafter. The term includes amounts payable: (i) for the acquisition and retention of a mineral lease, including bonuses, royalties, compensatory royalties, shut-in royalties, minimum royalties, and delay rentals; (ii) for the extraction, production, or sale of minerals, including net revenue interests, royalties, overriding royalties, extraction payments, and production payments; and (iii) under an agreement or option, including a joint operating agreement, unit agreement, pooling agreement, and farm-out agreement.

(i) for the acquisition and retention of a mineral lease, including bonuses, royalties, compensatory royalties, shut-in royalties, minimum royalties, and delay rentals;

(ii) for the extraction, production, or sale of minerals, including net revenue interests, royalties, overriding royalties, extraction payments, and production payments; and

(iii) under an agreement or option, including a joint operating agreement, unit agreement, pooling agreement, and farm-out agreement.

(10) "Money order" includes an express money order and a personal money order, on which the remitter is the purchaser. The term does not include a bank money order or any other instrument sold by a financial organization if the seller has obtained the name and address of the payee.

(11) "Owner" means a person who has a legal or equitable interest in property subject to this subchapter or the person's legal representative. The term includes a depositor in the case of a deposit, a beneficiary in the case of a trust other than a deposit in trust, and a creditor, claimant, or payee in the case of other property.

(12) "Person" means an individual, business association, financial organization, estate, trust, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(13) (A) "Property" means tangible property described in § 18-28-203 or a fixed and certain interest in intangible property that is held, issued, or owed in the course of a holder's business, or by a government, governmental subdivision, agency, or instrumentality, and all income or increments therefrom. The term includes property that is referred to as or evidenced by: (i) Money, a check, draft, deposit, interest, or dividend; (ii) Credit balance, customer's overpayment, security deposit, refund, credit memorandum, unpaid wage, unused ticket, mineral proceeds, or unidentified remittance; (iii) Stock or other evidence of ownership of an interest in a business association or financial organization; (iv) A bond, debenture, note, or other evidence of indebtedness; (v) Money deposited to redeem stocks, bonds, coupons, or other securities or to make distributions; (vi) An amount due and payable under the terms of an annuity or insurance policy, including policies providing life insurance, property and casualty insurance, workers' compensation insurance, or health and disability insurance; and (vii) An amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits. (B) "Property" does not include: (i) gift certificates, gift cards, in-store merchandise credits, or layaway accounts issued or maintained by a person in the business of selling tangible personal property at retail; (ii) a patronage dividend, capital credit, customer deposit, or nonnegotiated payment check that does not exceed one hundred dollars ($100) held or owing by an agricultural farm supply cooperative association organized under the laws of this state; or (iii) funds distributable from a trust or custodial account established by a State of Arkansas-supported retirement system administered by an agency of the State of Arkansas under a plan to provide a defined benefit pension plan that is qualified for tax deferral under the income tax laws of the state.

(A) "Property" means tangible property described in § 18-28-203 or a fixed and certain interest in intangible property that is held, issued, or owed in the course of a holder's business, or by a government, governmental subdivision, agency, or instrumentality, and all income or increments therefrom. The term includes property that is referred to as or evidenced by: (i) Money, a check, draft, deposit, interest, or dividend; (ii) Credit balance, customer's overpayment, security deposit, refund, credit memorandum, unpaid wage, unused ticket, mineral proceeds, or unidentified remittance; (iii) Stock or other evidence of ownership of an interest in a business association or financial organization; (iv) A bond, debenture, note, or other evidence of indebtedness; (v) Money deposited to redeem stocks, bonds, coupons, or other securities or to make distributions; (vi) An amount due and payable under the terms of an annuity or insurance policy, including policies providing life insurance, property and casualty insurance, workers' compensation insurance, or health and disability insurance; and (vii) An amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits.

(i) Money, a check, draft, deposit, interest, or dividend;

(ii) Credit balance, customer's overpayment, security deposit, refund, credit memorandum, unpaid wage, unused ticket, mineral proceeds, or unidentified remittance;

(iii) Stock or other evidence of ownership of an interest in a business association or financial organization;

(iv) A bond, debenture, note, or other evidence of indebtedness;

(v) Money deposited to redeem stocks, bonds, coupons, or other securities or to make distributions;

(vi) An amount due and payable under the terms of an annuity or insurance policy, including policies providing life insurance, property and casualty insurance, workers' compensation insurance, or health and disability insurance; and

(vii) An amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits.

(B) "Property" does not include: (i) gift certificates, gift cards, in-store merchandise credits, or layaway accounts issued or maintained by a person in the business of selling tangible personal property at retail; (ii) a patronage dividend, capital credit, customer deposit, or nonnegotiated payment check that does not exceed one hundred dollars ($100) held or owing by an agricultural farm supply cooperative association organized under the laws of this state; or (iii) funds distributable from a trust or custodial account established by a State of Arkansas-supported retirement system administered by an agency of the State of Arkansas under a plan to provide a defined benefit pension plan that is qualified for tax deferral under the income tax laws of the state.

(i) gift certificates, gift cards, in-store merchandise credits, or layaway accounts issued or maintained by a person in the business of selling tangible personal property at retail;

(ii) a patronage dividend, capital credit, customer deposit, or nonnegotiated payment check that does not exceed one hundred dollars ($100) held or owing by an agricultural farm supply cooperative association organized under the laws of this state; or

(iii) funds distributable from a trust or custodial account established by a State of Arkansas-supported retirement system administered by an agency of the State of Arkansas under a plan to provide a defined benefit pension plan that is qualified for tax deferral under the income tax laws of the state.

(14) "Record" 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.

(15) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.

(16) "Utility" means persons and corporations, or their lessees, trustees, and receivers, owning or operating in this state equipment or facilities as provided in § 23-1-101 .

Amended by Act 2013, No. 86,§ 1, eff. 8/16/2013.

Acts 1999, No. 850, § 1; 2009, No. 1174, § 1.
Ark. Code Ann. § 18-44-115 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-115
Notice to owner by contractor - Definitions
Status: in_force

(a) (1) No lien upon residential real estate containing four (4) or fewer units may be acquired by virtue of this subchapter unless the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent has received, by personal delivery or by certified mail, a copy of the notice set out in this subsection. (2) The notice required by this subsection shall not require the signature of the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent in an instance when the notice is delivered by certified mail. (3) It shall be the duty of the residential contractor to give the owner, the owner's authorized agent, or the owner's registered agent the notice set out in this subsection on behalf of all potential lien claimants before the commencement of work. (4) If a residential contractor fails to give the notice required under this subsection, then the residential contractor may not avail himself or herself of the benefit of the lien provided for in this subchapter. (5) (A) Any potential lien claimant may also give notice. (B) (i) If before commencing work or supplying goods a subcontractor, material supplier, laborer, or other lien claimant gives notice under this section, the notice shall be effective for all subcontractors, material suppliers, laborers, and other lien claimants not withstanding that the notice was given after the project commences as defined under § 18-44-110(a)(2) . (ii) If the notice relied upon by a lien claimant to establish a lien under this subchapter is given by another lien claimant under subdivision (a)(5)(B)(i) of this section after the project commences, the lien of the lien claimant shall secure only the labor, material, and services supplied after the effective date of the notice under subdivision (a)(5)(B)(i) of this section. (C) However, no lien may be claimed by any subcontractor, laborer, material supplier, or other lien claimant unless the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent has received at least one (1) copy of the notice, which need not have been given by the particular lien claimant. (6) A residential contractor who fails to give the notice required by this subsection is guilty of a violation pursuant to § 5-1-108 and upon pleading guilty or nolo contendere to or being found guilty of failing to give the notice required by this subsection shall be punished by a fine not exceeding one thousand dollars ($1,000). (7) The notice set forth in this subsection may be incorporated into the contract or affixed to the contract and shall be conspicuous, set out in boldface type, worded exactly as stated in all capital letters, and shall read as follows: Click here to view form. (8) (A) If the residential contractor supplies a performance and payment bond or if the transaction is a direct sale to the property owner, the notice requirement of this subsection shall not apply, and the lien rights arising under this subchapter shall not be conditioned on the delivery and execution of the notice. (B) A sale shall be a direct sale only if: (i) The property owner orders materials or services from the lien claimant; and (ii) The lien claimant is not a home improvement contractor as defined by § 17-25-502(1) or a residential building contractor as defined by § 17-25-502(2) . (b) (1) (A) The General Assembly finds that owners and developers of commercial real estate are generally knowledgeable and sophisticated in construction law, are aware that unpaid laborers, subcontractors, and material suppliers are entitled to assert liens against the real estate if unpaid, and know how to protect themselves against the imposition of mechanics' and material suppliers' liens. (B) The General Assembly further finds that consumers who construct or improve residential real estate containing four (4) or fewer units generally do not possess the same level of knowledge and awareness and need to be informed of their rights and responsibilities. (2) As used in this subsection: (A) "Commercial real estate" means: (i) Nonresidential real estate; and (ii) Residential real estate containing five (5) or more units; and (B) "Service provider" means an architect, an engineer, a surveyor, an appraiser, a landscaper, an abstractor, or a title insurance agent. (3) Because supplying the notice specified in subsection (a) of this section imposes a substantial burden on laborers, subcontractors, service providers, and material suppliers, the notice requirement mandated under subsection (a) of this section as a condition precedent to the imposition of a lien by a laborer, subcontractor, service provider, or material supplier shall apply only to construction of or improvement to residential real estate containing four (4) or fewer units. (4) No subcontractor, service provider, material supplier, or laborer shall be entitled to a lien upon commercial real estate unless the subcontractor, service provider, material supplier, or laborer notifies the owner of the commercial real estate being constructed or improved, the owner's authorized agent, or the owner's registered agent in writing that the subcontractor, service provider, material supplier, or laborer is currently entitled to payment but has not been paid. (5) (A) The notice shall be sent to the owner, the owner's authorized agent, or the owner's registered agent and to the contractor before seventy-five (75) days have elapsed from the time that the labor was supplied or the materials furnished. (B) The notice may be served by any: (i) Officer authorized by law to serve process in civil actions; (ii) Form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or (iii) Means that provides written, third-party verification of delivery at any place where the owner, the owner's registered agent, or the owner's authorized agent maintains an office, conducts business, or resides. (C) When served by mail, the notice shall be complete when mailed. (D) If delivery of the mailed notice is refused by the addressee or the item is unclaimed: (i) The lien claimant shall immediately send the owner, the owner's authorized agent, or the owner's registered agent a copy of the notice by first class mail; and (ii) The unopened original of the item marked unclaimed or refused by the United States Postal Service shall be accepted as proof of service as of the postmarked date of the item. (6) The notice shall contain the following information: (A) A general description of the labor, service, or materials furnished, and the amount due and unpaid; (B) The name and address of the person furnishing the labor, service, or materials; (C) The name of the person who contracted for purchase of the labor, service, or materials; (D) A description of the job site sufficient for identification; and (E) The following statement set out in boldface type and all capital letters: Click here to view form. Amended by Act 2021, No. 984,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 808,§ 1, eff. 8/1/2017. Acts 1979, No. 746, §§ 1-5; 1981, No. 669, § 1; 1983, No. 304, § 1; A.S.A. 1947, §§ 51-608.1 -- 51-608.6; Acts 1995, No. 1298, § 7; 2005, No. 1994, § 98; 2005, No. 2287, § 3; 2009, No. 454, § 3; 2011, No. 271, § 5.

(a) (1) No lien upon residential real estate containing four (4) or fewer units may be acquired by virtue of this subchapter unless the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent has received, by personal delivery or by certified mail, a copy of the notice set out in this subsection. (2) The notice required by this subsection shall not require the signature of the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent in an instance when the notice is delivered by certified mail. (3) It shall be the duty of the residential contractor to give the owner, the owner's authorized agent, or the owner's registered agent the notice set out in this subsection on behalf of all potential lien claimants before the commencement of work. (4) If a residential contractor fails to give the notice required under this subsection, then the residential contractor may not avail himself or herself of the benefit of the lien provided for in this subchapter. (5) (A) Any potential lien claimant may also give notice. (B) (i) If before commencing work or supplying goods a subcontractor, material supplier, laborer, or other lien claimant gives notice under this section, the notice shall be effective for all subcontractors, material suppliers, laborers, and other lien claimants not withstanding that the notice was given after the project commences as defined under § 18-44-110(a)(2) . (ii) If the notice relied upon by a lien claimant to establish a lien under this subchapter is given by another lien claimant under subdivision (a)(5)(B)(i) of this section after the project commences, the lien of the lien claimant shall secure only the labor, material, and services supplied after the effective date of the notice under subdivision (a)(5)(B)(i) of this section. (C) However, no lien may be claimed by any subcontractor, laborer, material supplier, or other lien claimant unless the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent has received at least one (1) copy of the notice, which need not have been given by the particular lien claimant. (6) A residential contractor who fails to give the notice required by this subsection is guilty of a violation pursuant to § 5-1-108 and upon pleading guilty or nolo contendere to or being found guilty of failing to give the notice required by this subsection shall be punished by a fine not exceeding one thousand dollars ($1,000). (7) The notice set forth in this subsection may be incorporated into the contract or affixed to the contract and shall be conspicuous, set out in boldface type, worded exactly as stated in all capital letters, and shall read as follows: Click here to view form. (8) (A) If the residential contractor supplies a performance and payment bond or if the transaction is a direct sale to the property owner, the notice requirement of this subsection shall not apply, and the lien rights arising under this subchapter shall not be conditioned on the delivery and execution of the notice. (B) A sale shall be a direct sale only if: (i) The property owner orders materials or services from the lien claimant; and (ii) The lien claimant is not a home improvement contractor as defined by § 17-25-502(1) or a residential building contractor as defined by § 17-25-502(2) .

(1) No lien upon residential real estate containing four (4) or fewer units may be acquired by virtue of this subchapter unless the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent has received, by personal delivery or by certified mail, a copy of the notice set out in this subsection.

(2) The notice required by this subsection shall not require the signature of the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent in an instance when the notice is delivered by certified mail.

(3) It shall be the duty of the residential contractor to give the owner, the owner's authorized agent, or the owner's registered agent the notice set out in this subsection on behalf of all potential lien claimants before the commencement of work.

(4) If a residential contractor fails to give the notice required under this subsection, then the residential contractor may not avail himself or herself of the benefit of the lien provided for in this subchapter.

(5) (A) Any potential lien claimant may also give notice. (B) (i) If before commencing work or supplying goods a subcontractor, material supplier, laborer, or other lien claimant gives notice under this section, the notice shall be effective for all subcontractors, material suppliers, laborers, and other lien claimants not withstanding that the notice was given after the project commences as defined under § 18-44-110(a)(2) . (ii) If the notice relied upon by a lien claimant to establish a lien under this subchapter is given by another lien claimant under subdivision (a)(5)(B)(i) of this section after the project commences, the lien of the lien claimant shall secure only the labor, material, and services supplied after the effective date of the notice under subdivision (a)(5)(B)(i) of this section. (C) However, no lien may be claimed by any subcontractor, laborer, material supplier, or other lien claimant unless the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent has received at least one (1) copy of the notice, which need not have been given by the particular lien claimant.

(A) Any potential lien claimant may also give notice.

(B) (i) If before commencing work or supplying goods a subcontractor, material supplier, laborer, or other lien claimant gives notice under this section, the notice shall be effective for all subcontractors, material suppliers, laborers, and other lien claimants not withstanding that the notice was given after the project commences as defined under § 18-44-110(a)(2) . (ii) If the notice relied upon by a lien claimant to establish a lien under this subchapter is given by another lien claimant under subdivision (a)(5)(B)(i) of this section after the project commences, the lien of the lien claimant shall secure only the labor, material, and services supplied after the effective date of the notice under subdivision (a)(5)(B)(i) of this section.

(i) If before commencing work or supplying goods a subcontractor, material supplier, laborer, or other lien claimant gives notice under this section, the notice shall be effective for all subcontractors, material suppliers, laborers, and other lien claimants not withstanding that the notice was given after the project commences as defined under § 18-44-110(a)(2) .

(ii) If the notice relied upon by a lien claimant to establish a lien under this subchapter is given by another lien claimant under subdivision (a)(5)(B)(i) of this section after the project commences, the lien of the lien claimant shall secure only the labor, material, and services supplied after the effective date of the notice under subdivision (a)(5)(B)(i) of this section.

(C) However, no lien may be claimed by any subcontractor, laborer, material supplier, or other lien claimant unless the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent has received at least one (1) copy of the notice, which need not have been given by the particular lien claimant.

(6) A residential contractor who fails to give the notice required by this subsection is guilty of a violation pursuant to § 5-1-108 and upon pleading guilty or nolo contendere to or being found guilty of failing to give the notice required by this subsection shall be punished by a fine not exceeding one thousand dollars ($1,000).

(7) The notice set forth in this subsection may be incorporated into the contract or affixed to the contract and shall be conspicuous, set out in boldface type, worded exactly as stated in all capital letters, and shall read as follows: Click here to view form.

Click here to view form.

(8) (A) If the residential contractor supplies a performance and payment bond or if the transaction is a direct sale to the property owner, the notice requirement of this subsection shall not apply, and the lien rights arising under this subchapter shall not be conditioned on the delivery and execution of the notice. (B) A sale shall be a direct sale only if: (i) The property owner orders materials or services from the lien claimant; and (ii) The lien claimant is not a home improvement contractor as defined by § 17-25-502(1) or a residential building contractor as defined by § 17-25-502(2) .

(A) If the residential contractor supplies a performance and payment bond or if the transaction is a direct sale to the property owner, the notice requirement of this subsection shall not apply, and the lien rights arising under this subchapter shall not be conditioned on the delivery and execution of the notice.

(B) A sale shall be a direct sale only if: (i) The property owner orders materials or services from the lien claimant; and (ii) The lien claimant is not a home improvement contractor as defined by § 17-25-502(1) or a residential building contractor as defined by § 17-25-502(2) .

(i) The property owner orders materials or services from the lien claimant; and

(ii) The lien claimant is not a home improvement contractor as defined by § 17-25-502(1) or a residential building contractor as defined by § 17-25-502(2) .

(b) (1) (A) The General Assembly finds that owners and developers of commercial real estate are generally knowledgeable and sophisticated in construction law, are aware that unpaid laborers, subcontractors, and material suppliers are entitled to assert liens against the real estate if unpaid, and know how to protect themselves against the imposition of mechanics' and material suppliers' liens. (B) The General Assembly further finds that consumers who construct or improve residential real estate containing four (4) or fewer units generally do not possess the same level of knowledge and awareness and need to be informed of their rights and responsibilities. (2) As used in this subsection: (A) "Commercial real estate" means: (i) Nonresidential real estate; and (ii) Residential real estate containing five (5) or more units; and (B) "Service provider" means an architect, an engineer, a surveyor, an appraiser, a landscaper, an abstractor, or a title insurance agent. (3) Because supplying the notice specified in subsection (a) of this section imposes a substantial burden on laborers, subcontractors, service providers, and material suppliers, the notice requirement mandated under subsection (a) of this section as a condition precedent to the imposition of a lien by a laborer, subcontractor, service provider, or material supplier shall apply only to construction of or improvement to residential real estate containing four (4) or fewer units. (4) No subcontractor, service provider, material supplier, or laborer shall be entitled to a lien upon commercial real estate unless the subcontractor, service provider, material supplier, or laborer notifies the owner of the commercial real estate being constructed or improved, the owner's authorized agent, or the owner's registered agent in writing that the subcontractor, service provider, material supplier, or laborer is currently entitled to payment but has not been paid. (5) (A) The notice shall be sent to the owner, the owner's authorized agent, or the owner's registered agent and to the contractor before seventy-five (75) days have elapsed from the time that the labor was supplied or the materials furnished. (B) The notice may be served by any: (i) Officer authorized by law to serve process in civil actions; (ii) Form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or (iii) Means that provides written, third-party verification of delivery at any place where the owner, the owner's registered agent, or the owner's authorized agent maintains an office, conducts business, or resides. (C) When served by mail, the notice shall be complete when mailed. (D) If delivery of the mailed notice is refused by the addressee or the item is unclaimed: (i) The lien claimant shall immediately send the owner, the owner's authorized agent, or the owner's registered agent a copy of the notice by first class mail; and (ii) The unopened original of the item marked unclaimed or refused by the United States Postal Service shall be accepted as proof of service as of the postmarked date of the item. (6) The notice shall contain the following information: (A) A general description of the labor, service, or materials furnished, and the amount due and unpaid; (B) The name and address of the person furnishing the labor, service, or materials; (C) The name of the person who contracted for purchase of the labor, service, or materials; (D) A description of the job site sufficient for identification; and (E) The following statement set out in boldface type and all capital letters: Click here to view form.

(1) (A) The General Assembly finds that owners and developers of commercial real estate are generally knowledgeable and sophisticated in construction law, are aware that unpaid laborers, subcontractors, and material suppliers are entitled to assert liens against the real estate if unpaid, and know how to protect themselves against the imposition of mechanics' and material suppliers' liens. (B) The General Assembly further finds that consumers who construct or improve residential real estate containing four (4) or fewer units generally do not possess the same level of knowledge and awareness and need to be informed of their rights and responsibilities.

(A) The General Assembly finds that owners and developers of commercial real estate are generally knowledgeable and sophisticated in construction law, are aware that unpaid laborers, subcontractors, and material suppliers are entitled to assert liens against the real estate if unpaid, and know how to protect themselves against the imposition of mechanics' and material suppliers' liens.

(B) The General Assembly further finds that consumers who construct or improve residential real estate containing four (4) or fewer units generally do not possess the same level of knowledge and awareness and need to be informed of their rights and responsibilities.

(2) As used in this subsection: (A) "Commercial real estate" means: (i) Nonresidential real estate; and (ii) Residential real estate containing five (5) or more units; and (B) "Service provider" means an architect, an engineer, a surveyor, an appraiser, a landscaper, an abstractor, or a title insurance agent.

(A) "Commercial real estate" means: (i) Nonresidential real estate; and (ii) Residential real estate containing five (5) or more units; and

(i) Nonresidential real estate; and

(ii) Residential real estate containing five (5) or more units; and

(B) "Service provider" means an architect, an engineer, a surveyor, an appraiser, a landscaper, an abstractor, or a title insurance agent.

(3) Because supplying the notice specified in subsection (a) of this section imposes a substantial burden on laborers, subcontractors, service providers, and material suppliers, the notice requirement mandated under subsection (a) of this section as a condition precedent to the imposition of a lien by a laborer, subcontractor, service provider, or material supplier shall apply only to construction of or improvement to residential real estate containing four (4) or fewer units.

(4) No subcontractor, service provider, material supplier, or laborer shall be entitled to a lien upon commercial real estate unless the subcontractor, service provider, material supplier, or laborer notifies the owner of the commercial real estate being constructed or improved, the owner's authorized agent, or the owner's registered agent in writing that the subcontractor, service provider, material supplier, or laborer is currently entitled to payment but has not been paid.

(5) (A) The notice shall be sent to the owner, the owner's authorized agent, or the owner's registered agent and to the contractor before seventy-five (75) days have elapsed from the time that the labor was supplied or the materials furnished. (B) The notice may be served by any: (i) Officer authorized by law to serve process in civil actions; (ii) Form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or (iii) Means that provides written, third-party verification of delivery at any place where the owner, the owner's registered agent, or the owner's authorized agent maintains an office, conducts business, or resides. (C) When served by mail, the notice shall be complete when mailed. (D) If delivery of the mailed notice is refused by the addressee or the item is unclaimed: (i) The lien claimant shall immediately send the owner, the owner's authorized agent, or the owner's registered agent a copy of the notice by first class mail; and (ii) The unopened original of the item marked unclaimed or refused by the United States Postal Service shall be accepted as proof of service as of the postmarked date of the item.

(A) The notice shall be sent to the owner, the owner's authorized agent, or the owner's registered agent and to the contractor before seventy-five (75) days have elapsed from the time that the labor was supplied or the materials furnished.

(B) The notice may be served by any: (i) Officer authorized by law to serve process in civil actions; (ii) Form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or (iii) Means that provides written, third-party verification of delivery at any place where the owner, the owner's registered agent, or the owner's authorized agent maintains an office, conducts business, or resides.

(i) Officer authorized by law to serve process in civil actions;

(ii) Form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or

(iii) Means that provides written, third-party verification of delivery at any place where the owner, the owner's registered agent, or the owner's authorized agent maintains an office, conducts business, or resides.

(C) When served by mail, the notice shall be complete when mailed.

(D) If delivery of the mailed notice is refused by the addressee or the item is unclaimed: (i) The lien claimant shall immediately send the owner, the owner's authorized agent, or the owner's registered agent a copy of the notice by first class mail; and (ii) The unopened original of the item marked unclaimed or refused by the United States Postal Service shall be accepted as proof of service as of the postmarked date of the item.

(i) The lien claimant shall immediately send the owner, the owner's authorized agent, or the owner's registered agent a copy of the notice by first class mail; and

(ii) The unopened original of the item marked unclaimed or refused by the United States Postal Service shall be accepted as proof of service as of the postmarked date of the item.

(6) The notice shall contain the following information: (A) A general description of the labor, service, or materials furnished, and the amount due and unpaid; (B) The name and address of the person furnishing the labor, service, or materials; (C) The name of the person who contracted for purchase of the labor, service, or materials; (D) A description of the job site sufficient for identification; and (E) The following statement set out in boldface type and all capital letters: Click here to view form.

(A) A general description of the labor, service, or materials furnished, and the amount due and unpaid;

(B) The name and address of the person furnishing the labor, service, or materials;

(C) The name of the person who contracted for purchase of the labor, service, or materials;

(D) A description of the job site sufficient for identification; and

(E) The following statement set out in boldface type and all capital letters: Click here to view form.

Click here to view form.

Amended by Act 2021, No. 984,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 808,§ 1, eff. 8/1/2017.

Acts 1979, No. 746, §§ 1-5; 1981, No. 669, § 1; 1983, No. 304, § 1; A.S.A. 1947, §§ 51-608.1 -- 51-608.6; Acts 1995, No. 1298, § 7; 2005, No. 1994, § 98; 2005, No. 2287, § 3; 2009, No. 454, § 3; 2011, No. 271, § 5.

44_115_1 - Attachment

44_115_2 - Attachment
Ark. Code Ann. § 18-48-604 — AR Code / Title 18 / Chapter 48 / Subchapter 6 / Section 18-48-604
Restrictions on persons in charge of cemeteries
Status: in_force

(a) The superintendent, or other person in charge of a cemetery or burial ground, shall not permit the removal, alteration, or inscription of a monument, gravestone, enclosure, or other structure against which a lien exists after the notice of the lien has been filed and served as prescribed in this subchapter, except pursuant to the terms of a judgment recovered in an action brought to enforce the lien. (b) No officer of a cemetery association, or other person connected with a cemetery or burial ground, shall hinder or obstruct the removal in a proper manner of any monument, gravestone, enclosure, or other structure pursuant to the terms of the judgment. Acts 1959, No. 109, § 3; A.S.A. 1947, § 51-932.

(a) The superintendent, or other person in charge of a cemetery or burial ground, shall not permit the removal, alteration, or inscription of a monument, gravestone, enclosure, or other structure against which a lien exists after the notice of the lien has been filed and served as prescribed in this subchapter, except pursuant to the terms of a judgment recovered in an action brought to enforce the lien.

(b) No officer of a cemetery association, or other person connected with a cemetery or burial ground, shall hinder or obstruct the removal in a proper manner of any monument, gravestone, enclosure, or other structure pursuant to the terms of the judgment.

Acts 1959, No. 109, § 3; A.S.A. 1947, § 51-932.
Ark. Code Ann. § 18-44-304 — AR Code / Title 18 / Chapter 44 / Subchapter 3 / Section 18-44-304
Proceedings for establishment and enforcement
Status: in_force

(a) The lien created in this subchapter shall be construed, established, preserved, and enforced in like manner and in the same time as liens of mechanics are construed, established, preserved, or enforced. (b) When the trucks, teams, tractors, draglines, or other equipment, and labor are furnished and hauling done was entered under an open, running account, that shall be construed as a continuous contract, and the time within which the verified statement of the claim for lien shall be filed with the clerk of the circuit court shall be computed from the time when the last hauling or excavation work was in good faith performed. (c) When perfected in the manner set out in this subchapter, the lien provided for in this subchapter shall be held in law and equity as security for the entire open, running account, whether the account has been partially closed by note or not. Acts 1941, No. 71, § 3; A.S.A. 1947, § 51-713.

(a) The lien created in this subchapter shall be construed, established, preserved, and enforced in like manner and in the same time as liens of mechanics are construed, established, preserved, or enforced.

(b) When the trucks, teams, tractors, draglines, or other equipment, and labor are furnished and hauling done was entered under an open, running account, that shall be construed as a continuous contract, and the time within which the verified statement of the claim for lien shall be filed with the clerk of the circuit court shall be computed from the time when the last hauling or excavation work was in good faith performed.

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

Acts 1941, No. 71, § 3; A.S.A. 1947, § 51-713.
Ark. Code Ann. § 18-15-508 — AR Code / Title 18 / Chapter 15 / Subchapter 5 / Section 18-15-508
Deposit in case of controversy
Status: in_force

(a) When the determination of questions in controversy in the proceedings is likely to retard the progress of work on or the business of the electric utility, the court or judge in vacation shall designate an amount of money to be deposited by the electric utility, subject to the order of the court, and for the purpose of making compensation when the amount thereof has been assessed, as provided in § 18-15-507 , and the judge shall designate the place of deposit. (b) Whenever the deposit has been made in compliance with the order of the court or judge, it shall be lawful for the electric utility to enter upon the land and proceed with its work, through and over the lands in controversy, prior to the assessment and payment of damages for the use and right to be determined as provided in this section, §§ 18-15-501 - 18-15-507 , and § 18-15-509 . Amended by Act 2013, No. 1130,§ 7, eff. 8/16/2013. Acts 1907, No. 120, §§ 13, 14, p. 303; C. & M. Dig., §§ 4054, 4055; Pope's Dig., §§ 5056, 5057; A.S.A. 1947, §§ 35-313, 35-314; Acts 2001, No. 1291, § 7.

(a) When the determination of questions in controversy in the proceedings is likely to retard the progress of work on or the business of the electric utility, the court or judge in vacation shall designate an amount of money to be deposited by the electric utility, subject to the order of the court, and for the purpose of making compensation when the amount thereof has been assessed, as provided in § 18-15-507 , and the judge shall designate the place of deposit.

(b) Whenever the deposit has been made in compliance with the order of the court or judge, it shall be lawful for the electric utility to enter upon the land and proceed with its work, through and over the lands in controversy, prior to the assessment and payment of damages for the use and right to be determined as provided in this section, §§ 18-15-501 - 18-15-507 , and § 18-15-509 .

Amended by Act 2013, No. 1130,§ 7, eff. 8/16/2013.

Acts 1907, No. 120, §§ 13, 14, p. 303; C. & M. Dig., §§ 4054, 4055; Pope's Dig., §§ 5056, 5057; A.S.A. 1947, §§ 35-313, 35-314; Acts 2001, No. 1291, § 7.
Ark. Code Ann. § 18-29-202 — AR Code / Title 18 / Chapter 29 / Subchapter 2 / Section 18-29-202
Prohibited unused property sale items
Status: in_force

(a) No unused property merchant shall offer for sale at an unused property market or knowingly permit the sale of: (1) Baby food; (2) Infant formula; (3) Cosmetics or personal care products; or (4) Any nonprescription drug or medical device. (b) This section shall not apply to a person who keeps available for public inspection a written authorization identifying that person as an authorized representative of the manufacturer or distributor of the product, as long as the authorization is not false, fraudulent, or fraudulently obtained. Acts 1999, No. 1350, § 2.

(a) No unused property merchant shall offer for sale at an unused property market or knowingly permit the sale of: (1) Baby food; (2) Infant formula; (3) Cosmetics or personal care products; or (4) Any nonprescription drug or medical device.

(1) Baby food;

(2) Infant formula;

(3) Cosmetics or personal care products; or

(4) Any nonprescription drug or medical device.

(b) This section shall not apply to a person who keeps available for public inspection a written authorization identifying that person as an authorized representative of the manufacturer or distributor of the product, as long as the authorization is not false, fraudulent, or fraudulently obtained.

Acts 1999, No. 1350, § 2.
Ark. Code Ann. § 18-48-210 — AR Code / Title 18 / Chapter 48 / Subchapter 2 / Section 18-48-210
Methods of enforcement
Status: in_force

The lien may be enforced either by public sale as provided in §§ 18-48-211 and 18-48-212 or by suit filed in the circuit court of the county wherein the livestock on which the lien is attached is located, without regard as to the amount in controversy. Acts 1957, No. 311, § 5; A.S.A. 1947, § 51-921.

The lien may be enforced either by public sale as provided in §§ 18-48-211 and 18-48-212 or by suit filed in the circuit court of the county wherein the livestock on which the lien is attached is located, without regard as to the amount in controversy.

Acts 1957, No. 311, § 5; A.S.A. 1947, § 51-921.
Ark. Code Ann. § 18-15-701 — AR Code / Title 18 / Chapter 15 / Subchapter 7 / Section 18-15-701
Findings no bar to prosecution or action under other law - Exception
Status: in_force

The inquest of the jury or the order and permission of the court founded thereupon shall not bar any prosecution or action, which any person would have had in law, had this subchapter not been passed, except for such injuries as were actually foreseen and estimated by the jury. Rev. Stat., ch. 98, § 22; C. & M. Dig., § 3964; Pope's Dig., § 4966; A.S.A. 1947, § 35-522.

The inquest of the jury or the order and permission of the court founded thereupon shall not bar any prosecution or action, which any person would have had in law, had this subchapter not been passed, except for such injuries as were actually foreseen and estimated by the jury.

Rev. Stat., ch. 98, § 22; C. & M. Dig., § 3964; Pope's Dig., § 4966; A.S.A. 1947, § 35-522.
Ark. Code Ann. § 18-16-411 — AR Code / Title 18 / Chapter 16 / Subchapter 4 / Section 18-16-411
Conditions and limitations for imposing late fees
Status: in_force

(a) If the amount of a late fee and the conditions for imposing a late fee are stated in the rental agreement or in an addendum to the rental agreement, the operator may impose a late fee on the occupant for each month the occupant does not pay rent when due that does not exceed the greater of: (1) Thirty dollars ($30.00) per month; or (2) Twenty percent (20%) of the amount of monthly rent. (b) Expenses incurred as a result of rent collection or lien enforcement by an operator may be charged to the occupant in addition to the late fees permitted by this section. Added by Act 2013, No. 364,§ 3, eff. 8/16/2013.

(a) If the amount of a late fee and the conditions for imposing a late fee are stated in the rental agreement or in an addendum to the rental agreement, the operator may impose a late fee on the occupant for each month the occupant does not pay rent when due that does not exceed the greater of: (1) Thirty dollars ($30.00) per month; or (2) Twenty percent (20%) of the amount of monthly rent.

(1) Thirty dollars ($30.00) per month; or

(2) Twenty percent (20%) of the amount of monthly rent.

(b) Expenses incurred as a result of rent collection or lien enforcement by an operator may be charged to the occupant in addition to the late fees permitted by this section.

Added by Act 2013, No. 364,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 18-17-301 — AR Code / Title 18 / Chapter 17 / Subchapter 3 / Section 18-17-301
General definitions
Status: in_force

As used in this chapter: (1) "Action" means a recoupment, counterclaim, suit in equity, and any other proceeding in which rights are determined, including without limitation an action for possession; (2) "Building and housing codes" means any law, ordinance, or governmental regulation or rule concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises or dwelling unit; (3) (A) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household and includes landlord-owned mobile homes. (B) Property that is leased for the exclusive purpose of being renovated by the lessee is not considered a dwelling unit within the meaning of this chapter; (4) "Good faith" means honesty in fact in the conduct of the transaction concerned; (5) "Landlord" means the owner, lessor, or sublessor of the premises, and it also means a manager of the premises who fails to disclose as required by this chapter; (6) "Organization" means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity; (7) (A) "Owner" means one (1) or more persons, jointly or severally, in whom is vested all or part of: (i) The legal title to property; or (ii) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. (B) "Owner" includes, but is not limited to, a mortgagee in possession; (8) "Person" means an individual or organization; (9) "Premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant; (10) "Rent" means the consideration payable for use of the premises, including late charges whether payable in lump sum or periodic payments, excluding security deposits or other charges; (11) "Rental agreement" means all agreements, written or oral, and valid rules adopted under this chapter embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises; (12) "Roomer" means a person occupying a dwelling unit: (A) That does not include the following facilities provided by the landlord: (i) Toilet; (ii) Bathtub or shower; (iii) Refrigerator; (iv) Stove; and (v) Kitchen sink; and (B) Where one (1) or more of these facilities are used in common by occupants in the structure; (13) "Security deposit" means a monetary deposit from the tenant to the landlord to secure the full and faithful performance of the terms and conditions of the rental agreement as provided in this chapter; (14) (A) "Single family residence" means a structure maintained and used as a single dwelling unit. (B) Notwithstanding that a dwelling unit shares one (1) or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit; (15) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others; and (16) "Willful" means an intentional attempt to avoid obligations under the rental agreement or the provisions of this chapter. Amended by Act 2019, No. 315,§ 1689, eff. 7/24/2019. Acts 2007, No. 1004, § 1; 2009, No. 482, §§ 2, 3.

As used in this chapter:

(1) "Action" means a recoupment, counterclaim, suit in equity, and any other proceeding in which rights are determined, including without limitation an action for possession;

(2) "Building and housing codes" means any law, ordinance, or governmental regulation or rule concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises or dwelling unit;

(3) (A) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household and includes landlord-owned mobile homes. (B) Property that is leased for the exclusive purpose of being renovated by the lessee is not considered a dwelling unit within the meaning of this chapter;

(A) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household and includes landlord-owned mobile homes.

(B) Property that is leased for the exclusive purpose of being renovated by the lessee is not considered a dwelling unit within the meaning of this chapter;

(4) "Good faith" means honesty in fact in the conduct of the transaction concerned;

(5) "Landlord" means the owner, lessor, or sublessor of the premises, and it also means a manager of the premises who fails to disclose as required by this chapter;

(6) "Organization" means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity;

(7) (A) "Owner" means one (1) or more persons, jointly or severally, in whom is vested all or part of: (i) The legal title to property; or (ii) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. (B) "Owner" includes, but is not limited to, a mortgagee in possession;

(A) "Owner" means one (1) or more persons, jointly or severally, in whom is vested all or part of: (i) The legal title to property; or (ii) All or part of the beneficial ownership and a right to present use and enjoyment of the premises.

(i) The legal title to property; or

(ii) All or part of the beneficial ownership and a right to present use and enjoyment of the premises.

(B) "Owner" includes, but is not limited to, a mortgagee in possession;

(8) "Person" means an individual or organization;

(9) "Premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant;

(10) "Rent" means the consideration payable for use of the premises, including late charges whether payable in lump sum or periodic payments, excluding security deposits or other charges;

(11) "Rental agreement" means all agreements, written or oral, and valid rules adopted under this chapter embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises;

(12) "Roomer" means a person occupying a dwelling unit: (A) That does not include the following facilities provided by the landlord: (i) Toilet; (ii) Bathtub or shower; (iii) Refrigerator; (iv) Stove; and (v) Kitchen sink; and (B) Where one (1) or more of these facilities are used in common by occupants in the structure;

(A) That does not include the following facilities provided by the landlord: (i) Toilet; (ii) Bathtub or shower; (iii) Refrigerator; (iv) Stove; and (v) Kitchen sink; and

(i) Toilet;

(ii) Bathtub or shower;

(iii) Refrigerator;

(iv) Stove; and

(v) Kitchen sink; and

(B) Where one (1) or more of these facilities are used in common by occupants in the structure;

(13) "Security deposit" means a monetary deposit from the tenant to the landlord to secure the full and faithful performance of the terms and conditions of the rental agreement as provided in this chapter;

(14) (A) "Single family residence" means a structure maintained and used as a single dwelling unit. (B) Notwithstanding that a dwelling unit shares one (1) or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit;

(A) "Single family residence" means a structure maintained and used as a single dwelling unit.

(B) Notwithstanding that a dwelling unit shares one (1) or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit;

(15) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others; and

(16) "Willful" means an intentional attempt to avoid obligations under the rental agreement or the provisions of this chapter.

Amended by Act 2019, No. 315,§ 1689, eff. 7/24/2019.

Acts 2007, No. 1004, § 1; 2009, No. 482, §§ 2, 3.
Ark. Code Ann. § 18-12-605 — AR Code / Title 18 / Chapter 12 / Subchapter 6 / Section 18-12-605
Deeds of administrators, executors, guardians, commissioners, and sheriffs
Status: in_force

(a) (1) All deeds of conveyance made by an administrator, an executor, a guardian, or a commissioner, deeds of real estate sold under an execution made and executed by a sheriff, and deeds made and executed by a trustee or an attorney pursuant to a foreclosure of a deed of trust or mortgage, duly made and executed, acknowledged, and recorded, as now required by law and purporting to convey real estate, shall vest in the grantee and his or her heirs and assigns a good and valid title, both in law and in equity. (2) (A) The deeds shall be evidence of the facts recited in the deeds and of the legality and regularity of the sale of the real estate so conveyed. (B) However, the deeds do not warrant title to a subsequent grantee, and any subsequent grantee may not assert or claim any warranty of title deriving from the deeds. (b) Nothing in this section shall prohibit a deed made under subdivision (a)(1) of this section from warranting title by express use of warranty language. (c) Every deed so made, executed, acknowledged, and recorded, or a certified copy of the deed, under the seal of the recorder of the proper county shall be received in evidence in any court in this state without further proof of its execution. Acts 1853, §§ 1, 2, p. 207; C. & M. Dig., §§ 1534, 1535; Pope's Dig., §§ 1844, 1845; A.S.A. 1947, §§ 50-419, 50-420; Acts 2005, No. 1884, § 1.

(a) (1) All deeds of conveyance made by an administrator, an executor, a guardian, or a commissioner, deeds of real estate sold under an execution made and executed by a sheriff, and deeds made and executed by a trustee or an attorney pursuant to a foreclosure of a deed of trust or mortgage, duly made and executed, acknowledged, and recorded, as now required by law and purporting to convey real estate, shall vest in the grantee and his or her heirs and assigns a good and valid title, both in law and in equity. (2) (A) The deeds shall be evidence of the facts recited in the deeds and of the legality and regularity of the sale of the real estate so conveyed. (B) However, the deeds do not warrant title to a subsequent grantee, and any subsequent grantee may not assert or claim any warranty of title deriving from the deeds.

(1) All deeds of conveyance made by an administrator, an executor, a guardian, or a commissioner, deeds of real estate sold under an execution made and executed by a sheriff, and deeds made and executed by a trustee or an attorney pursuant to a foreclosure of a deed of trust or mortgage, duly made and executed, acknowledged, and recorded, as now required by law and purporting to convey real estate, shall vest in the grantee and his or her heirs and assigns a good and valid title, both in law and in equity.

(2) (A) The deeds shall be evidence of the facts recited in the deeds and of the legality and regularity of the sale of the real estate so conveyed. (B) However, the deeds do not warrant title to a subsequent grantee, and any subsequent grantee may not assert or claim any warranty of title deriving from the deeds.

(A) The deeds shall be evidence of the facts recited in the deeds and of the legality and regularity of the sale of the real estate so conveyed.

(B) However, the deeds do not warrant title to a subsequent grantee, and any subsequent grantee may not assert or claim any warranty of title deriving from the deeds.

(b) Nothing in this section shall prohibit a deed made under subdivision (a)(1) of this section from warranting title by express use of warranty language.

(c) Every deed so made, executed, acknowledged, and recorded, or a certified copy of the deed, under the seal of the recorder of the proper county shall be received in evidence in any court in this state without further proof of its execution.

Acts 1853, §§ 1, 2, p. 207; C. & M. Dig., §§ 1534, 1535; Pope's Dig., §§ 1844, 1845; A.S.A. 1947, §§ 50-419, 50-420; Acts 2005, No. 1884, § 1.
Ark. Code Ann. § 18-11-201 — AR Code / Title 18 / Chapter 11 / Subchapter 2 / Section 18-11-201
Trustees to hold in perpetual succession
Status: in_force

All lands and tenements, not exceeding forty (40) acres, that have been, or hereafter may be, conveyed by purchase to any person as trustee in trust for the use of any religious society within this state, either for a meeting house, burying ground, campground, or residence for their preacher, shall descend with the improvements and appurtenances in perpetual succession in trust to the trustee or trustees as shall, from time to time, be elected or appointed by any religious society, according to the rules and regulations of the society. Rev. Stat., ch. 125, § 1; C. & M. Dig., § 8637; Pope's Dig., § 11368; A.S.A. 1947, § 50-201.

All lands and tenements, not exceeding forty (40) acres, that have been, or hereafter may be, conveyed by purchase to any person as trustee in trust for the use of any religious society within this state, either for a meeting house, burying ground, campground, or residence for their preacher, shall descend with the improvements and appurtenances in perpetual succession in trust to the trustee or trustees as shall, from time to time, be elected or appointed by any religious society, according to the rules and regulations of the society.

Rev. Stat., ch. 125, § 1; C. & M. Dig., § 8637; Pope's Dig., § 11368; A.S.A. 1947, § 50-201.
Ark. Code Ann. § 18-50-107 — AR Code / Title 18 / Chapter 50 / Section 18-50-107
Manner of sale
Status: in_force

(a) The sale shall be held on the date and at the time and place designated in the notice of default and intention to sell, except that the sale shall: (1) Be held between 9:00 A.M. and 4:00 P.M.; (2) Be held either at the premises of the trust property or at the front door of the county courthouse of the county in which the trust property is situated; and (3) Not be held on a Saturday, Sunday, or a legal holiday. (b) (1) (A) Any person, including the mortgagee and the beneficiary, may bid at the sale. (B) The trustee may bid for the beneficiary but not for himself or herself. (2) The mortgagee or trustee shall engage a third party that is licensed to sell real estate under the Real Estate License Law, § 17-42-101 et seq., and licensed to act as an auctioneer under the Auctioneer's Licensing Act, § 17-17-101 et seq., to conduct the sale and act at the sale as the auctioneer. (3) No bid shall be accepted that is less than two-thirds (2/3) of the entire indebtedness due at the date of sale. (c) (1) The person conducting the sale may postpone the sale from time to time. (2) (A) In every such case, notice of postponement shall be given by: (i) Public proclamation thereof by that person; or (ii) Written notice of postponement posted at the time and place last appointed for the sale. (B) (i) No other notice of the postponement need be given unless the sale is postponed for longer than thirty (30) days beyond the date designated in the notice. (ii) In that event, notice thereof shall be given pursuant to § 18-50-104 . (d) The sale is concluded when the highest bid is accepted by the person conducting the sale. (e) (1) Unless otherwise agreed to by the trustee or mortgagee, the purchaser shall pay at the time of sale the price bid. (2) Interest shall accrue on any unpaid balance of the price bid at the rate specified in the note secured by the mortgage or deed of trust. (3) Within ten (10) days after the sale, the mortgagee or trustee shall execute and deliver the trustee's deed or mortgagee's deed to the purchaser. (4) The mortgagee or beneficiary shall receive a credit on its bid for: (A) The amount representing the unpaid principal owed; (B) Accrued interest as of the date of the sale; (C) Advances for the payment of taxes, insurance, and maintenance of the trust property; and (D) Costs of the sale, including reasonable trustee's and attorney's fees. (f) (1) The purchaser at the sale shall be entitled to immediate possession of the property. (2) (A) Possession may be obtained by filing a complaint in the circuit court of the county in which the property is situated and attaching a copy of the recorded trustee's or mortgagee's deed, whereupon the purchaser shall be entitled to an ex parte writ of assistance. (B) Alternatively, the purchaser may bring an action for forcible entry and detainer under § 18-60-301 et seq. (C) In either event, the provisions of § 18-50-116(d) shall apply. Acts 1987, No. 53, § 7; 1999, No. 983, §§ 6, 7; 2011, No. 885, § 4; 2011, No. 901, § 3.

(a) The sale shall be held on the date and at the time and place designated in the notice of default and intention to sell, except that the sale shall: (1) Be held between 9:00 A.M. and 4:00 P.M.; (2) Be held either at the premises of the trust property or at the front door of the county courthouse of the county in which the trust property is situated; and (3) Not be held on a Saturday, Sunday, or a legal holiday.

(1) Be held between 9:00 A.M. and 4:00 P.M.;

(2) Be held either at the premises of the trust property or at the front door of the county courthouse of the county in which the trust property is situated; and

(3) Not be held on a Saturday, Sunday, or a legal holiday.

(b) (1) (A) Any person, including the mortgagee and the beneficiary, may bid at the sale. (B) The trustee may bid for the beneficiary but not for himself or herself. (2) The mortgagee or trustee shall engage a third party that is licensed to sell real estate under the Real Estate License Law, § 17-42-101 et seq., and licensed to act as an auctioneer under the Auctioneer's Licensing Act, § 17-17-101 et seq., to conduct the sale and act at the sale as the auctioneer. (3) No bid shall be accepted that is less than two-thirds (2/3) of the entire indebtedness due at the date of sale.

(1) (A) Any person, including the mortgagee and the beneficiary, may bid at the sale. (B) The trustee may bid for the beneficiary but not for himself or herself.

(A) Any person, including the mortgagee and the beneficiary, may bid at the sale.

(B) The trustee may bid for the beneficiary but not for himself or herself.

(2) The mortgagee or trustee shall engage a third party that is licensed to sell real estate under the Real Estate License Law, § 17-42-101 et seq., and licensed to act as an auctioneer under the Auctioneer's Licensing Act, § 17-17-101 et seq., to conduct the sale and act at the sale as the auctioneer.

(3) No bid shall be accepted that is less than two-thirds (2/3) of the entire indebtedness due at the date of sale.

(c) (1) The person conducting the sale may postpone the sale from time to time. (2) (A) In every such case, notice of postponement shall be given by: (i) Public proclamation thereof by that person; or (ii) Written notice of postponement posted at the time and place last appointed for the sale. (B) (i) No other notice of the postponement need be given unless the sale is postponed for longer than thirty (30) days beyond the date designated in the notice. (ii) In that event, notice thereof shall be given pursuant to § 18-50-104 .

(1) The person conducting the sale may postpone the sale from time to time.

(2) (A) In every such case, notice of postponement shall be given by: (i) Public proclamation thereof by that person; or (ii) Written notice of postponement posted at the time and place last appointed for the sale. (B) (i) No other notice of the postponement need be given unless the sale is postponed for longer than thirty (30) days beyond the date designated in the notice. (ii) In that event, notice thereof shall be given pursuant to § 18-50-104 .

(A) In every such case, notice of postponement shall be given by: (i) Public proclamation thereof by that person; or (ii) Written notice of postponement posted at the time and place last appointed for the sale.

(i) Public proclamation thereof by that person; or

(ii) Written notice of postponement posted at the time and place last appointed for the sale.

(B) (i) No other notice of the postponement need be given unless the sale is postponed for longer than thirty (30) days beyond the date designated in the notice. (ii) In that event, notice thereof shall be given pursuant to § 18-50-104 .

(i) No other notice of the postponement need be given unless the sale is postponed for longer than thirty (30) days beyond the date designated in the notice.

(ii) In that event, notice thereof shall be given pursuant to § 18-50-104 .

(d) The sale is concluded when the highest bid is accepted by the person conducting the sale.

(e) (1) Unless otherwise agreed to by the trustee or mortgagee, the purchaser shall pay at the time of sale the price bid. (2) Interest shall accrue on any unpaid balance of the price bid at the rate specified in the note secured by the mortgage or deed of trust. (3) Within ten (10) days after the sale, the mortgagee or trustee shall execute and deliver the trustee's deed or mortgagee's deed to the purchaser. (4) The mortgagee or beneficiary shall receive a credit on its bid for: (A) The amount representing the unpaid principal owed; (B) Accrued interest as of the date of the sale; (C) Advances for the payment of taxes, insurance, and maintenance of the trust property; and (D) Costs of the sale, including reasonable trustee's and attorney's fees.

(1) Unless otherwise agreed to by the trustee or mortgagee, the purchaser shall pay at the time of sale the price bid.

(2) Interest shall accrue on any unpaid balance of the price bid at the rate specified in the note secured by the mortgage or deed of trust.

(3) Within ten (10) days after the sale, the mortgagee or trustee shall execute and deliver the trustee's deed or mortgagee's deed to the purchaser.

(4) The mortgagee or beneficiary shall receive a credit on its bid for: (A) The amount representing the unpaid principal owed; (B) Accrued interest as of the date of the sale; (C) Advances for the payment of taxes, insurance, and maintenance of the trust property; and (D) Costs of the sale, including reasonable trustee's and attorney's fees.

(A) The amount representing the unpaid principal owed;

(B) Accrued interest as of the date of the sale;

(C) Advances for the payment of taxes, insurance, and maintenance of the trust property; and

(D) Costs of the sale, including reasonable trustee's and attorney's fees.

(f) (1) The purchaser at the sale shall be entitled to immediate possession of the property. (2) (A) Possession may be obtained by filing a complaint in the circuit court of the county in which the property is situated and attaching a copy of the recorded trustee's or mortgagee's deed, whereupon the purchaser shall be entitled to an ex parte writ of assistance. (B) Alternatively, the purchaser may bring an action for forcible entry and detainer under § 18-60-301 et seq. (C) In either event, the provisions of § 18-50-116(d) shall apply.

(1) The purchaser at the sale shall be entitled to immediate possession of the property.

(2) (A) Possession may be obtained by filing a complaint in the circuit court of the county in which the property is situated and attaching a copy of the recorded trustee's or mortgagee's deed, whereupon the purchaser shall be entitled to an ex parte writ of assistance. (B) Alternatively, the purchaser may bring an action for forcible entry and detainer under § 18-60-301 et seq. (C) In either event, the provisions of § 18-50-116(d) shall apply.

(A) Possession may be obtained by filing a complaint in the circuit court of the county in which the property is situated and attaching a copy of the recorded trustee's or mortgagee's deed, whereupon the purchaser shall be entitled to an ex parte writ of assistance.

(B) Alternatively, the purchaser may bring an action for forcible entry and detainer under § 18-60-301 et seq.

(C) In either event, the provisions of § 18-50-116(d) shall apply.

Acts 1987, No. 53, § 7; 1999, No. 983, §§ 6, 7; 2011, No. 885, § 4; 2011, No. 901, § 3.
Ark. Code Ann. § 18-15-1104 — AR Code / Title 18 / Chapter 15 / Subchapter 11 / Section 18-15-1104
Construction across or under railroad
Status: in_force

A corporation shall have the right to construct its canals, ditches, drains, conduits, aqueducts, or pipelines across or under any railroad in this state, provided that it does not interfere with the traffic or business of the railroad company or corporation or in any way lessen the safety of transportation over the railroad. Acts 1909, No. 87, § 6, p. 234; A.S.A. 1947, § 35-1206.

A corporation shall have the right to construct its canals, ditches, drains, conduits, aqueducts, or pipelines across or under any railroad in this state, provided that it does not interfere with the traffic or business of the railroad company or corporation or in any way lessen the safety of transportation over the railroad.

Acts 1909, No. 87, § 6, p. 234; A.S.A. 1947, § 35-1206.
Ark. Code Ann. § 18-60-308 — AR Code / Title 18 / Chapter 60 / Subchapter 3 / Section 18-60-308
Title to premises not adjudicated
Status: in_force

In trials under the provisions of this subchapter, the title to the premises in question shall not be adjudicated upon or given in evidence, except to show the right to the possession and the extent thereof. Acts 1981, No. 615, § 11; A.S.A. 1947, § 34-1511.

In trials under the provisions of this subchapter, the title to the premises in question shall not be adjudicated upon or given in evidence, except to show the right to the possession and the extent thereof.

Acts 1981, No. 615, § 11; A.S.A. 1947, § 34-1511.
Ark. Code Ann. § 18-12-107 — AR Code / Title 18 / Chapter 12 / Subchapter 1 / Section 18-12-107
Transfer fee covenants prohibited - Definitions
Status: in_force

(a) As used in this section: (1) "Association" means a nonprofit, mandatory-membership organization: (A) Comprised of owners of homes, condominiums, units in a horizontal property regime, cooperatives, manufactured homes, or any other interest in real property; and (B) Created pursuant to declaration, covenant, bill of assurance, master deed, or other applicable law; (2) "Licensee" means a licensee as defined in § 17-42-103 ; (3) "Transfer" means the sale, gift, grant, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state; (4) (A) "Transfer fee" means a fee or charge that obligates a transferee or transferor of real property to pay a fee or charge to a third person: (i) Upon a transfer of an interest in the real property; or (ii) For permitting the transfer. (B) "Transfer fee" does not include a tax, assessment, fee, or charge imposed by a governmental authority under applicable law; and (5) (A) "Transfer fee covenant" means a provision in a recorded document or an unrecorded document imposing a transfer fee that purports to run with the land or bind current owners or successors in title to real property located in this state. (B) "Transfer fee covenant" includes a lien or claim of lien to secure payment of a transfer fee. (C) "Transfer fee covenant" does not include a provision: (i) Of a purchase contract, option, mortgage, security agreement, real property listing agreement, or other agreement that obligates a party to the agreement to pay another party to the agreement as full or partial consideration for the agreement or for a waiver of rights under the agreement an amount determined by the agreement if the amount is: (a) Payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property; (b) A loan assumption fee or other fee charged in connection with a transfer by a lender holding or obtaining a lien on the transferred real property; or (c) A fee or commission paid to a licensee for services rendered in connection with a transfer of the property for which the fee or commission is paid; (ii) In a deed, memorandum, or other document recorded for the purpose of providing record notice of an agreement described in subdivision (a)(5)(C)(i) of this section; (iii) Of a document requiring payment of a fee or charge to an association to be used exclusively for the purposes authorized in the document, as long as no portion of the fee is required to be passed through to a third party designated or identifiable by description in the document or another document referenced in the document; or (iv) Of a document affecting real property that requires payment of a fee or charge to an organization described in § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code as it existed on January 1, 2011, to be used exclusively to support: (a) Cultural, educational, charitable, recreational, environmental, conservational, or other similar activities benefiting the real property; or (b) The community in which the property is located. (b) (1) A transfer fee covenant recorded with respect to real property in this state after July 27, 2011: (A) Does not run with the title to the real property; and (B) Is not binding upon or enforceable at law or in equity against: (i) The real property; or (ii) A subsequent owner, purchaser, or mortgagee of an interest in the real property. (2) This section does not validate a transfer fee covenant recorded in this state before July 27, 2011. Acts 2011, No. 145, § 1.

(a) As used in this section: (1) "Association" means a nonprofit, mandatory-membership organization: (A) Comprised of owners of homes, condominiums, units in a horizontal property regime, cooperatives, manufactured homes, or any other interest in real property; and (B) Created pursuant to declaration, covenant, bill of assurance, master deed, or other applicable law; (2) "Licensee" means a licensee as defined in § 17-42-103 ; (3) "Transfer" means the sale, gift, grant, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state; (4) (A) "Transfer fee" means a fee or charge that obligates a transferee or transferor of real property to pay a fee or charge to a third person: (i) Upon a transfer of an interest in the real property; or (ii) For permitting the transfer. (B) "Transfer fee" does not include a tax, assessment, fee, or charge imposed by a governmental authority under applicable law; and (5) (A) "Transfer fee covenant" means a provision in a recorded document or an unrecorded document imposing a transfer fee that purports to run with the land or bind current owners or successors in title to real property located in this state. (B) "Transfer fee covenant" includes a lien or claim of lien to secure payment of a transfer fee. (C) "Transfer fee covenant" does not include a provision: (i) Of a purchase contract, option, mortgage, security agreement, real property listing agreement, or other agreement that obligates a party to the agreement to pay another party to the agreement as full or partial consideration for the agreement or for a waiver of rights under the agreement an amount determined by the agreement if the amount is: (a) Payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property; (b) A loan assumption fee or other fee charged in connection with a transfer by a lender holding or obtaining a lien on the transferred real property; or (c) A fee or commission paid to a licensee for services rendered in connection with a transfer of the property for which the fee or commission is paid; (ii) In a deed, memorandum, or other document recorded for the purpose of providing record notice of an agreement described in subdivision (a)(5)(C)(i) of this section; (iii) Of a document requiring payment of a fee or charge to an association to be used exclusively for the purposes authorized in the document, as long as no portion of the fee is required to be passed through to a third party designated or identifiable by description in the document or another document referenced in the document; or (iv) Of a document affecting real property that requires payment of a fee or charge to an organization described in § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code as it existed on January 1, 2011, to be used exclusively to support: (a) Cultural, educational, charitable, recreational, environmental, conservational, or other similar activities benefiting the real property; or (b) The community in which the property is located.

(1) "Association" means a nonprofit, mandatory-membership organization: (A) Comprised of owners of homes, condominiums, units in a horizontal property regime, cooperatives, manufactured homes, or any other interest in real property; and (B) Created pursuant to declaration, covenant, bill of assurance, master deed, or other applicable law;

(A) Comprised of owners of homes, condominiums, units in a horizontal property regime, cooperatives, manufactured homes, or any other interest in real property; and

(B) Created pursuant to declaration, covenant, bill of assurance, master deed, or other applicable law;

(2) "Licensee" means a licensee as defined in § 17-42-103 ;

(3) "Transfer" means the sale, gift, grant, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state;

(4) (A) "Transfer fee" means a fee or charge that obligates a transferee or transferor of real property to pay a fee or charge to a third person: (i) Upon a transfer of an interest in the real property; or (ii) For permitting the transfer. (B) "Transfer fee" does not include a tax, assessment, fee, or charge imposed by a governmental authority under applicable law; and

(A) "Transfer fee" means a fee or charge that obligates a transferee or transferor of real property to pay a fee or charge to a third person: (i) Upon a transfer of an interest in the real property; or (ii) For permitting the transfer.

(i) Upon a transfer of an interest in the real property; or

(ii) For permitting the transfer.

(B) "Transfer fee" does not include a tax, assessment, fee, or charge imposed by a governmental authority under applicable law; and

(5) (A) "Transfer fee covenant" means a provision in a recorded document or an unrecorded document imposing a transfer fee that purports to run with the land or bind current owners or successors in title to real property located in this state. (B) "Transfer fee covenant" includes a lien or claim of lien to secure payment of a transfer fee. (C) "Transfer fee covenant" does not include a provision: (i) Of a purchase contract, option, mortgage, security agreement, real property listing agreement, or other agreement that obligates a party to the agreement to pay another party to the agreement as full or partial consideration for the agreement or for a waiver of rights under the agreement an amount determined by the agreement if the amount is: (a) Payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property; (b) A loan assumption fee or other fee charged in connection with a transfer by a lender holding or obtaining a lien on the transferred real property; or (c) A fee or commission paid to a licensee for services rendered in connection with a transfer of the property for which the fee or commission is paid; (ii) In a deed, memorandum, or other document recorded for the purpose of providing record notice of an agreement described in subdivision (a)(5)(C)(i) of this section; (iii) Of a document requiring payment of a fee or charge to an association to be used exclusively for the purposes authorized in the document, as long as no portion of the fee is required to be passed through to a third party designated or identifiable by description in the document or another document referenced in the document; or (iv) Of a document affecting real property that requires payment of a fee or charge to an organization described in § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code as it existed on January 1, 2011, to be used exclusively to support: (a) Cultural, educational, charitable, recreational, environmental, conservational, or other similar activities benefiting the real property; or (b) The community in which the property is located.

(A) "Transfer fee covenant" means a provision in a recorded document or an unrecorded document imposing a transfer fee that purports to run with the land or bind current owners or successors in title to real property located in this state.

(B) "Transfer fee covenant" includes a lien or claim of lien to secure payment of a transfer fee.

(C) "Transfer fee covenant" does not include a provision: (i) Of a purchase contract, option, mortgage, security agreement, real property listing agreement, or other agreement that obligates a party to the agreement to pay another party to the agreement as full or partial consideration for the agreement or for a waiver of rights under the agreement an amount determined by the agreement if the amount is: (a) Payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property; (b) A loan assumption fee or other fee charged in connection with a transfer by a lender holding or obtaining a lien on the transferred real property; or (c) A fee or commission paid to a licensee for services rendered in connection with a transfer of the property for which the fee or commission is paid; (ii) In a deed, memorandum, or other document recorded for the purpose of providing record notice of an agreement described in subdivision (a)(5)(C)(i) of this section; (iii) Of a document requiring payment of a fee or charge to an association to be used exclusively for the purposes authorized in the document, as long as no portion of the fee is required to be passed through to a third party designated or identifiable by description in the document or another document referenced in the document; or (iv) Of a document affecting real property that requires payment of a fee or charge to an organization described in § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code as it existed on January 1, 2011, to be used exclusively to support: (a) Cultural, educational, charitable, recreational, environmental, conservational, or other similar activities benefiting the real property; or (b) The community in which the property is located.

(i) Of a purchase contract, option, mortgage, security agreement, real property listing agreement, or other agreement that obligates a party to the agreement to pay another party to the agreement as full or partial consideration for the agreement or for a waiver of rights under the agreement an amount determined by the agreement if the amount is: (a) Payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property; (b) A loan assumption fee or other fee charged in connection with a transfer by a lender holding or obtaining a lien on the transferred real property; or (c) A fee or commission paid to a licensee for services rendered in connection with a transfer of the property for which the fee or commission is paid;

(a) Payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property;

(b) A loan assumption fee or other fee charged in connection with a transfer by a lender holding or obtaining a lien on the transferred real property; or

(c) A fee or commission paid to a licensee for services rendered in connection with a transfer of the property for which the fee or commission is paid;

(ii) In a deed, memorandum, or other document recorded for the purpose of providing record notice of an agreement described in subdivision (a)(5)(C)(i) of this section;

(iii) Of a document requiring payment of a fee or charge to an association to be used exclusively for the purposes authorized in the document, as long as no portion of the fee is required to be passed through to a third party designated or identifiable by description in the document or another document referenced in the document; or

(iv) Of a document affecting real property that requires payment of a fee or charge to an organization described in § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code as it existed on January 1, 2011, to be used exclusively to support: (a) Cultural, educational, charitable, recreational, environmental, conservational, or other similar activities benefiting the real property; or (b) The community in which the property is located.

(a) Cultural, educational, charitable, recreational, environmental, conservational, or other similar activities benefiting the real property; or

(b) The community in which the property is located.

(b) (1) A transfer fee covenant recorded with respect to real property in this state after July 27, 2011: (A) Does not run with the title to the real property; and (B) Is not binding upon or enforceable at law or in equity against: (i) The real property; or (ii) A subsequent owner, purchaser, or mortgagee of an interest in the real property. (2) This section does not validate a transfer fee covenant recorded in this state before July 27, 2011.

(1) A transfer fee covenant recorded with respect to real property in this state after July 27, 2011: (A) Does not run with the title to the real property; and (B) Is not binding upon or enforceable at law or in equity against: (i) The real property; or (ii) A subsequent owner, purchaser, or mortgagee of an interest in the real property.

(A) Does not run with the title to the real property; and

(B) Is not binding upon or enforceable at law or in equity against: (i) The real property; or (ii) A subsequent owner, purchaser, or mortgagee of an interest in the real property.

(i) The real property; or

(ii) A subsequent owner, purchaser, or mortgagee of an interest in the real property.

(2) This section does not validate a transfer fee covenant recorded in this state before July 27, 2011.

Acts 2011, No. 145, § 1.
Ark. Code Ann. § 18-46-106 — AR Code / Title 18 / Chapter 46 / Section 18-46-106
Liens void after certain day unless action commenced
Status: in_force

(a) If at the expiration of one hundred eighty (180) days immediately following the day on which the most recent notice, amendatory notice, or supplementary notice of a claim of lien was filed in the office of the clerk of the circuit court, as authorized by this chapter, and if, in any event, immediately on the expiration of the period during which the practitioner, nurse, hospital, or ambulance service provider can enter action to enforce his or her or its claim against the patient for compensation for service rendered, the lien remains unsatisfied and unreleased, and no suit by the practitioner, nurse, hospital, or ambulance service provider by which notice of the lien was filed to enforce that lien is pending in any court, then the lien shall be void and of no effect. (b) (1) Any patient against whose claim or right of action any void lien exists may enforce that claim or right of action discharged from that lien, on delivering to the tortfeasor or insurer an affidavit showing that no action is pending against the affiant to enforce the lien claimed by the practitioner, nurse, hospital, or ambulance service provider. (2) On filing a copy of that affidavit with the clerk of the circuit court in whose office notice of the lien was originally filed, the clerk shall enter on his or her docket and file a notation to show that the lien has lapsed and is void. (c) If the amount claimed under any lien has been paid into court, as authorized by this chapter, remains in the custody of the court after the lien has become void, on application by the tortfeasor or the insurer by which the money was so paid, supported by a copy of the record of the circuit court showing that the lien has lapsed, then the court may return the money to the person by whom it was deposited and give him or her judgment against the lienor for interest on the money during the time it was on deposit and for costs and a reasonable counsel fee. (d) Any person who, in order to obtain the release of an alleged lapsed lien, makes a false affidavit and delivers a copy of it to any tortfeasor or insurer or files a copy of any such affidavit in the office of the clerk of the circuit court shall be guilty of perjury and subject to the penalties prescribed for that offense. (e) If at the expiration of the one hundred eighty (180) days stated in subsection (a) of this section an action is pending by the practitioner, nurse, hospital, or ambulance service provider to enforce a claim of lien filed by him or her, the lien shall continue in full force and effect during the pendency of that suit, unless released by the practitioner, nurse, hospital, or ambulance service provider by whom the claim was filed. Acts 1933, No. 130, § 7; Pope's Dig., §§ 7995, 10824; A.S.A. 1947, § 51-807; Acts 1993, No. 271, § 5; 1995, No. 790, § 1.

(a) If at the expiration of one hundred eighty (180) days immediately following the day on which the most recent notice, amendatory notice, or supplementary notice of a claim of lien was filed in the office of the clerk of the circuit court, as authorized by this chapter, and if, in any event, immediately on the expiration of the period during which the practitioner, nurse, hospital, or ambulance service provider can enter action to enforce his or her or its claim against the patient for compensation for service rendered, the lien remains unsatisfied and unreleased, and no suit by the practitioner, nurse, hospital, or ambulance service provider by which notice of the lien was filed to enforce that lien is pending in any court, then the lien shall be void and of no effect.

(b) (1) Any patient against whose claim or right of action any void lien exists may enforce that claim or right of action discharged from that lien, on delivering to the tortfeasor or insurer an affidavit showing that no action is pending against the affiant to enforce the lien claimed by the practitioner, nurse, hospital, or ambulance service provider. (2) On filing a copy of that affidavit with the clerk of the circuit court in whose office notice of the lien was originally filed, the clerk shall enter on his or her docket and file a notation to show that the lien has lapsed and is void.

(1) Any patient against whose claim or right of action any void lien exists may enforce that claim or right of action discharged from that lien, on delivering to the tortfeasor or insurer an affidavit showing that no action is pending against the affiant to enforce the lien claimed by the practitioner, nurse, hospital, or ambulance service provider.

(2) On filing a copy of that affidavit with the clerk of the circuit court in whose office notice of the lien was originally filed, the clerk shall enter on his or her docket and file a notation to show that the lien has lapsed and is void.

(c) If the amount claimed under any lien has been paid into court, as authorized by this chapter, remains in the custody of the court after the lien has become void, on application by the tortfeasor or the insurer by which the money was so paid, supported by a copy of the record of the circuit court showing that the lien has lapsed, then the court may return the money to the person by whom it was deposited and give him or her judgment against the lienor for interest on the money during the time it was on deposit and for costs and a reasonable counsel fee.

(d) Any person who, in order to obtain the release of an alleged lapsed lien, makes a false affidavit and delivers a copy of it to any tortfeasor or insurer or files a copy of any such affidavit in the office of the clerk of the circuit court shall be guilty of perjury and subject to the penalties prescribed for that offense.

(e) If at the expiration of the one hundred eighty (180) days stated in subsection (a) of this section an action is pending by the practitioner, nurse, hospital, or ambulance service provider to enforce a claim of lien filed by him or her, the lien shall continue in full force and effect during the pendency of that suit, unless released by the practitioner, nurse, hospital, or ambulance service provider by whom the claim was filed.

Acts 1933, No. 130, § 7; Pope's Dig., §§ 7995, 10824; A.S.A. 1947, § 51-807; Acts 1993, No. 271, § 5; 1995, No. 790, § 1.
Ark. Code Ann. § 18-15-912 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-912
Review and appeal
Status: in_force

The right to have the county court review the proceedings to establish the public landing and the right to appeal from the final decision of the county court shall: (1) Be the same as provided by law; and (2) Be exercised in the same manner as provided by the statutes and laws of Arkansas for public roads and highways. Acts 1909, No. 307, § 15, p. 916; C. & M. Dig., § 4072; Pope's Dig., § 5075; A.S.A. 1947, § 35-1015.

The right to have the county court review the proceedings to establish the public landing and the right to appeal from the final decision of the county court shall:

(1) Be the same as provided by law; and

(2) Be exercised in the same manner as provided by the statutes and laws of Arkansas for public roads and highways.

Acts 1909, No. 307, § 15, p. 916; C. & M. Dig., § 4072; Pope's Dig., § 5075; A.S.A. 1947, § 35-1015.