Ark. Code Ann. § 22-3-502 — AR Code / Title 22 / Chapter 3 / Subchapter 5 / Section 22-3-502
Creation - Members, etc
Status: in_force

(a) (1) There is created a Capitol Arts and Grounds Commission. (2) The commission shall be composed of ten (10) members as follows: (A) The Governor or a designee; (B) The Secretary of State or a designee who shall serve as the commission chair; (C) The Director of the Arkansas Historic Preservation Program; (D) The Secretary of the Department of Parks, Heritage, and Tourism; (E) One (1) licensed landscape architect in this state, to be named by the Secretary of State from a list of at least three (3) names submitted to him or her by the Arkansas Chapter of the American Society of Landscape Architects, Inc.; (F) One (1) licensed architect in this state, to be named by the Secretary of State from a list of at least three (3) names submitted to him or her by the Arkansas Chapter, the American Institute of Architects; (G) Two (2) citizen members at large, to be appointed by the Secretary of State; and (H) The President Pro Tempore of the Senate shall appoint one (1) nonlegislator to serve at his or her pleasure as a member of the commission, and the Speaker of the House of Representatives shall appoint one (1) nonlegislator to serve at his or her pleasure as a member of the commission. (b) Members of the commission shall serve without pay, but they shall be reimbursed by funds of the Secretary of State for reasonable and necessary expenses in attending commission meetings and in the performance of duties of the commission if funds are provided for the reimbursement in accordance with the rate prescribed for state employees in state travel rules. (c) (1) The commission shall meet on the call of the chair or on written request by any four (4) of its members. (2) A majority vote of the voting members of the commission shall be necessary for the adoption of any action by the commission. (d) (1) Members of the commission appointed by the Secretary of State shall serve at the pleasure of the Secretary of State. (2) (A) The Arkansas Chapter of the American Society of Landscape Architects, Inc., shall submit to the Secretary of State, at his or her request, a list of at least three (3) names of licensed landscape architects for a vacant licensed landscape architect position. (B) The Arkansas Chapter, the American Institute of Architects shall submit to the Secretary of State, at his or her request, a list of at least three (3) names of licensed architects for a vacant licensed architect position. Amended by Act 2021, No. 696,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 696,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2357, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5682, eff. 7/1/2019. Acts 1987, No. 665, §§ 1, 2; 1997, No. 250, § 216; 1997, No. 1043, § 2; 1997, No. 1354, § 40; 1999, No. 1264, §§ 1, 2; 1999, No. 1508, § 7; 2001, No. 1288, §§ 20, 21; 2005, No. 1379, § 2.

(a) (1) There is created a Capitol Arts and Grounds Commission. (2) The commission shall be composed of ten (10) members as follows: (A) The Governor or a designee; (B) The Secretary of State or a designee who shall serve as the commission chair; (C) The Director of the Arkansas Historic Preservation Program; (D) The Secretary of the Department of Parks, Heritage, and Tourism; (E) One (1) licensed landscape architect in this state, to be named by the Secretary of State from a list of at least three (3) names submitted to him or her by the Arkansas Chapter of the American Society of Landscape Architects, Inc.; (F) One (1) licensed architect in this state, to be named by the Secretary of State from a list of at least three (3) names submitted to him or her by the Arkansas Chapter, the American Institute of Architects; (G) Two (2) citizen members at large, to be appointed by the Secretary of State; and (H) The President Pro Tempore of the Senate shall appoint one (1) nonlegislator to serve at his or her pleasure as a member of the commission, and the Speaker of the House of Representatives shall appoint one (1) nonlegislator to serve at his or her pleasure as a member of the commission.

(1) There is created a Capitol Arts and Grounds Commission.

(2) The commission shall be composed of ten (10) members as follows: (A) The Governor or a designee; (B) The Secretary of State or a designee who shall serve as the commission chair; (C) The Director of the Arkansas Historic Preservation Program; (D) The Secretary of the Department of Parks, Heritage, and Tourism; (E) One (1) licensed landscape architect in this state, to be named by the Secretary of State from a list of at least three (3) names submitted to him or her by the Arkansas Chapter of the American Society of Landscape Architects, Inc.; (F) One (1) licensed architect in this state, to be named by the Secretary of State from a list of at least three (3) names submitted to him or her by the Arkansas Chapter, the American Institute of Architects; (G) Two (2) citizen members at large, to be appointed by the Secretary of State; and (H) The President Pro Tempore of the Senate shall appoint one (1) nonlegislator to serve at his or her pleasure as a member of the commission, and the Speaker of the House of Representatives shall appoint one (1) nonlegislator to serve at his or her pleasure as a member of the commission.

(A) The Governor or a designee;

(B) The Secretary of State or a designee who shall serve as the commission chair;

(C) The Director of the Arkansas Historic Preservation Program;

(D) The Secretary of the Department of Parks, Heritage, and Tourism;

(E) One (1) licensed landscape architect in this state, to be named by the Secretary of State from a list of at least three (3) names submitted to him or her by the Arkansas Chapter of the American Society of Landscape Architects, Inc.;

(F) One (1) licensed architect in this state, to be named by the Secretary of State from a list of at least three (3) names submitted to him or her by the Arkansas Chapter, the American Institute of Architects;

(G) Two (2) citizen members at large, to be appointed by the Secretary of State; and

(H) The President Pro Tempore of the Senate shall appoint one (1) nonlegislator to serve at his or her pleasure as a member of the commission, and the Speaker of the House of Representatives shall appoint one (1) nonlegislator to serve at his or her pleasure as a member of the commission.

(b) Members of the commission shall serve without pay, but they shall be reimbursed by funds of the Secretary of State for reasonable and necessary expenses in attending commission meetings and in the performance of duties of the commission if funds are provided for the reimbursement in accordance with the rate prescribed for state employees in state travel rules.

(c) (1) The commission shall meet on the call of the chair or on written request by any four (4) of its members. (2) A majority vote of the voting members of the commission shall be necessary for the adoption of any action by the commission.

(1) The commission shall meet on the call of the chair or on written request by any four (4) of its members.

(2) A majority vote of the voting members of the commission shall be necessary for the adoption of any action by the commission.

(d) (1) Members of the commission appointed by the Secretary of State shall serve at the pleasure of the Secretary of State. (2) (A) The Arkansas Chapter of the American Society of Landscape Architects, Inc., shall submit to the Secretary of State, at his or her request, a list of at least three (3) names of licensed landscape architects for a vacant licensed landscape architect position. (B) The Arkansas Chapter, the American Institute of Architects shall submit to the Secretary of State, at his or her request, a list of at least three (3) names of licensed architects for a vacant licensed architect position.

(1) Members of the commission appointed by the Secretary of State shall serve at the pleasure of the Secretary of State.

(2) (A) The Arkansas Chapter of the American Society of Landscape Architects, Inc., shall submit to the Secretary of State, at his or her request, a list of at least three (3) names of licensed landscape architects for a vacant licensed landscape architect position. (B) The Arkansas Chapter, the American Institute of Architects shall submit to the Secretary of State, at his or her request, a list of at least three (3) names of licensed architects for a vacant licensed architect position.

(A) The Arkansas Chapter of the American Society of Landscape Architects, Inc., shall submit to the Secretary of State, at his or her request, a list of at least three (3) names of licensed landscape architects for a vacant licensed landscape architect position.

(B) The Arkansas Chapter, the American Institute of Architects shall submit to the Secretary of State, at his or her request, a list of at least three (3) names of licensed architects for a vacant licensed architect position.

Amended by Act 2021, No. 696,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 696,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 2357, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5682, eff. 7/1/2019.

Acts 1987, No. 665, §§ 1, 2; 1997, No. 250, § 216; 1997, No. 1043, § 2; 1997, No. 1354, § 40; 1999, No. 1264, §§ 1, 2; 1999, No. 1508, § 7; 2001, No. 1288, §§ 20, 21; 2005, No. 1379, § 2.
Ark. Code Ann. § 22-9-405 — AR Code / Title 22 / Chapter 9 / Subchapter 4 / Section 22-9-405
Prohibition on directed suretyship
Status: in_force

(a) It is unlawful for any contracting body referenced in § 22-9-401 or any person acting on behalf of such contracting body to require a bidder or contractor to obtain or procure any surety bond from any particular insurance company or surety company, agent, or broker or to include surety bonds in an owner-controlled insurance program. (b) Any person who violates the provisions of this section is guilty of a Class A misdemeanor. Acts 2001, No. 771, § 1.

(a) It is unlawful for any contracting body referenced in § 22-9-401 or any person acting on behalf of such contracting body to require a bidder or contractor to obtain or procure any surety bond from any particular insurance company or surety company, agent, or broker or to include surety bonds in an owner-controlled insurance program.

(b) Any person who violates the provisions of this section is guilty of a Class A misdemeanor.

Acts 2001, No. 771, § 1.
Ark. Code Ann. § 22-7-225 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-225
Federal relinquishment of exclusive legislative jurisdiction pertaining to the administration of criminal laws
Status: in_force

(a) The consent of the state is hereby given to accept the relinquishment by the United States of exclusive legislative jurisdiction only as to the administration of criminal laws insofar as said assignment affects the following described tracts of real property situated in the State of Arkansas, to wit: (1) Henry R. Koen Forest Service Building, 605 W. Main Street, Russellville, Arkansas, the same being all of Block "B" in S. M. Shinn's Addition and all of Block 41 in Mary A. Russell's Addition to the City of Russellville, Pope County, Arkansas, more particularly described as follows: Beginning at a point on Section line approximately 85 feet more or less West of SE corner of Section 5, Township 7 North, Range 20 West. Also, being the SE corner of said Block 41 Mary A. Russell's Addition and the NE corner of said Block "B" S. M. Shinn's Addition, and on the West line of South Fargo Avenue; thence in a southerly direction with the west line of Fargo Avenue 130 feet more or less to the North line of 2nd Court Street; thence in a westernly direction with the North line of 2nd Court Street to the East line of South Glenwood Avenue being 167 feet more or less; thence in a northernly direction with the East line of Glenwood Avenue 365 feet more or less to the South line of West Main Street; thence in an easternly direction with the South line of West Main Street to the West line of South Fargo Avenue, being 240 feet more or less; thence in a southerly direction with the West line of South Fargo Avenue 160 feet more or less to the point of beginning; (2) Federal Office Building, 115 South Denver St., Russellville, Arkansas, the same being all of Lots Seven (7), Eight (8), and Nine (9) in Block "F" J. M. Shinn's Addition to the City of Russellville, County of Pope, State of Arkansas, the same being a parcel of land facing one hundred twenty (120) feet on River Street, and one hundred twenty (120) feet on David Street; (3) U. S. Post Office/Court, 600 West Capitol Street, Little Rock, Arkansas, the same being Lots 1-12 inclusive, Block 126, of the City of Little Rock, County of Pulaski, State of Arkansas, according to recorded plan thereof; (4) U. S. Post Office/Court, 5th and State Line Ave., Texarkana, Arkansas, the same being all of Fractional Block No. Twenty-nine (29), Original City of Texarkana, County of Miller, State of Arkansas, as same appears upon the map and plat of said town made and recorded by the Cairo and Fulton R. R. Company; (5) Federal Office Building, 120 North Broadway, Blytheville, Arkansas, the same being all of Lots Nos. 4, 5 and 6, in Block 5, Davis Addition to the City of Blytheville, in Mississippi County, Arkansas, the entire three lots composing a plot of ground 150 feet by 140 feet; (6) Federal Office Building, 123 N. Main Street, Benton, Arkansas, the same being all of Lots numbered Two (2) and Three (3), in Block numbered Eleven (11), in the Original Town (now City) of Benton, County of Saline, State of Arkansas, as per plat thereof dated June 25, 1836, and duly recorded among the land records in and for the County and State, aforesaid, and taken together forming one (1) tract or parcel of land contained within the following metes and bounds, namely: Beginning for the same at the point of intersection of the East Line of Main Street (80 feet wide) with the South line of Sevier Street (80 feet wide), where is set a concrete monument six inches by six inches by three feet, and running thence along the South line of Sevier Street, East one hundred fifty (150) feet to the Northeast corner of said Lot Two (2); thence along the rear lines of both lots, South one hundred (100) feet to a similar monument set at the Southeast corner of said Lot Three (3); thence along the South line of Lot Three (3), West one hundred fifty (150) feet to another concrete monument, six inches by six inches by three feet, set at the Southwest corner of Lot Three (3); and thence along the West lines of the Lots, Two (2) and Three (3), and the East line of Main Street, aforesaid, North one hundred (100) feet to the point of beginning; also any and all of the right, title and interest of the party grantor in and to all streets, roads, avenues, alleys, alley-ways and rights-of-way abutting, or in anywise appertaining to, the land above described; and (7) U. S. Post Office/Court, 30 South 6th Street, Fort Smith, Arkansas, the same being all of Block 514 of Reserve Addition to the City of Fort Smith, Sebastian County, Arkansas, as established by Special Deed filed March 24, 1885, in Deed Record "N", Page 618, and by a plat prepared by George H. Lyman, civil engineer, which is on file in the General Land Office of the United States and approved by the Secretary of the Interior, Secretary of the Treasury, and Secretary of War on November 8, 1884, November 13, 1884, and February 2, 1885, respectively, and more particularly described as follows: Beginning at the westernmost corner of said Block 514 at the intersection of the northerly line of Parker Avenue and the easterly line of South 5th Street; thence North 39° 00' East, 300.00 feet along said easterly line of South 5th Street to an intersection with the southerly line of Rogers Avenue; thence along said southerly line South 51° 00' East, 308.12 feet to the westerly line of South 6th Street; thence South 39° 00' West, 300.00 feet along said westerly line to the northerly line of Parker Avenue; thence North 51° 00' West, 308.12 feet to the point of beginning. Containing 92,436.00 square feet. (b) The right of the State of Arkansas to exercise jurisdiction to administer criminal laws over the real property described in subsection (a) of this section, shall be without prejudice of the right of the United States to exercise such concurrent legislative jurisdiction to administer criminal laws as may be vested in or retained by it over said real property. (c) Except as provided in subsections (a) and (b) of this section, the United States shall continue to retain and exercise exclusive legislative jurisdiction over the real property described above for all other purposes. Acts 1991, No. 963, §§ 1-3.

(a) The consent of the state is hereby given to accept the relinquishment by the United States of exclusive legislative jurisdiction only as to the administration of criminal laws insofar as said assignment affects the following described tracts of real property situated in the State of Arkansas, to wit: (1) Henry R. Koen Forest Service Building, 605 W. Main Street, Russellville, Arkansas, the same being all of Block "B" in S. M. Shinn's Addition and all of Block 41 in Mary A. Russell's Addition to the City of Russellville, Pope County, Arkansas, more particularly described as follows: Beginning at a point on Section line approximately 85 feet more or less West of SE corner of Section 5, Township 7 North, Range 20 West. Also, being the SE corner of said Block 41 Mary A. Russell's Addition and the NE corner of said Block "B" S. M. Shinn's Addition, and on the West line of South Fargo Avenue; thence in a southerly direction with the west line of Fargo Avenue 130 feet more or less to the North line of 2nd Court Street; thence in a westernly direction with the North line of 2nd Court Street to the East line of South Glenwood Avenue being 167 feet more or less; thence in a northernly direction with the East line of Glenwood Avenue 365 feet more or less to the South line of West Main Street; thence in an easternly direction with the South line of West Main Street to the West line of South Fargo Avenue, being 240 feet more or less; thence in a southerly direction with the West line of South Fargo Avenue 160 feet more or less to the point of beginning; (2) Federal Office Building, 115 South Denver St., Russellville, Arkansas, the same being all of Lots Seven (7), Eight (8), and Nine (9) in Block "F" J. M. Shinn's Addition to the City of Russellville, County of Pope, State of Arkansas, the same being a parcel of land facing one hundred twenty (120) feet on River Street, and one hundred twenty (120) feet on David Street; (3) U. S. Post Office/Court, 600 West Capitol Street, Little Rock, Arkansas, the same being Lots 1-12 inclusive, Block 126, of the City of Little Rock, County of Pulaski, State of Arkansas, according to recorded plan thereof; (4) U. S. Post Office/Court, 5th and State Line Ave., Texarkana, Arkansas, the same being all of Fractional Block No. Twenty-nine (29), Original City of Texarkana, County of Miller, State of Arkansas, as same appears upon the map and plat of said town made and recorded by the Cairo and Fulton R. R. Company; (5) Federal Office Building, 120 North Broadway, Blytheville, Arkansas, the same being all of Lots Nos. 4, 5 and 6, in Block 5, Davis Addition to the City of Blytheville, in Mississippi County, Arkansas, the entire three lots composing a plot of ground 150 feet by 140 feet; (6) Federal Office Building, 123 N. Main Street, Benton, Arkansas, the same being all of Lots numbered Two (2) and Three (3), in Block numbered Eleven (11), in the Original Town (now City) of Benton, County of Saline, State of Arkansas, as per plat thereof dated June 25, 1836, and duly recorded among the land records in and for the County and State, aforesaid, and taken together forming one (1) tract or parcel of land contained within the following metes and bounds, namely: Beginning for the same at the point of intersection of the East Line of Main Street (80 feet wide) with the South line of Sevier Street (80 feet wide), where is set a concrete monument six inches by six inches by three feet, and running thence along the South line of Sevier Street, East one hundred fifty (150) feet to the Northeast corner of said Lot Two (2); thence along the rear lines of both lots, South one hundred (100) feet to a similar monument set at the Southeast corner of said Lot Three (3); thence along the South line of Lot Three (3), West one hundred fifty (150) feet to another concrete monument, six inches by six inches by three feet, set at the Southwest corner of Lot Three (3); and thence along the West lines of the Lots, Two (2) and Three (3), and the East line of Main Street, aforesaid, North one hundred (100) feet to the point of beginning; also any and all of the right, title and interest of the party grantor in and to all streets, roads, avenues, alleys, alley-ways and rights-of-way abutting, or in anywise appertaining to, the land above described; and (7) U. S. Post Office/Court, 30 South 6th Street, Fort Smith, Arkansas, the same being all of Block 514 of Reserve Addition to the City of Fort Smith, Sebastian County, Arkansas, as established by Special Deed filed March 24, 1885, in Deed Record "N", Page 618, and by a plat prepared by George H. Lyman, civil engineer, which is on file in the General Land Office of the United States and approved by the Secretary of the Interior, Secretary of the Treasury, and Secretary of War on November 8, 1884, November 13, 1884, and February 2, 1885, respectively, and more particularly described as follows: Beginning at the westernmost corner of said Block 514 at the intersection of the northerly line of Parker Avenue and the easterly line of South 5th Street; thence North 39° 00' East, 300.00 feet along said easterly line of South 5th Street to an intersection with the southerly line of Rogers Avenue; thence along said southerly line South 51° 00' East, 308.12 feet to the westerly line of South 6th Street; thence South 39° 00' West, 300.00 feet along said westerly line to the northerly line of Parker Avenue; thence North 51° 00' West, 308.12 feet to the point of beginning. Containing 92,436.00 square feet.

(1) Henry R. Koen Forest Service Building, 605 W. Main Street, Russellville, Arkansas, the same being all of Block "B" in S. M. Shinn's Addition and all of Block 41 in Mary A. Russell's Addition to the City of Russellville, Pope County, Arkansas, more particularly described as follows: Beginning at a point on Section line approximately 85 feet more or less West of SE corner of Section 5, Township 7 North, Range 20 West. Also, being the SE corner of said Block 41 Mary A. Russell's Addition and the NE corner of said Block "B" S. M. Shinn's Addition, and on the West line of South Fargo Avenue; thence in a southerly direction with the west line of Fargo Avenue 130 feet more or less to the North line of 2nd Court Street; thence in a westernly direction with the North line of 2nd Court Street to the East line of South Glenwood Avenue being 167 feet more or less; thence in a northernly direction with the East line of Glenwood Avenue 365 feet more or less to the South line of West Main Street; thence in an easternly direction with the South line of West Main Street to the West line of South Fargo Avenue, being 240 feet more or less; thence in a southerly direction with the West line of South Fargo Avenue 160 feet more or less to the point of beginning;

(2) Federal Office Building, 115 South Denver St., Russellville, Arkansas, the same being all of Lots Seven (7), Eight (8), and Nine (9) in Block "F" J. M. Shinn's Addition to the City of Russellville, County of Pope, State of Arkansas, the same being a parcel of land facing one hundred twenty (120) feet on River Street, and one hundred twenty (120) feet on David Street;

(3) U. S. Post Office/Court, 600 West Capitol Street, Little Rock, Arkansas, the same being Lots 1-12 inclusive, Block 126, of the City of Little Rock, County of Pulaski, State of Arkansas, according to recorded plan thereof;

(4) U. S. Post Office/Court, 5th and State Line Ave., Texarkana, Arkansas, the same being all of Fractional Block No. Twenty-nine (29), Original City of Texarkana, County of Miller, State of Arkansas, as same appears upon the map and plat of said town made and recorded by the Cairo and Fulton R. R. Company;

(5) Federal Office Building, 120 North Broadway, Blytheville, Arkansas, the same being all of Lots Nos. 4, 5 and 6, in Block 5, Davis Addition to the City of Blytheville, in Mississippi County, Arkansas, the entire three lots composing a plot of ground 150 feet by 140 feet;

(6) Federal Office Building, 123 N. Main Street, Benton, Arkansas, the same being all of Lots numbered Two (2) and Three (3), in Block numbered Eleven (11), in the Original Town (now City) of Benton, County of Saline, State of Arkansas, as per plat thereof dated June 25, 1836, and duly recorded among the land records in and for the County and State, aforesaid, and taken together forming one (1) tract or parcel of land contained within the following metes and bounds, namely: Beginning for the same at the point of intersection of the East Line of Main Street (80 feet wide) with the South line of Sevier Street (80 feet wide), where is set a concrete monument six inches by six inches by three feet, and running thence along the South line of Sevier Street, East one hundred fifty (150) feet to the Northeast corner of said Lot Two (2); thence along the rear lines of both lots, South one hundred (100) feet to a similar monument set at the Southeast corner of said Lot Three (3); thence along the South line of Lot Three (3), West one hundred fifty (150) feet to another concrete monument, six inches by six inches by three feet, set at the Southwest corner of Lot Three (3); and thence along the West lines of the Lots, Two (2) and Three (3), and the East line of Main Street, aforesaid, North one hundred (100) feet to the point of beginning; also any and all of the right, title and interest of the party grantor in and to all streets, roads, avenues, alleys, alley-ways and rights-of-way abutting, or in anywise appertaining to, the land above described; and

(7) U. S. Post Office/Court, 30 South 6th Street, Fort Smith, Arkansas, the same being all of Block 514 of Reserve Addition to the City of Fort Smith, Sebastian County, Arkansas, as established by Special Deed filed March 24, 1885, in Deed Record "N", Page 618, and by a plat prepared by George H. Lyman, civil engineer, which is on file in the General Land Office of the United States and approved by the Secretary of the Interior, Secretary of the Treasury, and Secretary of War on November 8, 1884, November 13, 1884, and February 2, 1885, respectively, and more particularly described as follows: Beginning at the westernmost corner of said Block 514 at the intersection of the northerly line of Parker Avenue and the easterly line of South 5th Street; thence North 39° 00' East, 300.00 feet along said easterly line of South 5th Street to an intersection with the southerly line of Rogers Avenue; thence along said southerly line South 51° 00' East, 308.12 feet to the westerly line of South 6th Street; thence South 39° 00' West, 300.00 feet along said westerly line to the northerly line of Parker Avenue; thence North 51° 00' West, 308.12 feet to the point of beginning. Containing 92,436.00 square feet.

(b) The right of the State of Arkansas to exercise jurisdiction to administer criminal laws over the real property described in subsection (a) of this section, shall be without prejudice of the right of the United States to exercise such concurrent legislative jurisdiction to administer criminal laws as may be vested in or retained by it over said real property.

(c) Except as provided in subsections (a) and (b) of this section, the United States shall continue to retain and exercise exclusive legislative jurisdiction over the real property described above for all other purposes.

Acts 1991, No. 963, §§ 1-3.
Ark. Code Ann. § 22-3-2003 — AR Code / Title 22 / Chapter 3 / Subchapter 20 / Section 22-3-2003
Sustainable Energy-Efficient Buildings Program
Status: in_force

(a) The Sustainable Energy-Efficient Buildings Program is established to promote energy conservation in buildings owned or leased by public agencies and buildings owned or leased by institutions of higher education. (b) Under the Sustainable Energy-Efficient Buildings Program: (1) For public agencies, the Arkansas Energy Office of the Division of Environmental Quality shall develop and: (A) Issue policies and technical guidelines to establish procedures and methods for compliance with the criteria and the performance standards for a major facility or a major renovation under § 22-3-2004 ; and (B) Administer an energy management program designed to achieve compliance with the requirements of § 22-3-2006 through the implementation of energy conservation measures; and (2) For the institutions of higher education, each institution of higher education: (A) Shall develop and issue policies and technical guidelines to establish procedures and methods for compliance with the criteria and the performance standards for a major facility or a major renovation under § 22-3-2004 ; and (B) May administer an energy management program designed to achieve compliance with the requirements of § 22-3-2006 through the implementation of energy conservation measures. Amended by Act 2019, No. 674,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3228, eff. 7/1/2019. Amended by Act 2017, No. 271,§ 16, eff. 8/1/2017. Acts 2009, No. 1494, § 1; 2011, No. 803, § 1.

(a) The Sustainable Energy-Efficient Buildings Program is established to promote energy conservation in buildings owned or leased by public agencies and buildings owned or leased by institutions of higher education.

(b) Under the Sustainable Energy-Efficient Buildings Program: (1) For public agencies, the Arkansas Energy Office of the Division of Environmental Quality shall develop and: (A) Issue policies and technical guidelines to establish procedures and methods for compliance with the criteria and the performance standards for a major facility or a major renovation under § 22-3-2004 ; and (B) Administer an energy management program designed to achieve compliance with the requirements of § 22-3-2006 through the implementation of energy conservation measures; and (2) For the institutions of higher education, each institution of higher education: (A) Shall develop and issue policies and technical guidelines to establish procedures and methods for compliance with the criteria and the performance standards for a major facility or a major renovation under § 22-3-2004 ; and (B) May administer an energy management program designed to achieve compliance with the requirements of § 22-3-2006 through the implementation of energy conservation measures.

(1) For public agencies, the Arkansas Energy Office of the Division of Environmental Quality shall develop and: (A) Issue policies and technical guidelines to establish procedures and methods for compliance with the criteria and the performance standards for a major facility or a major renovation under § 22-3-2004 ; and (B) Administer an energy management program designed to achieve compliance with the requirements of § 22-3-2006 through the implementation of energy conservation measures; and

(A) Issue policies and technical guidelines to establish procedures and methods for compliance with the criteria and the performance standards for a major facility or a major renovation under § 22-3-2004 ; and

(B) Administer an energy management program designed to achieve compliance with the requirements of § 22-3-2006 through the implementation of energy conservation measures; and

(2) For the institutions of higher education, each institution of higher education: (A) Shall develop and issue policies and technical guidelines to establish procedures and methods for compliance with the criteria and the performance standards for a major facility or a major renovation under § 22-3-2004 ; and (B) May administer an energy management program designed to achieve compliance with the requirements of § 22-3-2006 through the implementation of energy conservation measures.

(A) Shall develop and issue policies and technical guidelines to establish procedures and methods for compliance with the criteria and the performance standards for a major facility or a major renovation under § 22-3-2004 ; and

(B) May administer an energy management program designed to achieve compliance with the requirements of § 22-3-2006 through the implementation of energy conservation measures.

Amended by Act 2019, No. 674,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3228, eff. 7/1/2019.

Amended by Act 2017, No. 271,§ 16, eff. 8/1/2017.

Acts 2009, No. 1494, § 1; 2011, No. 803, § 1.
Ark. Code Ann. § 22-9-201 — AR Code / Title 22 / Chapter 9 / Subchapter 2 / Section 22-9-201
Applicability of sections 22-9-202 - 22-9-204 - Definition
Status: in_force

(a) The provisions of §§ 22-9-202 - 22-9-204 shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets under the provisions of §§ 27-67-206 and 27-67-207 . (b) The provisions of § 22-9-204 shall not apply to projects designed to provide utility needs of the state or any agency thereof, a municipality, or a county. Those projects shall include, but shall not be limited to, pipeline installation, sanitation projects, light earth work and foundation work, local flood control, sanitary landfills, drainage projects, site clearing, water lines, streets, roads, alleys, sidewalks, water channelization, light construction sewage, water works, and improvements to street and highway construction. (c) (1) (A) The notice and bid security provisions of §§ 19-4-1401 , 19-4-1405 , and 22-9-203 pertaining to the project amount and the time frames of the advertisement shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures. (B) Nothing shall prohibit the contracting authority from requiring a bid security if the contracting authority determines to require a bid security. (2) (A) The percentage requirements of § 22-9-203(e) shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures. (B) If negotiations are unsuccessful and the contracting authority determines further negotiations with the lowest responsible bidder are not in the contracting authority's best interests, nothing shall prohibit the contracting authority from terminating negotiations and negotiating the award of the contract to the next lowest responsible bidder. (3) "Emergency contracting procedures" means the acquisition of services and materials for capital improvements, including without limitation acquisitions funded in whole or in part with insurance proceeds, that are in accordance with the minimum standards and criteria of the Building Authority Division. (4) Emergency contracting procedures may include sole sourcing or competitive quote bids. (5) The Secretary of the Department of Transformation and Shared Services or a designee may make or authorize others to make emergency contracting procedures as defined in subdivision (c)(3) of this section and in accordance with the minimum standards and criteria of the division. (6) An emergency contract made under emergency contracting procedures under this section shall not be authorized by a county or municipality unless: (A) The emergency contract is to address an unforeseen and unavoidable emergency in which human life, health, or public property is in jeopardy; and (B) A written statement is attached to the emergency contract that describes the emergency necessitating the emergency contract being entered into without compliance under § 22-9-203 . (d) To the extent that federal purchasing laws or bidding preferences conflict, this subchapter does not apply to projects related to supplying water or wastewater utility services, operations, or maintenance to a federal military installation by a municipality of the state. Amended by Act 2021, No. 440,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 6237, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6236, eff. 7/1/2019. Amended by Act 2015, No. 147,§ 3, eff. 2/23/2015. Acts 1949, No. 159, § 5; 1977, No. 370, § 2; A.S.A. 1947, § 14-614n; Acts 1999, No. 776, § 2; 2001, No. 162, § 1; 2007, No. 471, § 2; 2011, No. 782, § 1.

(a) The provisions of §§ 22-9-202 - 22-9-204 shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets under the provisions of §§ 27-67-206 and 27-67-207 .

(b) The provisions of § 22-9-204 shall not apply to projects designed to provide utility needs of the state or any agency thereof, a municipality, or a county. Those projects shall include, but shall not be limited to, pipeline installation, sanitation projects, light earth work and foundation work, local flood control, sanitary landfills, drainage projects, site clearing, water lines, streets, roads, alleys, sidewalks, water channelization, light construction sewage, water works, and improvements to street and highway construction.

(c) (1) (A) The notice and bid security provisions of §§ 19-4-1401 , 19-4-1405 , and 22-9-203 pertaining to the project amount and the time frames of the advertisement shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures. (B) Nothing shall prohibit the contracting authority from requiring a bid security if the contracting authority determines to require a bid security. (2) (A) The percentage requirements of § 22-9-203(e) shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures. (B) If negotiations are unsuccessful and the contracting authority determines further negotiations with the lowest responsible bidder are not in the contracting authority's best interests, nothing shall prohibit the contracting authority from terminating negotiations and negotiating the award of the contract to the next lowest responsible bidder. (3) "Emergency contracting procedures" means the acquisition of services and materials for capital improvements, including without limitation acquisitions funded in whole or in part with insurance proceeds, that are in accordance with the minimum standards and criteria of the Building Authority Division. (4) Emergency contracting procedures may include sole sourcing or competitive quote bids. (5) The Secretary of the Department of Transformation and Shared Services or a designee may make or authorize others to make emergency contracting procedures as defined in subdivision (c)(3) of this section and in accordance with the minimum standards and criteria of the division. (6) An emergency contract made under emergency contracting procedures under this section shall not be authorized by a county or municipality unless: (A) The emergency contract is to address an unforeseen and unavoidable emergency in which human life, health, or public property is in jeopardy; and (B) A written statement is attached to the emergency contract that describes the emergency necessitating the emergency contract being entered into without compliance under § 22-9-203 .

(1) (A) The notice and bid security provisions of §§ 19-4-1401 , 19-4-1405 , and 22-9-203 pertaining to the project amount and the time frames of the advertisement shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures. (B) Nothing shall prohibit the contracting authority from requiring a bid security if the contracting authority determines to require a bid security.

(A) The notice and bid security provisions of §§ 19-4-1401 , 19-4-1405 , and 22-9-203 pertaining to the project amount and the time frames of the advertisement shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures.

(B) Nothing shall prohibit the contracting authority from requiring a bid security if the contracting authority determines to require a bid security.

(2) (A) The percentage requirements of § 22-9-203(e) shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures. (B) If negotiations are unsuccessful and the contracting authority determines further negotiations with the lowest responsible bidder are not in the contracting authority's best interests, nothing shall prohibit the contracting authority from terminating negotiations and negotiating the award of the contract to the next lowest responsible bidder.

(A) The percentage requirements of § 22-9-203(e) shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures.

(B) If negotiations are unsuccessful and the contracting authority determines further negotiations with the lowest responsible bidder are not in the contracting authority's best interests, nothing shall prohibit the contracting authority from terminating negotiations and negotiating the award of the contract to the next lowest responsible bidder.

(3) "Emergency contracting procedures" means the acquisition of services and materials for capital improvements, including without limitation acquisitions funded in whole or in part with insurance proceeds, that are in accordance with the minimum standards and criteria of the Building Authority Division.

(4) Emergency contracting procedures may include sole sourcing or competitive quote bids.

(5) The Secretary of the Department of Transformation and Shared Services or a designee may make or authorize others to make emergency contracting procedures as defined in subdivision (c)(3) of this section and in accordance with the minimum standards and criteria of the division.

(6) An emergency contract made under emergency contracting procedures under this section shall not be authorized by a county or municipality unless: (A) The emergency contract is to address an unforeseen and unavoidable emergency in which human life, health, or public property is in jeopardy; and (B) A written statement is attached to the emergency contract that describes the emergency necessitating the emergency contract being entered into without compliance under § 22-9-203 .

(A) The emergency contract is to address an unforeseen and unavoidable emergency in which human life, health, or public property is in jeopardy; and

(B) A written statement is attached to the emergency contract that describes the emergency necessitating the emergency contract being entered into without compliance under § 22-9-203 .

(d) To the extent that federal purchasing laws or bidding preferences conflict, this subchapter does not apply to projects related to supplying water or wastewater utility services, operations, or maintenance to a federal military installation by a municipality of the state.

Amended by Act 2021, No. 440,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 6237, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6236, eff. 7/1/2019.

Amended by Act 2015, No. 147,§ 3, eff. 2/23/2015.

Acts 1949, No. 159, § 5; 1977, No. 370, § 2; A.S.A. 1947, § 14-614n; Acts 1999, No. 776, § 2; 2001, No. 162, § 1; 2007, No. 471, § 2; 2011, No. 782, § 1.
Ark. Code Ann. § 22-9-214 — AR Code / Title 22 / Chapter 9 / Subchapter 2 / Section 22-9-214
Unenforceable provisions in public construction agreements and public construction contracts - Definitions
Status: in_force

(a) As used in this section: (1) "Construction" means any of the following services, functions, or combination of the following services or functions to construct a building, building site, or structure, or to construct a permanent improvement to a building, building site, or structure, including site work: (A) Alteration; (B) Design; (C) Erection; (D) Reconditioning; (E) Renovation; (F) Repair; or (G) Replacement; (2) (A) "Public construction agreement" means an agreement in which one (1) party is a public entity and the agreement is the bargain of the parties in fact as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in § 4-1-303 . (B) "Public construction agreement" does not include an insurance contract, a construction bond, or a contract to defend a party against liability; and (3) (A) "Public construction contract" means a contract in which one (1) party is a public entity and the contract is the total legal obligation that results from the parties' agreement under this section and as supplemented by any other applicable law. (B) "Public construction contract" does not include an insurance contract, a construction bond, or a contract to defend a party against liability. (b) A provision in a public construction agreement or public construction contract is void and unenforceable as against public policy if it requires an entity or that entity's insurer to indemnify, insure, defend, or hold harmless another entity against liability for damage arising out of the death of or bodily injury to a person or persons or damage to property, which arises out of negligence or fault of the indemnitee, its agents, representatives, subcontractors, or suppliers. (c) A provision, covenant, clause, or understanding in a public construction agreement or public construction contract that conflicts with the provisions and intent of this section or attempts to circumvent this section by making the public construction agreement or public construction contract subject to the laws of another state, or that requires any litigation, arbitration, or other dispute resolution proceeding arising from the construction agreement or construction contract to be conducted in another state, is void and unenforceable as against public policy. (d) A clause described under subsections (b) and (c) of this section is severable from the public construction agreement or public construction contract and shall not cause the entire public construction agreement or public construction contract to become unenforceable. (e) The provisions of this section do not affect any provision in a public construction contract or public construction agreement that requires an entity or that entity's insurer to indemnify another entity against liability for damage arising out of the death of or bodily injury to persons or damage to property, but such indemnification shall not exceed any amounts that are greater than that represented by the degree or percentage of negligence or fault attributable to the indemnitors, its agents, representatives, subcontractors, or suppliers. Amended by Act 2015, No. 1120,§ 6, eff. 7/22/2015. Amended by Act 2015, No. 1120,§ 5, eff. 7/22/2015. Amended by Act 2015, No. 1110,§ 6, eff. 7/22/2015. Amended by Act 2015, No. 1110,§ 5, eff. 7/22/2015. Acts 2007, No. 874, § 1; 2009, No. 540, § 1; 2011, No. 1123, § 1.

(a) As used in this section: (1) "Construction" means any of the following services, functions, or combination of the following services or functions to construct a building, building site, or structure, or to construct a permanent improvement to a building, building site, or structure, including site work: (A) Alteration; (B) Design; (C) Erection; (D) Reconditioning; (E) Renovation; (F) Repair; or (G) Replacement; (2) (A) "Public construction agreement" means an agreement in which one (1) party is a public entity and the agreement is the bargain of the parties in fact as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in § 4-1-303 . (B) "Public construction agreement" does not include an insurance contract, a construction bond, or a contract to defend a party against liability; and (3) (A) "Public construction contract" means a contract in which one (1) party is a public entity and the contract is the total legal obligation that results from the parties' agreement under this section and as supplemented by any other applicable law. (B) "Public construction contract" does not include an insurance contract, a construction bond, or a contract to defend a party against liability.

(1) "Construction" means any of the following services, functions, or combination of the following services or functions to construct a building, building site, or structure, or to construct a permanent improvement to a building, building site, or structure, including site work: (A) Alteration; (B) Design; (C) Erection; (D) Reconditioning; (E) Renovation; (F) Repair; or (G) Replacement;

(A) Alteration;

(B) Design;

(C) Erection;

(D) Reconditioning;

(E) Renovation;

(F) Repair; or

(G) Replacement;

(2) (A) "Public construction agreement" means an agreement in which one (1) party is a public entity and the agreement is the bargain of the parties in fact as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in § 4-1-303 . (B) "Public construction agreement" does not include an insurance contract, a construction bond, or a contract to defend a party against liability; and

(A) "Public construction agreement" means an agreement in which one (1) party is a public entity and the agreement is the bargain of the parties in fact as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in § 4-1-303 .

(B) "Public construction agreement" does not include an insurance contract, a construction bond, or a contract to defend a party against liability; and

(3) (A) "Public construction contract" means a contract in which one (1) party is a public entity and the contract is the total legal obligation that results from the parties' agreement under this section and as supplemented by any other applicable law. (B) "Public construction contract" does not include an insurance contract, a construction bond, or a contract to defend a party against liability.

(A) "Public construction contract" means a contract in which one (1) party is a public entity and the contract is the total legal obligation that results from the parties' agreement under this section and as supplemented by any other applicable law.

(B) "Public construction contract" does not include an insurance contract, a construction bond, or a contract to defend a party against liability.

(b) A provision in a public construction agreement or public construction contract is void and unenforceable as against public policy if it requires an entity or that entity's insurer to indemnify, insure, defend, or hold harmless another entity against liability for damage arising out of the death of or bodily injury to a person or persons or damage to property, which arises out of negligence or fault of the indemnitee, its agents, representatives, subcontractors, or suppliers.

(c) A provision, covenant, clause, or understanding in a public construction agreement or public construction contract that conflicts with the provisions and intent of this section or attempts to circumvent this section by making the public construction agreement or public construction contract subject to the laws of another state, or that requires any litigation, arbitration, or other dispute resolution proceeding arising from the construction agreement or construction contract to be conducted in another state, is void and unenforceable as against public policy.

(d) A clause described under subsections (b) and (c) of this section is severable from the public construction agreement or public construction contract and shall not cause the entire public construction agreement or public construction contract to become unenforceable.

(e) The provisions of this section do not affect any provision in a public construction contract or public construction agreement that requires an entity or that entity's insurer to indemnify another entity against liability for damage arising out of the death of or bodily injury to persons or damage to property, but such indemnification shall not exceed any amounts that are greater than that represented by the degree or percentage of negligence or fault attributable to the indemnitors, its agents, representatives, subcontractors, or suppliers.

Amended by Act 2015, No. 1120,§ 6, eff. 7/22/2015.

Amended by Act 2015, No. 1120,§ 5, eff. 7/22/2015.

Amended by Act 2015, No. 1110,§ 6, eff. 7/22/2015.

Amended by Act 2015, No. 1110,§ 5, eff. 7/22/2015.

Acts 2007, No. 874, § 1; 2009, No. 540, § 1; 2011, No. 1123, § 1.
Ark. Code Ann. § 22-6-404 — AR Code / Title 22 / Chapter 6 / Subchapter 4 / Section 22-6-404
Preemption rights
Status: in_force

(a) Any person who, either in person or by and through his or her tenants, resides on or cultivates any of the swamp and overflowed lands which may have been confirmed to the state shall have a preemption right to the lands to be proved as provided in this section. (b) Should the person, firm, or corporation making an application to purchase the lands show by affidavit of at least three (3) reliable and disinterested persons that he or she, either in person or by and through his or her tenants, is in actual possession of the lands under color of title and that he or she and those under whom he or she claims title have been in the actual possession thereof for more than fifteen (15) years prior to the passage of this subchapter together with the certificate of the clerk of the county court showing that the lands described in the petition of the applicant have been regularly assessed on the tax books of the county in which they are located for more than twenty (20) years prior to the passage of this subchapter, and that the taxes so assessed have been paid by the applicant or those under whom he or she claims title, then the Commissioner of State Lands shall execute a deed or patent conveying to the applicant all the right, title, claim, and interest which the State of Arkansas may have acquired in and to the lands upon the applicant's paying into the State Treasury the sum of one dollar ($1.00) per acre for the lands described in his or her application, together with a fee of one dollar ($1.00) to the Commissioner of State Lands for the execution of the deed. Acts 1937, No. 128, § 5; Pope's Dig., § 8754; A.S.A. 1947, § 10-805.

(a) Any person who, either in person or by and through his or her tenants, resides on or cultivates any of the swamp and overflowed lands which may have been confirmed to the state shall have a preemption right to the lands to be proved as provided in this section.

(b) Should the person, firm, or corporation making an application to purchase the lands show by affidavit of at least three (3) reliable and disinterested persons that he or she, either in person or by and through his or her tenants, is in actual possession of the lands under color of title and that he or she and those under whom he or she claims title have been in the actual possession thereof for more than fifteen (15) years prior to the passage of this subchapter together with the certificate of the clerk of the county court showing that the lands described in the petition of the applicant have been regularly assessed on the tax books of the county in which they are located for more than twenty (20) years prior to the passage of this subchapter, and that the taxes so assessed have been paid by the applicant or those under whom he or she claims title, then the Commissioner of State Lands shall execute a deed or patent conveying to the applicant all the right, title, claim, and interest which the State of Arkansas may have acquired in and to the lands upon the applicant's paying into the State Treasury the sum of one dollar ($1.00) per acre for the lands described in his or her application, together with a fee of one dollar ($1.00) to the Commissioner of State Lands for the execution of the deed.

Acts 1937, No. 128, § 5; Pope's Dig., § 8754; A.S.A. 1947, § 10-805.
Ark. Code Ann. § 22-10-505 — AR Code / Title 22 / Chapter 10 / Subchapter 5 / Section 22-10-505
Audits - Monitoring and reporting
Status: in_force

(a) An account related to the construction, operation, or maintenance of a qualifying project authorized under this chapter shall be audited by the Building Authority Division, the Arkansas Development Finance Authority, and the Chief Fiscal Officer of the State. (b) The division shall: (1) Monitor and report to the Governor, the authority, and the General Assembly concerning each qualifying project and the qualified respondent's and responsible public entity's progress in satisfying the terms and conditions of the comprehensive agreement; and (2) Require the qualified respondent to provide proof of compliance with all reporting and auditing requirements of the United States Securities and Exchange Commission and any other state or federal regulatory agency that has jurisdiction over the private entity or the qualifying project. Amended by Act 2019, No. 910,§ 6251, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6250, eff. 7/1/2019. Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.

(a) An account related to the construction, operation, or maintenance of a qualifying project authorized under this chapter shall be audited by the Building Authority Division, the Arkansas Development Finance Authority, and the Chief Fiscal Officer of the State.

(b) The division shall: (1) Monitor and report to the Governor, the authority, and the General Assembly concerning each qualifying project and the qualified respondent's and responsible public entity's progress in satisfying the terms and conditions of the comprehensive agreement; and (2) Require the qualified respondent to provide proof of compliance with all reporting and auditing requirements of the United States Securities and Exchange Commission and any other state or federal regulatory agency that has jurisdiction over the private entity or the qualifying project.

(1) Monitor and report to the Governor, the authority, and the General Assembly concerning each qualifying project and the qualified respondent's and responsible public entity's progress in satisfying the terms and conditions of the comprehensive agreement; and

(2) Require the qualified respondent to provide proof of compliance with all reporting and auditing requirements of the United States Securities and Exchange Commission and any other state or federal regulatory agency that has jurisdiction over the private entity or the qualifying project.

Amended by Act 2019, No. 910,§ 6251, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6250, eff. 7/1/2019.

Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 22-3-1403 — AR Code / Title 22 / Chapter 3 / Subchapter 14 / Section 22-3-1403
Definitions
Status: in_force

As used in this subchapter: (1) "Agency" or "state agency" means any agency, board, office, commission, department, division, or institution of the State of Arkansas; (2) "Authority" means the Arkansas Development Finance Authority created pursuant to the Arkansas Development Finance Authority Act, § 15-5-101 et seq., §§ 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 ; (3) "Bonds" or "revenue bonds" means any bonds, notes, debentures, interim certificates, grant and revenue anticipation notes, interest in a lease, lease certificates of participation, or evidences of indebtedness, whether or not the interest on them is subject to federal income taxation; and (4) "Construct" means to acquire, construct, reconstruct, remodel, install, and equip any lands, buildings, structures, improvements, or other property, real, personal, or mixed, useful in connection therewith and to make other necessary expenditures in connection therewith by such methods and in such manner as the Building Authority Division shall determine to be necessary or desirable to accomplish the powers, purposes, and authority set forth in this subchapter. Amended by Act 2019, No. 910,§ 6209, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 76, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 76, eff. 5/23/2016. Acts 1991, No. 1173, § 2; 1999, No. 1182, § 2; 2007, No. 186, § 10.

As used in this subchapter:

(1) "Agency" or "state agency" means any agency, board, office, commission, department, division, or institution of the State of Arkansas;

(2) "Authority" means the Arkansas Development Finance Authority created pursuant to the Arkansas Development Finance Authority Act, § 15-5-101 et seq., §§ 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 ;

(3) "Bonds" or "revenue bonds" means any bonds, notes, debentures, interim certificates, grant and revenue anticipation notes, interest in a lease, lease certificates of participation, or evidences of indebtedness, whether or not the interest on them is subject to federal income taxation; and

(4) "Construct" means to acquire, construct, reconstruct, remodel, install, and equip any lands, buildings, structures, improvements, or other property, real, personal, or mixed, useful in connection therewith and to make other necessary expenditures in connection therewith by such methods and in such manner as the Building Authority Division shall determine to be necessary or desirable to accomplish the powers, purposes, and authority set forth in this subchapter.

Amended by Act 2019, No. 910,§ 6209, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 76, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 76, eff. 5/23/2016.

Acts 1991, No. 1173, § 2; 1999, No. 1182, § 2; 2007, No. 186, § 10.
Ark. Code Ann. § 22-10-502 — AR Code / Title 22 / Chapter 10 / Subchapter 5 / Section 22-10-502
Department of Transformation and Shared Services - Duties
Status: in_force

(a) The Department of Transformation and Shared Services shall promulgate certain rules regarding the definitions and guidelines related to the development of qualifying projects under this chapter within ninety (90) days of August 1, 2017. (b) The guidelines promulgated under this section shall include without limitation: (1) Criteria for selecting qualifying projects to be undertaken by a public entity; (2) Criteria for selecting among competing proposals submitted according to a request for proposals under this chapter; (3) Timelines for selecting a qualified respondent under the process for requests for proposals under this chapter; (4) Guidelines for negotiating a comprehensive agreement; and (5) Guidelines for allowing the accelerated selection of a qualified respondent and the review and approval of a qualifying project that is determined to be a priority by the Governor and is funded, in whole or substantial part, by dedicated revenues. Amended by Act 2021, No. 480,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 6247, eff. 7/1/2019. Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.

(a) The Department of Transformation and Shared Services shall promulgate certain rules regarding the definitions and guidelines related to the development of qualifying projects under this chapter within ninety (90) days of August 1, 2017.

(b) The guidelines promulgated under this section shall include without limitation: (1) Criteria for selecting qualifying projects to be undertaken by a public entity; (2) Criteria for selecting among competing proposals submitted according to a request for proposals under this chapter; (3) Timelines for selecting a qualified respondent under the process for requests for proposals under this chapter; (4) Guidelines for negotiating a comprehensive agreement; and (5) Guidelines for allowing the accelerated selection of a qualified respondent and the review and approval of a qualifying project that is determined to be a priority by the Governor and is funded, in whole or substantial part, by dedicated revenues.

(1) Criteria for selecting qualifying projects to be undertaken by a public entity;

(2) Criteria for selecting among competing proposals submitted according to a request for proposals under this chapter;

(3) Timelines for selecting a qualified respondent under the process for requests for proposals under this chapter;

(4) Guidelines for negotiating a comprehensive agreement; and

(5) Guidelines for allowing the accelerated selection of a qualified respondent and the review and approval of a qualifying project that is determined to be a priority by the Governor and is funded, in whole or substantial part, by dedicated revenues.

Amended by Act 2021, No. 480,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 6247, eff. 7/1/2019.

Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 22-9-203 — AR Code / Title 22 / Chapter 9 / Subchapter 2 / Section 22-9-203
Public improvements generally - Award procedure - Definition
Status: in_force

(a) Except as provided under § 14-58-105 , a contract providing for the making of major repairs or alterations, for the erection of buildings or other structures, or for making other permanent improvements shall not be entered into by the state or an agency of the state or by a county, municipality, school district, or other local taxing unit with any contractor in instances in which all estimated costs of the work exceed the sum of fifty thousand dollars ($50,000) unless: (1) (A) The state or any agency of the state shall have first published notice of its intention to receive bids one (1) time each week for not less than two (2) consecutive weeks for projects more than the amount of fifty thousand dollars ($50,000) in a newspaper of general circulation published in the county in which the proposed improvements are to be made. (B) In addition to the publication of notice required under subdivision (a)(1)(A) of this section, the state or agency of the state may also publish notice of its intention to receive bids in a trade journal reaching the construction industry; and (2) (A) The county, municipality, school district, or other local taxing unit shall have first published notice of its intention to receive bids one (1) time each week for not less than two (2) consecutive weeks in a newspaper of general circulation published in the county in which the proposed improvements are to be made. (B) In addition to the publication of notice required under subdivision (a)(2)(A) of this section, the county, municipality, school district, or other local taxing unit: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the county, municipality, school district, or other local taxing unit is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq. (b) (1) The date of publication of the last notice shall be not less than one (1) week before the day fixed therein for the receipt of bids. (2) (A) If there is not a newspaper regularly published in the county in which the proposed work is to be done, the notices may be published in any newspaper having a general circulation in the county. (B) In addition to the publication of notice required under subdivision (b)(2)(A) of this section, the county, municipality, school district, or other local taxing unit: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the county, municipality, school district, or other local taxing unit is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq. (3) This section does not limit to two (2) the number of weeks the notices may be published for projects over fifty thousand dollars ($50,000). (c) (1) All notices shall contain: (A) A brief description of the kind or type of work contemplated; (B) The approximate location of the work contemplated; (C) The place at which prospective bidders may obtain plans and specifications, including any websites on which a county, municipality, or school district is posting notice of its intention to receive bids under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.; (D) The date, time, and place at which sealed bids shall be received; (E) The amount, which may be stated in a percentage, of the bid bond required; (F) A statement of the taxing unit's reservation of the right to reject any or all bids and to waive any formalities; and (G) Such other pertinent facts or information which to it may appear necessary or desirable. (2) (A) (i) Every bid submitted on public construction contracts for any political subdivision of the state is void unless accompanied by a cashier's check drawn upon a bank or trust company doing business in this state or by a corporate bid bond. (ii) Every bid submitted on public construction contracts for the state or any agency or department of the state is void unless accompanied by a cashier's check drawn upon a bank or trust company doing business in this state or by a corporate bid bond, except for projects under fifty thousand dollars ($50,000). (iii) A bid bond is not required for public construction contracts for the state or any agency or department of the state under or equal to fifty thousand dollars ($50,000). (B) This bid security shall indemnify the public against failure of the contractor to execute and deliver the contract and necessary bonds for faithful performance of the contract. (C) The bid security shall provide that the contractor or surety must pay the damage, loss, cost, and expense subject to the amount of the bid security directly arising out of the contractor's default in failing to execute and deliver the contract and bonds. (D) Liability under this bid security shall be limited to five percent (5%) of the amount of the bid. (d) On the date and time fixed in the notice, the board, commission, officer, or other authority in which or in whom authority is vested to award contracts shall open and compare the bids and thereafter award the contract to the lowest responsible bidder but only if it is the opinion of the authority that the best interests of the taxing unit would be served thereby. (e) In the event that all bids submitted exceed the amount appropriated for the award of the contract, the state agency or its designated representatives shall have the authority to negotiate an award with the apparent responsible low bidder but only if the low bid is within twenty-five percent (25%) of the amount appropriated. (f) (1) In the event that all bids submitted exceed the amount appropriated for the award of the contract and if bidding on alternates was not required by the plans and specifications, the county, municipality, school district, other local taxing unit, or institution of higher education shall have the authority to negotiate an award with the apparent responsible low bidder but only if the low bid is within twenty-five percent (25%) of the amount appropriated. (2) If the plans and specifications for the project require bids on alternates in addition to a base bid, there shall be no more than three (3) alternates, and the alternates shall: (A) Be deductive; and (B) Be set forth in the plans and specifications in numerical order. (3) If all bids submitted exceed the amount appropriated for the award of the contract, then the county, municipality, school district, other local taxing unit, or institution of higher education may determine the apparent responsible low bidder by deducting the alternates in numerical order. (4) After making the deductions, if the cost of the project is less than twenty-five percent (25%) above the amount appropriated, then and only in that event, the county, municipality, school district, other local taxing unit, or institution of higher education may negotiate an award with the low bidder so determined. (g) Whenever it is obvious from examination of the bid document that it was the intent of a bidder to submit a responsive bid and that the bid, if accepted, would create a serious financial loss to the bidder because of scrivener error, such as the transposition of figures, the board, commission, officer, or other authority in which or in whom authority is vested has the authority to relieve the bidder from responsibility under the bond and may reject the bid. (h) For projects of this state or any agency of the state, "amount appropriated" within this section means funds currently available for the project as determined by the state or any agency or department of the state or any county, municipality, school district, or other local taxing unit prior to the opening of any bids. (i) No contract providing for the making of major repairs or alterations, for the erection of buildings or other structures, or for making other permanent improvements shall be entered into by the state, any agency of the state, any county, municipality, school district, or other local taxing unit with any contractor in instances where all estimated costs of the work shall exceed the sum of seventy-five thousand dollars ($75,000) unless the bid documents contain statements which encourage the participation of small, minority, and women's business enterprises. (j) (1) Notwithstanding any other provision of law to the contrary, a municipality, sanitation authority, water system, or consolidated waterworks system may enter into contracts with private persons, firms, associations, corporations, joint ventures, or other legal entities, including a combination of any of those entities, to provide for the design, building, operation, or maintenance, including a combination of those activities, of all or any portion of its wastewater system, stormwater system, water system, solar energy generation equipment and facilities, other capital asset, or any combination of those systems and assets. (2) The contracts may include provisions for design, financing, construction, repair, reconditioning, replacement, operation, and maintenance of a system or asset, or any combination of those services and functions. (3) Prior to entering into a contract under this section, the governing authority shall solicit qualifications-based competitive sealed proposals. (4) The governing authority shall first establish criteria for evaluation of any entity submitting proposals on the contracts for the purpose of assisting the governing authority in making a review of the entity's previous performance on projects of comparable nature and magnitude and the environmental compliance record of the entity during the five (5) years immediately preceding the execution of the contract. (5) The governing authority shall take into consideration the information to assist in determining the eligibility of any entity. (6) The award of a contract under this section shall be made to the responsible and responsive entity whose proposal is determined in writing to be the most advantageous to the governmental authority, taking into consideration the evaluation factors set forth in the request for proposals. (7) The governing authority of the municipality or the sanitation authority shall employ an appropriately licensed professional who is independent of the contractor to monitor and perform an independent review and inspection of the design-build-operate-maintenance contract, or any part thereof, during its performance. (8) Before soliciting proposals for a design-build-operation-maintenance project, the governing authority of the municipality or the sanitation authority shall employ an appropriate licensed professional to perform the necessary studies and preliminary design to clearly establish the parameters for the project, including: (A) Acceptable processes and structural alternatives; and (B) Cost estimates for the acceptable alternatives. (k) (1) The state, an agency of the state, a county, a municipality, a school district, or other local taxing unit shall not require in plans or specifications that a bidder or supplier: (A) Hold membership in any professional or industry associations, societies, trade groups, or similar organizations; (B) Possess certification from any professional or industry associations, societies, trade groups, or similar organizations as steel building fabricators; or (C) Be endorsed by any professional or industry associations, societies, trade groups, or similar organizations. (2) However, plans and specifications may include or reference standards adopted by professional or industry associations, societies, trade groups, or similar organizations. (l) To the extent that the division includes minimum experience as part of the evaluation of a bidder's responsiveness, the standard being applied to the bidder's experience shall be stated in the invitation for bids. (m) A sealed bid under this section shall be submitted in one (1) of the following formats: (1) Written; or (2) Electronic media. Amended by Act 2023, No. 336,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 336,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 440,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 440,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 1075,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 1075,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 1075,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 1075,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 612,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 422,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6238, eff. 7/1/2019. Amended by Act 2017, No. 725,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 725,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 1059,§ 2, eff. 7/22/2015. Acts 1949, No. 159, §§ 1, 2; 1977, No. 370, § 1; 1981, No. 266, § 1; A.S.A. 1947, §§ 14-611, 14-612; Acts 1987, No. 758, § 4; 1995, No. 1319, § 2; 1997, No. 1193, § 1; 1999, No. 219, § 3; 1999, No. 675, §§ 1, 2; 1999, No. 1309, § 1; 1999, No. 1310, § 1; 2001, No. 921, § 1; 2001, No. 1051, § 1; 2003, No. 1297, § 1; 2005, No. 859, § 4; 2009, No. 813, § 1.

(a) Except as provided under § 14-58-105 , a contract providing for the making of major repairs or alterations, for the erection of buildings or other structures, or for making other permanent improvements shall not be entered into by the state or an agency of the state or by a county, municipality, school district, or other local taxing unit with any contractor in instances in which all estimated costs of the work exceed the sum of fifty thousand dollars ($50,000) unless: (1) (A) The state or any agency of the state shall have first published notice of its intention to receive bids one (1) time each week for not less than two (2) consecutive weeks for projects more than the amount of fifty thousand dollars ($50,000) in a newspaper of general circulation published in the county in which the proposed improvements are to be made. (B) In addition to the publication of notice required under subdivision (a)(1)(A) of this section, the state or agency of the state may also publish notice of its intention to receive bids in a trade journal reaching the construction industry; and (2) (A) The county, municipality, school district, or other local taxing unit shall have first published notice of its intention to receive bids one (1) time each week for not less than two (2) consecutive weeks in a newspaper of general circulation published in the county in which the proposed improvements are to be made. (B) In addition to the publication of notice required under subdivision (a)(2)(A) of this section, the county, municipality, school district, or other local taxing unit: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the county, municipality, school district, or other local taxing unit is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.

(1) (A) The state or any agency of the state shall have first published notice of its intention to receive bids one (1) time each week for not less than two (2) consecutive weeks for projects more than the amount of fifty thousand dollars ($50,000) in a newspaper of general circulation published in the county in which the proposed improvements are to be made. (B) In addition to the publication of notice required under subdivision (a)(1)(A) of this section, the state or agency of the state may also publish notice of its intention to receive bids in a trade journal reaching the construction industry; and

(A) The state or any agency of the state shall have first published notice of its intention to receive bids one (1) time each week for not less than two (2) consecutive weeks for projects more than the amount of fifty thousand dollars ($50,000) in a newspaper of general circulation published in the county in which the proposed improvements are to be made.

(B) In addition to the publication of notice required under subdivision (a)(1)(A) of this section, the state or agency of the state may also publish notice of its intention to receive bids in a trade journal reaching the construction industry; and

(2) (A) The county, municipality, school district, or other local taxing unit shall have first published notice of its intention to receive bids one (1) time each week for not less than two (2) consecutive weeks in a newspaper of general circulation published in the county in which the proposed improvements are to be made. (B) In addition to the publication of notice required under subdivision (a)(2)(A) of this section, the county, municipality, school district, or other local taxing unit: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the county, municipality, school district, or other local taxing unit is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.

(A) The county, municipality, school district, or other local taxing unit shall have first published notice of its intention to receive bids one (1) time each week for not less than two (2) consecutive weeks in a newspaper of general circulation published in the county in which the proposed improvements are to be made.

(B) In addition to the publication of notice required under subdivision (a)(2)(A) of this section, the county, municipality, school district, or other local taxing unit: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the county, municipality, school district, or other local taxing unit is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.

(i) May also publish notice in a trade journal reaching the construction industry; and

(ii) If the county, municipality, school district, or other local taxing unit is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.

(b) (1) The date of publication of the last notice shall be not less than one (1) week before the day fixed therein for the receipt of bids. (2) (A) If there is not a newspaper regularly published in the county in which the proposed work is to be done, the notices may be published in any newspaper having a general circulation in the county. (B) In addition to the publication of notice required under subdivision (b)(2)(A) of this section, the county, municipality, school district, or other local taxing unit: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the county, municipality, school district, or other local taxing unit is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq. (3) This section does not limit to two (2) the number of weeks the notices may be published for projects over fifty thousand dollars ($50,000).

(1) The date of publication of the last notice shall be not less than one (1) week before the day fixed therein for the receipt of bids.

(2) (A) If there is not a newspaper regularly published in the county in which the proposed work is to be done, the notices may be published in any newspaper having a general circulation in the county. (B) In addition to the publication of notice required under subdivision (b)(2)(A) of this section, the county, municipality, school district, or other local taxing unit: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the county, municipality, school district, or other local taxing unit is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.

(A) If there is not a newspaper regularly published in the county in which the proposed work is to be done, the notices may be published in any newspaper having a general circulation in the county.

(B) In addition to the publication of notice required under subdivision (b)(2)(A) of this section, the county, municipality, school district, or other local taxing unit: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the county, municipality, school district, or other local taxing unit is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.

(i) May also publish notice in a trade journal reaching the construction industry; and

(ii) If the county, municipality, school district, or other local taxing unit is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.

(3) This section does not limit to two (2) the number of weeks the notices may be published for projects over fifty thousand dollars ($50,000).

(c) (1) All notices shall contain: (A) A brief description of the kind or type of work contemplated; (B) The approximate location of the work contemplated; (C) The place at which prospective bidders may obtain plans and specifications, including any websites on which a county, municipality, or school district is posting notice of its intention to receive bids under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.; (D) The date, time, and place at which sealed bids shall be received; (E) The amount, which may be stated in a percentage, of the bid bond required; (F) A statement of the taxing unit's reservation of the right to reject any or all bids and to waive any formalities; and (G) Such other pertinent facts or information which to it may appear necessary or desirable. (2) (A) (i) Every bid submitted on public construction contracts for any political subdivision of the state is void unless accompanied by a cashier's check drawn upon a bank or trust company doing business in this state or by a corporate bid bond. (ii) Every bid submitted on public construction contracts for the state or any agency or department of the state is void unless accompanied by a cashier's check drawn upon a bank or trust company doing business in this state or by a corporate bid bond, except for projects under fifty thousand dollars ($50,000). (iii) A bid bond is not required for public construction contracts for the state or any agency or department of the state under or equal to fifty thousand dollars ($50,000). (B) This bid security shall indemnify the public against failure of the contractor to execute and deliver the contract and necessary bonds for faithful performance of the contract. (C) The bid security shall provide that the contractor or surety must pay the damage, loss, cost, and expense subject to the amount of the bid security directly arising out of the contractor's default in failing to execute and deliver the contract and bonds. (D) Liability under this bid security shall be limited to five percent (5%) of the amount of the bid.

(1) All notices shall contain: (A) A brief description of the kind or type of work contemplated; (B) The approximate location of the work contemplated; (C) The place at which prospective bidders may obtain plans and specifications, including any websites on which a county, municipality, or school district is posting notice of its intention to receive bids under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.; (D) The date, time, and place at which sealed bids shall be received; (E) The amount, which may be stated in a percentage, of the bid bond required; (F) A statement of the taxing unit's reservation of the right to reject any or all bids and to waive any formalities; and (G) Such other pertinent facts or information which to it may appear necessary or desirable.

(A) A brief description of the kind or type of work contemplated;

(B) The approximate location of the work contemplated;

(C) The place at which prospective bidders may obtain plans and specifications, including any websites on which a county, municipality, or school district is posting notice of its intention to receive bids under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.;

(D) The date, time, and place at which sealed bids shall be received;

(E) The amount, which may be stated in a percentage, of the bid bond required;

(F) A statement of the taxing unit's reservation of the right to reject any or all bids and to waive any formalities; and

(G) Such other pertinent facts or information which to it may appear necessary or desirable.

(2) (A) (i) Every bid submitted on public construction contracts for any political subdivision of the state is void unless accompanied by a cashier's check drawn upon a bank or trust company doing business in this state or by a corporate bid bond. (ii) Every bid submitted on public construction contracts for the state or any agency or department of the state is void unless accompanied by a cashier's check drawn upon a bank or trust company doing business in this state or by a corporate bid bond, except for projects under fifty thousand dollars ($50,000). (iii) A bid bond is not required for public construction contracts for the state or any agency or department of the state under or equal to fifty thousand dollars ($50,000). (B) This bid security shall indemnify the public against failure of the contractor to execute and deliver the contract and necessary bonds for faithful performance of the contract. (C) The bid security shall provide that the contractor or surety must pay the damage, loss, cost, and expense subject to the amount of the bid security directly arising out of the contractor's default in failing to execute and deliver the contract and bonds. (D) Liability under this bid security shall be limited to five percent (5%) of the amount of the bid.

(A) (i) Every bid submitted on public construction contracts for any political subdivision of the state is void unless accompanied by a cashier's check drawn upon a bank or trust company doing business in this state or by a corporate bid bond. (ii) Every bid submitted on public construction contracts for the state or any agency or department of the state is void unless accompanied by a cashier's check drawn upon a bank or trust company doing business in this state or by a corporate bid bond, except for projects under fifty thousand dollars ($50,000). (iii) A bid bond is not required for public construction contracts for the state or any agency or department of the state under or equal to fifty thousand dollars ($50,000).

(i) Every bid submitted on public construction contracts for any political subdivision of the state is void unless accompanied by a cashier's check drawn upon a bank or trust company doing business in this state or by a corporate bid bond.

(ii) Every bid submitted on public construction contracts for the state or any agency or department of the state is void unless accompanied by a cashier's check drawn upon a bank or trust company doing business in this state or by a corporate bid bond, except for projects under fifty thousand dollars ($50,000).

(iii) A bid bond is not required for public construction contracts for the state or any agency or department of the state under or equal to fifty thousand dollars ($50,000).

(B) This bid security shall indemnify the public against failure of the contractor to execute and deliver the contract and necessary bonds for faithful performance of the contract.

(C) The bid security shall provide that the contractor or surety must pay the damage, loss, cost, and expense subject to the amount of the bid security directly arising out of the contractor's default in failing to execute and deliver the contract and bonds.

(D) Liability under this bid security shall be limited to five percent (5%) of the amount of the bid.

(d) On the date and time fixed in the notice, the board, commission, officer, or other authority in which or in whom authority is vested to award contracts shall open and compare the bids and thereafter award the contract to the lowest responsible bidder but only if it is the opinion of the authority that the best interests of the taxing unit would be served thereby.

(e) In the event that all bids submitted exceed the amount appropriated for the award of the contract, the state agency or its designated representatives shall have the authority to negotiate an award with the apparent responsible low bidder but only if the low bid is within twenty-five percent (25%) of the amount appropriated.

(f) (1) In the event that all bids submitted exceed the amount appropriated for the award of the contract and if bidding on alternates was not required by the plans and specifications, the county, municipality, school district, other local taxing unit, or institution of higher education shall have the authority to negotiate an award with the apparent responsible low bidder but only if the low bid is within twenty-five percent (25%) of the amount appropriated. (2) If the plans and specifications for the project require bids on alternates in addition to a base bid, there shall be no more than three (3) alternates, and the alternates shall: (A) Be deductive; and (B) Be set forth in the plans and specifications in numerical order. (3) If all bids submitted exceed the amount appropriated for the award of the contract, then the county, municipality, school district, other local taxing unit, or institution of higher education may determine the apparent responsible low bidder by deducting the alternates in numerical order. (4) After making the deductions, if the cost of the project is less than twenty-five percent (25%) above the amount appropriated, then and only in that event, the county, municipality, school district, other local taxing unit, or institution of higher education may negotiate an award with the low bidder so determined.

(1) In the event that all bids submitted exceed the amount appropriated for the award of the contract and if bidding on alternates was not required by the plans and specifications, the county, municipality, school district, other local taxing unit, or institution of higher education shall have the authority to negotiate an award with the apparent responsible low bidder but only if the low bid is within twenty-five percent (25%) of the amount appropriated.

(2) If the plans and specifications for the project require bids on alternates in addition to a base bid, there shall be no more than three (3) alternates, and the alternates shall: (A) Be deductive; and (B) Be set forth in the plans and specifications in numerical order.

(A) Be deductive; and

(B) Be set forth in the plans and specifications in numerical order.

(3) If all bids submitted exceed the amount appropriated for the award of the contract, then the county, municipality, school district, other local taxing unit, or institution of higher education may determine the apparent responsible low bidder by deducting the alternates in numerical order.

(4) After making the deductions, if the cost of the project is less than twenty-five percent (25%) above the amount appropriated, then and only in that event, the county, municipality, school district, other local taxing unit, or institution of higher education may negotiate an award with the low bidder so determined.

(g) Whenever it is obvious from examination of the bid document that it was the intent of a bidder to submit a responsive bid and that the bid, if accepted, would create a serious financial loss to the bidder because of scrivener error, such as the transposition of figures, the board, commission, officer, or other authority in which or in whom authority is vested has the authority to relieve the bidder from responsibility under the bond and may reject the bid.

(h) For projects of this state or any agency of the state, "amount appropriated" within this section means funds currently available for the project as determined by the state or any agency or department of the state or any county, municipality, school district, or other local taxing unit prior to the opening of any bids.

(i) No contract providing for the making of major repairs or alterations, for the erection of buildings or other structures, or for making other permanent improvements shall be entered into by the state, any agency of the state, any county, municipality, school district, or other local taxing unit with any contractor in instances where all estimated costs of the work shall exceed the sum of seventy-five thousand dollars ($75,000) unless the bid documents contain statements which encourage the participation of small, minority, and women's business enterprises.

(j) (1) Notwithstanding any other provision of law to the contrary, a municipality, sanitation authority, water system, or consolidated waterworks system may enter into contracts with private persons, firms, associations, corporations, joint ventures, or other legal entities, including a combination of any of those entities, to provide for the design, building, operation, or maintenance, including a combination of those activities, of all or any portion of its wastewater system, stormwater system, water system, solar energy generation equipment and facilities, other capital asset, or any combination of those systems and assets. (2) The contracts may include provisions for design, financing, construction, repair, reconditioning, replacement, operation, and maintenance of a system or asset, or any combination of those services and functions. (3) Prior to entering into a contract under this section, the governing authority shall solicit qualifications-based competitive sealed proposals. (4) The governing authority shall first establish criteria for evaluation of any entity submitting proposals on the contracts for the purpose of assisting the governing authority in making a review of the entity's previous performance on projects of comparable nature and magnitude and the environmental compliance record of the entity during the five (5) years immediately preceding the execution of the contract. (5) The governing authority shall take into consideration the information to assist in determining the eligibility of any entity. (6) The award of a contract under this section shall be made to the responsible and responsive entity whose proposal is determined in writing to be the most advantageous to the governmental authority, taking into consideration the evaluation factors set forth in the request for proposals. (7) The governing authority of the municipality or the sanitation authority shall employ an appropriately licensed professional who is independent of the contractor to monitor and perform an independent review and inspection of the design-build-operate-maintenance contract, or any part thereof, during its performance. (8) Before soliciting proposals for a design-build-operation-maintenance project, the governing authority of the municipality or the sanitation authority shall employ an appropriate licensed professional to perform the necessary studies and preliminary design to clearly establish the parameters for the project, including: (A) Acceptable processes and structural alternatives; and (B) Cost estimates for the acceptable alternatives.

(1) Notwithstanding any other provision of law to the contrary, a municipality, sanitation authority, water system, or consolidated waterworks system may enter into contracts with private persons, firms, associations, corporations, joint ventures, or other legal entities, including a combination of any of those entities, to provide for the design, building, operation, or maintenance, including a combination of those activities, of all or any portion of its wastewater system, stormwater system, water system, solar energy generation equipment and facilities, other capital asset, or any combination of those systems and assets.

(2) The contracts may include provisions for design, financing, construction, repair, reconditioning, replacement, operation, and maintenance of a system or asset, or any combination of those services and functions.

(3) Prior to entering into a contract under this section, the governing authority shall solicit qualifications-based competitive sealed proposals.

(4) The governing authority shall first establish criteria for evaluation of any entity submitting proposals on the contracts for the purpose of assisting the governing authority in making a review of the entity's previous performance on projects of comparable nature and magnitude and the environmental compliance record of the entity during the five (5) years immediately preceding the execution of the contract.

(5) The governing authority shall take into consideration the information to assist in determining the eligibility of any entity.

(6) The award of a contract under this section shall be made to the responsible and responsive entity whose proposal is determined in writing to be the most advantageous to the governmental authority, taking into consideration the evaluation factors set forth in the request for proposals.

(7) The governing authority of the municipality or the sanitation authority shall employ an appropriately licensed professional who is independent of the contractor to monitor and perform an independent review and inspection of the design-build-operate-maintenance contract, or any part thereof, during its performance.

(8) Before soliciting proposals for a design-build-operation-maintenance project, the governing authority of the municipality or the sanitation authority shall employ an appropriate licensed professional to perform the necessary studies and preliminary design to clearly establish the parameters for the project, including: (A) Acceptable processes and structural alternatives; and (B) Cost estimates for the acceptable alternatives.

(A) Acceptable processes and structural alternatives; and

(B) Cost estimates for the acceptable alternatives.

(k) (1) The state, an agency of the state, a county, a municipality, a school district, or other local taxing unit shall not require in plans or specifications that a bidder or supplier: (A) Hold membership in any professional or industry associations, societies, trade groups, or similar organizations; (B) Possess certification from any professional or industry associations, societies, trade groups, or similar organizations as steel building fabricators; or (C) Be endorsed by any professional or industry associations, societies, trade groups, or similar organizations. (2) However, plans and specifications may include or reference standards adopted by professional or industry associations, societies, trade groups, or similar organizations.

(1) The state, an agency of the state, a county, a municipality, a school district, or other local taxing unit shall not require in plans or specifications that a bidder or supplier: (A) Hold membership in any professional or industry associations, societies, trade groups, or similar organizations; (B) Possess certification from any professional or industry associations, societies, trade groups, or similar organizations as steel building fabricators; or (C) Be endorsed by any professional or industry associations, societies, trade groups, or similar organizations.

(A) Hold membership in any professional or industry associations, societies, trade groups, or similar organizations;

(B) Possess certification from any professional or industry associations, societies, trade groups, or similar organizations as steel building fabricators; or

(C) Be endorsed by any professional or industry associations, societies, trade groups, or similar organizations.

(2) However, plans and specifications may include or reference standards adopted by professional or industry associations, societies, trade groups, or similar organizations.

(l) To the extent that the division includes minimum experience as part of the evaluation of a bidder's responsiveness, the standard being applied to the bidder's experience shall be stated in the invitation for bids.

(m) A sealed bid under this section shall be submitted in one (1) of the following formats: (1) Written; or (2) Electronic media.

(1) Written; or

(2) Electronic media.

Amended by Act 2023, No. 336,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 336,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 440,§ 6, eff. 7/28/2021.

Amended by Act 2021, No. 440,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 1075,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 1075,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 1075,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 1075,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 612,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 422,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6238, eff. 7/1/2019.

Amended by Act 2017, No. 725,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 725,§ 3, eff. 8/1/2017.

Amended by Act 2015, No. 1059,§ 2, eff. 7/22/2015.

Acts 1949, No. 159, §§ 1, 2; 1977, No. 370, § 1; 1981, No. 266, § 1; A.S.A. 1947, §§ 14-611, 14-612; Acts 1987, No. 758, § 4; 1995, No. 1319, § 2; 1997, No. 1193, § 1; 1999, No. 219, § 3; 1999, No. 675, §§ 1, 2; 1999, No. 1309, § 1; 1999, No. 1310, § 1; 2001, No. 921, § 1; 2001, No. 1051, § 1; 2003, No. 1297, § 1; 2005, No. 859, § 4; 2009, No. 813, § 1.
Ark. Code Ann. § 22-9-904 — AR Code / Title 22 / Chapter 9 / Subchapter 9 / Section 22-9-904
Public Works Committee - Creation - Duties - Immunity
Status: in_force

(a) (1) The Public Works Committee is created and, except as provided in subdivision (a)(2) of this section, shall have the following members: (A) The State Procurement Director or his or her designee; (B) The Executive Director of the Arkansas Press Association, Inc. or his or her designee; (C) The Executive Director of the Association of Arkansas Counties or his or her designee; (D) The President of the Arkansas Municipal League or his or her designee; and (E) The Executive Director of the Arkansas Association of Educational Administrators or his or her designee. (2) If a member of the committee elects not to participate: (A) The Governor shall appoint a replacement; and (B) The member who elects not to participate is not part of the committee. (b) The committee shall meet as needed but at least one (1) time each year. (c) The committee shall: (1) Administer this subchapter; (2) Prepare an annual report on the performance of the vendors selected under this subchapter and submit the report to the Office of State Procurement; (3) Hear any complaints from interested individuals or entities relating to vendors selected under this subchapter; (4) Prepare an annual report concerning the success of this subchapter and submit the report to the Office of State Procurement; and (5) Perform an annual review and remove any noncompliant vendors under § 22-9-907 . (d) A majority vote of the members of the committee is required for the committee to take action. (e) (1) The committee has the same immunity granted to state agencies under the Arkansas Constitution. (2) The individual members of the committee are immune to the same extent as state employees under § 19-10-305 . Added by Act 2019, No. 1075,§ 2, eff. 7/24/2019.

(a) (1) The Public Works Committee is created and, except as provided in subdivision (a)(2) of this section, shall have the following members: (A) The State Procurement Director or his or her designee; (B) The Executive Director of the Arkansas Press Association, Inc. or his or her designee; (C) The Executive Director of the Association of Arkansas Counties or his or her designee; (D) The President of the Arkansas Municipal League or his or her designee; and (E) The Executive Director of the Arkansas Association of Educational Administrators or his or her designee. (2) If a member of the committee elects not to participate: (A) The Governor shall appoint a replacement; and (B) The member who elects not to participate is not part of the committee.

(1) The Public Works Committee is created and, except as provided in subdivision (a)(2) of this section, shall have the following members: (A) The State Procurement Director or his or her designee; (B) The Executive Director of the Arkansas Press Association, Inc. or his or her designee; (C) The Executive Director of the Association of Arkansas Counties or his or her designee; (D) The President of the Arkansas Municipal League or his or her designee; and (E) The Executive Director of the Arkansas Association of Educational Administrators or his or her designee.

(A) The State Procurement Director or his or her designee;

(B) The Executive Director of the Arkansas Press Association, Inc. or his or her designee;

(C) The Executive Director of the Association of Arkansas Counties or his or her designee;

(D) The President of the Arkansas Municipal League or his or her designee; and

(E) The Executive Director of the Arkansas Association of Educational Administrators or his or her designee.

(2) If a member of the committee elects not to participate: (A) The Governor shall appoint a replacement; and (B) The member who elects not to participate is not part of the committee.

(A) The Governor shall appoint a replacement; and

(B) The member who elects not to participate is not part of the committee.

(b) The committee shall meet as needed but at least one (1) time each year.

(c) The committee shall: (1) Administer this subchapter; (2) Prepare an annual report on the performance of the vendors selected under this subchapter and submit the report to the Office of State Procurement; (3) Hear any complaints from interested individuals or entities relating to vendors selected under this subchapter; (4) Prepare an annual report concerning the success of this subchapter and submit the report to the Office of State Procurement; and (5) Perform an annual review and remove any noncompliant vendors under § 22-9-907 .

(1) Administer this subchapter;

(2) Prepare an annual report on the performance of the vendors selected under this subchapter and submit the report to the Office of State Procurement;

(3) Hear any complaints from interested individuals or entities relating to vendors selected under this subchapter;

(4) Prepare an annual report concerning the success of this subchapter and submit the report to the Office of State Procurement; and

(5) Perform an annual review and remove any noncompliant vendors under § 22-9-907 .

(d) A majority vote of the members of the committee is required for the committee to take action.

(e) (1) The committee has the same immunity granted to state agencies under the Arkansas Constitution. (2) The individual members of the committee are immune to the same extent as state employees under § 19-10-305 .

(1) The committee has the same immunity granted to state agencies under the Arkansas Constitution.

(2) The individual members of the committee are immune to the same extent as state employees under § 19-10-305 .

Added by Act 2019, No. 1075,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 22-6-405 — AR Code / Title 22 / Chapter 6 / Subchapter 4 / Section 22-6-405
Conflicting claims
Status: in_force

(a) When there are conflicting claims to swamp and overflowed lands, the Commissioner of State Lands may administer oaths and shall decide, upon proper notice to the parties and upon hearing testimony and statements under oath, to whom the patent certificate shall be issued in accordance with the law on the subject and shall issue the patent certificate accordingly. (b) Should the other party whose claim is not allowed desire a certificate for the Auditor of State, upon which to have the amount paid by him or her for the land refunded, the Commissioner of State Lands shall issue the necessary certificate to enable him or her to do so, upon his or her surrendering his or her original certificate to the Commissioner of State Lands. Acts 1855, § 5, p. 202; C. & M. Dig., § 6765; Pope's Dig., § 8697; A.S.A. 1947, § 10-807.

(a) When there are conflicting claims to swamp and overflowed lands, the Commissioner of State Lands may administer oaths and shall decide, upon proper notice to the parties and upon hearing testimony and statements under oath, to whom the patent certificate shall be issued in accordance with the law on the subject and shall issue the patent certificate accordingly.

(b) Should the other party whose claim is not allowed desire a certificate for the Auditor of State, upon which to have the amount paid by him or her for the land refunded, the Commissioner of State Lands shall issue the necessary certificate to enable him or her to do so, upon his or her surrendering his or her original certificate to the Commissioner of State Lands.

Acts 1855, § 5, p. 202; C. & M. Dig., § 6765; Pope's Dig., § 8697; A.S.A. 1947, § 10-807.
Ark. Code Ann. § 22-6-403 — AR Code / Title 22 / Chapter 6 / Subchapter 4 / Section 22-6-403
Conveyance
Status: in_force

(a) When the report of the appraisers has been filed with the Commissioner of State Lands, he or she shall notify the applicant of the value of the land as fixed by the appraisers and, upon the applicant's paying into the State Treasury the value of the lands as determined by the report of the appraisers and presenting his or her receipt to the Commissioner of State Lands, the Commissioner of State Lands shall issue a patent conveying to the applicant all the right, title, interest, and claim which the State of Arkansas may have acquired in and to the lands by virtue of 9 Stat. 519, Ch. 84. (b) In no event shall any of the lands known as swamp and overflowed lands in this state be sold for less than two dollars and fifty cents ($2.50) per acre. (c) Should the applicant fail and neglect to pay into the State Treasury within a period of six (6) months from the date of the filing of the appraisers' report with the Commissioner of State Lands the amount necessary to purchase the lands, the Commissioner of State Lands may thereafter, for a period of three (3) years from the date of the filing of the appraisers' report, convey the land to any other person who may apply to purchase the land and pay into the State Treasury the price therefor as determined by the appraisers. (d) If the land is not sold within three (3) years after the date of the filing of the appraisers' report with the Commissioner of State Lands, it cannot thereafter be sold or conveyed to anyone by the Commissioner of State Lands until the land has been reappraised in like manner as provided by this subchapter. Acts 1937, No. 128, § 4; Pope's Dig., § 8753; A.S.A. 1947, § 10-804.

(a) When the report of the appraisers has been filed with the Commissioner of State Lands, he or she shall notify the applicant of the value of the land as fixed by the appraisers and, upon the applicant's paying into the State Treasury the value of the lands as determined by the report of the appraisers and presenting his or her receipt to the Commissioner of State Lands, the Commissioner of State Lands shall issue a patent conveying to the applicant all the right, title, interest, and claim which the State of Arkansas may have acquired in and to the lands by virtue of 9 Stat. 519, Ch. 84.

(b) In no event shall any of the lands known as swamp and overflowed lands in this state be sold for less than two dollars and fifty cents ($2.50) per acre.

(c) Should the applicant fail and neglect to pay into the State Treasury within a period of six (6) months from the date of the filing of the appraisers' report with the Commissioner of State Lands the amount necessary to purchase the lands, the Commissioner of State Lands may thereafter, for a period of three (3) years from the date of the filing of the appraisers' report, convey the land to any other person who may apply to purchase the land and pay into the State Treasury the price therefor as determined by the appraisers.

(d) If the land is not sold within three (3) years after the date of the filing of the appraisers' report with the Commissioner of State Lands, it cannot thereafter be sold or conveyed to anyone by the Commissioner of State Lands until the land has been reappraised in like manner as provided by this subchapter.

Acts 1937, No. 128, § 4; Pope's Dig., § 8753; A.S.A. 1947, § 10-804.
Ark. Code Ann. § 22-4-405 — AR Code / Title 22 / Chapter 4 / Subchapter 4 / Section 22-4-405
Criteria for acceptance into Arkansas Trails System
Status: in_force

Trails accepted into the Arkansas Trails System shall meet criteria as established by the Arkansas Trails Council and the State Parks Division, which shall include: (1) A guaranteed right-of-way for public use for a minimum period of five (5) years; (2) Trail operation and maintenance for a minimum period of five (5) years by an acceptable responsible organization; (3) Adherence to state trails standards and guidelines for the trail type designated; (4) Readiness of the trail for public use; (5) Proper marking and signing; and (6) Conformity of the trail with goals established in the Statewide Comprehensive Outdoor Recreation Plan or the Arkansas Trails Plan. Amended by Act 2019, No. 910,§ 5699, eff. 7/1/2019. Acts 1979, No. 132, § 6; A.S.A. 1947, § 9-603.6.

Trails accepted into the Arkansas Trails System shall meet criteria as established by the Arkansas Trails Council and the State Parks Division, which shall include:

(1) A guaranteed right-of-way for public use for a minimum period of five (5) years;

(2) Trail operation and maintenance for a minimum period of five (5) years by an acceptable responsible organization;

(3) Adherence to state trails standards and guidelines for the trail type designated;

(4) Readiness of the trail for public use;

(5) Proper marking and signing; and

(6) Conformity of the trail with goals established in the Statewide Comprehensive Outdoor Recreation Plan or the Arkansas Trails Plan.

Amended by Act 2019, No. 910,§ 5699, eff. 7/1/2019.

Acts 1979, No. 132, § 6; A.S.A. 1947, § 9-603.6.
Ark. Code Ann. § 22-5-410 — AR Code / Title 22 / Chapter 5 / Subchapter 4 / Section 22-5-410
Overdue tax lands and internal improvement lands
Status: in_force

(a) Where the claim of the State of Arkansas to any land sold to the state under decree of the Pulaski County Chancery Court and under decree of the circuit and chancery courts of the various counties of the state, known as overdue tax decrees, and under decrees of the Pulaski County Chancery Court wherein various tracts of internal improvement lands were decreed to be sold and were sold back to the state, conflicts with the claim of any citizen or resident of the State of Arkansas who has been in possession of the land, or who, together with those under whom he or she claims and from whom he or she deraigns title by deed or inheritance, shall have paid the regular amount of county and state taxes assessed against the land, the taxes having been assessed against the land at the same rate as other lands to which the state has and had no claim were assessed, for twenty (20) years continuously prior to the passage of this section, the State of Arkansas relinquishes its title to the land in favor of the occupant and claimant thereof. (b) When the owner or occupant shall present to the Commissioner of State Lands satisfactory proof that he or she and those under whom he or she claims and from whom he or she deraigns title have been in continuous and undisturbed possession of the land for a period of twenty (20) years, or shall have continuously paid taxes thereon for a period of twenty (20) years under color of title, it is the duty of the Commissioner of State Lands to execute to the owner, occupant, or claimant a deed quitclaiming all the title and interest of the state in the land on payment to the Commissioner of State Lands of a fee of five dollars ($5.00). Acts 1921, No. 671, §§ 1, 2; Pope's Dig., §§ 1862, 1863, 8689, 8690; A.S.A. 1947, §§ 10-212, 10-213.

(a) Where the claim of the State of Arkansas to any land sold to the state under decree of the Pulaski County Chancery Court and under decree of the circuit and chancery courts of the various counties of the state, known as overdue tax decrees, and under decrees of the Pulaski County Chancery Court wherein various tracts of internal improvement lands were decreed to be sold and were sold back to the state, conflicts with the claim of any citizen or resident of the State of Arkansas who has been in possession of the land, or who, together with those under whom he or she claims and from whom he or she deraigns title by deed or inheritance, shall have paid the regular amount of county and state taxes assessed against the land, the taxes having been assessed against the land at the same rate as other lands to which the state has and had no claim were assessed, for twenty (20) years continuously prior to the passage of this section, the State of Arkansas relinquishes its title to the land in favor of the occupant and claimant thereof.

(b) When the owner or occupant shall present to the Commissioner of State Lands satisfactory proof that he or she and those under whom he or she claims and from whom he or she deraigns title have been in continuous and undisturbed possession of the land for a period of twenty (20) years, or shall have continuously paid taxes thereon for a period of twenty (20) years under color of title, it is the duty of the Commissioner of State Lands to execute to the owner, occupant, or claimant a deed quitclaiming all the title and interest of the state in the land on payment to the Commissioner of State Lands of a fee of five dollars ($5.00).

Acts 1921, No. 671, §§ 1, 2; Pope's Dig., §§ 1862, 1863, 8689, 8690; A.S.A. 1947, §§ 10-212, 10-213.
Ark. Code Ann. § 22-6-110 — AR Code / Title 22 / Chapter 6 / Subchapter 1 / Section 22-6-110
Confirmation of sales of lands paid for with levee bonds
Status: in_force

(a) All sales of lands formerly owned by the State of Arkansas conducted pursuant to the decrees of the Pulaski County Chancery Court in favor of the State of Arkansas, condemning the lands for sale to pay the unpaid purchase price thereof, which sales were held and conducted by the commissioner of the court in substantial conformity to the decrees, were reported to and were approved and confirmed by the court, and were made for a price payable in Arkansas levee bonds to May 1, 1878, are ratified and confirmed and made valid as if the lands had been paid for in valid funds. (b) When the owner and occupant of any of the lands shall present to the Commissioner of State Lands a duly certified copy of the proceedings of the court affecting the lands claimed by him or her and showing that the land was sold prior to May 1, 1878, and paid for in Arkansas levee bonds and that the sale was approved and confirmed by the court, and when the owner shall file a petition with the Commissioner of State Lands setting forth the evidence of his or her title, showing title derived by him or her from the purchaser at the sale so held under decree of the court prior to May 1, 1878, and showing that the claimant and those under whom he or she claims title have continuously paid taxes on the lands for at least seven (7) years immediately preceding the filing of the petition, it shall be the duty of the Commissioner of State Lands to execute to the record owner a deed in the name of the State of Arkansas, quieting all the right, title, and claim of the State of Arkansas in the land claimed and held by each owner. Acts 1919, No. 226, §§ 1, 2; C. & M. Dig., § 6785; Pope's Dig., § 8710; A.S.A. 1947, §§ 10-528, 10-529.

(a) All sales of lands formerly owned by the State of Arkansas conducted pursuant to the decrees of the Pulaski County Chancery Court in favor of the State of Arkansas, condemning the lands for sale to pay the unpaid purchase price thereof, which sales were held and conducted by the commissioner of the court in substantial conformity to the decrees, were reported to and were approved and confirmed by the court, and were made for a price payable in Arkansas levee bonds to May 1, 1878, are ratified and confirmed and made valid as if the lands had been paid for in valid funds.

(b) When the owner and occupant of any of the lands shall present to the Commissioner of State Lands a duly certified copy of the proceedings of the court affecting the lands claimed by him or her and showing that the land was sold prior to May 1, 1878, and paid for in Arkansas levee bonds and that the sale was approved and confirmed by the court, and when the owner shall file a petition with the Commissioner of State Lands setting forth the evidence of his or her title, showing title derived by him or her from the purchaser at the sale so held under decree of the court prior to May 1, 1878, and showing that the claimant and those under whom he or she claims title have continuously paid taxes on the lands for at least seven (7) years immediately preceding the filing of the petition, it shall be the duty of the Commissioner of State Lands to execute to the record owner a deed in the name of the State of Arkansas, quieting all the right, title, and claim of the State of Arkansas in the land claimed and held by each owner.

Acts 1919, No. 226, §§ 1, 2; C. & M. Dig., § 6785; Pope's Dig., § 8710; A.S.A. 1947, §§ 10-528, 10-529.
Ark. Code Ann. § 22-5-401 — AR Code / Title 22 / Chapter 5 / Subchapter 4 / Section 22-5-401
Suits to recover state's property or quiet title
Status: in_force

(a) It shall be the duty of the Attorney General, and any assistant attorney appointed by the Governor on a contingency fee not to exceed twenty-five percent (25%), to institute suit in the name of the state to recover any forgotten, lost, or other outstanding public interest or property or to quiet title to any lands, whether surveyed or unsurveyed, whether known or hereafter discovered, to which the state, either in law or equity, may have or claim title, and which for any reason may not appear on the records of the Commissioner of State Lands. (b) It shall also be the duty of the Attorney General and any assistant attorney to investigate the records of the Commissioner of State Lands for the purpose of determining whether title has been obtained to any of the state's lands by any illegal or fraudulent methods. If it shall appear that title is held by any person, company, or corporation to any lands through or by any conveyance from the state obtained by fraudulent or false acts or means, statements, or oaths, the Attorney General and assistant attorneys shall institute suit in the proper court to cancel the conveyance and recover those lands. (c) It shall be the duty of the Attorney General and his or her assistants to make a detailed list and description of any such lands and file the list with the Commissioner of State Lands after the lands shall have been adjudicated as the property of the state. (d) If suit is brought to recover or quiet title in equity, an order may be obtained for the sale of the land as in the case of sales of lands upon decree in equity, and, after paying expenses, the balance of the purchase money shall be deposited into the State Treasury. (e) This section shall not apply to persons who hold title to lands at the time of any alleged forfeiture for taxes or to their grantees, where the taxes have been continuously paid since the alleged forfeitures. Acts 1915, No. 194, § 1; C. & M. Dig., §§ 4532, 9295; Pope's Dig., §§ 5589, 11981; A.S.A. 1947, § 10-201.

(a) It shall be the duty of the Attorney General, and any assistant attorney appointed by the Governor on a contingency fee not to exceed twenty-five percent (25%), to institute suit in the name of the state to recover any forgotten, lost, or other outstanding public interest or property or to quiet title to any lands, whether surveyed or unsurveyed, whether known or hereafter discovered, to which the state, either in law or equity, may have or claim title, and which for any reason may not appear on the records of the Commissioner of State Lands.

(b) It shall also be the duty of the Attorney General and any assistant attorney to investigate the records of the Commissioner of State Lands for the purpose of determining whether title has been obtained to any of the state's lands by any illegal or fraudulent methods. If it shall appear that title is held by any person, company, or corporation to any lands through or by any conveyance from the state obtained by fraudulent or false acts or means, statements, or oaths, the Attorney General and assistant attorneys shall institute suit in the proper court to cancel the conveyance and recover those lands.

(c) It shall be the duty of the Attorney General and his or her assistants to make a detailed list and description of any such lands and file the list with the Commissioner of State Lands after the lands shall have been adjudicated as the property of the state.

(d) If suit is brought to recover or quiet title in equity, an order may be obtained for the sale of the land as in the case of sales of lands upon decree in equity, and, after paying expenses, the balance of the purchase money shall be deposited into the State Treasury.

(e) This section shall not apply to persons who hold title to lands at the time of any alleged forfeiture for taxes or to their grantees, where the taxes have been continuously paid since the alleged forfeitures.

Acts 1915, No. 194, § 1; C. & M. Dig., §§ 4532, 9295; Pope's Dig., §§ 5589, 11981; A.S.A. 1947, § 10-201.
Ark. Code Ann. § 22-6-118 — AR Code / Title 22 / Chapter 6 / Subchapter 1 / Section 22-6-118
Exemptions from sections 22-6-117 requirement
Status: in_force

The provisions of this section and § 22-6-117 shall not apply to the following: (1) Conveyance by the state of tax-delinquent property; (2) Leases of state property of a duration of one (1) year or less; (3) Leases of state property to state employees for housing; (4) Conveyances of state property by one (1) state agency to another state agency; and (5) Easements or any lesser estate in land granted by any state agency. Acts 1997, No. 1315, § 2.

The provisions of this section and § 22-6-117 shall not apply to the following:

(1) Conveyance by the state of tax-delinquent property;

(2) Leases of state property of a duration of one (1) year or less;

(3) Leases of state property to state employees for housing;

(4) Conveyances of state property by one (1) state agency to another state agency; and

(5) Easements or any lesser estate in land granted by any state agency.

Acts 1997, No. 1315, § 2.
Ark. Code Ann. § 22-9-305 — AR Code / Title 22 / Chapter 9 / Subchapter 3 / Section 22-9-305
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017. Acts 1969, No. 74, § 7; A.S.A. 1947, § 14-636; Acts 1995, No. 548, § 3.

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.

Acts 1969, No. 74, § 7; A.S.A. 1947, § 14-636; Acts 1995, No. 548, § 3.
Ark. Code Ann. § 22-9-104 — AR Code / Title 22 / Chapter 9 / Subchapter 1 / Section 22-9-104
Proposed capital expenditures - Definition
Status: in_force

(a) Prior to the convening of regular sessions of the General Assembly, each state agency, department, or institution shall submit a proposed capital expenditures request which shall: (1) Identify each public works construction project proposed to be constructed or obligated by construction contract by the governmental body during the next biennial period of the state; (2) Indicate a method of financing the construction through state appropriation, federal grants, revenue bonds, or revenue notes provided by law, the use of agency or institutional receipts, the use of donated funds from private sources, or a combination of one (1) or more such sources; and (3) Be accompanied by estimates of the cost of maintaining and operating the capital improvement facility once constructed. (b) After appropriate hearings and review, the General Assembly shall designate each proposed capital expenditure for construction which has been approved and the method of financing the proposed capital expenditure. (c) Proposed capital expenditure projects shall not be undertaken until approved by the General Assembly. (d) (1) In unusual circumstances between sessions of the General Assembly, a state agency, department, or institution which needs to make a capital expenditure in excess of two hundred fifty thousand dollars ($250,000), which has not been approved by the General Assembly, may submit a request for the expenditure to the Chief Fiscal Officer of the State, who shall review the request and submit his or her recommendation for the method of finance for the expenditure to the Legislative Council for its advice and recommendation. (2) Upon obtaining the advice and recommendation of the Legislative Council, the state agency, department, or institution is authorized to proceed with the capital expenditure, subject to the provisions of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., and other fiscal laws of the state. (e) As used in this section, "public works construction project" means the purchase or construction of all lands, buildings, structures, utility systems, and similar facilities for the use of the governmental body filing the request but shall not include projects involving less than two hundred fifty thousand dollars ($250,000). (f) Nothing in this section shall apply to public school districts. Acts 1971, No. 104, § 3; 1977, No. 273, § 1; A.S.A. 1947, § 14-651; Acts 1999, No. 776, § 1.

(a) Prior to the convening of regular sessions of the General Assembly, each state agency, department, or institution shall submit a proposed capital expenditures request which shall: (1) Identify each public works construction project proposed to be constructed or obligated by construction contract by the governmental body during the next biennial period of the state; (2) Indicate a method of financing the construction through state appropriation, federal grants, revenue bonds, or revenue notes provided by law, the use of agency or institutional receipts, the use of donated funds from private sources, or a combination of one (1) or more such sources; and (3) Be accompanied by estimates of the cost of maintaining and operating the capital improvement facility once constructed.

(1) Identify each public works construction project proposed to be constructed or obligated by construction contract by the governmental body during the next biennial period of the state;

(2) Indicate a method of financing the construction through state appropriation, federal grants, revenue bonds, or revenue notes provided by law, the use of agency or institutional receipts, the use of donated funds from private sources, or a combination of one (1) or more such sources; and

(3) Be accompanied by estimates of the cost of maintaining and operating the capital improvement facility once constructed.

(b) After appropriate hearings and review, the General Assembly shall designate each proposed capital expenditure for construction which has been approved and the method of financing the proposed capital expenditure.

(c) Proposed capital expenditure projects shall not be undertaken until approved by the General Assembly.

(d) (1) In unusual circumstances between sessions of the General Assembly, a state agency, department, or institution which needs to make a capital expenditure in excess of two hundred fifty thousand dollars ($250,000), which has not been approved by the General Assembly, may submit a request for the expenditure to the Chief Fiscal Officer of the State, who shall review the request and submit his or her recommendation for the method of finance for the expenditure to the Legislative Council for its advice and recommendation. (2) Upon obtaining the advice and recommendation of the Legislative Council, the state agency, department, or institution is authorized to proceed with the capital expenditure, subject to the provisions of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., and other fiscal laws of the state.

(1) In unusual circumstances between sessions of the General Assembly, a state agency, department, or institution which needs to make a capital expenditure in excess of two hundred fifty thousand dollars ($250,000), which has not been approved by the General Assembly, may submit a request for the expenditure to the Chief Fiscal Officer of the State, who shall review the request and submit his or her recommendation for the method of finance for the expenditure to the Legislative Council for its advice and recommendation.

(2) Upon obtaining the advice and recommendation of the Legislative Council, the state agency, department, or institution is authorized to proceed with the capital expenditure, subject to the provisions of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., and other fiscal laws of the state.

(e) As used in this section, "public works construction project" means the purchase or construction of all lands, buildings, structures, utility systems, and similar facilities for the use of the governmental body filing the request but shall not include projects involving less than two hundred fifty thousand dollars ($250,000).

(f) Nothing in this section shall apply to public school districts.

Acts 1971, No. 104, § 3; 1977, No. 273, § 1; A.S.A. 1947, § 14-651; Acts 1999, No. 776, § 1.
Ark. Code Ann. § 22-9-212 — AR Code / Title 22 / Chapter 9 / Subchapter 2 / Section 22-9-212
Public improvements generally - Trench or excavation safety systems
Status: in_force

(a) Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district, enters into a contract covered by the provisions of §§ 22-9-202 - 22-9-204 for the making of repairs or alterations or the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sewer projects, or for any other construction project in which the public work or public improvement construction project involves any trench or excavation which equals or exceeds five feet (5') in depth, the agency, county, municipality, school district, local taxing unit, or improvement district shall require: (1) That the current edition of the United States Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 C.F.R. Part 1926, Subpart P, be specifically incorporated into the specifications for the project; and (2) That the contract bid form include a separate pay item for trench or excavation safety systems to be included in the base bid. (b) In the event a contractor fails to complete a separate pay item in accordance with the applicable provisions of subsection (a) of this section, the agency, county, municipality, school district, local taxing unit, or improvement district shall declare that the bid fails to comply fully with the provisions of the specifications and bid documents and will be considered invalid as a nonresponsive bid. The owners of the above-stated project shall notify the Safety Division of the Division of Labor of the award of a contract covered by this section. Amended by Act 2019, No. 910,§ 5504, eff. 7/1/2019. Acts 1993, No. 291, §§ 1, 2.

(a) Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district, enters into a contract covered by the provisions of §§ 22-9-202 - 22-9-204 for the making of repairs or alterations or the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sewer projects, or for any other construction project in which the public work or public improvement construction project involves any trench or excavation which equals or exceeds five feet (5') in depth, the agency, county, municipality, school district, local taxing unit, or improvement district shall require: (1) That the current edition of the United States Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 C.F.R. Part 1926, Subpart P, be specifically incorporated into the specifications for the project; and (2) That the contract bid form include a separate pay item for trench or excavation safety systems to be included in the base bid.

(1) That the current edition of the United States Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 C.F.R. Part 1926, Subpart P, be specifically incorporated into the specifications for the project; and

(2) That the contract bid form include a separate pay item for trench or excavation safety systems to be included in the base bid.

(b) In the event a contractor fails to complete a separate pay item in accordance with the applicable provisions of subsection (a) of this section, the agency, county, municipality, school district, local taxing unit, or improvement district shall declare that the bid fails to comply fully with the provisions of the specifications and bid documents and will be considered invalid as a nonresponsive bid. The owners of the above-stated project shall notify the Safety Division of the Division of Labor of the award of a contract covered by this section.

Amended by Act 2019, No. 910,§ 5504, eff. 7/1/2019.

Acts 1993, No. 291, §§ 1, 2.
Ark. Code Ann. § 22-7-223 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-223
Concurrent jurisdiction - Department of Veterans Affairs Medical Centers, Arkansas Post National Memorial, Buffalo National River, Fort Smith National Historic Site, Pea Ridge National Military Park
Status: in_force

(a) The State of Arkansas accepts relinquishment by the United States to the state of the legislative jurisdiction that will enable the state and its political subdivisions to exercise, concurrently with the United States, law enforcement powers on: (1) All lands comprising the John L. McClellan Memorial Veterans Hospital at Little Rock, situated in Pulaski County and described as follows: A tract of land located in the NW¼, SW¼, Section 5, Township 1 North, Range 12 West, and part of the NE¼, SE¼, Section 6, Township 1 North, Range 12 West, City of Little Rock, Pulaski County, Arkansas, being more particularly bound and described as follows: Commencing at the center of Section 5, T-1-N, R-12-W, thence North 86 degrees 32' 23" West along the centerline of said Section 5, 1340.60 feet to a point on the West right-of-way of Elm Street; thence South 1 degree 49' 41" West along the said West right-of-way 274.96 feet to a point of beginning; thence South 01 degrees 49' 41" West along the said West right-of-way 778.45 feet to a concrete monument situated on the North right-of-way of Interstate 630; thence South 79 degrees 51' 03" West along said North right-of-way 300.83 feet to a concrete monument; thence North 88 degrees 44' 26" West along said North right-of-way 855.44 feet to a concrete monument; thence North 12 degrees 04' 48" East 113.25 feet to a concrete monument; thence South 88 degrees 37' 49" East 59.62 feet to a concrete monument; thence 01 degrees 22' 11" East 315.35 feet to a concrete monument, thence North 48 degrees 33' 52" West 153.42 feet to a concrete monument; thence North 02 degrees 16' 33" East 67.15 feet to a concrete monument; thence North 57 degrees 51' West 241.11 feet to a concrete monument; thence North 34 degrees 46' 42" East 225.55 feet to a concrete monument; thence South 87 degrees 47' 17" East 472.61 feet to a concrete monument; thence South 02 degrees 38' 39" West 47.00 feet to a concrete monument; thence South 87 degrees 47' 17" East 802.64 feet to a concrete monument situated at the point of beginning; Said Tract containing 23.185 acres (1,009.958 S.F.), more or less; (2) All lands comprising the Department of Veterans Affairs Medical Center at North Little Rock, situated in Pulaski County and described as follows: Parcel 1 being part of the NE, NW, SE, and SW Quarters of Section 28, Township 2 North, Range 12 West, more particularly described as follows: Beginning at a point which is the northwest corner of the NE Quarter of the SE Quarter of Section 28; thence S 0° 11' 04" W 981.56 feet; thence S 35° 30' 04" W 100.22 feet; thence S 57° 23' 21" W 136.21 feet; thence S 58° 58' 02" W 121.20 feet; thence S 68° 25' 24" W 119.38 feet; thence S 72° 27' 14" W 135.97 feet; thence S 80° 38' 09" W 113.39 feet; thence S 85° 07' 33" W 159.12 feet; thence S 87° 13' 04" W 1264.49 feet; thence N 36° 16' 05" W 97.55 feet; thence N 0° 35' 35" 121.44 feet; thence N 30° 54' 05" W 78.84 feet; thence N 44° 30' 05" W 170.25 feet; thence N 60° 25' 40" W 158.23 feet; thence N 31° 27' 30" W 173.57 feet; thence N 73° 57' 05" W 107.65 feet; thence N 47° 51' 25" W 100.35 feet; thence N 32° 17' 55" W 175.65 feet; thence N 62° 04' 45" E 769.14 feet; thence N 23° 29' 45" W 890.84 feet; thence N 23° 04' 05" W 745.75 feet; thence N 64° 40' 45" E 947.57 feet; thence N 64° 25' 15" E 656.26 feet; thence N 80° 21' 41" E 550.77 feet; thence N 81° 16' 08" E 744.90 feet; thence S 0° 06' 10" E 2240.70 feet to the point of beginning. Parcel 2 being part of the SE Quarter of the SW Quarter of Section 21 and the NE Quarter of the NW Quarter of Section 28, Township 2 North, Range 12 West, more particularly described as follows: Commencing at the southwest corner of the SW Quarter of Section 21; thence N 0° 34' 04" E 901.45 feet; thence S 89° 29' 00" E 1958.51 feet; thence S 0° 31' 28" W 89.58 feet to the point of beginning of the tract of land herein described; thence N 72° 47' 50" E 84.85 feet; thence S 32° 00' 02" E 626.46 feet; thence S 58° 00' 46" W 385.43 feet; thence N 34° 21' 09" W 184.39 feet; thence S 32° 36' 39" W 394.91 feet; thence N 54° 30' 01" W 30.75 feet; thence N 32° 89' 49" E 406.79 feet; thence N 34° 21' 09" W 355.17 feet; thence N 43° 13' 24" E 250.00 feet; thence N 50° 38' 54" E 86.14 feet to the point of beginning. Parcel 3, being part of the SW Quarter of Section 28, Township 2 North, Range 12 West, more particularly described as follows: Commencing at the northwest corner of the NE Quarter of the SE Quarter of Section 28; thence S 88° 36' 09" E 660.61 feet; thence S 0° 05' 13" W 942.20 feet; thence S 60° 05' 13" W 82.80 feet; thence S 44° 53' 13" W 270.10 feet; thence S 55° 20' 13" W 211.10 feet; thence N 87° 08' 08" W 222.13 feet; thence S 0° 0" 0' 679.57 feet; thence S 83° 44' 50" W 660.00 feet; thence S 89° 44' 39" W 878.01 feet to the point of beginning of the tract of land herein described; thence S 10° 31' 08" W 54.83 feet; thence N 63° 21' 29" W 86.75 feet; thence N 41° 48' 08" W 22.56 feet; thence N 86° 24' 20" W 92.90 feet; thence N 06° 20' 18" E 175.52 feet; thence S 79° 28' 52" E 211.18 feet; thence S 10° 31' 08" W 146.31 feet to the point of beginning; (3) All lands comprising the Department of Veterans Affairs Medical Center at Fayetteville, situated in Washington County and described as follows: A part of the E½ of the NE¼ of Section 9 T-16-N, R-30-W, and a part of the W½ of the NW¼ of Section 10, T-16-N, R-30-W of the 5th Principal Meridian, beginning at a point on the West line of the SE¼ of the NE¼ of Section 9 which is N 0° 13' W 755.25 feet from the SW corner of the 40 Acre tract, thence N with the West line 1124.74', thence East 1168', thence South 383', thence East 339' more or less to the West Right-of-Way line of U.S. Highway 71, thence S 01° 51' W 1147.60' with the Right-of-Way, thence West 702.37', thence S 50° 18' W 165.55', thence West 365.42', thence N 0° 13' W 505.26', and thence West 225' to the point of beginning, situated in Washington County and containing 46.72 acres, more or less; and (4) All lands comprising the Arkansas Post National Memorial, the Buffalo National River, the Fort Smith National Historic Site, and the Pea Ridge National Military Park. (b) The Governor is authorized to take appropriate necessary steps, as described in § 22-7-102 , to accomplish the transfer of legislative jurisdiction referred to in subsection (a) of this section. Amended by Act 2019, No. 104,§ 1, eff. 7/24/2019. Acts 1983, No. 876, §§ 1, 2; A.S.A. 1947, §§ 10-1134, 10-1135.

(a) The State of Arkansas accepts relinquishment by the United States to the state of the legislative jurisdiction that will enable the state and its political subdivisions to exercise, concurrently with the United States, law enforcement powers on: (1) All lands comprising the John L. McClellan Memorial Veterans Hospital at Little Rock, situated in Pulaski County and described as follows: A tract of land located in the NW¼, SW¼, Section 5, Township 1 North, Range 12 West, and part of the NE¼, SE¼, Section 6, Township 1 North, Range 12 West, City of Little Rock, Pulaski County, Arkansas, being more particularly bound and described as follows: Commencing at the center of Section 5, T-1-N, R-12-W, thence North 86 degrees 32' 23" West along the centerline of said Section 5, 1340.60 feet to a point on the West right-of-way of Elm Street; thence South 1 degree 49' 41" West along the said West right-of-way 274.96 feet to a point of beginning; thence South 01 degrees 49' 41" West along the said West right-of-way 778.45 feet to a concrete monument situated on the North right-of-way of Interstate 630; thence South 79 degrees 51' 03" West along said North right-of-way 300.83 feet to a concrete monument; thence North 88 degrees 44' 26" West along said North right-of-way 855.44 feet to a concrete monument; thence North 12 degrees 04' 48" East 113.25 feet to a concrete monument; thence South 88 degrees 37' 49" East 59.62 feet to a concrete monument; thence 01 degrees 22' 11" East 315.35 feet to a concrete monument, thence North 48 degrees 33' 52" West 153.42 feet to a concrete monument; thence North 02 degrees 16' 33" East 67.15 feet to a concrete monument; thence North 57 degrees 51' West 241.11 feet to a concrete monument; thence North 34 degrees 46' 42" East 225.55 feet to a concrete monument; thence South 87 degrees 47' 17" East 472.61 feet to a concrete monument; thence South 02 degrees 38' 39" West 47.00 feet to a concrete monument; thence South 87 degrees 47' 17" East 802.64 feet to a concrete monument situated at the point of beginning; Said Tract containing 23.185 acres (1,009.958 S.F.), more or less; (2) All lands comprising the Department of Veterans Affairs Medical Center at North Little Rock, situated in Pulaski County and described as follows: Parcel 1 being part of the NE, NW, SE, and SW Quarters of Section 28, Township 2 North, Range 12 West, more particularly described as follows: Beginning at a point which is the northwest corner of the NE Quarter of the SE Quarter of Section 28; thence S 0° 11' 04" W 981.56 feet; thence S 35° 30' 04" W 100.22 feet; thence S 57° 23' 21" W 136.21 feet; thence S 58° 58' 02" W 121.20 feet; thence S 68° 25' 24" W 119.38 feet; thence S 72° 27' 14" W 135.97 feet; thence S 80° 38' 09" W 113.39 feet; thence S 85° 07' 33" W 159.12 feet; thence S 87° 13' 04" W 1264.49 feet; thence N 36° 16' 05" W 97.55 feet; thence N 0° 35' 35" 121.44 feet; thence N 30° 54' 05" W 78.84 feet; thence N 44° 30' 05" W 170.25 feet; thence N 60° 25' 40" W 158.23 feet; thence N 31° 27' 30" W 173.57 feet; thence N 73° 57' 05" W 107.65 feet; thence N 47° 51' 25" W 100.35 feet; thence N 32° 17' 55" W 175.65 feet; thence N 62° 04' 45" E 769.14 feet; thence N 23° 29' 45" W 890.84 feet; thence N 23° 04' 05" W 745.75 feet; thence N 64° 40' 45" E 947.57 feet; thence N 64° 25' 15" E 656.26 feet; thence N 80° 21' 41" E 550.77 feet; thence N 81° 16' 08" E 744.90 feet; thence S 0° 06' 10" E 2240.70 feet to the point of beginning. Parcel 2 being part of the SE Quarter of the SW Quarter of Section 21 and the NE Quarter of the NW Quarter of Section 28, Township 2 North, Range 12 West, more particularly described as follows: Commencing at the southwest corner of the SW Quarter of Section 21; thence N 0° 34' 04" E 901.45 feet; thence S 89° 29' 00" E 1958.51 feet; thence S 0° 31' 28" W 89.58 feet to the point of beginning of the tract of land herein described; thence N 72° 47' 50" E 84.85 feet; thence S 32° 00' 02" E 626.46 feet; thence S 58° 00' 46" W 385.43 feet; thence N 34° 21' 09" W 184.39 feet; thence S 32° 36' 39" W 394.91 feet; thence N 54° 30' 01" W 30.75 feet; thence N 32° 89' 49" E 406.79 feet; thence N 34° 21' 09" W 355.17 feet; thence N 43° 13' 24" E 250.00 feet; thence N 50° 38' 54" E 86.14 feet to the point of beginning. Parcel 3, being part of the SW Quarter of Section 28, Township 2 North, Range 12 West, more particularly described as follows: Commencing at the northwest corner of the NE Quarter of the SE Quarter of Section 28; thence S 88° 36' 09" E 660.61 feet; thence S 0° 05' 13" W 942.20 feet; thence S 60° 05' 13" W 82.80 feet; thence S 44° 53' 13" W 270.10 feet; thence S 55° 20' 13" W 211.10 feet; thence N 87° 08' 08" W 222.13 feet; thence S 0° 0" 0' 679.57 feet; thence S 83° 44' 50" W 660.00 feet; thence S 89° 44' 39" W 878.01 feet to the point of beginning of the tract of land herein described; thence S 10° 31' 08" W 54.83 feet; thence N 63° 21' 29" W 86.75 feet; thence N 41° 48' 08" W 22.56 feet; thence N 86° 24' 20" W 92.90 feet; thence N 06° 20' 18" E 175.52 feet; thence S 79° 28' 52" E 211.18 feet; thence S 10° 31' 08" W 146.31 feet to the point of beginning; (3) All lands comprising the Department of Veterans Affairs Medical Center at Fayetteville, situated in Washington County and described as follows: A part of the E½ of the NE¼ of Section 9 T-16-N, R-30-W, and a part of the W½ of the NW¼ of Section 10, T-16-N, R-30-W of the 5th Principal Meridian, beginning at a point on the West line of the SE¼ of the NE¼ of Section 9 which is N 0° 13' W 755.25 feet from the SW corner of the 40 Acre tract, thence N with the West line 1124.74', thence East 1168', thence South 383', thence East 339' more or less to the West Right-of-Way line of U.S. Highway 71, thence S 01° 51' W 1147.60' with the Right-of-Way, thence West 702.37', thence S 50° 18' W 165.55', thence West 365.42', thence N 0° 13' W 505.26', and thence West 225' to the point of beginning, situated in Washington County and containing 46.72 acres, more or less; and (4) All lands comprising the Arkansas Post National Memorial, the Buffalo National River, the Fort Smith National Historic Site, and the Pea Ridge National Military Park.

(1) All lands comprising the John L. McClellan Memorial Veterans Hospital at Little Rock, situated in Pulaski County and described as follows: A tract of land located in the NW¼, SW¼, Section 5, Township 1 North, Range 12 West, and part of the NE¼, SE¼, Section 6, Township 1 North, Range 12 West, City of Little Rock, Pulaski County, Arkansas, being more particularly bound and described as follows: Commencing at the center of Section 5, T-1-N, R-12-W, thence North 86 degrees 32' 23" West along the centerline of said Section 5, 1340.60 feet to a point on the West right-of-way of Elm Street; thence South 1 degree 49' 41" West along the said West right-of-way 274.96 feet to a point of beginning; thence South 01 degrees 49' 41" West along the said West right-of-way 778.45 feet to a concrete monument situated on the North right-of-way of Interstate 630; thence South 79 degrees 51' 03" West along said North right-of-way 300.83 feet to a concrete monument; thence North 88 degrees 44' 26" West along said North right-of-way 855.44 feet to a concrete monument; thence North 12 degrees 04' 48" East 113.25 feet to a concrete monument; thence South 88 degrees 37' 49" East 59.62 feet to a concrete monument; thence 01 degrees 22' 11" East 315.35 feet to a concrete monument, thence North 48 degrees 33' 52" West 153.42 feet to a concrete monument; thence North 02 degrees 16' 33" East 67.15 feet to a concrete monument; thence North 57 degrees 51' West 241.11 feet to a concrete monument; thence North 34 degrees 46' 42" East 225.55 feet to a concrete monument; thence South 87 degrees 47' 17" East 472.61 feet to a concrete monument; thence South 02 degrees 38' 39" West 47.00 feet to a concrete monument; thence South 87 degrees 47' 17" East 802.64 feet to a concrete monument situated at the point of beginning; Said Tract containing 23.185 acres (1,009.958 S.F.), more or less;

A tract of land located in the NW¼, SW¼, Section 5, Township 1 North, Range 12 West, and part of the NE¼, SE¼, Section 6, Township 1 North, Range 12 West, City of Little Rock, Pulaski County, Arkansas, being more particularly bound and described as follows: Commencing at the center of Section 5, T-1-N, R-12-W, thence North 86 degrees 32' 23" West along the centerline of said Section 5, 1340.60 feet to a point on the West right-of-way of Elm Street; thence South 1 degree 49' 41" West along the said West right-of-way 274.96 feet to a point of beginning; thence South 01 degrees 49' 41" West along the said West right-of-way 778.45 feet to a concrete monument situated on the North right-of-way of Interstate 630; thence South 79 degrees 51' 03" West along said North right-of-way 300.83 feet to a concrete monument; thence North 88 degrees 44' 26" West along said North right-of-way 855.44 feet to a concrete monument; thence North 12 degrees 04' 48" East 113.25 feet to a concrete monument; thence South 88 degrees 37' 49" East 59.62 feet to a concrete monument; thence 01 degrees 22' 11" East 315.35 feet to a concrete monument, thence North 48 degrees 33' 52" West 153.42 feet to a concrete monument; thence North 02 degrees 16' 33" East 67.15 feet to a concrete monument; thence North 57 degrees 51' West 241.11 feet to a concrete monument; thence North 34 degrees 46' 42" East 225.55 feet to a concrete monument; thence South 87 degrees 47' 17" East 472.61 feet to a concrete monument; thence South 02 degrees 38' 39" West 47.00 feet to a concrete monument; thence South 87 degrees 47' 17" East 802.64 feet to a concrete monument situated at the point of beginning; Said Tract containing 23.185 acres (1,009.958 S.F.), more or less;

(2) All lands comprising the Department of Veterans Affairs Medical Center at North Little Rock, situated in Pulaski County and described as follows: Parcel 1 being part of the NE, NW, SE, and SW Quarters of Section 28, Township 2 North, Range 12 West, more particularly described as follows: Beginning at a point which is the northwest corner of the NE Quarter of the SE Quarter of Section 28; thence S 0° 11' 04" W 981.56 feet; thence S 35° 30' 04" W 100.22 feet; thence S 57° 23' 21" W 136.21 feet; thence S 58° 58' 02" W 121.20 feet; thence S 68° 25' 24" W 119.38 feet; thence S 72° 27' 14" W 135.97 feet; thence S 80° 38' 09" W 113.39 feet; thence S 85° 07' 33" W 159.12 feet; thence S 87° 13' 04" W 1264.49 feet; thence N 36° 16' 05" W 97.55 feet; thence N 0° 35' 35" 121.44 feet; thence N 30° 54' 05" W 78.84 feet; thence N 44° 30' 05" W 170.25 feet; thence N 60° 25' 40" W 158.23 feet; thence N 31° 27' 30" W 173.57 feet; thence N 73° 57' 05" W 107.65 feet; thence N 47° 51' 25" W 100.35 feet; thence N 32° 17' 55" W 175.65 feet; thence N 62° 04' 45" E 769.14 feet; thence N 23° 29' 45" W 890.84 feet; thence N 23° 04' 05" W 745.75 feet; thence N 64° 40' 45" E 947.57 feet; thence N 64° 25' 15" E 656.26 feet; thence N 80° 21' 41" E 550.77 feet; thence N 81° 16' 08" E 744.90 feet; thence S 0° 06' 10" E 2240.70 feet to the point of beginning. Parcel 2 being part of the SE Quarter of the SW Quarter of Section 21 and the NE Quarter of the NW Quarter of Section 28, Township 2 North, Range 12 West, more particularly described as follows: Commencing at the southwest corner of the SW Quarter of Section 21; thence N 0° 34' 04" E 901.45 feet; thence S 89° 29' 00" E 1958.51 feet; thence S 0° 31' 28" W 89.58 feet to the point of beginning of the tract of land herein described; thence N 72° 47' 50" E 84.85 feet; thence S 32° 00' 02" E 626.46 feet; thence S 58° 00' 46" W 385.43 feet; thence N 34° 21' 09" W 184.39 feet; thence S 32° 36' 39" W 394.91 feet; thence N 54° 30' 01" W 30.75 feet; thence N 32° 89' 49" E 406.79 feet; thence N 34° 21' 09" W 355.17 feet; thence N 43° 13' 24" E 250.00 feet; thence N 50° 38' 54" E 86.14 feet to the point of beginning. Parcel 3, being part of the SW Quarter of Section 28, Township 2 North, Range 12 West, more particularly described as follows: Commencing at the northwest corner of the NE Quarter of the SE Quarter of Section 28; thence S 88° 36' 09" E 660.61 feet; thence S 0° 05' 13" W 942.20 feet; thence S 60° 05' 13" W 82.80 feet; thence S 44° 53' 13" W 270.10 feet; thence S 55° 20' 13" W 211.10 feet; thence N 87° 08' 08" W 222.13 feet; thence S 0° 0" 0' 679.57 feet; thence S 83° 44' 50" W 660.00 feet; thence S 89° 44' 39" W 878.01 feet to the point of beginning of the tract of land herein described; thence S 10° 31' 08" W 54.83 feet; thence N 63° 21' 29" W 86.75 feet; thence N 41° 48' 08" W 22.56 feet; thence N 86° 24' 20" W 92.90 feet; thence N 06° 20' 18" E 175.52 feet; thence S 79° 28' 52" E 211.18 feet; thence S 10° 31' 08" W 146.31 feet to the point of beginning;

Parcel 1 being part of the NE, NW, SE, and SW Quarters of Section 28, Township 2 North, Range 12 West, more particularly described as follows:

Beginning at a point which is the northwest corner of the NE Quarter of the SE Quarter of Section 28; thence S 0° 11' 04" W 981.56 feet; thence S 35° 30' 04" W 100.22 feet; thence S 57° 23' 21" W 136.21 feet; thence S 58° 58' 02" W 121.20 feet; thence S 68° 25' 24" W 119.38 feet; thence S 72° 27' 14" W 135.97 feet; thence S 80° 38' 09" W 113.39 feet; thence S 85° 07' 33" W 159.12 feet; thence S 87° 13' 04" W 1264.49 feet; thence N 36° 16' 05" W 97.55 feet; thence N 0° 35' 35" 121.44 feet; thence N 30° 54' 05" W 78.84 feet; thence N 44° 30' 05" W 170.25 feet; thence N 60° 25' 40" W 158.23 feet; thence N 31° 27' 30" W 173.57 feet; thence N 73° 57' 05" W 107.65 feet; thence N 47° 51' 25" W 100.35 feet; thence N 32° 17' 55" W 175.65 feet; thence N 62° 04' 45" E 769.14 feet; thence N 23° 29' 45" W 890.84 feet; thence N 23° 04' 05" W 745.75 feet; thence N 64° 40' 45" E 947.57 feet; thence N 64° 25' 15" E 656.26 feet; thence N 80° 21' 41" E 550.77 feet; thence N 81° 16' 08" E 744.90 feet; thence S 0° 06' 10" E 2240.70 feet to the point of beginning.

Parcel 2 being part of the SE Quarter of the SW Quarter of Section 21 and the NE Quarter of the NW Quarter of Section 28, Township 2 North, Range 12 West, more particularly described as follows:

Commencing at the southwest corner of the SW Quarter of Section 21; thence N 0° 34' 04" E 901.45 feet; thence S 89° 29' 00" E 1958.51 feet; thence S 0° 31' 28" W 89.58 feet to the point of beginning of the tract of land herein described; thence N 72° 47' 50" E 84.85 feet; thence S 32° 00' 02" E 626.46 feet; thence S 58° 00' 46" W 385.43 feet; thence N 34° 21' 09" W 184.39 feet; thence S 32° 36' 39" W 394.91 feet; thence N 54° 30' 01" W 30.75 feet; thence N 32° 89' 49" E 406.79 feet; thence N 34° 21' 09" W 355.17 feet; thence N 43° 13' 24" E 250.00 feet; thence N 50° 38' 54" E 86.14 feet to the point of beginning.

Parcel 3, being part of the SW Quarter of Section 28, Township 2 North, Range 12 West, more particularly described as follows:

Commencing at the northwest corner of the NE Quarter of the SE Quarter of Section 28; thence S 88° 36' 09" E 660.61 feet; thence S 0° 05' 13" W 942.20 feet; thence S 60° 05' 13" W 82.80 feet; thence S 44° 53' 13" W 270.10 feet; thence S 55° 20' 13" W 211.10 feet; thence N 87° 08' 08" W 222.13 feet; thence S 0° 0" 0' 679.57 feet; thence S 83° 44' 50" W 660.00 feet; thence S 89° 44' 39" W 878.01 feet to the point of beginning of the tract of land herein described; thence S 10° 31' 08" W 54.83 feet; thence N 63° 21' 29" W 86.75 feet; thence N 41° 48' 08" W 22.56 feet; thence N 86° 24' 20" W 92.90 feet; thence N 06° 20' 18" E 175.52 feet; thence S 79° 28' 52" E 211.18 feet; thence S 10° 31' 08" W 146.31 feet to the point of beginning;

(3) All lands comprising the Department of Veterans Affairs Medical Center at Fayetteville, situated in Washington County and described as follows: A part of the E½ of the NE¼ of Section 9 T-16-N, R-30-W, and a part of the W½ of the NW¼ of Section 10, T-16-N, R-30-W of the 5th Principal Meridian, beginning at a point on the West line of the SE¼ of the NE¼ of Section 9 which is N 0° 13' W 755.25 feet from the SW corner of the 40 Acre tract, thence N with the West line 1124.74', thence East 1168', thence South 383', thence East 339' more or less to the West Right-of-Way line of U.S. Highway 71, thence S 01° 51' W 1147.60' with the Right-of-Way, thence West 702.37', thence S 50° 18' W 165.55', thence West 365.42', thence N 0° 13' W 505.26', and thence West 225' to the point of beginning, situated in Washington County and containing 46.72 acres, more or less; and

A part of the E½ of the NE¼ of Section 9 T-16-N, R-30-W, and a part of the W½ of the NW¼ of Section 10, T-16-N, R-30-W of the 5th Principal Meridian, beginning at a point on the West line of the SE¼ of the NE¼ of Section 9 which is N 0° 13' W 755.25 feet from the SW corner of the 40 Acre tract, thence N with the West line 1124.74', thence East 1168', thence South 383', thence East 339' more or less to the West Right-of-Way line of U.S. Highway 71, thence S 01° 51' W 1147.60' with the Right-of-Way, thence West 702.37', thence S 50° 18' W 165.55', thence West 365.42', thence N 0° 13' W 505.26', and thence West 225' to the point of beginning, situated in Washington County and containing 46.72 acres, more or less; and

(4) All lands comprising the Arkansas Post National Memorial, the Buffalo National River, the Fort Smith National Historic Site, and the Pea Ridge National Military Park.

(b) The Governor is authorized to take appropriate necessary steps, as described in § 22-7-102 , to accomplish the transfer of legislative jurisdiction referred to in subsection (a) of this section.

Amended by Act 2019, No. 104,§ 1, eff. 7/24/2019.

Acts 1983, No. 876, §§ 1, 2; A.S.A. 1947, §§ 10-1134, 10-1135.
Ark. Code Ann. § 22-2-109 — AR Code / Title 22 / Chapter 2 / Section 22-2-109
Acquisition of additional sites
Status: in_force

(a) (1) Additional sites may be acquired from state agencies, either with or without compensation, by making necessary arrangements with any state agency for any lands owned by that state agency or owned by the State of Arkansas and under the control or jurisdiction of that state agency. (2) In the alternative, a site may be obtained by the Building Authority Division by gift, purchase, or, within Pulaski County, Arkansas, by condemnation under the power of eminent domain. (b) (1) In the event the sites cannot be purchased by negotiation, the division may institute condemnation proceedings under the power of eminent domain for the acquisition of sites. (2) (A) Condemnation proceedings under the power of eminent domain may be exercised within Pulaski County, Arkansas, in the manner now provided in §§ 18-15-1202 - 18-15-1207 or pursuant to any other applicable statutory provisions for the exercise of the power of eminent domain in the State of Arkansas or by any state agency. (B) However, if the division acquires under the power of eminent domain a building which is a general purpose office building located within the Capitol Zoning District, as zoned by § 22-3-302(a) , the following provisos shall be applicable: (i) (a) In addition to all other elements constituting just compensation for the taking of property, which are usually and regularly considered in condemnation actions, an owner-tenant may be entitled to reasonable moving expenses for the moving of that tenant to a location within Pulaski County, Arkansas. (b) The reasonable moving expense shall be fixed by the court and at its discretion; (ii) (a) Upon a final award in such a condemnation proceeding, the court in which the action is being undertaken may grant the condemnee in an owner-occupied structure the right to remain in occupation of the structure without payment of rent by the owner-occupier for a reasonable period of time to be determined in the discretion of the court, but such period of time shall not exceed three (3) years. (b) However, if the monetary award is demanded by the condemnee and paid pursuant to the award, the court shall fix a reasonable rental for that part of the property occupied by the condemnee subsequent to the final award. All other tenants occupying all or any part of the condemned premises, by lease or otherwise, shall pay rentals to the condemnor from the date of the final award or payment and so long as such tenants occupy the premises or any part thereof. (c) Title to all lands acquired under this chapter shall be taken in the name of the State of Arkansas; and (iii) Should the owner of the building being acquired under the power of eminent domain also own unimproved property adjacent to or near the building and should there be a connected or unity of use between the condemned building and the unimproved property, including a parking lot adjacent to or near an office building, the division shall also take by purchase or under the power of eminent domain such unimproved property. Amended by Act 2019, No. 910,§ 6159, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 27, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 27, eff. 7/1/2015. Acts 1975, No. 716, § 3; A.S.A. 1947, § 5-1020; Acts 1999, No. 1173, § 3.

(a) (1) Additional sites may be acquired from state agencies, either with or without compensation, by making necessary arrangements with any state agency for any lands owned by that state agency or owned by the State of Arkansas and under the control or jurisdiction of that state agency. (2) In the alternative, a site may be obtained by the Building Authority Division by gift, purchase, or, within Pulaski County, Arkansas, by condemnation under the power of eminent domain.

(1) Additional sites may be acquired from state agencies, either with or without compensation, by making necessary arrangements with any state agency for any lands owned by that state agency or owned by the State of Arkansas and under the control or jurisdiction of that state agency.

(2) In the alternative, a site may be obtained by the Building Authority Division by gift, purchase, or, within Pulaski County, Arkansas, by condemnation under the power of eminent domain.

(b) (1) In the event the sites cannot be purchased by negotiation, the division may institute condemnation proceedings under the power of eminent domain for the acquisition of sites. (2) (A) Condemnation proceedings under the power of eminent domain may be exercised within Pulaski County, Arkansas, in the manner now provided in §§ 18-15-1202 - 18-15-1207 or pursuant to any other applicable statutory provisions for the exercise of the power of eminent domain in the State of Arkansas or by any state agency. (B) However, if the division acquires under the power of eminent domain a building which is a general purpose office building located within the Capitol Zoning District, as zoned by § 22-3-302(a) , the following provisos shall be applicable: (i) (a) In addition to all other elements constituting just compensation for the taking of property, which are usually and regularly considered in condemnation actions, an owner-tenant may be entitled to reasonable moving expenses for the moving of that tenant to a location within Pulaski County, Arkansas. (b) The reasonable moving expense shall be fixed by the court and at its discretion; (ii) (a) Upon a final award in such a condemnation proceeding, the court in which the action is being undertaken may grant the condemnee in an owner-occupied structure the right to remain in occupation of the structure without payment of rent by the owner-occupier for a reasonable period of time to be determined in the discretion of the court, but such period of time shall not exceed three (3) years. (b) However, if the monetary award is demanded by the condemnee and paid pursuant to the award, the court shall fix a reasonable rental for that part of the property occupied by the condemnee subsequent to the final award. All other tenants occupying all or any part of the condemned premises, by lease or otherwise, shall pay rentals to the condemnor from the date of the final award or payment and so long as such tenants occupy the premises or any part thereof. (c) Title to all lands acquired under this chapter shall be taken in the name of the State of Arkansas; and (iii) Should the owner of the building being acquired under the power of eminent domain also own unimproved property adjacent to or near the building and should there be a connected or unity of use between the condemned building and the unimproved property, including a parking lot adjacent to or near an office building, the division shall also take by purchase or under the power of eminent domain such unimproved property.

(1) In the event the sites cannot be purchased by negotiation, the division may institute condemnation proceedings under the power of eminent domain for the acquisition of sites.

(2) (A) Condemnation proceedings under the power of eminent domain may be exercised within Pulaski County, Arkansas, in the manner now provided in §§ 18-15-1202 - 18-15-1207 or pursuant to any other applicable statutory provisions for the exercise of the power of eminent domain in the State of Arkansas or by any state agency. (B) However, if the division acquires under the power of eminent domain a building which is a general purpose office building located within the Capitol Zoning District, as zoned by § 22-3-302(a) , the following provisos shall be applicable: (i) (a) In addition to all other elements constituting just compensation for the taking of property, which are usually and regularly considered in condemnation actions, an owner-tenant may be entitled to reasonable moving expenses for the moving of that tenant to a location within Pulaski County, Arkansas. (b) The reasonable moving expense shall be fixed by the court and at its discretion; (ii) (a) Upon a final award in such a condemnation proceeding, the court in which the action is being undertaken may grant the condemnee in an owner-occupied structure the right to remain in occupation of the structure without payment of rent by the owner-occupier for a reasonable period of time to be determined in the discretion of the court, but such period of time shall not exceed three (3) years. (b) However, if the monetary award is demanded by the condemnee and paid pursuant to the award, the court shall fix a reasonable rental for that part of the property occupied by the condemnee subsequent to the final award. All other tenants occupying all or any part of the condemned premises, by lease or otherwise, shall pay rentals to the condemnor from the date of the final award or payment and so long as such tenants occupy the premises or any part thereof. (c) Title to all lands acquired under this chapter shall be taken in the name of the State of Arkansas; and (iii) Should the owner of the building being acquired under the power of eminent domain also own unimproved property adjacent to or near the building and should there be a connected or unity of use between the condemned building and the unimproved property, including a parking lot adjacent to or near an office building, the division shall also take by purchase or under the power of eminent domain such unimproved property.

(A) Condemnation proceedings under the power of eminent domain may be exercised within Pulaski County, Arkansas, in the manner now provided in §§ 18-15-1202 - 18-15-1207 or pursuant to any other applicable statutory provisions for the exercise of the power of eminent domain in the State of Arkansas or by any state agency.

(B) However, if the division acquires under the power of eminent domain a building which is a general purpose office building located within the Capitol Zoning District, as zoned by § 22-3-302(a) , the following provisos shall be applicable: (i) (a) In addition to all other elements constituting just compensation for the taking of property, which are usually and regularly considered in condemnation actions, an owner-tenant may be entitled to reasonable moving expenses for the moving of that tenant to a location within Pulaski County, Arkansas. (b) The reasonable moving expense shall be fixed by the court and at its discretion; (ii) (a) Upon a final award in such a condemnation proceeding, the court in which the action is being undertaken may grant the condemnee in an owner-occupied structure the right to remain in occupation of the structure without payment of rent by the owner-occupier for a reasonable period of time to be determined in the discretion of the court, but such period of time shall not exceed three (3) years. (b) However, if the monetary award is demanded by the condemnee and paid pursuant to the award, the court shall fix a reasonable rental for that part of the property occupied by the condemnee subsequent to the final award. All other tenants occupying all or any part of the condemned premises, by lease or otherwise, shall pay rentals to the condemnor from the date of the final award or payment and so long as such tenants occupy the premises or any part thereof. (c) Title to all lands acquired under this chapter shall be taken in the name of the State of Arkansas; and (iii) Should the owner of the building being acquired under the power of eminent domain also own unimproved property adjacent to or near the building and should there be a connected or unity of use between the condemned building and the unimproved property, including a parking lot adjacent to or near an office building, the division shall also take by purchase or under the power of eminent domain such unimproved property.

(i) (a) In addition to all other elements constituting just compensation for the taking of property, which are usually and regularly considered in condemnation actions, an owner-tenant may be entitled to reasonable moving expenses for the moving of that tenant to a location within Pulaski County, Arkansas. (b) The reasonable moving expense shall be fixed by the court and at its discretion;

(a) In addition to all other elements constituting just compensation for the taking of property, which are usually and regularly considered in condemnation actions, an owner-tenant may be entitled to reasonable moving expenses for the moving of that tenant to a location within Pulaski County, Arkansas.

(b) The reasonable moving expense shall be fixed by the court and at its discretion;

(ii) (a) Upon a final award in such a condemnation proceeding, the court in which the action is being undertaken may grant the condemnee in an owner-occupied structure the right to remain in occupation of the structure without payment of rent by the owner-occupier for a reasonable period of time to be determined in the discretion of the court, but such period of time shall not exceed three (3) years. (b) However, if the monetary award is demanded by the condemnee and paid pursuant to the award, the court shall fix a reasonable rental for that part of the property occupied by the condemnee subsequent to the final award. All other tenants occupying all or any part of the condemned premises, by lease or otherwise, shall pay rentals to the condemnor from the date of the final award or payment and so long as such tenants occupy the premises or any part thereof. (c) Title to all lands acquired under this chapter shall be taken in the name of the State of Arkansas; and

(a) Upon a final award in such a condemnation proceeding, the court in which the action is being undertaken may grant the condemnee in an owner-occupied structure the right to remain in occupation of the structure without payment of rent by the owner-occupier for a reasonable period of time to be determined in the discretion of the court, but such period of time shall not exceed three (3) years.

(b) However, if the monetary award is demanded by the condemnee and paid pursuant to the award, the court shall fix a reasonable rental for that part of the property occupied by the condemnee subsequent to the final award. All other tenants occupying all or any part of the condemned premises, by lease or otherwise, shall pay rentals to the condemnor from the date of the final award or payment and so long as such tenants occupy the premises or any part thereof.

(c) Title to all lands acquired under this chapter shall be taken in the name of the State of Arkansas; and

(iii) Should the owner of the building being acquired under the power of eminent domain also own unimproved property adjacent to or near the building and should there be a connected or unity of use between the condemned building and the unimproved property, including a parking lot adjacent to or near an office building, the division shall also take by purchase or under the power of eminent domain such unimproved property.

Amended by Act 2019, No. 910,§ 6159, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 27, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 27, eff. 7/1/2015.

Acts 1975, No. 716, § 3; A.S.A. 1947, § 5-1020; Acts 1999, No. 1173, § 3.
Ark. Code Ann. § 22-3-1505 — AR Code / Title 22 / Chapter 3 / Subchapter 15 / Section 22-3-1505
Funding
Status: in_force

(a) (1) The Building Authority Division is authorized and empowered to obtain the necessary funds for accomplishing its powers, purposes, and authority from any source or sources necessary and consistent with this subchapter, including without limitation contracting with the Arkansas Development Finance Authority to provide for the issuance of bonds by the Arkansas Development Finance Authority in accordance with the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq. (2) (A) For the purpose of securing bonds issued pursuant to the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq., the division is authorized hereby to grant to the Arkansas Development Finance Authority, on behalf of the State of Arkansas, one (1) or more leasehold interests, each of which shall be for a term not to exceed fifty (50) years from the date of the grant, in a part of the State Capitol grounds as shall be determined by the division to be a suitable site for the location of parking facilities. (B) Any leasehold interest granted to the Arkansas Development Finance Authority may be assigned or mortgaged from time to time by the Arkansas Development Finance Authority to secure bonds of the Arkansas Development Finance Authority for the construction, extension, renovation, or repair of parking facilities, but any assignment or mortgage shall include in each case a provision that the assignment or mortgage shall terminate upon full and final payment of the particular bonds secured thereby and the discharge of the obligations of the Arkansas Development Finance Authority or of the division related to the bonds secured thereby. (C) Any leasehold interest granted also may include any easements over, above, or below the State Capitol grounds for vehicular or utility access to and from the parking facilities as the division shall determine to be necessary. (3) In the event of a default on any bonds, the assignee of the leasehold interest securing the bonds may occupy and control the parking facilities related thereto for the term of the leasehold interest and may impose fees, charges, licenses, or rents as it may determine without obtaining the approval of any agency or instrumentality of the State of Arkansas. (b) All fees, charges, licenses, rents, or other income of any nature derived from the operation of the parking facilities, or provided for that purpose to the division from whatever source, are hereby specifically declared to be cash funds restricted in their use and are dedicated and shall be used solely as provided and authorized in this subchapter. (c) (1) Commencing on the first of the month following the first issuance of the bonds of the Arkansas Development Finance Authority pursuant to the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq., and for so long as any of the bonds are outstanding for the purposes authorized by this subchapter, the revenues shall not be deposited into the State Treasury and shall not be subject to legislative appropriation but, as and when received by the division, the Arkansas Development Finance Authority or a trustee or agent acting on behalf of either the division or the Arkansas Development Finance Authority, as the case may be, shall be deposited into a bank or banks selected by the division to the credit of a fund designated as the "Building Authority Division Parking Facilities Revenue Bond Fund", with appropriate accounts therein for separate bond issues or series, where applicable. (2) Notwithstanding any other provision of law, moneys in the fund may be pledged from time to time to secure the payment of bonds of the Arkansas Development Finance Authority issued to finance the parking facilities and may be deposited and invested by or on behalf of the division in the manner as may be directed or required by a bond resolution or trust indenture related to any bond financing of the Arkansas Development Finance Authority. Amended by Act 2019, No. 910,§ 6221, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 51, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 51, eff. 7/1/2015. Acts 1999, No. 1339, § 5; 2001, No. 736, § 2.

(a) (1) The Building Authority Division is authorized and empowered to obtain the necessary funds for accomplishing its powers, purposes, and authority from any source or sources necessary and consistent with this subchapter, including without limitation contracting with the Arkansas Development Finance Authority to provide for the issuance of bonds by the Arkansas Development Finance Authority in accordance with the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq. (2) (A) For the purpose of securing bonds issued pursuant to the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq., the division is authorized hereby to grant to the Arkansas Development Finance Authority, on behalf of the State of Arkansas, one (1) or more leasehold interests, each of which shall be for a term not to exceed fifty (50) years from the date of the grant, in a part of the State Capitol grounds as shall be determined by the division to be a suitable site for the location of parking facilities. (B) Any leasehold interest granted to the Arkansas Development Finance Authority may be assigned or mortgaged from time to time by the Arkansas Development Finance Authority to secure bonds of the Arkansas Development Finance Authority for the construction, extension, renovation, or repair of parking facilities, but any assignment or mortgage shall include in each case a provision that the assignment or mortgage shall terminate upon full and final payment of the particular bonds secured thereby and the discharge of the obligations of the Arkansas Development Finance Authority or of the division related to the bonds secured thereby. (C) Any leasehold interest granted also may include any easements over, above, or below the State Capitol grounds for vehicular or utility access to and from the parking facilities as the division shall determine to be necessary. (3) In the event of a default on any bonds, the assignee of the leasehold interest securing the bonds may occupy and control the parking facilities related thereto for the term of the leasehold interest and may impose fees, charges, licenses, or rents as it may determine without obtaining the approval of any agency or instrumentality of the State of Arkansas.

(1) The Building Authority Division is authorized and empowered to obtain the necessary funds for accomplishing its powers, purposes, and authority from any source or sources necessary and consistent with this subchapter, including without limitation contracting with the Arkansas Development Finance Authority to provide for the issuance of bonds by the Arkansas Development Finance Authority in accordance with the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq.

(2) (A) For the purpose of securing bonds issued pursuant to the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq., the division is authorized hereby to grant to the Arkansas Development Finance Authority, on behalf of the State of Arkansas, one (1) or more leasehold interests, each of which shall be for a term not to exceed fifty (50) years from the date of the grant, in a part of the State Capitol grounds as shall be determined by the division to be a suitable site for the location of parking facilities. (B) Any leasehold interest granted to the Arkansas Development Finance Authority may be assigned or mortgaged from time to time by the Arkansas Development Finance Authority to secure bonds of the Arkansas Development Finance Authority for the construction, extension, renovation, or repair of parking facilities, but any assignment or mortgage shall include in each case a provision that the assignment or mortgage shall terminate upon full and final payment of the particular bonds secured thereby and the discharge of the obligations of the Arkansas Development Finance Authority or of the division related to the bonds secured thereby. (C) Any leasehold interest granted also may include any easements over, above, or below the State Capitol grounds for vehicular or utility access to and from the parking facilities as the division shall determine to be necessary.

(A) For the purpose of securing bonds issued pursuant to the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq., the division is authorized hereby to grant to the Arkansas Development Finance Authority, on behalf of the State of Arkansas, one (1) or more leasehold interests, each of which shall be for a term not to exceed fifty (50) years from the date of the grant, in a part of the State Capitol grounds as shall be determined by the division to be a suitable site for the location of parking facilities.

(B) Any leasehold interest granted to the Arkansas Development Finance Authority may be assigned or mortgaged from time to time by the Arkansas Development Finance Authority to secure bonds of the Arkansas Development Finance Authority for the construction, extension, renovation, or repair of parking facilities, but any assignment or mortgage shall include in each case a provision that the assignment or mortgage shall terminate upon full and final payment of the particular bonds secured thereby and the discharge of the obligations of the Arkansas Development Finance Authority or of the division related to the bonds secured thereby.

(C) Any leasehold interest granted also may include any easements over, above, or below the State Capitol grounds for vehicular or utility access to and from the parking facilities as the division shall determine to be necessary.

(3) In the event of a default on any bonds, the assignee of the leasehold interest securing the bonds may occupy and control the parking facilities related thereto for the term of the leasehold interest and may impose fees, charges, licenses, or rents as it may determine without obtaining the approval of any agency or instrumentality of the State of Arkansas.

(b) All fees, charges, licenses, rents, or other income of any nature derived from the operation of the parking facilities, or provided for that purpose to the division from whatever source, are hereby specifically declared to be cash funds restricted in their use and are dedicated and shall be used solely as provided and authorized in this subchapter.

(c) (1) Commencing on the first of the month following the first issuance of the bonds of the Arkansas Development Finance Authority pursuant to the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq., and for so long as any of the bonds are outstanding for the purposes authorized by this subchapter, the revenues shall not be deposited into the State Treasury and shall not be subject to legislative appropriation but, as and when received by the division, the Arkansas Development Finance Authority or a trustee or agent acting on behalf of either the division or the Arkansas Development Finance Authority, as the case may be, shall be deposited into a bank or banks selected by the division to the credit of a fund designated as the "Building Authority Division Parking Facilities Revenue Bond Fund", with appropriate accounts therein for separate bond issues or series, where applicable. (2) Notwithstanding any other provision of law, moneys in the fund may be pledged from time to time to secure the payment of bonds of the Arkansas Development Finance Authority issued to finance the parking facilities and may be deposited and invested by or on behalf of the division in the manner as may be directed or required by a bond resolution or trust indenture related to any bond financing of the Arkansas Development Finance Authority.

(1) Commencing on the first of the month following the first issuance of the bonds of the Arkansas Development Finance Authority pursuant to the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq., and for so long as any of the bonds are outstanding for the purposes authorized by this subchapter, the revenues shall not be deposited into the State Treasury and shall not be subject to legislative appropriation but, as and when received by the division, the Arkansas Development Finance Authority or a trustee or agent acting on behalf of either the division or the Arkansas Development Finance Authority, as the case may be, shall be deposited into a bank or banks selected by the division to the credit of a fund designated as the "Building Authority Division Parking Facilities Revenue Bond Fund", with appropriate accounts therein for separate bond issues or series, where applicable.

(2) Notwithstanding any other provision of law, moneys in the fund may be pledged from time to time to secure the payment of bonds of the Arkansas Development Finance Authority issued to finance the parking facilities and may be deposited and invested by or on behalf of the division in the manner as may be directed or required by a bond resolution or trust indenture related to any bond financing of the Arkansas Development Finance Authority.

Amended by Act 2019, No. 910,§ 6221, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 51, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 51, eff. 7/1/2015.

Acts 1999, No. 1339, § 5; 2001, No. 736, § 2.