Ark. Code Ann. § 18-15-303 — AR Code / Title 18 / Chapter 15 / Subchapter 3 / Section 18-15-303
Municipal corporations - Power to condemn - Proceedings - Controversy
Status: in_force

(a) (1) When it shall be deemed necessary by any municipal corporation to enter upon or take private property for a permitted purpose, an application in writing shall be made to the circuit court of the proper county, or the judge thereof in vacation, describing as correctly as may be the property to be taken, the object proposed, and the name of the owner of each lot or parcel thereof. (2) Notice of the time and place of the application shall be given either personally in the ordinary manner of serving process or by publishing a copy of the application with a statement of the time and place at which it is to be made. Notice shall be published for three (3) weeks preceding the time of the application in some newspaper of general circulation in the county. (b) (1) When the determination of questions in controversy in the proceedings is likely to retard the progress of construction, the court, or judge in vacation, shall designate an amount of money to be deposited by the municipal corporation, subject to the order of the court and for the purpose of making the compensation and paying damages when the amount thereof has been assessed. The court or judge shall designate the place of the deposit. (2) Whenever a deposit has been made in compliance with the order of the court or judge, it shall be lawful for the municipal corporation to enter upon the lands in controversy and proceed with its work of construction prior to the assessment and payment of damages and compensation. Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., § 4009; Acts 1935, No. 155, § 1; Pope's Dig., § 5011; Acts 1953, No. 201, § 1; 1955, No. 53, § 1; A.S.A. 1947, § 35-902.

(a) (1) When it shall be deemed necessary by any municipal corporation to enter upon or take private property for a permitted purpose, an application in writing shall be made to the circuit court of the proper county, or the judge thereof in vacation, describing as correctly as may be the property to be taken, the object proposed, and the name of the owner of each lot or parcel thereof. (2) Notice of the time and place of the application shall be given either personally in the ordinary manner of serving process or by publishing a copy of the application with a statement of the time and place at which it is to be made. Notice shall be published for three (3) weeks preceding the time of the application in some newspaper of general circulation in the county.

(1) When it shall be deemed necessary by any municipal corporation to enter upon or take private property for a permitted purpose, an application in writing shall be made to the circuit court of the proper county, or the judge thereof in vacation, describing as correctly as may be the property to be taken, the object proposed, and the name of the owner of each lot or parcel thereof.

(2) Notice of the time and place of the application shall be given either personally in the ordinary manner of serving process or by publishing a copy of the application with a statement of the time and place at which it is to be made. Notice shall be published for three (3) weeks preceding the time of the application in some newspaper of general circulation in the county.

(b) (1) When the determination of questions in controversy in the proceedings is likely to retard the progress of construction, the court, or judge in vacation, shall designate an amount of money to be deposited by the municipal corporation, subject to the order of the court and for the purpose of making the compensation and paying damages when the amount thereof has been assessed. The court or judge shall designate the place of the deposit. (2) Whenever a deposit has been made in compliance with the order of the court or judge, it shall be lawful for the municipal corporation to enter upon the lands in controversy and proceed with its work of construction prior to the assessment and payment of damages and compensation.

(1) When the determination of questions in controversy in the proceedings is likely to retard the progress of construction, the court, or judge in vacation, shall designate an amount of money to be deposited by the municipal corporation, subject to the order of the court and for the purpose of making the compensation and paying damages when the amount thereof has been assessed. The court or judge shall designate the place of the deposit.

(2) Whenever a deposit has been made in compliance with the order of the court or judge, it shall be lawful for the municipal corporation to enter upon the lands in controversy and proceed with its work of construction prior to the assessment and payment of damages and compensation.

Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., § 4009; Acts 1935, No. 155, § 1; Pope's Dig., § 5011; Acts 1953, No. 201, § 1; 1955, No. 53, § 1; A.S.A. 1947, § 35-902.
Ark. Code Ann. § 18-60-211 — AR Code / Title 18 / Chapter 60 / Subchapter 2 / Section 18-60-211
Expiration of right to possession pending action
Status: in_force

If the right of the plaintiff to the possession of the premises expires after the commencement of the action and before the trial, the verdict shall be returned according to the facts and judgment shall be entered only for the damages and costs. Rev. Stat., ch. 53, § 14; C. & M. Dig., § 3697; Pope's Dig., § 4652; A.S.A. 1947, § 34-1414.

If the right of the plaintiff to the possession of the premises expires after the commencement of the action and before the trial, the verdict shall be returned according to the facts and judgment shall be entered only for the damages and costs.

Rev. Stat., ch. 53, § 14; C. & M. Dig., § 3697; Pope's Dig., § 4652; A.S.A. 1947, § 34-1414.
Ark. Code Ann. § 18-27-204 — AR Code / Title 18 / Chapter 27 / Subchapter 2 / Section 18-27-204
Limitations on the purchase and disposition of personal property - Definition
Status: in_force

(a) As used in this section, "pawnbroker" means any person, firm, or corporation, or an agent of any person, firm, or corporation, who is engaged in the business of lending money upon the security of articles of personal property or purchasing personal property. (b) No pawnbroker shall purchase or receive personal property as security from any person under eighteen (18) years of age who has not been emancipated under § 9-26-104 . (c) A pawnbroker shall not dispose of personal property purchased or received as security until at least fifteen (15) calendar days after the personal property is purchased or pawned or at least seven (7) calendar days after the purchase or pawn is reported to the local police, whichever comes first, unless the personal property is: (1) Redeemed by the person who sold or pawned it; or (2) Returned to the rightful owner of the personal property. (d) The provisions of this section shall not be applicable to personal property purchased by the pawnbroker from a retailer or a wholesaler. (e) (1) The failure on the part of a pawnbroker to comply with a provision of this section shall be a violation. (2) Upon conviction, the offender shall be punished by a fine of not more than one thousand dollars ($1,000). Amended by Act 2015, No. 1242,§ 2, eff. 7/22/2015. Acts 1993, No. 1131, § 1; 2005, No. 1994, § 94.

(a) As used in this section, "pawnbroker" means any person, firm, or corporation, or an agent of any person, firm, or corporation, who is engaged in the business of lending money upon the security of articles of personal property or purchasing personal property.

(b) No pawnbroker shall purchase or receive personal property as security from any person under eighteen (18) years of age who has not been emancipated under § 9-26-104 .

(c) A pawnbroker shall not dispose of personal property purchased or received as security until at least fifteen (15) calendar days after the personal property is purchased or pawned or at least seven (7) calendar days after the purchase or pawn is reported to the local police, whichever comes first, unless the personal property is: (1) Redeemed by the person who sold or pawned it; or (2) Returned to the rightful owner of the personal property.

(1) Redeemed by the person who sold or pawned it; or

(2) Returned to the rightful owner of the personal property.

(d) The provisions of this section shall not be applicable to personal property purchased by the pawnbroker from a retailer or a wholesaler.

(e) (1) The failure on the part of a pawnbroker to comply with a provision of this section shall be a violation. (2) Upon conviction, the offender shall be punished by a fine of not more than one thousand dollars ($1,000).

(1) The failure on the part of a pawnbroker to comply with a provision of this section shall be a violation.

(2) Upon conviction, the offender shall be punished by a fine of not more than one thousand dollars ($1,000).

Amended by Act 2015, No. 1242,§ 2, eff. 7/22/2015.

Acts 1993, No. 1131, § 1; 2005, No. 1994, § 94.
Ark. Code Ann. § 18-15-301 — AR Code / Title 18 / Chapter 15 / Subchapter 3 / Section 18-15-301
Municipal corporations - Power to condemn generally - Definitions
Status: in_force

(a) The right and power of eminent domain is conferred upon municipal corporations to enter upon, take, and condemn private property for the construction of wharves, levees, parks, squares, market places, or other lawful purposes. (b) (1) For waterworks systems, it shall be no objection to the exercise of power that the property to be condemned is located in a different county from the municipal corporation. (2) In addition, for electric transmission systems and electric distribution systems, it shall be no objection to the exercise of power that the property to be condemned is located outside the corporate limits of the municipal corporation or in a county other than the one wherein the municipal corporation is located. (3) A municipal corporation shall have the power of eminent domain for its electric transmission system and electric distribution system, outside of its corporate limits without annexation of such territory, regardless of whether the territory has been allocated to an electric public utility or electric cooperative corporation, pursuant to a certificate of convenience and necessity or other authority from the Arkansas Public Service Commission, as long as the electric transmission system or electric distribution system being constructed by the municipal corporation is only for the purpose of serving customers of the municipal corporation and not for the purpose of serving electric public utility customers or electric cooperative customers at retail inside the territory allocated to an electric public utility or electric cooperative corporation pursuant to a certificate of convenience and necessity or other authority from the commission. (4) (A) Before a municipal corporation exercises the power of eminent domain under this section, the municipal corporation shall provide written notice to any electric public utility or electric cooperative corporation that has received a certificate of convenience and necessity or other authority from the commission to serve retail customers in any area in which the power of eminent domain is to be exercised. (B) (i) The municipal corporation shall also file a copy of the written notice required under subdivision (b)(4)(A) with the commission. (ii) The notice shall contain information regarding the facilities to be constructed by the municipal corporation in conjunction with the exercise of eminent domain, including without limitation routing, size, and voltage, in sufficient detail to reasonably allow the electric public utility or electric cooperative corporation to fully evaluate the impact of the facilities on public safety, reliability of the system of the electric public utility or electric distribution cooperative, or future system expansion plans of the electric public utility or electric cooperative corporation. (C) (i) A municipal corporation shall not exercise the power of eminent domain under this section without obtaining a certificate of convenience and necessity from the commission if the electric public utility or electric cooperative corporation notifies the municipal corporation in writing within forty-five (45) days of its receipt of such notice that the exercise of the power of eminent domain would specifically endanger public safety, negatively impact reliability, or conflict with future construction plans of the electric public utility or electric cooperative corporation. (ii) (a) The written notice shall be in sufficient detail to reasonably allow the municipal corporation to fully evaluate the problems identified. (b) In such event, the municipal corporation may seek from the commission, in accordance with law, a certificate of convenience and necessity and exercise the power of eminent domain as may be required by the municipal corporation. (c) (1) It shall be no objection to the exercise of power that the property to be condemned is a cemetery, if the purpose for which the cemetery is being taken is for an impounding lake for a supply of water or to supplement a supply of water for the waterworks system of the municipality, including land occupied by the cemetery adjacent to the impounding lake taken to prevent pollution of the supply or for an impounding dam to create the impounding lake. (2) The power of a municipality to condemn a cemetery for those purposes shall extend to all cemeteries except those owned by the United States of America, the State of Arkansas, a county of the State of Arkansas, or a municipality of the State of Arkansas. (d) (1) In case of water pipelines, electric transmission facilities, or electric distribution facilities, a right-of-way or easement therefor may be condemned, and rights-of-way and easements for the pipelines, electric transmission facilities, or electric distribution facilities may be condemned along and under railroad rights-of-way, if the ordinary use of the railroad rights-of-way are not obstructed thereby. (2) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained across and under lands and waters of the state, but the ordinary use of the lands and waters shall not be unduly obstructed thereby. (3) (A) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained under, across, and along public highways, roads, streets, and alleys, but the ordinary use of the public highways, roads, streets, and alleys shall not be unduly obstructed thereby. (B) At its own expense, the municipality constructing the water pipelines, electric transmission facilities, or electric distribution facilities shall properly backfill the trench in which the pipeline, electric transmission lines, or electric distribution lines are laid and shall restore any sidewalks, curbs, gutters, pavements, or surfacing cut or damaged by the construction or maintenance. (e) As used in this section: (1) "Electric distribution system", "electric distribution facilities", and "electric distribution lines" mean electric utility properties and facilities necessary for distributing electricity below sixty-nine kilovolts (69 kV) phase-to-phase to a municipal corporation's retail customers within its corporate limits or within any other area served by the municipal corporation pursuant to any grant of authority by the commission or any other contiguous municipal corporation pursuant to a franchise agreement or other grant of authority for retail electric service; (2) "Electric transmission system or systems", "electric transmission facilities", and "electric transmission lines" mean electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher and not for service to a directly tapped, retail, end-use customer or customers or any wholesale customer or customers except municipal corporations. Any electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher constructed on lands acquired in whole or in part by the municipal corporation utilizing the power of eminent domain granted in this section may be connected only with the following defined entities for the life of the properties and facilities and no others: (A) The municipal corporation's electric generation or transmission or distribution system; (B) Any electric utility or an independent transmission system operator, independent transmission company, independent regional transmission group, or other independent transmission entity operating transmission facilities in this state; and (C) The electric generation or transmission or distribution system owned by other municipal corporations owning an electric system; (3) "Municipal corporations" includes consolidated municipal utility improvement districts owning an electric system; and (4) "Or other lawful purposes" includes a waterworks system, an electric transmission system, or an electric distribution system in its entirety or any integral part thereof or any extension, addition, betterment, or improvement to an existing waterworks system, an electric transmission system, or an electric distribution system owned or operated by a municipal corporation. Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., § 4009; Acts 1935, No. 155, § 1; Pope's Dig., § 5011; Acts 1953, No. 201, § 1; 1955, No. 53, § 1; A.S.A. 1947, § 35-902; Acts 2001, No. 1795, § 1; 2003, No. 366, § 4; 2009, No. 418, § 1; 2011, No. 271, §§ 2, 3.

(a) The right and power of eminent domain is conferred upon municipal corporations to enter upon, take, and condemn private property for the construction of wharves, levees, parks, squares, market places, or other lawful purposes.

(b) (1) For waterworks systems, it shall be no objection to the exercise of power that the property to be condemned is located in a different county from the municipal corporation. (2) In addition, for electric transmission systems and electric distribution systems, it shall be no objection to the exercise of power that the property to be condemned is located outside the corporate limits of the municipal corporation or in a county other than the one wherein the municipal corporation is located. (3) A municipal corporation shall have the power of eminent domain for its electric transmission system and electric distribution system, outside of its corporate limits without annexation of such territory, regardless of whether the territory has been allocated to an electric public utility or electric cooperative corporation, pursuant to a certificate of convenience and necessity or other authority from the Arkansas Public Service Commission, as long as the electric transmission system or electric distribution system being constructed by the municipal corporation is only for the purpose of serving customers of the municipal corporation and not for the purpose of serving electric public utility customers or electric cooperative customers at retail inside the territory allocated to an electric public utility or electric cooperative corporation pursuant to a certificate of convenience and necessity or other authority from the commission. (4) (A) Before a municipal corporation exercises the power of eminent domain under this section, the municipal corporation shall provide written notice to any electric public utility or electric cooperative corporation that has received a certificate of convenience and necessity or other authority from the commission to serve retail customers in any area in which the power of eminent domain is to be exercised. (B) (i) The municipal corporation shall also file a copy of the written notice required under subdivision (b)(4)(A) with the commission. (ii) The notice shall contain information regarding the facilities to be constructed by the municipal corporation in conjunction with the exercise of eminent domain, including without limitation routing, size, and voltage, in sufficient detail to reasonably allow the electric public utility or electric cooperative corporation to fully evaluate the impact of the facilities on public safety, reliability of the system of the electric public utility or electric distribution cooperative, or future system expansion plans of the electric public utility or electric cooperative corporation. (C) (i) A municipal corporation shall not exercise the power of eminent domain under this section without obtaining a certificate of convenience and necessity from the commission if the electric public utility or electric cooperative corporation notifies the municipal corporation in writing within forty-five (45) days of its receipt of such notice that the exercise of the power of eminent domain would specifically endanger public safety, negatively impact reliability, or conflict with future construction plans of the electric public utility or electric cooperative corporation. (ii) (a) The written notice shall be in sufficient detail to reasonably allow the municipal corporation to fully evaluate the problems identified. (b) In such event, the municipal corporation may seek from the commission, in accordance with law, a certificate of convenience and necessity and exercise the power of eminent domain as may be required by the municipal corporation. (c) (1) It shall be no objection to the exercise of power that the property to be condemned is a cemetery, if the purpose for which the cemetery is being taken is for an impounding lake for a supply of water or to supplement a supply of water for the waterworks system of the municipality, including land occupied by the cemetery adjacent to the impounding lake taken to prevent pollution of the supply or for an impounding dam to create the impounding lake. (2) The power of a municipality to condemn a cemetery for those purposes shall extend to all cemeteries except those owned by the United States of America, the State of Arkansas, a county of the State of Arkansas, or a municipality of the State of Arkansas. (d) (1) In case of water pipelines, electric transmission facilities, or electric distribution facilities, a right-of-way or easement therefor may be condemned, and rights-of-way and easements for the pipelines, electric transmission facilities, or electric distribution facilities may be condemned along and under railroad rights-of-way, if the ordinary use of the railroad rights-of-way are not obstructed thereby. (2) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained across and under lands and waters of the state, but the ordinary use of the lands and waters shall not be unduly obstructed thereby. (3) (A) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained under, across, and along public highways, roads, streets, and alleys, but the ordinary use of the public highways, roads, streets, and alleys shall not be unduly obstructed thereby. (B) At its own expense, the municipality constructing the water pipelines, electric transmission facilities, or electric distribution facilities shall properly backfill the trench in which the pipeline, electric transmission lines, or electric distribution lines are laid and shall restore any sidewalks, curbs, gutters, pavements, or surfacing cut or damaged by the construction or maintenance. (e) As used in this section: (1) "Electric distribution system", "electric distribution facilities", and "electric distribution lines" mean electric utility properties and facilities necessary for distributing electricity below sixty-nine kilovolts (69 kV) phase-to-phase to a municipal corporation's retail customers within its corporate limits or within any other area served by the municipal corporation pursuant to any grant of authority by the commission or any other contiguous municipal corporation pursuant to a franchise agreement or other grant of authority for retail electric service; (2) "Electric transmission system or systems", "electric transmission facilities", and "electric transmission lines" mean electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher and not for service to a directly tapped, retail, end-use customer or customers or any wholesale customer or customers except municipal corporations. Any electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher constructed on lands acquired in whole or in part by the municipal corporation utilizing the power of eminent domain granted in this section may be connected only with the following defined entities for the life of the properties and facilities and no others: (A) The municipal corporation's electric generation or transmission or distribution system; (B) Any electric utility or an independent transmission system operator, independent transmission company, independent regional transmission group, or other independent transmission entity operating transmission facilities in this state; and (C) The electric generation or transmission or distribution system owned by other municipal corporations owning an electric system; (3) "Municipal corporations" includes consolidated municipal utility improvement districts owning an electric system; and (4) "Or other lawful purposes" includes a waterworks system, an electric transmission system, or an electric distribution system in its entirety or any integral part thereof or any extension, addition, betterment, or improvement to an existing waterworks system, an electric transmission system, or an electric distribution system owned or operated by a municipal corporation.

(1) For waterworks systems, it shall be no objection to the exercise of power that the property to be condemned is located in a different county from the municipal corporation.

(2) In addition, for electric transmission systems and electric distribution systems, it shall be no objection to the exercise of power that the property to be condemned is located outside the corporate limits of the municipal corporation or in a county other than the one wherein the municipal corporation is located.

(3) A municipal corporation shall have the power of eminent domain for its electric transmission system and electric distribution system, outside of its corporate limits without annexation of such territory, regardless of whether the territory has been allocated to an electric public utility or electric cooperative corporation, pursuant to a certificate of convenience and necessity or other authority from the Arkansas Public Service Commission, as long as the electric transmission system or electric distribution system being constructed by the municipal corporation is only for the purpose of serving customers of the municipal corporation and not for the purpose of serving electric public utility customers or electric cooperative customers at retail inside the territory allocated to an electric public utility or electric cooperative corporation pursuant to a certificate of convenience and necessity or other authority from the commission.

(4) (A) Before a municipal corporation exercises the power of eminent domain under this section, the municipal corporation shall provide written notice to any electric public utility or electric cooperative corporation that has received a certificate of convenience and necessity or other authority from the commission to serve retail customers in any area in which the power of eminent domain is to be exercised. (B) (i) The municipal corporation shall also file a copy of the written notice required under subdivision (b)(4)(A) with the commission. (ii) The notice shall contain information regarding the facilities to be constructed by the municipal corporation in conjunction with the exercise of eminent domain, including without limitation routing, size, and voltage, in sufficient detail to reasonably allow the electric public utility or electric cooperative corporation to fully evaluate the impact of the facilities on public safety, reliability of the system of the electric public utility or electric distribution cooperative, or future system expansion plans of the electric public utility or electric cooperative corporation. (C) (i) A municipal corporation shall not exercise the power of eminent domain under this section without obtaining a certificate of convenience and necessity from the commission if the electric public utility or electric cooperative corporation notifies the municipal corporation in writing within forty-five (45) days of its receipt of such notice that the exercise of the power of eminent domain would specifically endanger public safety, negatively impact reliability, or conflict with future construction plans of the electric public utility or electric cooperative corporation. (ii) (a) The written notice shall be in sufficient detail to reasonably allow the municipal corporation to fully evaluate the problems identified. (b) In such event, the municipal corporation may seek from the commission, in accordance with law, a certificate of convenience and necessity and exercise the power of eminent domain as may be required by the municipal corporation. (c) (1) It shall be no objection to the exercise of power that the property to be condemned is a cemetery, if the purpose for which the cemetery is being taken is for an impounding lake for a supply of water or to supplement a supply of water for the waterworks system of the municipality, including land occupied by the cemetery adjacent to the impounding lake taken to prevent pollution of the supply or for an impounding dam to create the impounding lake. (2) The power of a municipality to condemn a cemetery for those purposes shall extend to all cemeteries except those owned by the United States of America, the State of Arkansas, a county of the State of Arkansas, or a municipality of the State of Arkansas. (d) (1) In case of water pipelines, electric transmission facilities, or electric distribution facilities, a right-of-way or easement therefor may be condemned, and rights-of-way and easements for the pipelines, electric transmission facilities, or electric distribution facilities may be condemned along and under railroad rights-of-way, if the ordinary use of the railroad rights-of-way are not obstructed thereby. (2) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained across and under lands and waters of the state, but the ordinary use of the lands and waters shall not be unduly obstructed thereby. (3) (A) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained under, across, and along public highways, roads, streets, and alleys, but the ordinary use of the public highways, roads, streets, and alleys shall not be unduly obstructed thereby. (B) At its own expense, the municipality constructing the water pipelines, electric transmission facilities, or electric distribution facilities shall properly backfill the trench in which the pipeline, electric transmission lines, or electric distribution lines are laid and shall restore any sidewalks, curbs, gutters, pavements, or surfacing cut or damaged by the construction or maintenance. (e) As used in this section: (1) "Electric distribution system", "electric distribution facilities", and "electric distribution lines" mean electric utility properties and facilities necessary for distributing electricity below sixty-nine kilovolts (69 kV) phase-to-phase to a municipal corporation's retail customers within its corporate limits or within any other area served by the municipal corporation pursuant to any grant of authority by the commission or any other contiguous municipal corporation pursuant to a franchise agreement or other grant of authority for retail electric service; (2) "Electric transmission system or systems", "electric transmission facilities", and "electric transmission lines" mean electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher and not for service to a directly tapped, retail, end-use customer or customers or any wholesale customer or customers except municipal corporations. Any electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher constructed on lands acquired in whole or in part by the municipal corporation utilizing the power of eminent domain granted in this section may be connected only with the following defined entities for the life of the properties and facilities and no others: (A) The municipal corporation's electric generation or transmission or distribution system; (B) Any electric utility or an independent transmission system operator, independent transmission company, independent regional transmission group, or other independent transmission entity operating transmission facilities in this state; and (C) The electric generation or transmission or distribution system owned by other municipal corporations owning an electric system; (3) "Municipal corporations" includes consolidated municipal utility improvement districts owning an electric system; and (4) "Or other lawful purposes" includes a waterworks system, an electric transmission system, or an electric distribution system in its entirety or any integral part thereof or any extension, addition, betterment, or improvement to an existing waterworks system, an electric transmission system, or an electric distribution system owned or operated by a municipal corporation.

(A) Before a municipal corporation exercises the power of eminent domain under this section, the municipal corporation shall provide written notice to any electric public utility or electric cooperative corporation that has received a certificate of convenience and necessity or other authority from the commission to serve retail customers in any area in which the power of eminent domain is to be exercised.

(B) (i) The municipal corporation shall also file a copy of the written notice required under subdivision (b)(4)(A) with the commission. (ii) The notice shall contain information regarding the facilities to be constructed by the municipal corporation in conjunction with the exercise of eminent domain, including without limitation routing, size, and voltage, in sufficient detail to reasonably allow the electric public utility or electric cooperative corporation to fully evaluate the impact of the facilities on public safety, reliability of the system of the electric public utility or electric distribution cooperative, or future system expansion plans of the electric public utility or electric cooperative corporation.

(i) The municipal corporation shall also file a copy of the written notice required under subdivision (b)(4)(A) with the commission.

(ii) The notice shall contain information regarding the facilities to be constructed by the municipal corporation in conjunction with the exercise of eminent domain, including without limitation routing, size, and voltage, in sufficient detail to reasonably allow the electric public utility or electric cooperative corporation to fully evaluate the impact of the facilities on public safety, reliability of the system of the electric public utility or electric distribution cooperative, or future system expansion plans of the electric public utility or electric cooperative corporation.

(C) (i) A municipal corporation shall not exercise the power of eminent domain under this section without obtaining a certificate of convenience and necessity from the commission if the electric public utility or electric cooperative corporation notifies the municipal corporation in writing within forty-five (45) days of its receipt of such notice that the exercise of the power of eminent domain would specifically endanger public safety, negatively impact reliability, or conflict with future construction plans of the electric public utility or electric cooperative corporation. (ii) (a) The written notice shall be in sufficient detail to reasonably allow the municipal corporation to fully evaluate the problems identified. (b) In such event, the municipal corporation may seek from the commission, in accordance with law, a certificate of convenience and necessity and exercise the power of eminent domain as may be required by the municipal corporation. (c) (1) It shall be no objection to the exercise of power that the property to be condemned is a cemetery, if the purpose for which the cemetery is being taken is for an impounding lake for a supply of water or to supplement a supply of water for the waterworks system of the municipality, including land occupied by the cemetery adjacent to the impounding lake taken to prevent pollution of the supply or for an impounding dam to create the impounding lake. (2) The power of a municipality to condemn a cemetery for those purposes shall extend to all cemeteries except those owned by the United States of America, the State of Arkansas, a county of the State of Arkansas, or a municipality of the State of Arkansas. (d) (1) In case of water pipelines, electric transmission facilities, or electric distribution facilities, a right-of-way or easement therefor may be condemned, and rights-of-way and easements for the pipelines, electric transmission facilities, or electric distribution facilities may be condemned along and under railroad rights-of-way, if the ordinary use of the railroad rights-of-way are not obstructed thereby. (2) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained across and under lands and waters of the state, but the ordinary use of the lands and waters shall not be unduly obstructed thereby. (3) (A) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained under, across, and along public highways, roads, streets, and alleys, but the ordinary use of the public highways, roads, streets, and alleys shall not be unduly obstructed thereby. (B) At its own expense, the municipality constructing the water pipelines, electric transmission facilities, or electric distribution facilities shall properly backfill the trench in which the pipeline, electric transmission lines, or electric distribution lines are laid and shall restore any sidewalks, curbs, gutters, pavements, or surfacing cut or damaged by the construction or maintenance. (e) As used in this section: (1) "Electric distribution system", "electric distribution facilities", and "electric distribution lines" mean electric utility properties and facilities necessary for distributing electricity below sixty-nine kilovolts (69 kV) phase-to-phase to a municipal corporation's retail customers within its corporate limits or within any other area served by the municipal corporation pursuant to any grant of authority by the commission or any other contiguous municipal corporation pursuant to a franchise agreement or other grant of authority for retail electric service; (2) "Electric transmission system or systems", "electric transmission facilities", and "electric transmission lines" mean electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher and not for service to a directly tapped, retail, end-use customer or customers or any wholesale customer or customers except municipal corporations. Any electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher constructed on lands acquired in whole or in part by the municipal corporation utilizing the power of eminent domain granted in this section may be connected only with the following defined entities for the life of the properties and facilities and no others: (A) The municipal corporation's electric generation or transmission or distribution system; (B) Any electric utility or an independent transmission system operator, independent transmission company, independent regional transmission group, or other independent transmission entity operating transmission facilities in this state; and (C) The electric generation or transmission or distribution system owned by other municipal corporations owning an electric system; (3) "Municipal corporations" includes consolidated municipal utility improvement districts owning an electric system; and (4) "Or other lawful purposes" includes a waterworks system, an electric transmission system, or an electric distribution system in its entirety or any integral part thereof or any extension, addition, betterment, or improvement to an existing waterworks system, an electric transmission system, or an electric distribution system owned or operated by a municipal corporation.

(i) A municipal corporation shall not exercise the power of eminent domain under this section without obtaining a certificate of convenience and necessity from the commission if the electric public utility or electric cooperative corporation notifies the municipal corporation in writing within forty-five (45) days of its receipt of such notice that the exercise of the power of eminent domain would specifically endanger public safety, negatively impact reliability, or conflict with future construction plans of the electric public utility or electric cooperative corporation.

(ii) (a) The written notice shall be in sufficient detail to reasonably allow the municipal corporation to fully evaluate the problems identified. (b) In such event, the municipal corporation may seek from the commission, in accordance with law, a certificate of convenience and necessity and exercise the power of eminent domain as may be required by the municipal corporation. (c) (1) It shall be no objection to the exercise of power that the property to be condemned is a cemetery, if the purpose for which the cemetery is being taken is for an impounding lake for a supply of water or to supplement a supply of water for the waterworks system of the municipality, including land occupied by the cemetery adjacent to the impounding lake taken to prevent pollution of the supply or for an impounding dam to create the impounding lake. (2) The power of a municipality to condemn a cemetery for those purposes shall extend to all cemeteries except those owned by the United States of America, the State of Arkansas, a county of the State of Arkansas, or a municipality of the State of Arkansas. (d) (1) In case of water pipelines, electric transmission facilities, or electric distribution facilities, a right-of-way or easement therefor may be condemned, and rights-of-way and easements for the pipelines, electric transmission facilities, or electric distribution facilities may be condemned along and under railroad rights-of-way, if the ordinary use of the railroad rights-of-way are not obstructed thereby. (2) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained across and under lands and waters of the state, but the ordinary use of the lands and waters shall not be unduly obstructed thereby. (3) (A) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained under, across, and along public highways, roads, streets, and alleys, but the ordinary use of the public highways, roads, streets, and alleys shall not be unduly obstructed thereby. (B) At its own expense, the municipality constructing the water pipelines, electric transmission facilities, or electric distribution facilities shall properly backfill the trench in which the pipeline, electric transmission lines, or electric distribution lines are laid and shall restore any sidewalks, curbs, gutters, pavements, or surfacing cut or damaged by the construction or maintenance. (e) As used in this section: (1) "Electric distribution system", "electric distribution facilities", and "electric distribution lines" mean electric utility properties and facilities necessary for distributing electricity below sixty-nine kilovolts (69 kV) phase-to-phase to a municipal corporation's retail customers within its corporate limits or within any other area served by the municipal corporation pursuant to any grant of authority by the commission or any other contiguous municipal corporation pursuant to a franchise agreement or other grant of authority for retail electric service; (2) "Electric transmission system or systems", "electric transmission facilities", and "electric transmission lines" mean electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher and not for service to a directly tapped, retail, end-use customer or customers or any wholesale customer or customers except municipal corporations. Any electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher constructed on lands acquired in whole or in part by the municipal corporation utilizing the power of eminent domain granted in this section may be connected only with the following defined entities for the life of the properties and facilities and no others: (A) The municipal corporation's electric generation or transmission or distribution system; (B) Any electric utility or an independent transmission system operator, independent transmission company, independent regional transmission group, or other independent transmission entity operating transmission facilities in this state; and (C) The electric generation or transmission or distribution system owned by other municipal corporations owning an electric system; (3) "Municipal corporations" includes consolidated municipal utility improvement districts owning an electric system; and (4) "Or other lawful purposes" includes a waterworks system, an electric transmission system, or an electric distribution system in its entirety or any integral part thereof or any extension, addition, betterment, or improvement to an existing waterworks system, an electric transmission system, or an electric distribution system owned or operated by a municipal corporation.

(a) The written notice shall be in sufficient detail to reasonably allow the municipal corporation to fully evaluate the problems identified.

(b) In such event, the municipal corporation may seek from the commission, in accordance with law, a certificate of convenience and necessity and exercise the power of eminent domain as may be required by the municipal corporation.

(c) (1) It shall be no objection to the exercise of power that the property to be condemned is a cemetery, if the purpose for which the cemetery is being taken is for an impounding lake for a supply of water or to supplement a supply of water for the waterworks system of the municipality, including land occupied by the cemetery adjacent to the impounding lake taken to prevent pollution of the supply or for an impounding dam to create the impounding lake. (2) The power of a municipality to condemn a cemetery for those purposes shall extend to all cemeteries except those owned by the United States of America, the State of Arkansas, a county of the State of Arkansas, or a municipality of the State of Arkansas.

(1) It shall be no objection to the exercise of power that the property to be condemned is a cemetery, if the purpose for which the cemetery is being taken is for an impounding lake for a supply of water or to supplement a supply of water for the waterworks system of the municipality, including land occupied by the cemetery adjacent to the impounding lake taken to prevent pollution of the supply or for an impounding dam to create the impounding lake.

(2) The power of a municipality to condemn a cemetery for those purposes shall extend to all cemeteries except those owned by the United States of America, the State of Arkansas, a county of the State of Arkansas, or a municipality of the State of Arkansas.

(d) (1) In case of water pipelines, electric transmission facilities, or electric distribution facilities, a right-of-way or easement therefor may be condemned, and rights-of-way and easements for the pipelines, electric transmission facilities, or electric distribution facilities may be condemned along and under railroad rights-of-way, if the ordinary use of the railroad rights-of-way are not obstructed thereby. (2) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained across and under lands and waters of the state, but the ordinary use of the lands and waters shall not be unduly obstructed thereby. (3) (A) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained under, across, and along public highways, roads, streets, and alleys, but the ordinary use of the public highways, roads, streets, and alleys shall not be unduly obstructed thereby. (B) At its own expense, the municipality constructing the water pipelines, electric transmission facilities, or electric distribution facilities shall properly backfill the trench in which the pipeline, electric transmission lines, or electric distribution lines are laid and shall restore any sidewalks, curbs, gutters, pavements, or surfacing cut or damaged by the construction or maintenance.

(1) In case of water pipelines, electric transmission facilities, or electric distribution facilities, a right-of-way or easement therefor may be condemned, and rights-of-way and easements for the pipelines, electric transmission facilities, or electric distribution facilities may be condemned along and under railroad rights-of-way, if the ordinary use of the railroad rights-of-way are not obstructed thereby.

(2) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained across and under lands and waters of the state, but the ordinary use of the lands and waters shall not be unduly obstructed thereby.

(3) (A) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained under, across, and along public highways, roads, streets, and alleys, but the ordinary use of the public highways, roads, streets, and alleys shall not be unduly obstructed thereby. (B) At its own expense, the municipality constructing the water pipelines, electric transmission facilities, or electric distribution facilities shall properly backfill the trench in which the pipeline, electric transmission lines, or electric distribution lines are laid and shall restore any sidewalks, curbs, gutters, pavements, or surfacing cut or damaged by the construction or maintenance.

(A) The water pipelines, electric transmission facilities, or electric distribution facilities may be constructed and maintained under, across, and along public highways, roads, streets, and alleys, but the ordinary use of the public highways, roads, streets, and alleys shall not be unduly obstructed thereby.

(B) At its own expense, the municipality constructing the water pipelines, electric transmission facilities, or electric distribution facilities shall properly backfill the trench in which the pipeline, electric transmission lines, or electric distribution lines are laid and shall restore any sidewalks, curbs, gutters, pavements, or surfacing cut or damaged by the construction or maintenance.

(e) As used in this section: (1) "Electric distribution system", "electric distribution facilities", and "electric distribution lines" mean electric utility properties and facilities necessary for distributing electricity below sixty-nine kilovolts (69 kV) phase-to-phase to a municipal corporation's retail customers within its corporate limits or within any other area served by the municipal corporation pursuant to any grant of authority by the commission or any other contiguous municipal corporation pursuant to a franchise agreement or other grant of authority for retail electric service; (2) "Electric transmission system or systems", "electric transmission facilities", and "electric transmission lines" mean electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher and not for service to a directly tapped, retail, end-use customer or customers or any wholesale customer or customers except municipal corporations. Any electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher constructed on lands acquired in whole or in part by the municipal corporation utilizing the power of eminent domain granted in this section may be connected only with the following defined entities for the life of the properties and facilities and no others: (A) The municipal corporation's electric generation or transmission or distribution system; (B) Any electric utility or an independent transmission system operator, independent transmission company, independent regional transmission group, or other independent transmission entity operating transmission facilities in this state; and (C) The electric generation or transmission or distribution system owned by other municipal corporations owning an electric system; (3) "Municipal corporations" includes consolidated municipal utility improvement districts owning an electric system; and (4) "Or other lawful purposes" includes a waterworks system, an electric transmission system, or an electric distribution system in its entirety or any integral part thereof or any extension, addition, betterment, or improvement to an existing waterworks system, an electric transmission system, or an electric distribution system owned or operated by a municipal corporation.

(1) "Electric distribution system", "electric distribution facilities", and "electric distribution lines" mean electric utility properties and facilities necessary for distributing electricity below sixty-nine kilovolts (69 kV) phase-to-phase to a municipal corporation's retail customers within its corporate limits or within any other area served by the municipal corporation pursuant to any grant of authority by the commission or any other contiguous municipal corporation pursuant to a franchise agreement or other grant of authority for retail electric service;

(2) "Electric transmission system or systems", "electric transmission facilities", and "electric transmission lines" mean electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher and not for service to a directly tapped, retail, end-use customer or customers or any wholesale customer or customers except municipal corporations. Any electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher constructed on lands acquired in whole or in part by the municipal corporation utilizing the power of eminent domain granted in this section may be connected only with the following defined entities for the life of the properties and facilities and no others: (A) The municipal corporation's electric generation or transmission or distribution system; (B) Any electric utility or an independent transmission system operator, independent transmission company, independent regional transmission group, or other independent transmission entity operating transmission facilities in this state; and (C) The electric generation or transmission or distribution system owned by other municipal corporations owning an electric system;

(A) The municipal corporation's electric generation or transmission or distribution system;

(B) Any electric utility or an independent transmission system operator, independent transmission company, independent regional transmission group, or other independent transmission entity operating transmission facilities in this state; and

(C) The electric generation or transmission or distribution system owned by other municipal corporations owning an electric system;

(3) "Municipal corporations" includes consolidated municipal utility improvement districts owning an electric system; and

(4) "Or other lawful purposes" includes a waterworks system, an electric transmission system, or an electric distribution system in its entirety or any integral part thereof or any extension, addition, betterment, or improvement to an existing waterworks system, an electric transmission system, or an electric distribution system owned or operated by a municipal corporation.

Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., § 4009; Acts 1935, No. 155, § 1; Pope's Dig., § 5011; Acts 1953, No. 201, § 1; 1955, No. 53, § 1; A.S.A. 1947, § 35-902; Acts 2001, No. 1795, § 1; 2003, No. 366, § 4; 2009, No. 418, § 1; 2011, No. 271, §§ 2, 3.
Ark. Code Ann. § 18-41-103 — AR Code / Title 18 / Chapter 41 / Section 18-41-103
Lien for advances - Enforcement
Status: in_force

(a) (1) In addition to the lien given by law to landlords, if any landlord, to enable his or her tenant or employee to make and gather the crop, shall advance the tenant or employee any necessary supplies, either of money, provisions, clothing, stock, or other necessary articles, the landlord shall have a lien upon the crop raised upon the premises for the value of the advances. (2) The lien is perfected and shall have priority over a conflicting security interest in or agricultural lien on the crop regardless of when the conflicting security interest or agricultural lien is perfected. (b) This lien shall have preference over any mortgage or other conveyance of the crop made by the tenant or employee. (c) This lien may be enforced by an action of attachment before any court having jurisdiction, and the lien for advances and for rent may be joined and enforced in the same action. Amended by Act 2017, No. 757,§ 1, eff. 8/1/2017. Acts 1885, No. 134, § 1, p. 225; C. & M. Dig., § 6890; Pope's Dig., § 8846; A.S.A. 1947, § 51-203; Acts 2003, No. 32, § 4.

(a) (1) In addition to the lien given by law to landlords, if any landlord, to enable his or her tenant or employee to make and gather the crop, shall advance the tenant or employee any necessary supplies, either of money, provisions, clothing, stock, or other necessary articles, the landlord shall have a lien upon the crop raised upon the premises for the value of the advances. (2) The lien is perfected and shall have priority over a conflicting security interest in or agricultural lien on the crop regardless of when the conflicting security interest or agricultural lien is perfected.

(1) In addition to the lien given by law to landlords, if any landlord, to enable his or her tenant or employee to make and gather the crop, shall advance the tenant or employee any necessary supplies, either of money, provisions, clothing, stock, or other necessary articles, the landlord shall have a lien upon the crop raised upon the premises for the value of the advances.

(2) The lien is perfected and shall have priority over a conflicting security interest in or agricultural lien on the crop regardless of when the conflicting security interest or agricultural lien is perfected.

(b) This lien shall have preference over any mortgage or other conveyance of the crop made by the tenant or employee.

(c) This lien may be enforced by an action of attachment before any court having jurisdiction, and the lien for advances and for rent may be joined and enforced in the same action.

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

Acts 1885, No. 134, § 1, p. 225; C. & M. Dig., § 6890; Pope's Dig., § 8846; A.S.A. 1947, § 51-203; Acts 2003, No. 32, § 4.
Ark. Code Ann. § 18-48-802 — AR Code / Title 18 / Chapter 48 / Subchapter 8 / Section 18-48-802
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Base rent" means the rent designated in a lease as base rent, or a similar term, for the possession and use of commercial real estate. (B) "Base rent" does not include separate payments made by tenants for insurance, taxes, utilities, or other expenses; (2) (A) "Commercial real estate" means: (i) A fee simple, freehold, leasehold, or other title, interest, or possessory estate in real property located in the State of Arkansas; and (ii) Real property if the property is identified as commercial real estate in the representation agreement. (B) "Commercial real estate" does not mean an interest in real property that is: (i) Improved with one (1) single-family residential unit or one (1) multifamily structure with four (4) or fewer residential units; or (ii) Improved with single-family residential units such as condominiums, townhouses, timeshares, or houses in a subdivision that may be sold, leased, or otherwise disposed of on a unit-by-unit basis; (3) "Days" means calendar days; (4) "Disposition" means a voluntary transfer or conveyance of commercial real estate; (5) "Escrow closing agent" means the person or entity that receives documents and funds for recording and disbursement in the completion of a transaction for the disposition of commercial real estate; (6) "Lease" means a written agreement affecting commercial real estate that creates a landlord and tenant relationship under which the holder of a fee simple interest or possessory estate in commercial real estate permits another to possess the commercial real estate for the period of time contained in the lease; (7) "Licensee" means a licensee as defined in § 17-42-103 ; (8) (A) "Net rental proceeds" means the base rent paid by the tenant under a lease less any amounts currently due under the terms of a lien that has priority over a lien created under this subchapter. (B) Net rental proceeds are personal property to which a lien created by this subchapter attaches; (9) "Owner" means a person or entity that is vested in record fee title or a possessory estate in commercial real estate; (10) (A) "Owner's net proceeds" means the gross sales proceeds from the disposition of commercial real estate described in a notice of claim of lien against proceeds under this subchapter less: (i) Amounts necessary to pay all encumbrances and liens that have priority over the lien created by this subchapter other than those permitted to remain by the buyer of the commercial real estate; and (ii) Owner's closing costs, such as real estate excise tax, title insurance premiums, real estate tax and assessment prorations, and escrow fees required to be paid by the owner under an agreement with the buyer of the commercial real estate. (B) "Owner's net proceeds" includes any gross sales proceeds that are: (i) Held by a third party for purposes of completing an exchange of real estate which is deferred from federal income tax under Section 1031 of the Internal Revenue Code of 1986, as it existed on January 1, 2011, but are not used later for that purpose; and (ii) Personal property to which a lien created by this subchapter attaches; (11) "Principal broker" means a principal broker as defined in § 17-42-103 ; (12) "Real property" means one (1) or more parcels or tracts of land, including an appurtenance or improvement; and (13) "Representation agreement" means a commercial real estate agreement between a licensee and an owner under which the owner agrees to pay a licensee a fee, commission, or other consideration upon: (A) Either the disposition or lease of commercial real estate; or (B) Entering into an agreement for the disposition or lease of commercial real estate. Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.

As used in this subchapter:

(1) (A) "Base rent" means the rent designated in a lease as base rent, or a similar term, for the possession and use of commercial real estate. (B) "Base rent" does not include separate payments made by tenants for insurance, taxes, utilities, or other expenses;

(A) "Base rent" means the rent designated in a lease as base rent, or a similar term, for the possession and use of commercial real estate.

(B) "Base rent" does not include separate payments made by tenants for insurance, taxes, utilities, or other expenses;

(2) (A) "Commercial real estate" means: (i) A fee simple, freehold, leasehold, or other title, interest, or possessory estate in real property located in the State of Arkansas; and (ii) Real property if the property is identified as commercial real estate in the representation agreement. (B) "Commercial real estate" does not mean an interest in real property that is: (i) Improved with one (1) single-family residential unit or one (1) multifamily structure with four (4) or fewer residential units; or (ii) Improved with single-family residential units such as condominiums, townhouses, timeshares, or houses in a subdivision that may be sold, leased, or otherwise disposed of on a unit-by-unit basis;

(A) "Commercial real estate" means: (i) A fee simple, freehold, leasehold, or other title, interest, or possessory estate in real property located in the State of Arkansas; and (ii) Real property if the property is identified as commercial real estate in the representation agreement.

(i) A fee simple, freehold, leasehold, or other title, interest, or possessory estate in real property located in the State of Arkansas; and

(ii) Real property if the property is identified as commercial real estate in the representation agreement.

(B) "Commercial real estate" does not mean an interest in real property that is: (i) Improved with one (1) single-family residential unit or one (1) multifamily structure with four (4) or fewer residential units; or (ii) Improved with single-family residential units such as condominiums, townhouses, timeshares, or houses in a subdivision that may be sold, leased, or otherwise disposed of on a unit-by-unit basis;

(i) Improved with one (1) single-family residential unit or one (1) multifamily structure with four (4) or fewer residential units; or

(ii) Improved with single-family residential units such as condominiums, townhouses, timeshares, or houses in a subdivision that may be sold, leased, or otherwise disposed of on a unit-by-unit basis;

(3) "Days" means calendar days;

(4) "Disposition" means a voluntary transfer or conveyance of commercial real estate;

(5) "Escrow closing agent" means the person or entity that receives documents and funds for recording and disbursement in the completion of a transaction for the disposition of commercial real estate;

(6) "Lease" means a written agreement affecting commercial real estate that creates a landlord and tenant relationship under which the holder of a fee simple interest or possessory estate in commercial real estate permits another to possess the commercial real estate for the period of time contained in the lease;

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

(8) (A) "Net rental proceeds" means the base rent paid by the tenant under a lease less any amounts currently due under the terms of a lien that has priority over a lien created under this subchapter. (B) Net rental proceeds are personal property to which a lien created by this subchapter attaches;

(A) "Net rental proceeds" means the base rent paid by the tenant under a lease less any amounts currently due under the terms of a lien that has priority over a lien created under this subchapter.

(B) Net rental proceeds are personal property to which a lien created by this subchapter attaches;

(9) "Owner" means a person or entity that is vested in record fee title or a possessory estate in commercial real estate;

(10) (A) "Owner's net proceeds" means the gross sales proceeds from the disposition of commercial real estate described in a notice of claim of lien against proceeds under this subchapter less: (i) Amounts necessary to pay all encumbrances and liens that have priority over the lien created by this subchapter other than those permitted to remain by the buyer of the commercial real estate; and (ii) Owner's closing costs, such as real estate excise tax, title insurance premiums, real estate tax and assessment prorations, and escrow fees required to be paid by the owner under an agreement with the buyer of the commercial real estate. (B) "Owner's net proceeds" includes any gross sales proceeds that are: (i) Held by a third party for purposes of completing an exchange of real estate which is deferred from federal income tax under Section 1031 of the Internal Revenue Code of 1986, as it existed on January 1, 2011, but are not used later for that purpose; and (ii) Personal property to which a lien created by this subchapter attaches;

(A) "Owner's net proceeds" means the gross sales proceeds from the disposition of commercial real estate described in a notice of claim of lien against proceeds under this subchapter less: (i) Amounts necessary to pay all encumbrances and liens that have priority over the lien created by this subchapter other than those permitted to remain by the buyer of the commercial real estate; and (ii) Owner's closing costs, such as real estate excise tax, title insurance premiums, real estate tax and assessment prorations, and escrow fees required to be paid by the owner under an agreement with the buyer of the commercial real estate.

(i) Amounts necessary to pay all encumbrances and liens that have priority over the lien created by this subchapter other than those permitted to remain by the buyer of the commercial real estate; and

(ii) Owner's closing costs, such as real estate excise tax, title insurance premiums, real estate tax and assessment prorations, and escrow fees required to be paid by the owner under an agreement with the buyer of the commercial real estate.

(B) "Owner's net proceeds" includes any gross sales proceeds that are: (i) Held by a third party for purposes of completing an exchange of real estate which is deferred from federal income tax under Section 1031 of the Internal Revenue Code of 1986, as it existed on January 1, 2011, but are not used later for that purpose; and (ii) Personal property to which a lien created by this subchapter attaches;

(i) Held by a third party for purposes of completing an exchange of real estate which is deferred from federal income tax under Section 1031 of the Internal Revenue Code of 1986, as it existed on January 1, 2011, but are not used later for that purpose; and

(ii) Personal property to which a lien created by this subchapter attaches;

(11) "Principal broker" means a principal broker as defined in § 17-42-103 ;

(12) "Real property" means one (1) or more parcels or tracts of land, including an appurtenance or improvement; and

(13) "Representation agreement" means a commercial real estate agreement between a licensee and an owner under which the owner agrees to pay a licensee a fee, commission, or other consideration upon: (A) Either the disposition or lease of commercial real estate; or (B) Entering into an agreement for the disposition or lease of commercial real estate.

(A) Either the disposition or lease of commercial real estate; or

(B) Entering into an agreement for the disposition or lease of commercial real estate.

Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.
Ark. Code Ann. § 18-2-103 — AR Code / Title 18 / Chapter 2 / Section 18-2-103
Choice of age
Status: in_force

The appropriate age for use in the table is that of the person whose life expectancy serves to measure the life interest being valued. Acts 1981, No. 350, § 3; A.S.A. 1947, § 50-703.

The appropriate age for use in the table is that of the person whose life expectancy serves to measure the life interest being valued.

Acts 1981, No. 350, § 3; A.S.A. 1947, § 50-703.
Ark. Code Ann. § 18-16-507 — AR Code / Title 18 / Chapter 16 / Subchapter 5 / Section 18-16-507
Writ of possession - Definition
Status: in_force

(a) Upon receipt of a writ of possession from the clerk of the court, the sheriff or police chief shall immediately proceed to execute the writ of possession in the specific manner described in this section and, if necessary, ultimately by ejecting from the property described in the writ of possession the defendant or defendants and any other person or persons who have unlawfully received or entered into the possession of the property after the issuance of the writ of possession, and then notify the plaintiff that the property has been vacated by the defendant or defendants. (b) (1) Upon receipt of the writ of possession, the sheriff or police chief shall notify the defendant or defendants of the issuance of the writ of possession by delivering a copy of the writ of possession to the defendant or defendants or to any person authorized to receive summons in civil cases and in like manner. (2) If within eight (8) hours after receipt of the writ of possession the sheriff or police chief does not find any such defendant as stated in the complaint at his or her normal place of residence, the sheriff or police chief may serve the writ of possession by placing a copy conspicuously upon the front door or other structure of the property described in the complaint, which shall have like effect as if delivered in person pursuant to the terms of the writ of possession. (c) (1) (A) If at the expiration of twenty-four (24) hours after the service of the writ of possession in the manner indicated the defendant or defendants remain in possession of the property, the sheriff or police chief shall notify the plaintiff or the plaintiff's attorney of that fact and may employ, may engage, and shall be provided with all labor and assistance required by the sheriff or police chief to obtain possession and remove the possessions and belongings of the defendant or defendants from the affected property to a place of storage in a public warehouse or in some other reasonable safe place of storage under the control of the plaintiff. (B) (i) The defendant or defendants may recover the property stored under subdivision (c)(1)(A) of this section within seven (7) business days. (ii) Before recovering the property, the defendant or defendants shall pay for the reasonable cost of storage. (2) If the defendant or defendants do not recover the property as provided in subdivision (c)(1) of this section, then the court shall order the possessions and belongings of the defendant or defendants sold by the plaintiff in a commercially reasonable manner with the proceeds of the sale applied first to the cost of storage, second to any monetary judgment in favor of the plaintiff, and third to the defendant any excess. (d) In executing the writ of possession, the sheriff or police chief may forcibly remove all locks or other barriers erected to prevent entry upon the premises in any manner which he or she deems appropriate or convenient and, if necessary, physically restrain the defendant or defendants from interfering with the removal of a defendant's property and possessions from the property described in the writ of possession. (e) If the plaintiff is the city attorney or prosecuting attorney, no bond shall be required. If the plaintiff is the landlord or premises owner, no bond shall be required unless ordered by the court as a condition to the execution of a writ of possession granted prior to the date that an answer is to be filed by the defendant or defendants. (f) The sheriff or police chief shall return the writ of possession at or before the return date of the writ of possession and shall state in his or her return the manner in which he or she executed the writ of possession and whether or not the defendant or defendants have been ejected from the property described and, if not, the reason for the failure of the sheriff or police chief to do so. (g) As used in this section, "sheriff or police chief" includes a deputy sheriff, police officer, or other law enforcement official acting at the direction of the sheriff or police chief. Acts 2009, No. 464, § 1.

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

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

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

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

(c) (1) (A) If at the expiration of twenty-four (24) hours after the service of the writ of possession in the manner indicated the defendant or defendants remain in possession of the property, the sheriff or police chief shall notify the plaintiff or the plaintiff's attorney of that fact and may employ, may engage, and shall be provided with all labor and assistance required by the sheriff or police chief to obtain possession and remove the possessions and belongings of the defendant or defendants from the affected property to a place of storage in a public warehouse or in some other reasonable safe place of storage under the control of the plaintiff. (B) (i) The defendant or defendants may recover the property stored under subdivision (c)(1)(A) of this section within seven (7) business days. (ii) Before recovering the property, the defendant or defendants shall pay for the reasonable cost of storage. (2) If the defendant or defendants do not recover the property as provided in subdivision (c)(1) of this section, then the court shall order the possessions and belongings of the defendant or defendants sold by the plaintiff in a commercially reasonable manner with the proceeds of the sale applied first to the cost of storage, second to any monetary judgment in favor of the plaintiff, and third to the defendant any excess.

(1) (A) If at the expiration of twenty-four (24) hours after the service of the writ of possession in the manner indicated the defendant or defendants remain in possession of the property, the sheriff or police chief shall notify the plaintiff or the plaintiff's attorney of that fact and may employ, may engage, and shall be provided with all labor and assistance required by the sheriff or police chief to obtain possession and remove the possessions and belongings of the defendant or defendants from the affected property to a place of storage in a public warehouse or in some other reasonable safe place of storage under the control of the plaintiff. (B) (i) The defendant or defendants may recover the property stored under subdivision (c)(1)(A) of this section within seven (7) business days. (ii) Before recovering the property, the defendant or defendants shall pay for the reasonable cost of storage.

(A) If at the expiration of twenty-four (24) hours after the service of the writ of possession in the manner indicated the defendant or defendants remain in possession of the property, the sheriff or police chief shall notify the plaintiff or the plaintiff's attorney of that fact and may employ, may engage, and shall be provided with all labor and assistance required by the sheriff or police chief to obtain possession and remove the possessions and belongings of the defendant or defendants from the affected property to a place of storage in a public warehouse or in some other reasonable safe place of storage under the control of the plaintiff.

(B) (i) The defendant or defendants may recover the property stored under subdivision (c)(1)(A) of this section within seven (7) business days. (ii) Before recovering the property, the defendant or defendants shall pay for the reasonable cost of storage.

(i) The defendant or defendants may recover the property stored under subdivision (c)(1)(A) of this section within seven (7) business days.

(ii) Before recovering the property, the defendant or defendants shall pay for the reasonable cost of storage.

(2) If the defendant or defendants do not recover the property as provided in subdivision (c)(1) of this section, then the court shall order the possessions and belongings of the defendant or defendants sold by the plaintiff in a commercially reasonable manner with the proceeds of the sale applied first to the cost of storage, second to any monetary judgment in favor of the plaintiff, and third to the defendant any excess.

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

(e) If the plaintiff is the city attorney or prosecuting attorney, no bond shall be required. If the plaintiff is the landlord or premises owner, no bond shall be required unless ordered by the court as a condition to the execution of a writ of possession granted prior to the date that an answer is to be filed by the defendant or defendants.

(f) The sheriff or police chief shall return the writ of possession at or before the return date of the writ of possession and shall state in his or her return the manner in which he or she executed the writ of possession and whether or not the defendant or defendants have been ejected from the property described and, if not, the reason for the failure of the sheriff or police chief to do so.

(g) As used in this section, "sheriff or police chief" includes a deputy sheriff, police officer, or other law enforcement official acting at the direction of the sheriff or police chief.

Acts 2009, No. 464, § 1.
Ark. Code Ann. § 18-42-107 — AR Code / Title 18 / Chapter 42 / Section 18-42-107
Discharge of laborer before expiration of contract
Status: in_force

If any employer, without good cause, shall dismiss a laborer prior to the expiration of his or her contract, unless by agreement, he or she shall be liable to the laborer for the full amount that would have been due him or her at the expiration thereof, and the laborer shall be entitled to the lien provided in § 18-42-105 for the enforcement of the liability. Acts 1883, No. 96, § 5, p. 176; C. & M. Dig., § 6885; Pope's Dig., § 8841; A.S.A. 1947, § 51-507.

If any employer, without good cause, shall dismiss a laborer prior to the expiration of his or her contract, unless by agreement, he or she shall be liable to the laborer for the full amount that would have been due him or her at the expiration thereof, and the laborer shall be entitled to the lien provided in § 18-42-105 for the enforcement of the liability.

Acts 1883, No. 96, § 5, p. 176; C. & M. Dig., § 6885; Pope's Dig., § 8841; A.S.A. 1947, § 51-507.
Ark. Code Ann. § 18-14-303 — AR Code / Title 18 / Chapter 14 / Subchapter 3 / Section 18-14-303
Provisions for management and operation of time-share estate plans
Status: in_force

The time-share instruments for a time-share estate plan offered in this state shall prescribe reasonable arrangements for management and operation of the time-share plan or time-share property and for the maintenance, repair, and furnishing of accommodations including: (1) Establishment of an association of time-share estate owners; (2) Adoption of bylaws for organizing and operating the association; (3) Payment of costs and expenses of operating the time-share plan or time-share property and owning and maintaining the accommodations; (4) Employment and termination of employment of the managing agent for the association; (5) Preparation and dissemination to owners of information concerning the time-share plan or property, including: (A) An annual budget; (B) Operating statements; and (C) Other financial information; (6) Procedures for establishing the rights of owners for the use of accommodations by prearrangement or under a first-reserved, first-served system; (7) Adoption of standards and rules of conduct for the use and occupancy of accommodations by owners; (8) Collection of assessments from owners to defray the expenses of management of the time-share plan or time-share property and maintenance of the accommodation and amenities of the time-share plan or time-share property; (9) Comprehensive general liability insurance for death, bodily injury, and property damage arising out of, or in connection with, the use of the accommodations by owners, their guests, and other users; (10) Methods for providing compensating use periods or monetary compensation to an owner if an accommodation cannot be made available for the period to which the owner is entitled by schedule or by confirmed reservation; and (11) (A) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share plan for failure of the owner to comply with the time-share instruments or the rules of the association concerning the use of the accommodations and amenities. (B) Under these procedures an owner shall be given notice and the opportunity to refute or explain the charges against him or her in person or in writing to the governing body of the association before a decision to impose discipline is rendered. (C) A monetary penalty may be secured by the lien in § 18-14-302 . Amended by Act 2013, No. 710,§ 3, eff. 8/16/2013. Acts 1983, No. 294, Art. 2, § 2-103; A.S.A. 1947, § 50-1310.

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

(1) Establishment of an association of time-share estate owners;

(2) Adoption of bylaws for organizing and operating the association;

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

(4) Employment and termination of employment of the managing agent for the association;

(5) Preparation and dissemination to owners of information concerning the time-share plan or property, including: (A) An annual budget; (B) Operating statements; and (C) Other financial information;

(A) An annual budget;

(B) Operating statements; and

(C) Other financial information;

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

(7) Adoption of standards and rules of conduct for the use and occupancy of accommodations by owners;

(8) Collection of assessments from owners to defray the expenses of management of the time-share plan or time-share property and maintenance of the accommodation and amenities of the time-share plan or time-share property;

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

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

(11) (A) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share plan for failure of the owner to comply with the time-share instruments or the rules of the association concerning the use of the accommodations and amenities. (B) Under these procedures an owner shall be given notice and the opportunity to refute or explain the charges against him or her in person or in writing to the governing body of the association before a decision to impose discipline is rendered. (C) A monetary penalty may be secured by the lien in § 18-14-302 .

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

(B) Under these procedures an owner shall be given notice and the opportunity to refute or explain the charges against him or her in person or in writing to the governing body of the association before a decision to impose discipline is rendered.

(C) A monetary penalty may be secured by the lien in § 18-14-302 .

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

Acts 1983, No. 294, Art. 2, § 2-103; A.S.A. 1947, § 50-1310.
Ark. Code Ann. § 18-15-907 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-907
Notice of viewers' meeting
Status: in_force

(a) (1) It shall be the duty of one (1) of the petitioners to give at least five (5) days' notice in writing to the owners or their agents, if residing within the county. (2) If the owner is a minor, an individual with intellectual disabilities, or an individual with mental illness, then a petitioner shall give notice to the guardian of the person, if a resident of the county, on whose land the public landing is proposed to be laid out and established, and also five (5) days' notice to the viewers named in the order of the county court of the time and place of meeting as specified in the order. (b) It is further made the duty of the petitioners, if the public landing is proposed to be laid out or established on any land owned by nonresidents of the counties, to cause notice to be given to the nonresidents of the county by publication for two (2) consecutive weeks in some newspaper published in the county. If there is no newspaper published in the county, then notice shall be given to the nonresidents by posting a notice of the time and place of the meeting of the viewers as specified in the order of the county court. Also the substance of the petition for the public landing shall be posted upon the door of the office of the clerk of the county court for at least two (2) weeks before the time fixed for the meeting of the viewers. Acts 1909, No. 307, § 8, p. 916; C. & M. Dig., § 4065; Pope's Dig., § 5068; A.S.A. 1947, § 35-1008.

(a) (1) It shall be the duty of one (1) of the petitioners to give at least five (5) days' notice in writing to the owners or their agents, if residing within the county. (2) If the owner is a minor, an individual with intellectual disabilities, or an individual with mental illness, then a petitioner shall give notice to the guardian of the person, if a resident of the county, on whose land the public landing is proposed to be laid out and established, and also five (5) days' notice to the viewers named in the order of the county court of the time and place of meeting as specified in the order.

(1) It shall be the duty of one (1) of the petitioners to give at least five (5) days' notice in writing to the owners or their agents, if residing within the county.

(2) If the owner is a minor, an individual with intellectual disabilities, or an individual with mental illness, then a petitioner shall give notice to the guardian of the person, if a resident of the county, on whose land the public landing is proposed to be laid out and established, and also five (5) days' notice to the viewers named in the order of the county court of the time and place of meeting as specified in the order.

(b) It is further made the duty of the petitioners, if the public landing is proposed to be laid out or established on any land owned by nonresidents of the counties, to cause notice to be given to the nonresidents of the county by publication for two (2) consecutive weeks in some newspaper published in the county. If there is no newspaper published in the county, then notice shall be given to the nonresidents by posting a notice of the time and place of the meeting of the viewers as specified in the order of the county court. Also the substance of the petition for the public landing shall be posted upon the door of the office of the clerk of the county court for at least two (2) weeks before the time fixed for the meeting of the viewers.

Acts 1909, No. 307, § 8, p. 916; C. & M. Dig., § 4065; Pope's Dig., § 5068; A.S.A. 1947, § 35-1008.
Ark. Code Ann. § 18-48-603 — AR Code / Title 18 / Chapter 48 / Subchapter 6 / Section 18-48-603
Action to enforce lien
Status: in_force

(a) After the service of the notice, an action to recover the amount of the debt and to enforce a lien therefor may be maintained by the lienor against the person with whom the agreement was made for the purchase and erection of the monument, gravestone, enclosure, or other structure, or for the performance of labor thereon. (b) If the lienor succeeds in establishing the lien, the judgment recovered may authorize removal of the monument, gravestone, enclosure, or other structure from the burial ground or cemetery to satisfy the amount of the judgment. Acts 1959, No. 109, § 3; A.S.A. 1947, § 51-932.

(a) After the service of the notice, an action to recover the amount of the debt and to enforce a lien therefor may be maintained by the lienor against the person with whom the agreement was made for the purchase and erection of the monument, gravestone, enclosure, or other structure, or for the performance of labor thereon.

(b) If the lienor succeeds in establishing the lien, the judgment recovered may authorize removal of the monument, gravestone, enclosure, or other structure from the burial ground or cemetery to satisfy the amount of the judgment.

Acts 1959, No. 109, § 3; A.S.A. 1947, § 51-932.
Ark. Code Ann. § 18-44-505 — AR Code / Title 18 / Chapter 44 / Subchapter 5 / Section 18-44-505
Option for private construction
Status: in_force

(a) A real estate construction contract between private parties may require the contractor to furnish to the party letting the real estate construction contract a: (1) Payment bond in a sum equal to the amount of the real estate construction contract for the benefit of all persons and entities that can claim a lien under § 18-44-101 et seq.; and (2) Performance bond in a sum equal to the amount of the real estate construction contract for the benefit of the real estate owner. (b) If a payment bond is filed as provided under § 18-44-507 before a lien or lien claim has been filed under § 18-44-101 et seq., then the real estate and improvements that otherwise would be subject to any lien under § 18-44-101 et seq. by reason of work or services provided or material or equipment supplied to the contractor providing the payment bond under the real estate construction contract shall not be subject to the lien. (c) A civil action may be brought in circuit court on a payment bond or performance bond furnished under this section as provided in § 18-44-508 . Amended by Act 2021, No. 986,§ 4, eff. 7/28/2021. Acts 1953, No. 351, § 3; A.S.A. 1947, § 51-634.

(a) A real estate construction contract between private parties may require the contractor to furnish to the party letting the real estate construction contract a: (1) Payment bond in a sum equal to the amount of the real estate construction contract for the benefit of all persons and entities that can claim a lien under § 18-44-101 et seq.; and (2) Performance bond in a sum equal to the amount of the real estate construction contract for the benefit of the real estate owner.

(1) Payment bond in a sum equal to the amount of the real estate construction contract for the benefit of all persons and entities that can claim a lien under § 18-44-101 et seq.; and

(2) Performance bond in a sum equal to the amount of the real estate construction contract for the benefit of the real estate owner.

(b) If a payment bond is filed as provided under § 18-44-507 before a lien or lien claim has been filed under § 18-44-101 et seq., then the real estate and improvements that otherwise would be subject to any lien under § 18-44-101 et seq. by reason of work or services provided or material or equipment supplied to the contractor providing the payment bond under the real estate construction contract shall not be subject to the lien.

(c) A civil action may be brought in circuit court on a payment bond or performance bond furnished under this section as provided in § 18-44-508 .

Amended by Act 2021, No. 986,§ 4, eff. 7/28/2021.

Acts 1953, No. 351, § 3; A.S.A. 1947, § 51-634.
Ark. Code Ann. § 18-47-202 — AR Code / Title 18 / Chapter 47 / Subchapter 2 / Section 18-47-202
Place of filing
Status: in_force

(a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this subchapter. (b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the circuit clerk of the county in which the real property subject to the liens is situated. (c) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows: (1) If the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the Secretary of State; (2) If the person against whose interest the lien applies is a trust that is not covered by paragraph (1), in the office of the Secretary of State; (3) If the person against whose interest the lien applies is the estate of a decedent, in the office of the Secretary of State; (4) In all other cases, in the office of the circuit clerk of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien. Acts 1989, No. 835, § 2.

(a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this subchapter.

(b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the circuit clerk of the county in which the real property subject to the liens is situated.

(c) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows: (1) If the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the Secretary of State; (2) If the person against whose interest the lien applies is a trust that is not covered by paragraph (1), in the office of the Secretary of State; (3) If the person against whose interest the lien applies is the estate of a decedent, in the office of the Secretary of State; (4) In all other cases, in the office of the circuit clerk of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.

(1) If the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the Secretary of State;

(2) If the person against whose interest the lien applies is a trust that is not covered by paragraph (1), in the office of the Secretary of State;

(3) If the person against whose interest the lien applies is the estate of a decedent, in the office of the Secretary of State;

(4) In all other cases, in the office of the circuit clerk of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.

Acts 1989, No. 835, § 2.
Ark. Code Ann. § 18-27-304 — AR Code / Title 18 / Chapter 27 / Subchapter 3 / Section 18-27-304
Notice concerning recovery of personal property and identifiable stolen personal property
Status: in_force

(a) Once an owner requests the return of stolen property, a dealer shall deliver a written notice as to the owner's rights. (b) The written notice required by subsection (a) of this section shall be written in bold letters that are each at least 12-point type and read as follows: "NOTICE CONCERNING STOLEN PROPERTY PLEASE TAKE NOTICE THAT THE RIGHTFUL OWNER MAY ASK A DEALER IN SECONDHAND GOODS ("DEALER") TO RETURN STOLEN PROPERTY BY SHOWING PROOF OF OWNERSHIP OF THE PROPERTY AND SIGNING AN AFFIDAVIT AS TO OWNERSHIP, INDEMNIFYING AND HOLDING THE DEALER HARMLESS FROM LOSS ("AFFIDAVIT"). THE AFFIDAVIT MUST RELATE TO IDENTIFIABLE STOLEN PERSONAL PROPERTY AND BE IN THE FORM BELOW OR ATTACHED TO THIS NOTICE. AFTER DELIVERY OF THE AFFIDAVIT TO THE DEALER AND THE RELEASE OF ANY PROPERTY HOLD PLACED ON THE PROPERTY BY A LAW ENFORCEMENT AGENCY, THE DEALER HAS SEVEN (7) DAYS TO EITHER RELINQUISH THE IDENTIFIABLE STOLEN PERSONAL PROPERTY OR FILE A LEGAL ACTION IN COURT TO DETERMINE OWNERSHIP. IF THE DEALER REFUSES TO DELIVER THE PROPERTY OR FILE AN ACTION IN COURT TO DETERMINE OWNERSHIP WITHIN SEVEN (7) DAYS THEREAFTER, THE OWNER MAY ATTEMPT TO RECOVER THE ITEMS OF STOLEN PERSONAL PROPERTY WITHOUT PAYMENT TO THE DEALER BY FILING A LEGAL ACTION IN COURT. IF THE COURT DETERMINES THAT THE DEALER REFUSED TO EITHER DELIVER THE PERSONAL PROPERTY OR FILE AN ACTION IN COURT TO DETERMINE OWNERSHIP WITHIN SEVEN (7) DAYS, WITHOUT REASONABLE CAUSE, THE DEALER COULD BE ORDERED TO RETURN THE IDENTIFIABLE STOLEN PERSONAL PROPERTY TO THE OWNER WITHOUT CHARGE TO THE OWNER. HOWEVER, IF THE COURT DETERMINES THAT THE PROPERTY WAS ACQUIRED BY THE DEALER FROM A FAMILY MEMBER OR FRIEND, THE OWNER IS ENTITLED TO RECOVER THE PROPERTY ONLY UPON REIMBURSING THE COST TO THE DEALER OF ACQUIRING THE PROPERTY. IF LEGAL ACTION IS FILED TO RECOVER PROPERTY IN THE POSSESSION OF THE DEALER, THE COURT MAY AWARD AND APPORTION COSTS AND ATTORNEY'S FEES AS APPROPRIATE. "IDENTIFIABLE STOLEN PERSONAL PROPERTY" MEANS PERSONAL PROPERTY THAT IS: (A) REPORTED STOLEN TO AN APPROPRIATE LAW ENFORCEMENT AGENCY; (B) DESCRIBED IN THE OFFICIAL STOLEN PROPERTY REPORT OF THE LAW ENFORCEMENT AGENCY BY SERIAL NUMBER, VEHICLE IDENTIFICATION NUMBER, LICENSE REGISTRATION NUMBER, OR OTHER NUMBERS, LETTERS, SYMBOLS, OR MARKINGS THAT AUTHENTICATE THE SPECIFIC PERSONAL PROPERTY IN THE POSSESSION OF DEALER; AND (C) CONNECTED BY DOCUMENTATION (SUCH AS A RECEIPT) PRESENTED TO THE DEALER BY THE OWNER DEMONSTRATING THE LIKELIHOOD OF CURRENT OWNERSHIP. TO PROCEED, PLEASE COMPLETE THE FOLLOWING AFFIDAVIT AND DELIVER TO THE DEALER. AFFIDAVIT AS TO OWNERSHIP, INDEMNITY AND HOLD HARMLESS AGREEMENT STATE OF ARKANSAS COUNTY OF __________________ BEFORE THE UNDERSIGNED, __________________, DULY QUALIFIED AND ACTING IN AND FOR THIS COUNTY AND STATE, APPEARED __________________ [TO ME WELL KNOWN] [SATISFACTORILY PROVEN] TO BE THE AFFIANT HEREIN, WHO STATED THE FOLLOWING UNDER OATH: 1. I, __________________, AM THE SOLE, TRUE AND ABSOLUTE OWNER OF PERSONAL PROPERTY ("PROPERTY"), FREE OF ANY LIENS AND ENCUMBRANCES DESCRIBED AS: __________________ __________________ __________________ AND CURRENTLY IN THE POSSESION OF: __________________ __________________("DEALER") 2. I HAVE REPORTED THE PROPERTY STOLEN TO THE APPROPRIATE LAW ENFORCEMENT AGENCY AND HAVE PRESENTED THE DEALER WITH THE FOLLOWING DOCUMENTATION WITH REGARD TO MY OWNERSHIP OF THE PROPERTY AND SUCH DOCUMENTATION IS ATTACHED HERETO: a. OFFICIAL STOLEN PROPERTY REPORT OF A LAW ENFORCEMENT AGENCY SHOWING SERIAL NUMBER, VEHICLE IDENTIFICATION NUMBER, LICENSE REGISTRATION NUMBER, OR OTHER NUMBERS, LETTERS, SYMBOLS, OR MARKINGS THAT AUTHENTICATE THE SPECIFIC PERSONAL PROPERTY IN THE POSSESSION OF DEALER. SAID REPORT IS ISSUED BY: __________________ AND HAS A REPORT NUMBER OF__________________ b. DOCUMENTATION DEMONSTRATING THE LIKELIHOOD OF MY CURRENT OWNERSHIP OF THE PROPERTY, SPECIFICALLY DESCRIBED AS:__________________ __________________ 3. I WILL COOPERATE WITH LAW ENFORCEMENT AND THE PROSECUTOR IN ALL RESPECTS REGARDING THE THEFT OF PROPERTY. 4. I UNDERSTAND THE DEALER CANNOT RELEASE PROPERTY THAT IS SUBJECT TO A LAW ENFORCEMENT PROPERTY HOLD AND ANY SUCH HOLD MUST BE REMOVED BEFORE THE PROPERTY CAN BE DELIVERED TO ME. 5. I UNDERSTAND THE DEALER HAS SEVEN (7) DAYS TO EITHER RELEASE THE PROPERTY TO ME OR FILE A LEGAL ACTION TO DETERMINE OWNERSHIP. 6. THE PERSON THAT CAUSED THE ITEM TO BE IN THE POSSESSION OF THE DEALER IS NOT A FAMILY MEMBER OR FRIEND OF MINE. 7. I UNDERSTAND THAT I MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES IF THE REPRESENTATIONS I AM MAKING HEREIN ARE UNTRUE. 8. I WILL INDEMNIFY AND HOLD THE DEALER HARMLESS FOR ANY AND ALL LOSS OCCASIONED BY THE REPRESENTATIONS MADE IN THIS AFFIDAVIT WITH REGARD TO THE PROPERTY. FURTHER THE AFFIANT SAYETH NOT. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND THIS __________________ DAY OF __________________. __________________ OWNER SUBSCRIBED AND SWORN TO BEFORE ME THIS __________________ DAY OF__________________. Click here to view form. MY COMMISSION EXPIRES: __________________[SEAL]" Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.

(a) Once an owner requests the return of stolen property, a dealer shall deliver a written notice as to the owner's rights.

(b) The written notice required by subsection (a) of this section shall be written in bold letters that are each at least 12-point type and read as follows: "NOTICE CONCERNING STOLEN PROPERTY PLEASE TAKE NOTICE THAT THE RIGHTFUL OWNER MAY ASK A DEALER IN SECONDHAND GOODS ("DEALER") TO RETURN STOLEN PROPERTY BY SHOWING PROOF OF OWNERSHIP OF THE PROPERTY AND SIGNING AN AFFIDAVIT AS TO OWNERSHIP, INDEMNIFYING AND HOLDING THE DEALER HARMLESS FROM LOSS ("AFFIDAVIT"). THE AFFIDAVIT MUST RELATE TO IDENTIFIABLE STOLEN PERSONAL PROPERTY AND BE IN THE FORM BELOW OR ATTACHED TO THIS NOTICE. AFTER DELIVERY OF THE AFFIDAVIT TO THE DEALER AND THE RELEASE OF ANY PROPERTY HOLD PLACED ON THE PROPERTY BY A LAW ENFORCEMENT AGENCY, THE DEALER HAS SEVEN (7) DAYS TO EITHER RELINQUISH THE IDENTIFIABLE STOLEN PERSONAL PROPERTY OR FILE A LEGAL ACTION IN COURT TO DETERMINE OWNERSHIP. IF THE DEALER REFUSES TO DELIVER THE PROPERTY OR FILE AN ACTION IN COURT TO DETERMINE OWNERSHIP WITHIN SEVEN (7) DAYS THEREAFTER, THE OWNER MAY ATTEMPT TO RECOVER THE ITEMS OF STOLEN PERSONAL PROPERTY WITHOUT PAYMENT TO THE DEALER BY FILING A LEGAL ACTION IN COURT. IF THE COURT DETERMINES THAT THE DEALER REFUSED TO EITHER DELIVER THE PERSONAL PROPERTY OR FILE AN ACTION IN COURT TO DETERMINE OWNERSHIP WITHIN SEVEN (7) DAYS, WITHOUT REASONABLE CAUSE, THE DEALER COULD BE ORDERED TO RETURN THE IDENTIFIABLE STOLEN PERSONAL PROPERTY TO THE OWNER WITHOUT CHARGE TO THE OWNER. HOWEVER, IF THE COURT DETERMINES THAT THE PROPERTY WAS ACQUIRED BY THE DEALER FROM A FAMILY MEMBER OR FRIEND, THE OWNER IS ENTITLED TO RECOVER THE PROPERTY ONLY UPON REIMBURSING THE COST TO THE DEALER OF ACQUIRING THE PROPERTY. IF LEGAL ACTION IS FILED TO RECOVER PROPERTY IN THE POSSESSION OF THE DEALER, THE COURT MAY AWARD AND APPORTION COSTS AND ATTORNEY'S FEES AS APPROPRIATE. "IDENTIFIABLE STOLEN PERSONAL PROPERTY" MEANS PERSONAL PROPERTY THAT IS: (A) REPORTED STOLEN TO AN APPROPRIATE LAW ENFORCEMENT AGENCY; (B) DESCRIBED IN THE OFFICIAL STOLEN PROPERTY REPORT OF THE LAW ENFORCEMENT AGENCY BY SERIAL NUMBER, VEHICLE IDENTIFICATION NUMBER, LICENSE REGISTRATION NUMBER, OR OTHER NUMBERS, LETTERS, SYMBOLS, OR MARKINGS THAT AUTHENTICATE THE SPECIFIC PERSONAL PROPERTY IN THE POSSESSION OF DEALER; AND (C) CONNECTED BY DOCUMENTATION (SUCH AS A RECEIPT) PRESENTED TO THE DEALER BY THE OWNER DEMONSTRATING THE LIKELIHOOD OF CURRENT OWNERSHIP. TO PROCEED, PLEASE COMPLETE THE FOLLOWING AFFIDAVIT AND DELIVER TO THE DEALER. AFFIDAVIT AS TO OWNERSHIP, INDEMNITY AND HOLD HARMLESS AGREEMENT STATE OF ARKANSAS COUNTY OF __________________ BEFORE THE UNDERSIGNED, __________________, DULY QUALIFIED AND ACTING IN AND FOR THIS COUNTY AND STATE, APPEARED __________________ [TO ME WELL KNOWN] [SATISFACTORILY PROVEN] TO BE THE AFFIANT HEREIN, WHO STATED THE FOLLOWING UNDER OATH: 1. I, __________________, AM THE SOLE, TRUE AND ABSOLUTE OWNER OF PERSONAL PROPERTY ("PROPERTY"), FREE OF ANY LIENS AND ENCUMBRANCES DESCRIBED AS: __________________ __________________ __________________ AND CURRENTLY IN THE POSSESION OF: __________________ __________________("DEALER") 2. I HAVE REPORTED THE PROPERTY STOLEN TO THE APPROPRIATE LAW ENFORCEMENT AGENCY AND HAVE PRESENTED THE DEALER WITH THE FOLLOWING DOCUMENTATION WITH REGARD TO MY OWNERSHIP OF THE PROPERTY AND SUCH DOCUMENTATION IS ATTACHED HERETO: a. OFFICIAL STOLEN PROPERTY REPORT OF A LAW ENFORCEMENT AGENCY SHOWING SERIAL NUMBER, VEHICLE IDENTIFICATION NUMBER, LICENSE REGISTRATION NUMBER, OR OTHER NUMBERS, LETTERS, SYMBOLS, OR MARKINGS THAT AUTHENTICATE THE SPECIFIC PERSONAL PROPERTY IN THE POSSESSION OF DEALER. SAID REPORT IS ISSUED BY: __________________ AND HAS A REPORT NUMBER OF__________________ b. DOCUMENTATION DEMONSTRATING THE LIKELIHOOD OF MY CURRENT OWNERSHIP OF THE PROPERTY, SPECIFICALLY DESCRIBED AS:__________________ __________________ 3. I WILL COOPERATE WITH LAW ENFORCEMENT AND THE PROSECUTOR IN ALL RESPECTS REGARDING THE THEFT OF PROPERTY. 4. I UNDERSTAND THE DEALER CANNOT RELEASE PROPERTY THAT IS SUBJECT TO A LAW ENFORCEMENT PROPERTY HOLD AND ANY SUCH HOLD MUST BE REMOVED BEFORE THE PROPERTY CAN BE DELIVERED TO ME. 5. I UNDERSTAND THE DEALER HAS SEVEN (7) DAYS TO EITHER RELEASE THE PROPERTY TO ME OR FILE A LEGAL ACTION TO DETERMINE OWNERSHIP. 6. THE PERSON THAT CAUSED THE ITEM TO BE IN THE POSSESSION OF THE DEALER IS NOT A FAMILY MEMBER OR FRIEND OF MINE. 7. I UNDERSTAND THAT I MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES IF THE REPRESENTATIONS I AM MAKING HEREIN ARE UNTRUE. 8. I WILL INDEMNIFY AND HOLD THE DEALER HARMLESS FOR ANY AND ALL LOSS OCCASIONED BY THE REPRESENTATIONS MADE IN THIS AFFIDAVIT WITH REGARD TO THE PROPERTY. FURTHER THE AFFIANT SAYETH NOT. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND THIS __________________ DAY OF __________________. __________________ OWNER SUBSCRIBED AND SWORN TO BEFORE ME THIS __________________ DAY OF__________________. Click here to view form. MY COMMISSION EXPIRES: __________________[SEAL]"

"NOTICE CONCERNING STOLEN PROPERTY

PLEASE TAKE NOTICE THAT THE RIGHTFUL OWNER MAY ASK A DEALER IN SECONDHAND GOODS ("DEALER") TO RETURN STOLEN PROPERTY BY SHOWING PROOF OF OWNERSHIP OF THE PROPERTY AND SIGNING AN AFFIDAVIT AS TO OWNERSHIP, INDEMNIFYING AND HOLDING THE DEALER HARMLESS FROM LOSS ("AFFIDAVIT"). THE AFFIDAVIT MUST RELATE TO IDENTIFIABLE STOLEN PERSONAL PROPERTY AND BE IN THE FORM BELOW OR ATTACHED TO THIS NOTICE. AFTER DELIVERY OF THE AFFIDAVIT TO THE DEALER AND THE RELEASE OF ANY PROPERTY HOLD PLACED ON THE PROPERTY BY A LAW ENFORCEMENT AGENCY, THE DEALER HAS SEVEN (7) DAYS TO EITHER RELINQUISH THE IDENTIFIABLE STOLEN PERSONAL PROPERTY OR FILE A LEGAL ACTION IN COURT TO DETERMINE OWNERSHIP.

IF THE DEALER REFUSES TO DELIVER THE PROPERTY OR FILE AN ACTION IN COURT TO DETERMINE OWNERSHIP WITHIN SEVEN (7) DAYS THEREAFTER, THE OWNER MAY ATTEMPT TO RECOVER THE ITEMS OF STOLEN PERSONAL PROPERTY WITHOUT PAYMENT TO THE DEALER BY FILING A LEGAL ACTION IN COURT. IF THE COURT DETERMINES THAT THE DEALER REFUSED TO EITHER DELIVER THE PERSONAL PROPERTY OR FILE AN ACTION IN COURT TO DETERMINE OWNERSHIP WITHIN SEVEN (7) DAYS, WITHOUT REASONABLE CAUSE, THE DEALER COULD BE ORDERED TO RETURN THE IDENTIFIABLE STOLEN PERSONAL PROPERTY TO THE OWNER WITHOUT CHARGE TO THE OWNER.

HOWEVER, IF THE COURT DETERMINES THAT THE PROPERTY WAS ACQUIRED BY THE DEALER FROM A FAMILY MEMBER OR FRIEND, THE OWNER IS ENTITLED TO RECOVER THE PROPERTY ONLY UPON REIMBURSING THE COST TO THE DEALER OF ACQUIRING THE PROPERTY.

IF LEGAL ACTION IS FILED TO RECOVER PROPERTY IN THE POSSESSION OF THE DEALER, THE COURT MAY AWARD AND APPORTION COSTS AND ATTORNEY'S FEES AS APPROPRIATE.

"IDENTIFIABLE STOLEN PERSONAL PROPERTY" MEANS PERSONAL PROPERTY THAT IS:

(A) REPORTED STOLEN TO AN APPROPRIATE LAW ENFORCEMENT AGENCY;

(B) DESCRIBED IN THE OFFICIAL STOLEN PROPERTY REPORT OF THE LAW ENFORCEMENT AGENCY BY SERIAL NUMBER, VEHICLE IDENTIFICATION NUMBER, LICENSE REGISTRATION NUMBER, OR OTHER NUMBERS, LETTERS, SYMBOLS, OR MARKINGS THAT AUTHENTICATE THE SPECIFIC PERSONAL PROPERTY IN THE POSSESSION OF DEALER; AND

(C) CONNECTED BY DOCUMENTATION (SUCH AS A RECEIPT) PRESENTED TO THE DEALER BY THE OWNER DEMONSTRATING THE LIKELIHOOD OF CURRENT OWNERSHIP. TO PROCEED, PLEASE COMPLETE THE FOLLOWING AFFIDAVIT AND DELIVER TO THE DEALER. AFFIDAVIT AS TO OWNERSHIP, INDEMNITY AND HOLD HARMLESS AGREEMENT STATE OF ARKANSAS COUNTY OF __________________ BEFORE THE UNDERSIGNED, __________________, DULY QUALIFIED AND ACTING IN AND FOR THIS COUNTY AND STATE, APPEARED __________________ [TO ME WELL KNOWN] [SATISFACTORILY PROVEN] TO BE THE AFFIANT HEREIN, WHO STATED THE FOLLOWING UNDER OATH: 1. I, __________________, AM THE SOLE, TRUE AND ABSOLUTE OWNER OF PERSONAL PROPERTY ("PROPERTY"), FREE OF ANY LIENS AND ENCUMBRANCES DESCRIBED AS: __________________ __________________ __________________ AND CURRENTLY IN THE POSSESION OF: __________________ __________________("DEALER") 2. I HAVE REPORTED THE PROPERTY STOLEN TO THE APPROPRIATE LAW ENFORCEMENT AGENCY AND HAVE PRESENTED THE DEALER WITH THE FOLLOWING DOCUMENTATION WITH REGARD TO MY OWNERSHIP OF THE PROPERTY AND SUCH DOCUMENTATION IS ATTACHED HERETO: a. OFFICIAL STOLEN PROPERTY REPORT OF A LAW ENFORCEMENT AGENCY SHOWING SERIAL NUMBER, VEHICLE IDENTIFICATION NUMBER, LICENSE REGISTRATION NUMBER, OR OTHER NUMBERS, LETTERS, SYMBOLS, OR MARKINGS THAT AUTHENTICATE THE SPECIFIC PERSONAL PROPERTY IN THE POSSESSION OF DEALER. SAID REPORT IS ISSUED BY: __________________ AND HAS A REPORT NUMBER OF__________________ b. DOCUMENTATION DEMONSTRATING THE LIKELIHOOD OF MY CURRENT OWNERSHIP OF THE PROPERTY, SPECIFICALLY DESCRIBED AS:__________________ __________________ 3. I WILL COOPERATE WITH LAW ENFORCEMENT AND THE PROSECUTOR IN ALL RESPECTS REGARDING THE THEFT OF PROPERTY. 4. I UNDERSTAND THE DEALER CANNOT RELEASE PROPERTY THAT IS SUBJECT TO A LAW ENFORCEMENT PROPERTY HOLD AND ANY SUCH HOLD MUST BE REMOVED BEFORE THE PROPERTY CAN BE DELIVERED TO ME. 5. I UNDERSTAND THE DEALER HAS SEVEN (7) DAYS TO EITHER RELEASE THE PROPERTY TO ME OR FILE A LEGAL ACTION TO DETERMINE OWNERSHIP. 6. THE PERSON THAT CAUSED THE ITEM TO BE IN THE POSSESSION OF THE DEALER IS NOT A FAMILY MEMBER OR FRIEND OF MINE. 7. I UNDERSTAND THAT I MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES IF THE REPRESENTATIONS I AM MAKING HEREIN ARE UNTRUE. 8. I WILL INDEMNIFY AND HOLD THE DEALER HARMLESS FOR ANY AND ALL LOSS OCCASIONED BY THE REPRESENTATIONS MADE IN THIS AFFIDAVIT WITH REGARD TO THE PROPERTY. FURTHER THE AFFIANT SAYETH NOT. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND THIS __________________ DAY OF __________________. __________________ OWNER SUBSCRIBED AND SWORN TO BEFORE ME THIS __________________ DAY OF__________________. Click here to view form. MY COMMISSION EXPIRES: __________________[SEAL]"

TO PROCEED, PLEASE COMPLETE THE FOLLOWING AFFIDAVIT AND DELIVER TO THE DEALER.

AFFIDAVIT AS TO OWNERSHIP, INDEMNITY AND HOLD HARMLESS AGREEMENT

STATE OF ARKANSAS

COUNTY OF __________________

BEFORE THE UNDERSIGNED, __________________, DULY QUALIFIED AND ACTING IN AND FOR THIS COUNTY AND STATE, APPEARED __________________ [TO ME WELL KNOWN] [SATISFACTORILY PROVEN] TO BE THE AFFIANT HEREIN, WHO STATED THE FOLLOWING UNDER OATH:

1. I, __________________, AM THE SOLE, TRUE AND ABSOLUTE OWNER OF PERSONAL PROPERTY ("PROPERTY"), FREE OF ANY LIENS AND ENCUMBRANCES DESCRIBED AS: __________________ __________________ __________________ AND CURRENTLY IN THE POSSESION OF: __________________ __________________("DEALER")

AND CURRENTLY IN THE POSSESION OF: __________________ __________________("DEALER")

2. I HAVE REPORTED THE PROPERTY STOLEN TO THE APPROPRIATE LAW ENFORCEMENT AGENCY AND HAVE PRESENTED THE DEALER WITH THE FOLLOWING DOCUMENTATION WITH REGARD TO MY OWNERSHIP OF THE PROPERTY AND SUCH DOCUMENTATION IS ATTACHED HERETO: a. OFFICIAL STOLEN PROPERTY REPORT OF A LAW ENFORCEMENT AGENCY SHOWING SERIAL NUMBER, VEHICLE IDENTIFICATION NUMBER, LICENSE REGISTRATION NUMBER, OR OTHER NUMBERS, LETTERS, SYMBOLS, OR MARKINGS THAT AUTHENTICATE THE SPECIFIC PERSONAL PROPERTY IN THE POSSESSION OF DEALER. SAID REPORT IS ISSUED BY: __________________ AND HAS A REPORT NUMBER OF__________________ b. DOCUMENTATION DEMONSTRATING THE LIKELIHOOD OF MY CURRENT OWNERSHIP OF THE PROPERTY, SPECIFICALLY DESCRIBED AS:__________________ __________________

a. OFFICIAL STOLEN PROPERTY REPORT OF A LAW ENFORCEMENT AGENCY SHOWING SERIAL NUMBER, VEHICLE IDENTIFICATION NUMBER, LICENSE REGISTRATION NUMBER, OR OTHER NUMBERS, LETTERS, SYMBOLS, OR MARKINGS THAT AUTHENTICATE THE SPECIFIC PERSONAL PROPERTY IN THE POSSESSION OF DEALER. SAID REPORT IS ISSUED BY: __________________ AND HAS A REPORT NUMBER OF__________________

__________________

AND HAS A REPORT NUMBER OF__________________

b. DOCUMENTATION DEMONSTRATING THE LIKELIHOOD OF MY CURRENT OWNERSHIP OF THE PROPERTY, SPECIFICALLY DESCRIBED AS:__________________ __________________

__________________

3. I WILL COOPERATE WITH LAW ENFORCEMENT AND THE PROSECUTOR IN ALL RESPECTS REGARDING THE THEFT OF PROPERTY.

4. I UNDERSTAND THE DEALER CANNOT RELEASE PROPERTY THAT IS SUBJECT TO A LAW ENFORCEMENT PROPERTY HOLD AND ANY SUCH HOLD MUST BE REMOVED BEFORE THE PROPERTY CAN BE DELIVERED TO ME.

5. I UNDERSTAND THE DEALER HAS SEVEN (7) DAYS TO EITHER RELEASE THE PROPERTY TO ME OR FILE A LEGAL ACTION TO DETERMINE OWNERSHIP.

6. THE PERSON THAT CAUSED THE ITEM TO BE IN THE POSSESSION OF THE DEALER IS NOT A FAMILY MEMBER OR FRIEND OF MINE.

7. I UNDERSTAND THAT I MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES IF THE REPRESENTATIONS I AM MAKING HEREIN ARE UNTRUE.

8. I WILL INDEMNIFY AND HOLD THE DEALER HARMLESS FOR ANY AND ALL LOSS OCCASIONED BY THE REPRESENTATIONS MADE IN THIS AFFIDAVIT WITH REGARD TO THE PROPERTY. FURTHER THE AFFIANT SAYETH NOT. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND THIS __________________ DAY OF __________________. __________________ OWNER SUBSCRIBED AND SWORN TO BEFORE ME THIS __________________ DAY OF__________________. Click here to view form. MY COMMISSION EXPIRES: __________________[SEAL]"

FURTHER THE AFFIANT SAYETH NOT.

IN WITNESS WHEREOF, I HEREUNTO SET MY HAND THIS __________________ DAY OF __________________.

__________________

OWNER

SUBSCRIBED AND SWORN TO BEFORE ME THIS __________________ DAY OF__________________.

Click here to view form.

MY COMMISSION EXPIRES:

__________________[SEAL]"

Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.

27_304_1 - Attachment
Ark. Code Ann. § 18-15-504 — AR Code / Title 18 / Chapter 15 / Subchapter 5 / Section 18-15-504
Petition for assessment of damages
Status: in_force

(a) If an electric utility, having surveyed and located its line under the power conferred by this section, §§ 18-15-501 - 18-15-503 , and §§ 18-15-505 - 18-15-509 , fails to obtain, by agreement with the owner of the property through which the line may be located, the right-of-way over the property, it may apply by petition to the circuit court of the county in which the property is situated to have the damages for the right-of-way assessed, giving the owner of the property at least ten (10) days' notice in writing by certified mail, return receipt requested, of the time and place where the petition will be heard. (b) In case property sought to be condemned is owned by any individual or corporation and is located in more than one (1) county, the petition may be filed in the circuit court of any county in which the whole or a part of the property may be located, and proceedings had therein will apply to all property designated in the petition. (c) If the owners of the property are nonresidents of the state, infants, or persons of unsound mind, the notice shall be given as follows: (1) (A) By publication in any newspaper in the county which is authorized by law to publish legal notices. (B) The notices shall be published for the same length of time as may be required in other civil causes; (2) If there is no such newspaper published in the county, then the publication shall be made in some newspaper designated by the circuit clerk and one (1) written or printed notice thereof posted on the door of the courthouse of the county; and (3) In writing by certified mail, return receipt requested, to the address of the owners of the property as it appears on the records in the office of the county sheriff or county tax assessor for the mailing of statements of taxes, as provided in § 26-35-705 . (d) As nearly as may be, the petition shall describe the lands over which the right-of-way is located and for which damages are asked to be assessed, whether improved or unimproved, and be sworn to. (e) (1) An electric utility shall not be required to petition a court in order to provide broadband services over its own lines of wire, cables, poles, or other structures that are in service at the time that the electric utility provides broadband services over the lines of wire, cables, poles, or other structures. (2) An owner of property upon which an electric utility's lines of wire, cables, poles, or other structures are located may petition the circuit court of the county in which the property is situated for any compensation to which it might be entitled under this subchapter. Amended by Act 2013, No. 1130,§ 4, eff. 8/16/2013. Acts 1907, No. 120, §§ 5-7, 9, p. 303; C. & M. Dig., §§ 4047-4049, 4051; Pope's Dig., §§ 5049-5051, 5053; A.S.A. 1947, §§ 35-305 -- 35-307, 35-309; Acts 1999, No. 1236, § 1; 2001, No. 1291, § 4; 2007, No. 739, § 4.

(a) If an electric utility, having surveyed and located its line under the power conferred by this section, §§ 18-15-501 - 18-15-503 , and §§ 18-15-505 - 18-15-509 , fails to obtain, by agreement with the owner of the property through which the line may be located, the right-of-way over the property, it may apply by petition to the circuit court of the county in which the property is situated to have the damages for the right-of-way assessed, giving the owner of the property at least ten (10) days' notice in writing by certified mail, return receipt requested, of the time and place where the petition will be heard.

(b) In case property sought to be condemned is owned by any individual or corporation and is located in more than one (1) county, the petition may be filed in the circuit court of any county in which the whole or a part of the property may be located, and proceedings had therein will apply to all property designated in the petition.

(c) If the owners of the property are nonresidents of the state, infants, or persons of unsound mind, the notice shall be given as follows: (1) (A) By publication in any newspaper in the county which is authorized by law to publish legal notices. (B) The notices shall be published for the same length of time as may be required in other civil causes; (2) If there is no such newspaper published in the county, then the publication shall be made in some newspaper designated by the circuit clerk and one (1) written or printed notice thereof posted on the door of the courthouse of the county; and (3) In writing by certified mail, return receipt requested, to the address of the owners of the property as it appears on the records in the office of the county sheriff or county tax assessor for the mailing of statements of taxes, as provided in § 26-35-705 .

(1) (A) By publication in any newspaper in the county which is authorized by law to publish legal notices. (B) The notices shall be published for the same length of time as may be required in other civil causes;

(A) By publication in any newspaper in the county which is authorized by law to publish legal notices.

(B) The notices shall be published for the same length of time as may be required in other civil causes;

(2) If there is no such newspaper published in the county, then the publication shall be made in some newspaper designated by the circuit clerk and one (1) written or printed notice thereof posted on the door of the courthouse of the county; and

(3) In writing by certified mail, return receipt requested, to the address of the owners of the property as it appears on the records in the office of the county sheriff or county tax assessor for the mailing of statements of taxes, as provided in § 26-35-705 .

(d) As nearly as may be, the petition shall describe the lands over which the right-of-way is located and for which damages are asked to be assessed, whether improved or unimproved, and be sworn to.

(e) (1) An electric utility shall not be required to petition a court in order to provide broadband services over its own lines of wire, cables, poles, or other structures that are in service at the time that the electric utility provides broadband services over the lines of wire, cables, poles, or other structures. (2) An owner of property upon which an electric utility's lines of wire, cables, poles, or other structures are located may petition the circuit court of the county in which the property is situated for any compensation to which it might be entitled under this subchapter.

(1) An electric utility shall not be required to petition a court in order to provide broadband services over its own lines of wire, cables, poles, or other structures that are in service at the time that the electric utility provides broadband services over the lines of wire, cables, poles, or other structures.

(2) An owner of property upon which an electric utility's lines of wire, cables, poles, or other structures are located may petition the circuit court of the county in which the property is situated for any compensation to which it might be entitled under this subchapter.

Amended by Act 2013, No. 1130,§ 4, eff. 8/16/2013.

Acts 1907, No. 120, §§ 5-7, 9, p. 303; C. & M. Dig., §§ 4047-4049, 4051; Pope's Dig., §§ 5049-5051, 5053; A.S.A. 1947, §§ 35-305 -- 35-307, 35-309; Acts 1999, No. 1236, § 1; 2001, No. 1291, § 4; 2007, No. 739, § 4.
Ark. Code Ann. § 18-60-402 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-402
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1464,§ 2, eff. 8/16/2013. Civil Code, § 548; C. & M. Dig., § 8099; Pope's Dig., § 10519; A.S.A. 1947, § 34-1802.

Repealed by Act 2013, No. 1464,§ 2, eff. 8/16/2013.

Civil Code, § 548; C. & M. Dig., § 8099; Pope's Dig., § 10519; A.S.A. 1947, § 34-1802.
Ark. Code Ann. § 18-60-814 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-814
Orders directed to other counties
Status: in_force

(a) At any time before judgment an order may be directed to any other county for the delivery of the property claimed. (b) Several orders may issue at the same time, or successively, at the option of the plaintiff, but only one (1) of the orders shall be taxed in the costs, unless otherwise ordered by the court. Civil Code, § 214; C. & M. Dig., § 8652; Pope's Dig., § 11385; A.S.A. 1947, § 34-2114.

(a) At any time before judgment an order may be directed to any other county for the delivery of the property claimed.

(b) Several orders may issue at the same time, or successively, at the option of the plaintiff, but only one (1) of the orders shall be taxed in the costs, unless otherwise ordered by the court.

Civil Code, § 214; C. & M. Dig., § 8652; Pope's Dig., § 11385; A.S.A. 1947, § 34-2114.
Ark. Code Ann. § 18-11-501 — AR Code / Title 18 / Chapter 11 / Subchapter 5 / Section 18-11-501
Discretionary enforcement of residential restrictive covenants
Status: in_force

Circuit judges are authorized to exercise their discretion to balance the equities between or among parties when considering whether to award injunctions or damages in cases involving encroachment of interior setback lines in residential subdivision restrictive covenants. Acts 1999, No. 1380, § 1.

Circuit judges are authorized to exercise their discretion to balance the equities between or among parties when considering whether to award injunctions or damages in cases involving encroachment of interior setback lines in residential subdivision restrictive covenants.

Acts 1999, No. 1380, § 1.
Ark. Code Ann. § 18-12-303 — AR Code / Title 18 / Chapter 12 / Subchapter 3 / Section 18-12-303
Rule in Shelley's Case abolished
Status: in_force

(a) (1) The Rule in Shelley's Case is abolished and shall not be recognized by any court of this state. (2) This section is intended to annul the application or effect of the Rule in Shelley's Case on any instrument or interest in real property. (b) When any instrument prepared or executed after July 16, 2003, conveys an interest in any real property to be given to the heirs or issue of any person in words which, under the rule of construction known as the "Rule in Shelley's Case" would have operated to give to that person an interest in fee simple, those words shall operate as words of purchase and not of limitation. Acts 2003, No. 1030, § 1.

(a) (1) The Rule in Shelley's Case is abolished and shall not be recognized by any court of this state. (2) This section is intended to annul the application or effect of the Rule in Shelley's Case on any instrument or interest in real property.

(1) The Rule in Shelley's Case is abolished and shall not be recognized by any court of this state.

(2) This section is intended to annul the application or effect of the Rule in Shelley's Case on any instrument or interest in real property.

(b) When any instrument prepared or executed after July 16, 2003, conveys an interest in any real property to be given to the heirs or issue of any person in words which, under the rule of construction known as the "Rule in Shelley's Case" would have operated to give to that person an interest in fee simple, those words shall operate as words of purchase and not of limitation.

Acts 2003, No. 1030, § 1.
Ark. Code Ann. § 18-60-204 — AR Code / Title 18 / Chapter 60 / Subchapter 2 / Section 18-60-204
Parties
Status: in_force

(a) The action of ejectment shall be brought and prosecuted in the real names of the parties thereunto. (b) The action may be brought against the person in possession of the premises claimed or his or her lessor, or both. (c) The person from or through whom the defendant claims title to the premises may, on his or her motion, be made a codefendant. Rev. Stat., ch. 53, §§ 4, 5; C. & M. Dig., §§ 3683-3685; Pope's Dig., §§ 4638-4640; A.S.A. 1947, §§ 34-1406, 34-1407.

(a) The action of ejectment shall be brought and prosecuted in the real names of the parties thereunto.

(b) The action may be brought against the person in possession of the premises claimed or his or her lessor, or both.

(c) The person from or through whom the defendant claims title to the premises may, on his or her motion, be made a codefendant.

Rev. Stat., ch. 53, §§ 4, 5; C. & M. Dig., §§ 3683-3685; Pope's Dig., §§ 4638-4640; A.S.A. 1947, §§ 34-1406, 34-1407.
Ark. Code Ann. § 18-14-404 — AR Code / Title 18 / Chapter 14 / Subchapter 4 / Section 18-14-404
Required contents of public offering statements for time-share interests
Status: in_force

(a) A public offering statement shall be provided to each purchaser of a time-share interest and may be delivered by hard copy or electronically, including a CD, DVD, thumb drive, or other electronic media agreeable to the purchaser. The public offering statement shall fully and accurately disclose: (1) The name of the developer, its principal address, and the time-share plan offered in the statement; (2) A general description of the accommodations, including, without limitation, the developer's schedule of commencement and completion of all buildings, accommodations, and amenities or, if completed, that the buildings, accommodations, and amenities have been completed; (3) As to the accommodations offered by the developer in the time-share plan: (A) The types and number of accommodations by location, if applicable; (B) Identification of accommodations that are subject to time-share interests; and (C) The estimated number of accommodations that may become subject to time-share interests; (4) A brief description of the time-share plan; (5) (A) If applicable, the current budget and a projected budget for the time-share interests for one (1) year after the date of the first transfer to a purchaser. (B) The budget shall include, without limitation: (i) A statement of the amount included in the budget as a reserve for repairs and replacement; (ii) The projected common expense liability, if any, by category or expenditures for the time-share interests; (iii) The total annual projected common expense liability for all time-share interests in the time-share plan; and (iv) A statement of any services not shown in the budget that the developer provides or expenses that it pays; (6) Any initial or special fee due from the purchaser at closing with a description of the purpose and method of calculating the fee; (7) A description of any liens, defects, or encumbrances on or affecting the title to any of the time-share interests; (8) A description of any financing offered by the developer; (9) A statement that within five (5) days after execution of a contract of purchase a purchaser may cancel any contract for purchase of time-share interests from the developer; (10) A statement of any pending suits material to the time-share interests of which the developer has actual knowledge; (11) Any restraints on alienation of any number or part of any of the time-share interests; (12) A description of the insurance coverage that is for the benefit of the owners of time-share interests; (13) Any current or expected fees or charges to be paid by time-share interest owners for the use of any facilities related to any of the time-share property; (14) The extent to which financial arrangements have been provided for completion of the promised improvements; and (15) The extent to which a time-share accommodation may become subject to a tax or other lien arising out of claims against other owners of the accommodation. (b) (1) If a purchaser is offered the opportunity to subscribe to any program that provides exchanges of time-shares among purchasers in either the same time-sharing plan or other time-sharing plans, or both, the developer shall deliver to the purchaser before the execution of a contract between the purchaser and the company offering the exchange program, written information concerning the exchange program, which information may be delivered by hard copy or electronically. (2) The purchaser shall certify in writing to the receipt of the information that includes: (A) The name and address of the exchange program; (B) The names of the officers and directors; (C) Whether the exchange program, or any of its officers or directors, has a legal or beneficial interest in any developer or managing agent for a time-share plan participating in the exchange program and, if so, the name and location of the time-share plan and the nature of the interest; (D) Unless otherwise stated, a statement that the purchaser's contract with the exchange program is a contract separate and distinct from the purchaser's contract with the developer; (E) Whether the purchaser's participation in the exchange program is dependent upon the continued affiliation of the time-share project with the exchange program; (F) Whether the purchaser's membership or participation, or both, in the exchange program is voluntary or mandatory; (G) A complete and accurate description of the terms and conditions of the purchaser's contractual relationship with the exchange program and the procedure by which changes may be made; (H) A complete and accurate description of the procedure to qualify for and carry out exchanges; (I) A complete and accurate description of the limitations, restrictions, or priorities used in the operation of the exchange program, including limitations on exchanges based on seasonality, accommodation size, or levels of occupancy that are expressed in bold-faced type and if limitations, restrictions, or priorities are not uniformly applied by the exchange program, a clear description of the way in which they are applied; (J) Whether exchanges are arranged on a space-available basis and whether any guarantees of fulfillment of specific requests for exchanges are made by the exchange program; (K) Whether and under what circumstances, a purchaser, in dealing with the exchange program, may lose the use and occupancy of his or her time-share in any exchange properly applied for without his or her being provided with substitute accommodations by the exchange program; (L) The fees or range of fees for participation by purchasers in the exchange program, a statement whether such fees may be altered by the exchange company, and the circumstances under which alterations may be made; (M) The name and address of the site of each accommodation or facility included in the time-share properties that are participating in the exchange program as of the last annual review or audit; (N) The number of time-share accommodations in each time-share property that are available for occupancy, under the last annual review or audit, and that qualify for participation in the exchange program, expressed in numerical groupings: 1-5, 6-10, 11-20, 21-50, and 51 and over; (O) The number of purchasers enrolled for each time-share plan participating in the exchange program, under the last annual review or audit, expressed in numerical groupings: 1-100, 101-249, 250-499, 500-999, and 1,000 and over, and a statement of the criteria used to determine those purchasers that are enrolled with the exchange program; (P) The disposition made by the exchange company of time-shares deposited with the exchange program by purchasers enrolled in the exchange program and not used by the exchange company in making changes; (Q) The information required in this subdivision (b)(2)(Q) shall be independently reviewed or audited by a certified public accountant or accounting firm according to the standards of the Financial Accounting Standards Board and annually reported: (i) The number of purchasers currently enrolled in the exchange program; (ii) The number of accommodations and facilities that have current written affiliation agreements with the exchange program; (iii) The percentage of confirmed exchanges that are the number of exchanges confirmed by the exchange program divided by the number of exchanges properly applied for, together with a complete and accurate statement of the criteria used to determine whether an exchange request was properly applied for; (iv) The number of time-share periods for which the exchange program has an outstanding obligation to provide an exchange to a purchaser who relinquished a time-share during the year in exchange for a time-share in any future year; and (v) The number of exchanges confirmed by the exchange program during the year; and (R) (i) A statement in boldface type to the effect that the percentage described in subdivision (b)(2)(Q)(iii) of this section is a summary of the exchange requests entered with the exchange program in the period reported. (ii) The percentage does not indicate a purchaser's probabilities of being confirmed to a specific choice or range of choices, since availability at individual locations may vary. (c) Each exchange company offering an exchange program to purchasers in this state shall include the statement in subdivision (b)(2)(R) of this section on all promotional brochures, pamphlets, advertisements, or other materials distributed by the exchange company that contains the percentage in subdivision (b)(2)(Q)(iii) of this section. (d) (1) A developer may satisfy the requirements of this section by delivery to purchasers of materials furnished to the developer by the exchange program if the exchange program has certified to the developer that the materials satisfy the requirements of this section. (2) A developer has no liability to a person if the materials furnished by the exchange program fail to comply with this section. Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013. Acts 1983, No. 294, Art. 3, § 3-101; A.S.A. 1947, § 50-1315.

(a) A public offering statement shall be provided to each purchaser of a time-share interest and may be delivered by hard copy or electronically, including a CD, DVD, thumb drive, or other electronic media agreeable to the purchaser. The public offering statement shall fully and accurately disclose: (1) The name of the developer, its principal address, and the time-share plan offered in the statement; (2) A general description of the accommodations, including, without limitation, the developer's schedule of commencement and completion of all buildings, accommodations, and amenities or, if completed, that the buildings, accommodations, and amenities have been completed; (3) As to the accommodations offered by the developer in the time-share plan: (A) The types and number of accommodations by location, if applicable; (B) Identification of accommodations that are subject to time-share interests; and (C) The estimated number of accommodations that may become subject to time-share interests; (4) A brief description of the time-share plan; (5) (A) If applicable, the current budget and a projected budget for the time-share interests for one (1) year after the date of the first transfer to a purchaser. (B) The budget shall include, without limitation: (i) A statement of the amount included in the budget as a reserve for repairs and replacement; (ii) The projected common expense liability, if any, by category or expenditures for the time-share interests; (iii) The total annual projected common expense liability for all time-share interests in the time-share plan; and (iv) A statement of any services not shown in the budget that the developer provides or expenses that it pays; (6) Any initial or special fee due from the purchaser at closing with a description of the purpose and method of calculating the fee; (7) A description of any liens, defects, or encumbrances on or affecting the title to any of the time-share interests; (8) A description of any financing offered by the developer; (9) A statement that within five (5) days after execution of a contract of purchase a purchaser may cancel any contract for purchase of time-share interests from the developer; (10) A statement of any pending suits material to the time-share interests of which the developer has actual knowledge; (11) Any restraints on alienation of any number or part of any of the time-share interests; (12) A description of the insurance coverage that is for the benefit of the owners of time-share interests; (13) Any current or expected fees or charges to be paid by time-share interest owners for the use of any facilities related to any of the time-share property; (14) The extent to which financial arrangements have been provided for completion of the promised improvements; and (15) The extent to which a time-share accommodation may become subject to a tax or other lien arising out of claims against other owners of the accommodation.

(1) The name of the developer, its principal address, and the time-share plan offered in the statement;

(2) A general description of the accommodations, including, without limitation, the developer's schedule of commencement and completion of all buildings, accommodations, and amenities or, if completed, that the buildings, accommodations, and amenities have been completed;

(3) As to the accommodations offered by the developer in the time-share plan: (A) The types and number of accommodations by location, if applicable; (B) Identification of accommodations that are subject to time-share interests; and (C) The estimated number of accommodations that may become subject to time-share interests;

(A) The types and number of accommodations by location, if applicable;

(B) Identification of accommodations that are subject to time-share interests; and

(C) The estimated number of accommodations that may become subject to time-share interests;

(4) A brief description of the time-share plan;

(5) (A) If applicable, the current budget and a projected budget for the time-share interests for one (1) year after the date of the first transfer to a purchaser. (B) The budget shall include, without limitation: (i) A statement of the amount included in the budget as a reserve for repairs and replacement; (ii) The projected common expense liability, if any, by category or expenditures for the time-share interests; (iii) The total annual projected common expense liability for all time-share interests in the time-share plan; and (iv) A statement of any services not shown in the budget that the developer provides or expenses that it pays;

(A) If applicable, the current budget and a projected budget for the time-share interests for one (1) year after the date of the first transfer to a purchaser.

(B) The budget shall include, without limitation: (i) A statement of the amount included in the budget as a reserve for repairs and replacement; (ii) The projected common expense liability, if any, by category or expenditures for the time-share interests; (iii) The total annual projected common expense liability for all time-share interests in the time-share plan; and (iv) A statement of any services not shown in the budget that the developer provides or expenses that it pays;

(i) A statement of the amount included in the budget as a reserve for repairs and replacement;

(ii) The projected common expense liability, if any, by category or expenditures for the time-share interests;

(iii) The total annual projected common expense liability for all time-share interests in the time-share plan; and

(iv) A statement of any services not shown in the budget that the developer provides or expenses that it pays;

(6) Any initial or special fee due from the purchaser at closing with a description of the purpose and method of calculating the fee;

(7) A description of any liens, defects, or encumbrances on or affecting the title to any of the time-share interests;

(8) A description of any financing offered by the developer;

(9) A statement that within five (5) days after execution of a contract of purchase a purchaser may cancel any contract for purchase of time-share interests from the developer;

(10) A statement of any pending suits material to the time-share interests of which the developer has actual knowledge;

(11) Any restraints on alienation of any number or part of any of the time-share interests;

(12) A description of the insurance coverage that is for the benefit of the owners of time-share interests;

(13) Any current or expected fees or charges to be paid by time-share interest owners for the use of any facilities related to any of the time-share property;

(14) The extent to which financial arrangements have been provided for completion of the promised improvements; and

(15) The extent to which a time-share accommodation may become subject to a tax or other lien arising out of claims against other owners of the accommodation.

(b) (1) If a purchaser is offered the opportunity to subscribe to any program that provides exchanges of time-shares among purchasers in either the same time-sharing plan or other time-sharing plans, or both, the developer shall deliver to the purchaser before the execution of a contract between the purchaser and the company offering the exchange program, written information concerning the exchange program, which information may be delivered by hard copy or electronically. (2) The purchaser shall certify in writing to the receipt of the information that includes: (A) The name and address of the exchange program; (B) The names of the officers and directors; (C) Whether the exchange program, or any of its officers or directors, has a legal or beneficial interest in any developer or managing agent for a time-share plan participating in the exchange program and, if so, the name and location of the time-share plan and the nature of the interest; (D) Unless otherwise stated, a statement that the purchaser's contract with the exchange program is a contract separate and distinct from the purchaser's contract with the developer; (E) Whether the purchaser's participation in the exchange program is dependent upon the continued affiliation of the time-share project with the exchange program; (F) Whether the purchaser's membership or participation, or both, in the exchange program is voluntary or mandatory; (G) A complete and accurate description of the terms and conditions of the purchaser's contractual relationship with the exchange program and the procedure by which changes may be made; (H) A complete and accurate description of the procedure to qualify for and carry out exchanges; (I) A complete and accurate description of the limitations, restrictions, or priorities used in the operation of the exchange program, including limitations on exchanges based on seasonality, accommodation size, or levels of occupancy that are expressed in bold-faced type and if limitations, restrictions, or priorities are not uniformly applied by the exchange program, a clear description of the way in which they are applied; (J) Whether exchanges are arranged on a space-available basis and whether any guarantees of fulfillment of specific requests for exchanges are made by the exchange program; (K) Whether and under what circumstances, a purchaser, in dealing with the exchange program, may lose the use and occupancy of his or her time-share in any exchange properly applied for without his or her being provided with substitute accommodations by the exchange program; (L) The fees or range of fees for participation by purchasers in the exchange program, a statement whether such fees may be altered by the exchange company, and the circumstances under which alterations may be made; (M) The name and address of the site of each accommodation or facility included in the time-share properties that are participating in the exchange program as of the last annual review or audit; (N) The number of time-share accommodations in each time-share property that are available for occupancy, under the last annual review or audit, and that qualify for participation in the exchange program, expressed in numerical groupings: 1-5, 6-10, 11-20, 21-50, and 51 and over; (O) The number of purchasers enrolled for each time-share plan participating in the exchange program, under the last annual review or audit, expressed in numerical groupings: 1-100, 101-249, 250-499, 500-999, and 1,000 and over, and a statement of the criteria used to determine those purchasers that are enrolled with the exchange program; (P) The disposition made by the exchange company of time-shares deposited with the exchange program by purchasers enrolled in the exchange program and not used by the exchange company in making changes; (Q) The information required in this subdivision (b)(2)(Q) shall be independently reviewed or audited by a certified public accountant or accounting firm according to the standards of the Financial Accounting Standards Board and annually reported: (i) The number of purchasers currently enrolled in the exchange program; (ii) The number of accommodations and facilities that have current written affiliation agreements with the exchange program; (iii) The percentage of confirmed exchanges that are the number of exchanges confirmed by the exchange program divided by the number of exchanges properly applied for, together with a complete and accurate statement of the criteria used to determine whether an exchange request was properly applied for; (iv) The number of time-share periods for which the exchange program has an outstanding obligation to provide an exchange to a purchaser who relinquished a time-share during the year in exchange for a time-share in any future year; and (v) The number of exchanges confirmed by the exchange program during the year; and (R) (i) A statement in boldface type to the effect that the percentage described in subdivision (b)(2)(Q)(iii) of this section is a summary of the exchange requests entered with the exchange program in the period reported. (ii) The percentage does not indicate a purchaser's probabilities of being confirmed to a specific choice or range of choices, since availability at individual locations may vary.

(1) If a purchaser is offered the opportunity to subscribe to any program that provides exchanges of time-shares among purchasers in either the same time-sharing plan or other time-sharing plans, or both, the developer shall deliver to the purchaser before the execution of a contract between the purchaser and the company offering the exchange program, written information concerning the exchange program, which information may be delivered by hard copy or electronically.

(2) The purchaser shall certify in writing to the receipt of the information that includes: (A) The name and address of the exchange program; (B) The names of the officers and directors; (C) Whether the exchange program, or any of its officers or directors, has a legal or beneficial interest in any developer or managing agent for a time-share plan participating in the exchange program and, if so, the name and location of the time-share plan and the nature of the interest; (D) Unless otherwise stated, a statement that the purchaser's contract with the exchange program is a contract separate and distinct from the purchaser's contract with the developer; (E) Whether the purchaser's participation in the exchange program is dependent upon the continued affiliation of the time-share project with the exchange program; (F) Whether the purchaser's membership or participation, or both, in the exchange program is voluntary or mandatory; (G) A complete and accurate description of the terms and conditions of the purchaser's contractual relationship with the exchange program and the procedure by which changes may be made; (H) A complete and accurate description of the procedure to qualify for and carry out exchanges; (I) A complete and accurate description of the limitations, restrictions, or priorities used in the operation of the exchange program, including limitations on exchanges based on seasonality, accommodation size, or levels of occupancy that are expressed in bold-faced type and if limitations, restrictions, or priorities are not uniformly applied by the exchange program, a clear description of the way in which they are applied; (J) Whether exchanges are arranged on a space-available basis and whether any guarantees of fulfillment of specific requests for exchanges are made by the exchange program; (K) Whether and under what circumstances, a purchaser, in dealing with the exchange program, may lose the use and occupancy of his or her time-share in any exchange properly applied for without his or her being provided with substitute accommodations by the exchange program; (L) The fees or range of fees for participation by purchasers in the exchange program, a statement whether such fees may be altered by the exchange company, and the circumstances under which alterations may be made; (M) The name and address of the site of each accommodation or facility included in the time-share properties that are participating in the exchange program as of the last annual review or audit; (N) The number of time-share accommodations in each time-share property that are available for occupancy, under the last annual review or audit, and that qualify for participation in the exchange program, expressed in numerical groupings: 1-5, 6-10, 11-20, 21-50, and 51 and over; (O) The number of purchasers enrolled for each time-share plan participating in the exchange program, under the last annual review or audit, expressed in numerical groupings: 1-100, 101-249, 250-499, 500-999, and 1,000 and over, and a statement of the criteria used to determine those purchasers that are enrolled with the exchange program; (P) The disposition made by the exchange company of time-shares deposited with the exchange program by purchasers enrolled in the exchange program and not used by the exchange company in making changes; (Q) The information required in this subdivision (b)(2)(Q) shall be independently reviewed or audited by a certified public accountant or accounting firm according to the standards of the Financial Accounting Standards Board and annually reported: (i) The number of purchasers currently enrolled in the exchange program; (ii) The number of accommodations and facilities that have current written affiliation agreements with the exchange program; (iii) The percentage of confirmed exchanges that are the number of exchanges confirmed by the exchange program divided by the number of exchanges properly applied for, together with a complete and accurate statement of the criteria used to determine whether an exchange request was properly applied for; (iv) The number of time-share periods for which the exchange program has an outstanding obligation to provide an exchange to a purchaser who relinquished a time-share during the year in exchange for a time-share in any future year; and (v) The number of exchanges confirmed by the exchange program during the year; and (R) (i) A statement in boldface type to the effect that the percentage described in subdivision (b)(2)(Q)(iii) of this section is a summary of the exchange requests entered with the exchange program in the period reported. (ii) The percentage does not indicate a purchaser's probabilities of being confirmed to a specific choice or range of choices, since availability at individual locations may vary.

(A) The name and address of the exchange program;

(B) The names of the officers and directors;

(C) Whether the exchange program, or any of its officers or directors, has a legal or beneficial interest in any developer or managing agent for a time-share plan participating in the exchange program and, if so, the name and location of the time-share plan and the nature of the interest;

(D) Unless otherwise stated, a statement that the purchaser's contract with the exchange program is a contract separate and distinct from the purchaser's contract with the developer;

(E) Whether the purchaser's participation in the exchange program is dependent upon the continued affiliation of the time-share project with the exchange program;

(F) Whether the purchaser's membership or participation, or both, in the exchange program is voluntary or mandatory;

(G) A complete and accurate description of the terms and conditions of the purchaser's contractual relationship with the exchange program and the procedure by which changes may be made;

(H) A complete and accurate description of the procedure to qualify for and carry out exchanges;

(I) A complete and accurate description of the limitations, restrictions, or priorities used in the operation of the exchange program, including limitations on exchanges based on seasonality, accommodation size, or levels of occupancy that are expressed in bold-faced type and if limitations, restrictions, or priorities are not uniformly applied by the exchange program, a clear description of the way in which they are applied;

(J) Whether exchanges are arranged on a space-available basis and whether any guarantees of fulfillment of specific requests for exchanges are made by the exchange program;

(K) Whether and under what circumstances, a purchaser, in dealing with the exchange program, may lose the use and occupancy of his or her time-share in any exchange properly applied for without his or her being provided with substitute accommodations by the exchange program;

(L) The fees or range of fees for participation by purchasers in the exchange program, a statement whether such fees may be altered by the exchange company, and the circumstances under which alterations may be made;

(M) The name and address of the site of each accommodation or facility included in the time-share properties that are participating in the exchange program as of the last annual review or audit;

(N) The number of time-share accommodations in each time-share property that are available for occupancy, under the last annual review or audit, and that qualify for participation in the exchange program, expressed in numerical groupings: 1-5, 6-10, 11-20, 21-50, and 51 and over;

(O) The number of purchasers enrolled for each time-share plan participating in the exchange program, under the last annual review or audit, expressed in numerical groupings: 1-100, 101-249, 250-499, 500-999, and 1,000 and over, and a statement of the criteria used to determine those purchasers that are enrolled with the exchange program;

(P) The disposition made by the exchange company of time-shares deposited with the exchange program by purchasers enrolled in the exchange program and not used by the exchange company in making changes;

(Q) The information required in this subdivision (b)(2)(Q) shall be independently reviewed or audited by a certified public accountant or accounting firm according to the standards of the Financial Accounting Standards Board and annually reported: (i) The number of purchasers currently enrolled in the exchange program; (ii) The number of accommodations and facilities that have current written affiliation agreements with the exchange program; (iii) The percentage of confirmed exchanges that are the number of exchanges confirmed by the exchange program divided by the number of exchanges properly applied for, together with a complete and accurate statement of the criteria used to determine whether an exchange request was properly applied for; (iv) The number of time-share periods for which the exchange program has an outstanding obligation to provide an exchange to a purchaser who relinquished a time-share during the year in exchange for a time-share in any future year; and (v) The number of exchanges confirmed by the exchange program during the year; and

(i) The number of purchasers currently enrolled in the exchange program;

(ii) The number of accommodations and facilities that have current written affiliation agreements with the exchange program;

(iii) The percentage of confirmed exchanges that are the number of exchanges confirmed by the exchange program divided by the number of exchanges properly applied for, together with a complete and accurate statement of the criteria used to determine whether an exchange request was properly applied for;

(iv) The number of time-share periods for which the exchange program has an outstanding obligation to provide an exchange to a purchaser who relinquished a time-share during the year in exchange for a time-share in any future year; and

(v) The number of exchanges confirmed by the exchange program during the year; and

(R) (i) A statement in boldface type to the effect that the percentage described in subdivision (b)(2)(Q)(iii) of this section is a summary of the exchange requests entered with the exchange program in the period reported. (ii) The percentage does not indicate a purchaser's probabilities of being confirmed to a specific choice or range of choices, since availability at individual locations may vary.

(i) A statement in boldface type to the effect that the percentage described in subdivision (b)(2)(Q)(iii) of this section is a summary of the exchange requests entered with the exchange program in the period reported.

(ii) The percentage does not indicate a purchaser's probabilities of being confirmed to a specific choice or range of choices, since availability at individual locations may vary.

(c) Each exchange company offering an exchange program to purchasers in this state shall include the statement in subdivision (b)(2)(R) of this section on all promotional brochures, pamphlets, advertisements, or other materials distributed by the exchange company that contains the percentage in subdivision (b)(2)(Q)(iii) of this section.

(d) (1) A developer may satisfy the requirements of this section by delivery to purchasers of materials furnished to the developer by the exchange program if the exchange program has certified to the developer that the materials satisfy the requirements of this section. (2) A developer has no liability to a person if the materials furnished by the exchange program fail to comply with this section.

(1) A developer may satisfy the requirements of this section by delivery to purchasers of materials furnished to the developer by the exchange program if the exchange program has certified to the developer that the materials satisfy the requirements of this section.

(2) A developer has no liability to a person if the materials furnished by the exchange program fail to comply with this section.

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

Acts 1983, No. 294, Art. 3, § 3-101; A.S.A. 1947, § 50-1315.
Ark. Code Ann. § 18-60-1002 — AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1002
Definitions
Status: in_force

In this subchapter: (1) (A) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (B) "Ascendant" includes an adoptive parent and his or her ascendants. (2) "Collateral" means an individual who is related to another individual under § 28-9-214 but who is not the other individual's ascendant or descendant. (3) (A) "Descendant" means an individual's child, grandchild, and any other, however remotely related to such an individual, who is in a direct line of descent from him or her, including lineal descendants and excluding ascendants and collaterals. (B) "Descendant" includes an adopted child and his or her descendants. (4) "Determination of value" means a court order determining the fair market value of heirs property under § 18-60-1006 or § 18-60-1010 or adopting the valuation of the property agreed to by all cotenants. (5) "Heirs property" means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action: (A) there is no agreement in a record binding all the cotenants which governs the partition of the property; (B) one or more of the cotenants acquired title from a relative, whether living or deceased; and (C) any of the following applies: (i) 20 percent or more of the interests are held by cotenants who are relatives; (ii) 20 percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or (iii) 20 percent or more of the cotenants are relatives. (6) "Partition by sale" means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under § 18-60-1010 . (7) "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels. (8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (9) "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by marriage or law of this state other than this subchapter. Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

In this subchapter:

(1) (A) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (B) "Ascendant" includes an adoptive parent and his or her ascendants.

(A) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.

(B) "Ascendant" includes an adoptive parent and his or her ascendants.

(2) "Collateral" means an individual who is related to another individual under § 28-9-214 but who is not the other individual's ascendant or descendant.

(3) (A) "Descendant" means an individual's child, grandchild, and any other, however remotely related to such an individual, who is in a direct line of descent from him or her, including lineal descendants and excluding ascendants and collaterals. (B) "Descendant" includes an adopted child and his or her descendants.

(A) "Descendant" means an individual's child, grandchild, and any other, however remotely related to such an individual, who is in a direct line of descent from him or her, including lineal descendants and excluding ascendants and collaterals.

(B) "Descendant" includes an adopted child and his or her descendants.

(4) "Determination of value" means a court order determining the fair market value of heirs property under § 18-60-1006 or § 18-60-1010 or adopting the valuation of the property agreed to by all cotenants.

(5) "Heirs property" means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action: (A) there is no agreement in a record binding all the cotenants which governs the partition of the property; (B) one or more of the cotenants acquired title from a relative, whether living or deceased; and (C) any of the following applies: (i) 20 percent or more of the interests are held by cotenants who are relatives; (ii) 20 percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or (iii) 20 percent or more of the cotenants are relatives.

(A) there is no agreement in a record binding all the cotenants which governs the partition of the property;

(B) one or more of the cotenants acquired title from a relative, whether living or deceased; and

(C) any of the following applies: (i) 20 percent or more of the interests are held by cotenants who are relatives; (ii) 20 percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or (iii) 20 percent or more of the cotenants are relatives.

(i) 20 percent or more of the interests are held by cotenants who are relatives;

(ii) 20 percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or

(iii) 20 percent or more of the cotenants are relatives.

(6) "Partition by sale" means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under § 18-60-1010 .

(7) "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels.

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

(9) "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by marriage or law of this state other than this subchapter.

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 18-15-201 — AR Code / Title 18 / Chapter 15 / Subchapter 2 / Section 18-15-201
Power to condemn for parks, boulevards, and public buildings - Improvement districts
Status: in_force

(a) (1) The right of eminent domain is granted to municipal corporations and to counties to condemn property for the purpose of parks, boulevards, and public buildings. (2) In case of municipal corporations, the parks and boulevards may be situated at a distance of not exceeding five (5) miles from the corporate limits and shall remain under the jurisdiction of the municipal corporation. (b) (1) Improvement districts may be organized under § 14-88-201 et seq. to aid the municipal corporations to acquire the parks and boulevards. (2) (A) The improvement districts may embrace the whole or any part of the territory of such municipal corporations. (B) The improvement districts may embrace territory benefited outside of the municipal corporations if a majority in value of the owners of real property in the adjacent territory and a majority in value of the owners of real property in that portion of the district within the municipal corporation shall file with the city or town council a petition thereof in the manner provided by Acts 1889, No. 18, § 2 [repealed]. (c) The proceedings for the condemnation shall be in accordance with §§ 18-15-301 - 18-15-307 . Acts 1913, No. 85, § 1; C. & M. Dig., § 4008; Pope's Dig., § 5010; A.S.A. 1947, § 35-901.

(a) (1) The right of eminent domain is granted to municipal corporations and to counties to condemn property for the purpose of parks, boulevards, and public buildings. (2) In case of municipal corporations, the parks and boulevards may be situated at a distance of not exceeding five (5) miles from the corporate limits and shall remain under the jurisdiction of the municipal corporation.

(1) The right of eminent domain is granted to municipal corporations and to counties to condemn property for the purpose of parks, boulevards, and public buildings.

(2) In case of municipal corporations, the parks and boulevards may be situated at a distance of not exceeding five (5) miles from the corporate limits and shall remain under the jurisdiction of the municipal corporation.

(b) (1) Improvement districts may be organized under § 14-88-201 et seq. to aid the municipal corporations to acquire the parks and boulevards. (2) (A) The improvement districts may embrace the whole or any part of the territory of such municipal corporations. (B) The improvement districts may embrace territory benefited outside of the municipal corporations if a majority in value of the owners of real property in the adjacent territory and a majority in value of the owners of real property in that portion of the district within the municipal corporation shall file with the city or town council a petition thereof in the manner provided by Acts 1889, No. 18, § 2 [repealed].

(1) Improvement districts may be organized under § 14-88-201 et seq. to aid the municipal corporations to acquire the parks and boulevards.

(2) (A) The improvement districts may embrace the whole or any part of the territory of such municipal corporations. (B) The improvement districts may embrace territory benefited outside of the municipal corporations if a majority in value of the owners of real property in the adjacent territory and a majority in value of the owners of real property in that portion of the district within the municipal corporation shall file with the city or town council a petition thereof in the manner provided by Acts 1889, No. 18, § 2 [repealed].

(A) The improvement districts may embrace the whole or any part of the territory of such municipal corporations.

(B) The improvement districts may embrace territory benefited outside of the municipal corporations if a majority in value of the owners of real property in the adjacent territory and a majority in value of the owners of real property in that portion of the district within the municipal corporation shall file with the city or town council a petition thereof in the manner provided by Acts 1889, No. 18, § 2 [repealed].

(c) The proceedings for the condemnation shall be in accordance with §§ 18-15-301 - 18-15-307 .

Acts 1913, No. 85, § 1; C. & M. Dig., § 4008; Pope's Dig., § 5010; A.S.A. 1947, § 35-901.
Ark. Code Ann. § 18-50-116 — AR Code / Title 18 / Chapter 50 / Section 18-50-116
Miscellaneous provisions
Status: in_force

(a) The procedures in this chapter for the foreclosure of a mortgage or deed of trust shall not impair or otherwise affect the right to bring a judicial action to foreclose a mortgage or deed of trust. (b) A notice of default and intention to sell shall be filed within the time the foreclosure of the mortgage or deed of trust by judicial action could have commenced. (c) (1) The procedures in this chapter shall apply only if the mortgagee or beneficiary is a mortgage company as defined in § 18-50-101 or is a bank or savings and loan. (2) This chapter shall not apply to a mortgage or a deed of trust encumbering trust property used primarily for agricultural purposes. (d) Nothing in this chapter shall be construed to: (1) Create an implied right of redemption in favor of any person; or (2) (A) Impair the right of any person or entity to assert his or her legal and equitable rights in a court of competent jurisdiction. (B) However, a claim or defense shall be asserted prior to the sale or the claim or defense is forever barred and terminated, except the mortgagor may assert the following against either the mortgagee or trustee: (i) Fraud by any party; or (ii) Failure to strictly comply with the provisions of this chapter. (C) Any of the above claims or defenses may not be asserted against a subsequent purchaser for value of the property. (D) Any claims or defenses for a violation of subdivision (d)(2)(B)(ii) of this section shall be asserted within thirty (30) days of the foreclosure sale to ensure the finality of sales that substantially comply with this chapter. (e) (1) At any time prior to the delivery of the trustee's or mortgagee's deed, the trustee or mortgagee may set aside a sale conducted pursuant to this chapter by declaring the sale null and void and returning the purchase price to the highest bidder without any further liability to the bidder. (2) In this event, the trustee or mortgagee shall file an affidavit declaring the sale null and void with the recorder of the county in which the trust property is located, and all terms and provisions of the mortgage or deed of trust shall be revived and reinstated as if no sale had occurred. Amended by Act 2021, No. 1108,§ 2, eff. retroactively to March 31, 2011. Acts 1987, No. 53, § 16; 1989, No. 532, § 4; 1999, No. 983, §§ 11, 12; 2007, No. 721, § 1; 2009, No. 482, § 12.

(a) The procedures in this chapter for the foreclosure of a mortgage or deed of trust shall not impair or otherwise affect the right to bring a judicial action to foreclose a mortgage or deed of trust.

(b) A notice of default and intention to sell shall be filed within the time the foreclosure of the mortgage or deed of trust by judicial action could have commenced.

(c) (1) The procedures in this chapter shall apply only if the mortgagee or beneficiary is a mortgage company as defined in § 18-50-101 or is a bank or savings and loan. (2) This chapter shall not apply to a mortgage or a deed of trust encumbering trust property used primarily for agricultural purposes.

(1) The procedures in this chapter shall apply only if the mortgagee or beneficiary is a mortgage company as defined in § 18-50-101 or is a bank or savings and loan.

(2) This chapter shall not apply to a mortgage or a deed of trust encumbering trust property used primarily for agricultural purposes.

(d) Nothing in this chapter shall be construed to: (1) Create an implied right of redemption in favor of any person; or (2) (A) Impair the right of any person or entity to assert his or her legal and equitable rights in a court of competent jurisdiction. (B) However, a claim or defense shall be asserted prior to the sale or the claim or defense is forever barred and terminated, except the mortgagor may assert the following against either the mortgagee or trustee: (i) Fraud by any party; or (ii) Failure to strictly comply with the provisions of this chapter. (C) Any of the above claims or defenses may not be asserted against a subsequent purchaser for value of the property. (D) Any claims or defenses for a violation of subdivision (d)(2)(B)(ii) of this section shall be asserted within thirty (30) days of the foreclosure sale to ensure the finality of sales that substantially comply with this chapter.

(1) Create an implied right of redemption in favor of any person; or

(2) (A) Impair the right of any person or entity to assert his or her legal and equitable rights in a court of competent jurisdiction. (B) However, a claim or defense shall be asserted prior to the sale or the claim or defense is forever barred and terminated, except the mortgagor may assert the following against either the mortgagee or trustee: (i) Fraud by any party; or (ii) Failure to strictly comply with the provisions of this chapter. (C) Any of the above claims or defenses may not be asserted against a subsequent purchaser for value of the property. (D) Any claims or defenses for a violation of subdivision (d)(2)(B)(ii) of this section shall be asserted within thirty (30) days of the foreclosure sale to ensure the finality of sales that substantially comply with this chapter.

(A) Impair the right of any person or entity to assert his or her legal and equitable rights in a court of competent jurisdiction.

(B) However, a claim or defense shall be asserted prior to the sale or the claim or defense is forever barred and terminated, except the mortgagor may assert the following against either the mortgagee or trustee: (i) Fraud by any party; or (ii) Failure to strictly comply with the provisions of this chapter.

(i) Fraud by any party; or

(ii) Failure to strictly comply with the provisions of this chapter.

(C) Any of the above claims or defenses may not be asserted against a subsequent purchaser for value of the property.

(D) Any claims or defenses for a violation of subdivision (d)(2)(B)(ii) of this section shall be asserted within thirty (30) days of the foreclosure sale to ensure the finality of sales that substantially comply with this chapter.

(e) (1) At any time prior to the delivery of the trustee's or mortgagee's deed, the trustee or mortgagee may set aside a sale conducted pursuant to this chapter by declaring the sale null and void and returning the purchase price to the highest bidder without any further liability to the bidder. (2) In this event, the trustee or mortgagee shall file an affidavit declaring the sale null and void with the recorder of the county in which the trust property is located, and all terms and provisions of the mortgage or deed of trust shall be revived and reinstated as if no sale had occurred.

(1) At any time prior to the delivery of the trustee's or mortgagee's deed, the trustee or mortgagee may set aside a sale conducted pursuant to this chapter by declaring the sale null and void and returning the purchase price to the highest bidder without any further liability to the bidder.

(2) In this event, the trustee or mortgagee shall file an affidavit declaring the sale null and void with the recorder of the county in which the trust property is located, and all terms and provisions of the mortgage or deed of trust shall be revived and reinstated as if no sale had occurred.

Amended by Act 2021, No. 1108,§ 2, eff. retroactively to March 31, 2011.

Acts 1987, No. 53, § 16; 1989, No. 532, § 4; 1999, No. 983, §§ 11, 12; 2007, No. 721, § 1; 2009, No. 482, § 12.