Ark. Code Ann. § 18-14-502 — AR Code / Title 18 / Chapter 14 / Subchapter 5 / Section 18-14-502
False advertising declared unlawful
Status: in_force

(a) It is unlawful for a person with intent, directly or indirectly, to offer for sale or sell time-shares in this state or to authorize, use, direct, or aid in the publication, distribution, or circulation of an advertisement, radio broadcast, telecast, or other electronic media concerning the time-share plan in which the time-share properties are offered that contains a statement, pictorial representation, or sketch that is false or misleading. (b) This section does not hold the publisher or employee of a newspaper, a job printer, a broadcaster or telecaster, or a magazine publisher, or an employee thereof, liable for the publication referred to in this section unless the publisher, employee, or printer has actual knowledge of its falsity or has an interest as an owner or agent in the time-share plan advertised. Amended by Act 2013, No. 710,§ 5, eff. 8/16/2013. Acts 1983, No. 294, Art. 6, § 6-101; A.S.A. 1947, § 50-1334.

(a) It is unlawful for a person with intent, directly or indirectly, to offer for sale or sell time-shares in this state or to authorize, use, direct, or aid in the publication, distribution, or circulation of an advertisement, radio broadcast, telecast, or other electronic media concerning the time-share plan in which the time-share properties are offered that contains a statement, pictorial representation, or sketch that is false or misleading.

(b) This section does not hold the publisher or employee of a newspaper, a job printer, a broadcaster or telecaster, or a magazine publisher, or an employee thereof, liable for the publication referred to in this section unless the publisher, employee, or printer has actual knowledge of its falsity or has an interest as an owner or agent in the time-share plan advertised.

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

Acts 1983, No. 294, Art. 6, § 6-101; A.S.A. 1947, § 50-1334.
Ark. Code Ann. § 18-48-211 — AR Code / Title 18 / Chapter 48 / Subchapter 2 / Section 18-48-211
Notice required prior to public sale - Affidavit - Waiver of notices
Status: in_force

(a) Before any livestock shall be sold at public sale, without court action, if the names and addresses of the owners and if the name and address of the conditional sales vendor, mortgagor, or other prior lienholder are known, at least twenty (20) days' notice of the sale shall be given them in writing, either by the sheriff serving the notice upon the owner and the lienholder or by registered or certified mail, return receipt requested. (b) In addition, a notice of the time and place of sale, containing a general description of the livestock, shall be published at least one (1) time a week for a period of two (2) weeks consecutively, in a newspaper of general circulation, if there is one published in the county where the livestock is kept and where the sale shall take place. If no newspaper is published in that county, five (5) handbills containing the same information shall be posted in at least five (5) public places in the township, the town, or the city where the sale shall take place. (c) It shall be the duty of the person claiming the lien under this subchapter to cause the notices to be served, mailed, and published. (d) Copies of the notice required by this section and proof of the publication or the posting of it, and an affidavit of the person causing the livestock to be sold to enforce his or her lien shall be filed and kept in the circuit clerk's office of the county where the sale takes place. Copies of it shall be received in evidence in all courts, if certified by the clerk. (e) Owners or lienholders may waive any and all notices required under this section, if the waivers are in writing. These written waivers shall be effective only from the time they are filed in the clerk's office. Acts 1957, No. 311, §§ 6, 8, 12; A.S.A. 1947, §§ 51-922, 51-924, 51-928.

(a) Before any livestock shall be sold at public sale, without court action, if the names and addresses of the owners and if the name and address of the conditional sales vendor, mortgagor, or other prior lienholder are known, at least twenty (20) days' notice of the sale shall be given them in writing, either by the sheriff serving the notice upon the owner and the lienholder or by registered or certified mail, return receipt requested.

(b) In addition, a notice of the time and place of sale, containing a general description of the livestock, shall be published at least one (1) time a week for a period of two (2) weeks consecutively, in a newspaper of general circulation, if there is one published in the county where the livestock is kept and where the sale shall take place. If no newspaper is published in that county, five (5) handbills containing the same information shall be posted in at least five (5) public places in the township, the town, or the city where the sale shall take place.

(c) It shall be the duty of the person claiming the lien under this subchapter to cause the notices to be served, mailed, and published.

(d) Copies of the notice required by this section and proof of the publication or the posting of it, and an affidavit of the person causing the livestock to be sold to enforce his or her lien shall be filed and kept in the circuit clerk's office of the county where the sale takes place. Copies of it shall be received in evidence in all courts, if certified by the clerk.

(e) Owners or lienholders may waive any and all notices required under this section, if the waivers are in writing. These written waivers shall be effective only from the time they are filed in the clerk's office.

Acts 1957, No. 311, §§ 6, 8, 12; A.S.A. 1947, §§ 51-922, 51-924, 51-928.
Ark. Code Ann. § 18-11-602 — AR Code / Title 18 / Chapter 11 / Subchapter 6 / Section 18-11-602
Definitions
Status: in_force

As used in this subchapter: (1) "Land" means real property, roads, water, watercourses, private ways, and buildings, structures, and machinery or equipment when attached to the real property; (2) "Municipal water supply purpose" includes, but is not imited to, any of the following, separately or in any combination: (A) Construction or maintenance of a water intake structure; (B) Maintenance of a water intake source; (C) Research concerning a water intake source or structure; and (D) Other activity associated with a water intake source or structure; and (3) "Owner" means the possessor of a fee interest or a tenant, lessee, occupant, or person in control of the land. Acts 2005, No. 1977, § 1.

As used in this subchapter:

(1) "Land" means real property, roads, water, watercourses, private ways, and buildings, structures, and machinery or equipment when attached to the real property;

(2) "Municipal water supply purpose" includes, but is not imited to, any of the following, separately or in any combination: (A) Construction or maintenance of a water intake structure; (B) Maintenance of a water intake source; (C) Research concerning a water intake source or structure; and (D) Other activity associated with a water intake source or structure; and

(A) Construction or maintenance of a water intake structure;

(B) Maintenance of a water intake source;

(C) Research concerning a water intake source or structure; and

(D) Other activity associated with a water intake source or structure; and

(3) "Owner" means the possessor of a fee interest or a tenant, lessee, occupant, or person in control of the land.

Acts 2005, No. 1977, § 1.
Ark. Code Ann. § 18-11-706 — AR Code / Title 18 / Chapter 11 / Subchapter 7 / Section 18-11-706
Required findings - Order
Status: in_force

(a) The court may not approve relocation of an easement under this subchapter unless the servient estate owner: (1) establishes that the easement is eligible for relocation under § 18-11-703 ; and (2) satisfies the conditions for relocation under § 18-11-704 . (b) An order under this subchapter approving relocation of an easement must: (1) state that the order is issued in accordance with this subchapter; (2) recite the recording data of the instrument creating the easement, if any, and any amendments; (3) identify the immediately preceding location of the easement; (4) describe in a legally sufficient manner the new location of the easement; (5) describe mitigation required of the servient estate owner during relocation; (6) refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; (7) specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; (8) include a provision for payment by the servient estate owner of expenses under § 18-11-707 ; (9) include a provision for compliance by the parties with the obligation of good faith under § 18-11-708 ; and (10) instruct the servient estate owner to record an affidavit, if required under § 18-11-709(a) , when the servient estate owner substantially completes relocation. (c) An order under subsection (b) may include any other provision consistent with this subchapter for the fair and equitable relocation of the easement. (d) Before a servient estate owner proceeds with relocation of an easement under this subchapter, the owner must record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under subsection (b). Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.

(a) The court may not approve relocation of an easement under this subchapter unless the servient estate owner: (1) establishes that the easement is eligible for relocation under § 18-11-703 ; and (2) satisfies the conditions for relocation under § 18-11-704 .

(1) establishes that the easement is eligible for relocation under § 18-11-703 ; and

(2) satisfies the conditions for relocation under § 18-11-704 .

(b) An order under this subchapter approving relocation of an easement must: (1) state that the order is issued in accordance with this subchapter; (2) recite the recording data of the instrument creating the easement, if any, and any amendments; (3) identify the immediately preceding location of the easement; (4) describe in a legally sufficient manner the new location of the easement; (5) describe mitigation required of the servient estate owner during relocation; (6) refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; (7) specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; (8) include a provision for payment by the servient estate owner of expenses under § 18-11-707 ; (9) include a provision for compliance by the parties with the obligation of good faith under § 18-11-708 ; and (10) instruct the servient estate owner to record an affidavit, if required under § 18-11-709(a) , when the servient estate owner substantially completes relocation.

(1) state that the order is issued in accordance with this subchapter;

(2) recite the recording data of the instrument creating the easement, if any, and any amendments;

(3) identify the immediately preceding location of the easement;

(4) describe in a legally sufficient manner the new location of the easement;

(5) describe mitigation required of the servient estate owner during relocation;

(6) refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;

(7) specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;

(8) include a provision for payment by the servient estate owner of expenses under § 18-11-707 ;

(9) include a provision for compliance by the parties with the obligation of good faith under § 18-11-708 ; and

(10) instruct the servient estate owner to record an affidavit, if required under § 18-11-709(a) , when the servient estate owner substantially completes relocation.

(c) An order under subsection (b) may include any other provision consistent with this subchapter for the fair and equitable relocation of the easement.

(d) Before a servient estate owner proceeds with relocation of an easement under this subchapter, the owner must record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under subsection (b).

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 18-17-911 — AR Code / Title 18 / Chapter 17 / Subchapter 9 / Section 18-17-911
Accrual of rent after institution of proceedings
Status: in_force

(a) (1) After the commencement of eviction proceedings by the issuance of an order to vacate or to show cause as provided in § 18-17-902 , the rent for the use and occupancy of the premises involved shall continue to accrue so long as the tenant remains in possession of the premises at the rate as prevailed immediately before the issuance of the order to vacate or show cause. (2) The tenant shall be liable for the payment of the rent, the collection of which may be enforced as provided with respect to other rents. (b) The acceptance by the landlord of any rent, whether it shall have accrued at the time of the issuance of the order to vacate or to show cause or shall subsequently accrue, shall not operate as a waiver of the landlord's right to insist upon eviction or as a renewal or extension of the tenancy, but the rights of the parties as they existed at the time of the issuance of the order to vacate or to show cause shall control. Acts 2007, No. 1004, § 1; 2009, No. 311, § 10; 2009, No. 482, § 10.

(a) (1) After the commencement of eviction proceedings by the issuance of an order to vacate or to show cause as provided in § 18-17-902 , the rent for the use and occupancy of the premises involved shall continue to accrue so long as the tenant remains in possession of the premises at the rate as prevailed immediately before the issuance of the order to vacate or show cause. (2) The tenant shall be liable for the payment of the rent, the collection of which may be enforced as provided with respect to other rents.

(1) After the commencement of eviction proceedings by the issuance of an order to vacate or to show cause as provided in § 18-17-902 , the rent for the use and occupancy of the premises involved shall continue to accrue so long as the tenant remains in possession of the premises at the rate as prevailed immediately before the issuance of the order to vacate or show cause.

(2) The tenant shall be liable for the payment of the rent, the collection of which may be enforced as provided with respect to other rents.

(b) The acceptance by the landlord of any rent, whether it shall have accrued at the time of the issuance of the order to vacate or to show cause or shall subsequently accrue, shall not operate as a waiver of the landlord's right to insist upon eviction or as a renewal or extension of the tenancy, but the rights of the parties as they existed at the time of the issuance of the order to vacate or to show cause shall control.

Acts 2007, No. 1004, § 1; 2009, No. 311, § 10; 2009, No. 482, § 10.
Ark. Code Ann. § 18-15-309 — AR Code / Title 18 / Chapter 15 / Subchapter 3 / Section 18-15-309
Flood control improvements
Status: in_force

(a) In addition to the purposes for which municipalities are now authorized to exercise the power of eminent domain, cities of the first class and cities of the second class are authorized to exercise such power for the purpose of acquiring real property or interests in real property necessary for the construction, operation, repair, or maintenance of flood control improvements including, but not limited to, dams, levees, reservoirs, spillways, floodways, and other related improvements. (b) Cities of the first class and cities of the second class shall exercise the power of eminent domain for the purposes prescribed in subsection (a) of this section in accordance with the procedures and methods prescribed in §§ 18-15-303 - 18-15-307 or in accordance with the procedures and methods prescribed in § 18-15-401 et seq. Acts 1988 (4th Ex. Sess.), No. 22, §§ 1, 2.

(a) In addition to the purposes for which municipalities are now authorized to exercise the power of eminent domain, cities of the first class and cities of the second class are authorized to exercise such power for the purpose of acquiring real property or interests in real property necessary for the construction, operation, repair, or maintenance of flood control improvements including, but not limited to, dams, levees, reservoirs, spillways, floodways, and other related improvements.

(b) Cities of the first class and cities of the second class shall exercise the power of eminent domain for the purposes prescribed in subsection (a) of this section in accordance with the procedures and methods prescribed in §§ 18-15-303 - 18-15-307 or in accordance with the procedures and methods prescribed in § 18-15-401 et seq.

Acts 1988 (4th Ex. Sess.), No. 22, §§ 1, 2.
Ark. Code Ann. § 18-48-203 — AR Code / Title 18 / Chapter 48 / Subchapter 2 / Section 18-48-203
Filing of written contracts for tending of livestock
Status: in_force

(a) (1) All written contracts or copies of them, duly certified by a notary public as true and correct, shall be filed in the office of the circuit clerk of the county where the owners, or either of them, reside, if they reside in Arkansas, and also in the office of the circuit clerk of the county where the livestock is being fed, herded, pastured, kept, or ranched. (2) If none of the owners reside in Arkansas, the written contract of owners, or copy of it as previously described, shall be filed in the office of the circuit clerk or, if there is no circuit clerk, in the office of the registrar of deeds in the county where the owners, or either of them, reside. (b) The fee to the clerk for filing shall be fifty cents (50¢). (c) The clerk shall list the liens in a separate book kept for "Agistor Liens". It is not necessary for the clerk to record these contracts, but the clerk will retain them in his or her office. (d) The lien shall be effective only when these provisions have been complied with and from the date when the last contract is filed. Acts 1957, No. 311, § 2; A.S.A. 1947, § 51-918.

(a) (1) All written contracts or copies of them, duly certified by a notary public as true and correct, shall be filed in the office of the circuit clerk of the county where the owners, or either of them, reside, if they reside in Arkansas, and also in the office of the circuit clerk of the county where the livestock is being fed, herded, pastured, kept, or ranched. (2) If none of the owners reside in Arkansas, the written contract of owners, or copy of it as previously described, shall be filed in the office of the circuit clerk or, if there is no circuit clerk, in the office of the registrar of deeds in the county where the owners, or either of them, reside.

(1) All written contracts or copies of them, duly certified by a notary public as true and correct, shall be filed in the office of the circuit clerk of the county where the owners, or either of them, reside, if they reside in Arkansas, and also in the office of the circuit clerk of the county where the livestock is being fed, herded, pastured, kept, or ranched.

(2) If none of the owners reside in Arkansas, the written contract of owners, or copy of it as previously described, shall be filed in the office of the circuit clerk or, if there is no circuit clerk, in the office of the registrar of deeds in the county where the owners, or either of them, reside.

(b) The fee to the clerk for filing shall be fifty cents (50¢).

(c) The clerk shall list the liens in a separate book kept for "Agistor Liens". It is not necessary for the clerk to record these contracts, but the clerk will retain them in his or her office.

(d) The lien shall be effective only when these provisions have been complied with and from the date when the last contract is filed.

Acts 1957, No. 311, § 2; A.S.A. 1947, § 51-918.
Ark. Code Ann. § 18-50-109 — AR Code / Title 18 / Chapter 50 / Section 18-50-109
Disposition of proceeds of sale
Status: in_force

The trustee or mortgagee shall apply the proceeds of the sale as follows: (1) To the expenses of the sale, including compensation of the trustee or mortgagee and a reasonable fee by the attorney; (2) To the indebtedness owed; (3) To all persons having recorded liens subsequent to the interest of the trustee or mortgagee as their interests may appear in the order of the priority; and (4) The surplus, if any, to the grantor of the trust deed or to the successor in interest of the grantor entitled to the surplus. Acts 1987, No. 53, § 9.

The trustee or mortgagee shall apply the proceeds of the sale as follows:

(1) To the expenses of the sale, including compensation of the trustee or mortgagee and a reasonable fee by the attorney;

(2) To the indebtedness owed;

(3) To all persons having recorded liens subsequent to the interest of the trustee or mortgagee as their interests may appear in the order of the priority; and

(4) The surplus, if any, to the grantor of the trust deed or to the successor in interest of the grantor entitled to the surplus.

Acts 1987, No. 53, § 9.
Ark. Code Ann. § 18-11-307 — AR Code / Title 18 / Chapter 11 / Subchapter 3 / Section 18-11-307
Exceptions to owner's immunity
Status: in_force

Nothing in this subchapter limits in any way liability which otherwise exists: (1) For malicious, but not mere negligent, failure to guard or warn against an ultra-hazardous condition, structure, personal property, use, or activity actually known to the owner to be dangerous; and (2) For injury suffered in any case in which the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that, in the case of land leased to the state, a subdivision thereof, or to a third person, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this section. Acts 1965, No. 51, § 6; 1983, No. 168, § 4; A.S.A. 1947, § 50-1106.

Nothing in this subchapter limits in any way liability which otherwise exists:

(1) For malicious, but not mere negligent, failure to guard or warn against an ultra-hazardous condition, structure, personal property, use, or activity actually known to the owner to be dangerous; and

(2) For injury suffered in any case in which the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that, in the case of land leased to the state, a subdivision thereof, or to a third person, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this section.

Acts 1965, No. 51, § 6; 1983, No. 168, § 4; A.S.A. 1947, § 50-1106.
Ark. Code Ann. § 18-11-403 — AR Code / Title 18 / Chapter 11 / Subchapter 4 / Section 18-11-403
Unlawful entry upon land - Penalty
Status: in_force

(a) (1) No person shall enter for recreational purposes upon real property posted pursuant to this subchapter without written permission of the owner or lessee of the real property. (2) It shall be unlawful for any person to enter upon any real property posted under the provisions of this subchapter without the written consent of the owner or lessee of the real property. (3) (A) If land posted pursuant to this subchapter becomes flooded above the ordinary high watermark but the signs or paint marks are still visible, it is unlawful for any person to enter within the boundaries of the posted area without the written consent of the owner or lessee of the real property. (B) For purposes of subdivision (a)(3)(A) of this section, "ordinary high watermark" means the line delimiting the bed of a stream from its bank, i.e., that line at which the presence of water is continued for such length of time as to mark upon the soil and vegetation a distinct character. (4) However, it shall be an affirmative defense to prosecution under this subchapter that: (A) Consent was given by a person holding himself or herself out to be the owner, lessee, or agent of the owner or lessee of the property; (B) The person was a guest or invitee; (C) The person was required to enter upon the premises for business reasons or for health or safety reasons; or (D) The person was authorized by law to enter upon land. (b) This section shall not apply to a law enforcement officer in the line of duty. (c) Any person who knowingly enters the real property without written consent shall be guilty of a Class B misdemeanor. Acts 1989, No. 35, §§ 2, 6; 1997, No. 806, § 1; 1999, No. 1029, § 8.

(a) (1) No person shall enter for recreational purposes upon real property posted pursuant to this subchapter without written permission of the owner or lessee of the real property. (2) It shall be unlawful for any person to enter upon any real property posted under the provisions of this subchapter without the written consent of the owner or lessee of the real property. (3) (A) If land posted pursuant to this subchapter becomes flooded above the ordinary high watermark but the signs or paint marks are still visible, it is unlawful for any person to enter within the boundaries of the posted area without the written consent of the owner or lessee of the real property. (B) For purposes of subdivision (a)(3)(A) of this section, "ordinary high watermark" means the line delimiting the bed of a stream from its bank, i.e., that line at which the presence of water is continued for such length of time as to mark upon the soil and vegetation a distinct character. (4) However, it shall be an affirmative defense to prosecution under this subchapter that: (A) Consent was given by a person holding himself or herself out to be the owner, lessee, or agent of the owner or lessee of the property; (B) The person was a guest or invitee; (C) The person was required to enter upon the premises for business reasons or for health or safety reasons; or (D) The person was authorized by law to enter upon land.

(1) No person shall enter for recreational purposes upon real property posted pursuant to this subchapter without written permission of the owner or lessee of the real property.

(2) It shall be unlawful for any person to enter upon any real property posted under the provisions of this subchapter without the written consent of the owner or lessee of the real property.

(3) (A) If land posted pursuant to this subchapter becomes flooded above the ordinary high watermark but the signs or paint marks are still visible, it is unlawful for any person to enter within the boundaries of the posted area without the written consent of the owner or lessee of the real property. (B) For purposes of subdivision (a)(3)(A) of this section, "ordinary high watermark" means the line delimiting the bed of a stream from its bank, i.e., that line at which the presence of water is continued for such length of time as to mark upon the soil and vegetation a distinct character.

(A) If land posted pursuant to this subchapter becomes flooded above the ordinary high watermark but the signs or paint marks are still visible, it is unlawful for any person to enter within the boundaries of the posted area without the written consent of the owner or lessee of the real property.

(B) For purposes of subdivision (a)(3)(A) of this section, "ordinary high watermark" means the line delimiting the bed of a stream from its bank, i.e., that line at which the presence of water is continued for such length of time as to mark upon the soil and vegetation a distinct character.

(4) However, it shall be an affirmative defense to prosecution under this subchapter that: (A) Consent was given by a person holding himself or herself out to be the owner, lessee, or agent of the owner or lessee of the property; (B) The person was a guest or invitee; (C) The person was required to enter upon the premises for business reasons or for health or safety reasons; or (D) The person was authorized by law to enter upon land.

(A) Consent was given by a person holding himself or herself out to be the owner, lessee, or agent of the owner or lessee of the property;

(B) The person was a guest or invitee;

(C) The person was required to enter upon the premises for business reasons or for health or safety reasons; or

(D) The person was authorized by law to enter upon land.

(b) This section shall not apply to a law enforcement officer in the line of duty.

(c) Any person who knowingly enters the real property without written consent shall be guilty of a Class B misdemeanor.

Acts 1989, No. 35, §§ 2, 6; 1997, No. 806, § 1; 1999, No. 1029, § 8.
Ark. Code Ann. § 18-12-106 — AR Code / Title 18 / Chapter 12 / Subchapter 1 / Section 18-12-106
Joint tenants with right of survivorship
Status: in_force

(a) Interests in real property may be conveyed to two (2) or more persons, regardless of their relationship to each other, as joint tenants with right of survivorship. (b) Any person who owns an interest in real property may convey that interest or any portion thereof to himself or herself and one (1) or more other persons, regardless of their relationship to each other, as joint tenants with right of survivorship. (c) Furthermore, all conveyances of real property made prior to July 15, 1991, and which clearly intended that the interests were conveyed as joint tenancy with right of survivorship even though the grantees were not husband and wife shall be deemed to have created joint tenancies with right of survivorship. Acts 1991, No. 56, § 1.

(a) Interests in real property may be conveyed to two (2) or more persons, regardless of their relationship to each other, as joint tenants with right of survivorship.

(b) Any person who owns an interest in real property may convey that interest or any portion thereof to himself or herself and one (1) or more other persons, regardless of their relationship to each other, as joint tenants with right of survivorship.

(c) Furthermore, all conveyances of real property made prior to July 15, 1991, and which clearly intended that the interests were conveyed as joint tenancy with right of survivorship even though the grantees were not husband and wife shall be deemed to have created joint tenancies with right of survivorship.

Acts 1991, No. 56, § 1.
Ark. Code Ann. § 18-15-512 — AR Code / Title 18 / Chapter 15 / Subchapter 5 / Section 18-15-512
Definition of "electric utility"
Status: in_force

(a) (1) As used in this subchapter, "electric utility" means a public utility, as defined in § 23-1-101 , that owns or operates for compensation in this state equipment or facilities for producing, generating, transmitting, distributing, selling, or furnishing electricity or another agent for the production of light or electric power to or for the public in this state. (2) "Electric utility" does not include: (A) An exempt wholesale generator as defined in § 23-1-101 ; (B) Any person not otherwise an electric utility or a business unit of an electric utility that: (i) Is a power broker who acts as an agent or intermediary on behalf of another person for the purpose of facilitating the sale or purchase of electricity; (ii) Is a power marketer who acquires, purchases, or generates electric energy on its own behalf with the intent of reselling the electric energy to another person at wholesale; (iii) Is a qualifying facility that is a cogeneration or small power production facility entitled to the rights and privileges of a qualifying facility under the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. § 2601 et seq.; or (iv) Is a municipal corporation owning a municipal electric utility; or (C) An independent transmission system operator, independent transmission company, independent regional transmission group, or other independent transmission entity operating transmission facilities in this state as an independent transmission company, an independent regional transmission group, or other independent transmission entity that is not a public utility, as defined in § 23-1-101 . (b) As used in this section, "person" means an individual or entity, including without limitation a partnership, corporation, cooperative association, trust, business trust, limited liability company, or governmental entity. Amended by Act 2013, No. 1130,§ 9, eff. 8/16/2013. Acts 1935, No. 324, § 1; Pope's Dig., § 2064; Acts 1967, No. 234, § 4; 1973, No. 125, § 1; 1985, No. 455, § 1; 1985, No. 1084, § 1; A.S.A. 1947, § 73-201; Acts 1987 (1st Ex. Sess.), No. 37, §§ 1, 2; 1988 (4th Ex. Sess.), No. 21, § 1; 1989, No. 53, § 1; 1989, No. 952, § 1; 1991, No. 854, § 1; 1991, No. 1037, § 1; 1997, No. 305, § 1; 1999, No. 1322, § 1.

(a) (1) As used in this subchapter, "electric utility" means a public utility, as defined in § 23-1-101 , that owns or operates for compensation in this state equipment or facilities for producing, generating, transmitting, distributing, selling, or furnishing electricity or another agent for the production of light or electric power to or for the public in this state. (2) "Electric utility" does not include: (A) An exempt wholesale generator as defined in § 23-1-101 ; (B) Any person not otherwise an electric utility or a business unit of an electric utility that: (i) Is a power broker who acts as an agent or intermediary on behalf of another person for the purpose of facilitating the sale or purchase of electricity; (ii) Is a power marketer who acquires, purchases, or generates electric energy on its own behalf with the intent of reselling the electric energy to another person at wholesale; (iii) Is a qualifying facility that is a cogeneration or small power production facility entitled to the rights and privileges of a qualifying facility under the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. § 2601 et seq.; or (iv) Is a municipal corporation owning a municipal electric utility; or (C) An independent transmission system operator, independent transmission company, independent regional transmission group, or other independent transmission entity operating transmission facilities in this state as an independent transmission company, an independent regional transmission group, or other independent transmission entity that is not a public utility, as defined in § 23-1-101 .

(1) As used in this subchapter, "electric utility" means a public utility, as defined in § 23-1-101 , that owns or operates for compensation in this state equipment or facilities for producing, generating, transmitting, distributing, selling, or furnishing electricity or another agent for the production of light or electric power to or for the public in this state.

(2) "Electric utility" does not include: (A) An exempt wholesale generator as defined in § 23-1-101 ; (B) Any person not otherwise an electric utility or a business unit of an electric utility that: (i) Is a power broker who acts as an agent or intermediary on behalf of another person for the purpose of facilitating the sale or purchase of electricity; (ii) Is a power marketer who acquires, purchases, or generates electric energy on its own behalf with the intent of reselling the electric energy to another person at wholesale; (iii) Is a qualifying facility that is a cogeneration or small power production facility entitled to the rights and privileges of a qualifying facility under the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. § 2601 et seq.; or (iv) Is a municipal corporation owning a municipal electric utility; or (C) An independent transmission system operator, independent transmission company, independent regional transmission group, or other independent transmission entity operating transmission facilities in this state as an independent transmission company, an independent regional transmission group, or other independent transmission entity that is not a public utility, as defined in § 23-1-101 .

(A) An exempt wholesale generator as defined in § 23-1-101 ;

(B) Any person not otherwise an electric utility or a business unit of an electric utility that: (i) Is a power broker who acts as an agent or intermediary on behalf of another person for the purpose of facilitating the sale or purchase of electricity; (ii) Is a power marketer who acquires, purchases, or generates electric energy on its own behalf with the intent of reselling the electric energy to another person at wholesale; (iii) Is a qualifying facility that is a cogeneration or small power production facility entitled to the rights and privileges of a qualifying facility under the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. § 2601 et seq.; or (iv) Is a municipal corporation owning a municipal electric utility; or

(i) Is a power broker who acts as an agent or intermediary on behalf of another person for the purpose of facilitating the sale or purchase of electricity;

(ii) Is a power marketer who acquires, purchases, or generates electric energy on its own behalf with the intent of reselling the electric energy to another person at wholesale;

(iii) Is a qualifying facility that is a cogeneration or small power production facility entitled to the rights and privileges of a qualifying facility under the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. § 2601 et seq.; or

(iv) Is a municipal corporation owning a municipal electric utility; or

(C) An independent transmission system operator, independent transmission company, independent regional transmission group, or other independent transmission entity operating transmission facilities in this state as an independent transmission company, an independent regional transmission group, or other independent transmission entity that is not a public utility, as defined in § 23-1-101 .

(b) As used in this section, "person" means an individual or entity, including without limitation a partnership, corporation, cooperative association, trust, business trust, limited liability company, or governmental entity.

Amended by Act 2013, No. 1130,§ 9, eff. 8/16/2013.

Acts 1935, No. 324, § 1; Pope's Dig., § 2064; Acts 1967, No. 234, § 4; 1973, No. 125, § 1; 1985, No. 455, § 1; 1985, No. 1084, § 1; A.S.A. 1947, § 73-201; Acts 1987 (1st Ex. Sess.), No. 37, §§ 1, 2; 1988 (4th Ex. Sess.), No. 21, § 1; 1989, No. 53, § 1; 1989, No. 952, § 1; 1991, No. 854, § 1; 1991, No. 1037, § 1; 1997, No. 305, § 1; 1999, No. 1322, § 1.
Ark. Code Ann. § 18-46-107 — AR Code / Title 18 / Chapter 46 / Section 18-46-107
Enforcement of perfected liens - Parties
Status: in_force

(a) (1) A practitioner, nurse, hospital, or ambulance service provider that has perfected a lien under the provisions of this chapter to secure the payment of a debt for service rendered may enforce that lien by any proper action against the patient, the tortfeasor, and the insurer, jointly or severally, in any court of competent jurisdiction. (2) However, no such action shall be begun after action on the debt itself is barred by the statute of limitations. (b) (1) The plaintiff in any such case shall make any and all persons having interests in the subject matter of the action, of whose interest he or she has knowledge, parties defendant. Any person having an interest in the subject matter of the action who is not made a party to it may, with the consent of the court, become a party in order to protect his or her interest. (2) Persons having an interest in the subject matter of the action include, within the meaning of this section, all persons authorized by this chapter to establish liens to secure their interests, those whose claims against the patients are not, as well as those whose claims against the patients are, due at the time of the commencement of the action. (c) Any two (2) or more persons having liens on the same claim or right of action of any patient may join in bringing action setting forth their respective rights in their pleading. (d) An action to which any practitioner, nurse, hospital, or ambulance service provider having a lien on the subject matter is a party shall not be dismissed without his or her consent. Acts 1933, No. 130, § 10; Pope's Dig., §§ 7998, 10827; A.S.A. 1947, § 51-810; Acts 1993, No. 271, § 6.

(a) (1) A practitioner, nurse, hospital, or ambulance service provider that has perfected a lien under the provisions of this chapter to secure the payment of a debt for service rendered may enforce that lien by any proper action against the patient, the tortfeasor, and the insurer, jointly or severally, in any court of competent jurisdiction. (2) However, no such action shall be begun after action on the debt itself is barred by the statute of limitations.

(1) A practitioner, nurse, hospital, or ambulance service provider that has perfected a lien under the provisions of this chapter to secure the payment of a debt for service rendered may enforce that lien by any proper action against the patient, the tortfeasor, and the insurer, jointly or severally, in any court of competent jurisdiction.

(2) However, no such action shall be begun after action on the debt itself is barred by the statute of limitations.

(b) (1) The plaintiff in any such case shall make any and all persons having interests in the subject matter of the action, of whose interest he or she has knowledge, parties defendant. Any person having an interest in the subject matter of the action who is not made a party to it may, with the consent of the court, become a party in order to protect his or her interest. (2) Persons having an interest in the subject matter of the action include, within the meaning of this section, all persons authorized by this chapter to establish liens to secure their interests, those whose claims against the patients are not, as well as those whose claims against the patients are, due at the time of the commencement of the action.

(1) The plaintiff in any such case shall make any and all persons having interests in the subject matter of the action, of whose interest he or she has knowledge, parties defendant. Any person having an interest in the subject matter of the action who is not made a party to it may, with the consent of the court, become a party in order to protect his or her interest.

(2) Persons having an interest in the subject matter of the action include, within the meaning of this section, all persons authorized by this chapter to establish liens to secure their interests, those whose claims against the patients are not, as well as those whose claims against the patients are, due at the time of the commencement of the action.

(c) Any two (2) or more persons having liens on the same claim or right of action of any patient may join in bringing action setting forth their respective rights in their pleading.

(d) An action to which any practitioner, nurse, hospital, or ambulance service provider having a lien on the subject matter is a party shall not be dismissed without his or her consent.

Acts 1933, No. 130, § 10; Pope's Dig., §§ 7998, 10827; A.S.A. 1947, § 51-810; Acts 1993, No. 271, § 6.
Ark. Code Ann. § 18-14-201 — AR Code / Title 18 / Chapter 14 / Subchapter 2 / Section 18-14-201
Powers and duties of the Arkansas Real Estate Commission
Status: in_force

(a) The Arkansas Real Estate Commission may: (1) Set fees; (2) Adopt, amend, and repeal rules; (3) Issue orders consistent with this chapter; (4) Prescribe forms and procedures for submitting information to the commission; (5) Accept grants-in-aid from any governmental source; (6) Contract with agencies charged with similar functions in this or other jurisdictions; (7) Cooperate with agencies performing similar functions in this and other jurisdictions to develop uniform filing procedures and forms, uniform disclosure standards, and uniform administrative practices; (8) Develop information that may be useful in the discharge of the duties of the commission; (9) Initiate private investigations within or without this state; (10) After notice and a hearing under this chapter and the Arkansas Administrative Procedure Act, § 25-15-201 et seq.: (A) Issue a notice of suspension; (B) Impose a civil penalty of no more than five thousand dollars ($5,000) per occurrence; and (C) Assess costs against the person if: (i) A representation in any document or information filed with the commission is false or misleading; (ii) A developer or agent of a developer has engaged or is engaging in any unlawful act or practice; (iii) A developer or agent of a developer has distributed, caused to be distributed, or is distributing, orally or in writing, false or misleading promotional materials concerning a time-share plan; (iv) A developer or agent of a developer has concealed, diverted, or disposed of any funds or assets of a person in a way that impairs rights of purchasers of time-share interests in the time-share plan; (v) A developer or agent of a developer has failed to perform a stipulation or agreement made to induce the commission to issue an order relating to that time-share plan; or (vi) A developer or agent of a developer has otherwise violated this chapter or the rules or orders of the commission; (11) Issue a cease and desist order if the developer has not registered the time-share plan under this chapter; and (12) After notice and hearing, issue an order revoking the registration of a time-share plan upon a determination that a developer or agent of a developer has failed to comply with a notice of suspension issued by the commission, which order affects the time-share plan. (b) In addition to the civil penalties under subdivision (a)(10) of this section, the commission may require the person found to have violated this chapter or the rules or orders of the commission to reimburse any compensation, fees, or other remuneration collected during the activity that resulted in the violation. Amended by Act 2013, No. 710,§ 2, eff. 8/16/2013. Acts 1983, No. 294, Art. 4, § 4-101; A.S.A. 1947, § 50-1325.

(a) The Arkansas Real Estate Commission may: (1) Set fees; (2) Adopt, amend, and repeal rules; (3) Issue orders consistent with this chapter; (4) Prescribe forms and procedures for submitting information to the commission; (5) Accept grants-in-aid from any governmental source; (6) Contract with agencies charged with similar functions in this or other jurisdictions; (7) Cooperate with agencies performing similar functions in this and other jurisdictions to develop uniform filing procedures and forms, uniform disclosure standards, and uniform administrative practices; (8) Develop information that may be useful in the discharge of the duties of the commission; (9) Initiate private investigations within or without this state; (10) After notice and a hearing under this chapter and the Arkansas Administrative Procedure Act, § 25-15-201 et seq.: (A) Issue a notice of suspension; (B) Impose a civil penalty of no more than five thousand dollars ($5,000) per occurrence; and (C) Assess costs against the person if: (i) A representation in any document or information filed with the commission is false or misleading; (ii) A developer or agent of a developer has engaged or is engaging in any unlawful act or practice; (iii) A developer or agent of a developer has distributed, caused to be distributed, or is distributing, orally or in writing, false or misleading promotional materials concerning a time-share plan; (iv) A developer or agent of a developer has concealed, diverted, or disposed of any funds or assets of a person in a way that impairs rights of purchasers of time-share interests in the time-share plan; (v) A developer or agent of a developer has failed to perform a stipulation or agreement made to induce the commission to issue an order relating to that time-share plan; or (vi) A developer or agent of a developer has otherwise violated this chapter or the rules or orders of the commission; (11) Issue a cease and desist order if the developer has not registered the time-share plan under this chapter; and (12) After notice and hearing, issue an order revoking the registration of a time-share plan upon a determination that a developer or agent of a developer has failed to comply with a notice of suspension issued by the commission, which order affects the time-share plan.

(1) Set fees;

(2) Adopt, amend, and repeal rules;

(3) Issue orders consistent with this chapter;

(4) Prescribe forms and procedures for submitting information to the commission;

(5) Accept grants-in-aid from any governmental source;

(6) Contract with agencies charged with similar functions in this or other jurisdictions;

(7) Cooperate with agencies performing similar functions in this and other jurisdictions to develop uniform filing procedures and forms, uniform disclosure standards, and uniform administrative practices;

(8) Develop information that may be useful in the discharge of the duties of the commission;

(9) Initiate private investigations within or without this state;

(10) After notice and a hearing under this chapter and the Arkansas Administrative Procedure Act, § 25-15-201 et seq.: (A) Issue a notice of suspension; (B) Impose a civil penalty of no more than five thousand dollars ($5,000) per occurrence; and (C) Assess costs against the person if: (i) A representation in any document or information filed with the commission is false or misleading; (ii) A developer or agent of a developer has engaged or is engaging in any unlawful act or practice; (iii) A developer or agent of a developer has distributed, caused to be distributed, or is distributing, orally or in writing, false or misleading promotional materials concerning a time-share plan; (iv) A developer or agent of a developer has concealed, diverted, or disposed of any funds or assets of a person in a way that impairs rights of purchasers of time-share interests in the time-share plan; (v) A developer or agent of a developer has failed to perform a stipulation or agreement made to induce the commission to issue an order relating to that time-share plan; or (vi) A developer or agent of a developer has otherwise violated this chapter or the rules or orders of the commission;

(A) Issue a notice of suspension;

(B) Impose a civil penalty of no more than five thousand dollars ($5,000) per occurrence; and

(C) Assess costs against the person if: (i) A representation in any document or information filed with the commission is false or misleading; (ii) A developer or agent of a developer has engaged or is engaging in any unlawful act or practice; (iii) A developer or agent of a developer has distributed, caused to be distributed, or is distributing, orally or in writing, false or misleading promotional materials concerning a time-share plan; (iv) A developer or agent of a developer has concealed, diverted, or disposed of any funds or assets of a person in a way that impairs rights of purchasers of time-share interests in the time-share plan; (v) A developer or agent of a developer has failed to perform a stipulation or agreement made to induce the commission to issue an order relating to that time-share plan; or (vi) A developer or agent of a developer has otherwise violated this chapter or the rules or orders of the commission;

(i) A representation in any document or information filed with the commission is false or misleading;

(ii) A developer or agent of a developer has engaged or is engaging in any unlawful act or practice;

(iii) A developer or agent of a developer has distributed, caused to be distributed, or is distributing, orally or in writing, false or misleading promotional materials concerning a time-share plan;

(iv) A developer or agent of a developer has concealed, diverted, or disposed of any funds or assets of a person in a way that impairs rights of purchasers of time-share interests in the time-share plan;

(v) A developer or agent of a developer has failed to perform a stipulation or agreement made to induce the commission to issue an order relating to that time-share plan; or

(vi) A developer or agent of a developer has otherwise violated this chapter or the rules or orders of the commission;

(11) Issue a cease and desist order if the developer has not registered the time-share plan under this chapter; and

(12) After notice and hearing, issue an order revoking the registration of a time-share plan upon a determination that a developer or agent of a developer has failed to comply with a notice of suspension issued by the commission, which order affects the time-share plan.

(b) In addition to the civil penalties under subdivision (a)(10) of this section, the commission may require the person found to have violated this chapter or the rules or orders of the commission to reimburse any compensation, fees, or other remuneration collected during the activity that resulted in the violation.

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

Acts 1983, No. 294, Art. 4, § 4-101; A.S.A. 1947, § 50-1325.
Ark. Code Ann. § 18-48-502 — AR Code / Title 18 / Chapter 48 / Subchapter 5 / Section 18-48-502
Applicability
Status: in_force

This section and §§ 18-48-501 , 18-48-503 , and 18-48-504 shall specifically further protect all owners and operators of dryers, elevators, or cleaning, milling, or processing plants, but do not extend to any relationship between the owner or operator and his or her employee or employees. Acts 1949, No. 81, § 3; A.S.A. 1947, § 51-911.

This section and §§ 18-48-501 , 18-48-503 , and 18-48-504 shall specifically further protect all owners and operators of dryers, elevators, or cleaning, milling, or processing plants, but do not extend to any relationship between the owner or operator and his or her employee or employees.

Acts 1949, No. 81, § 3; A.S.A. 1947, § 51-911.
Ark. Code Ann. § 18-28-226 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-226
Foreign transactions
Status: in_force

This subchapter does not apply to property held, due, and owing in a foreign country and arising out of a foreign transaction. Acts 1999, No. 850, § 26.

This subchapter does not apply to property held, due, and owing in a foreign country and arising out of a foreign transaction.

Acts 1999, No. 850, § 26.
Ark. Code Ann. § 18-42-104 — AR Code / Title 18 / Chapter 42 / Section 18-42-104
Filing and indexing of contracts
Status: in_force

(a) A copy of the contract or the original shall be filed in the recorder's office of the proper county. The filing shall be sufficient notice of the existence of the lien. (b) No third party shall be prejudiced by the existence of the lien, nor in any manner liable under a provision of this chapter unless a copy of the contract is filed in the recorder's office as provided. Acts 1883, No. 96, § 4, p. 176; C. & M. Dig., §§ 6883, 6884; Pope's Dig., §§ 8839, 8840; A.S.A. 1947, § 51-506; Acts 2005, No. 917, § 2.

(a) A copy of the contract or the original shall be filed in the recorder's office of the proper county. The filing shall be sufficient notice of the existence of the lien.

(b) No third party shall be prejudiced by the existence of the lien, nor in any manner liable under a provision of this chapter unless a copy of the contract is filed in the recorder's office as provided.

Acts 1883, No. 96, § 4, p. 176; C. & M. Dig., §§ 6883, 6884; Pope's Dig., §§ 8839, 8840; A.S.A. 1947, § 51-506; Acts 2005, No. 917, § 2.
Ark. Code Ann. § 18-3-103 — AR Code / Title 18 / Chapter 3 / Section 18-3-103
Reformation
Status: in_force

Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the 365 years allowed by § 18-3-101(a)(2) , § 18-3-101(b)(2) , or § 18-3-101(c)(2) if: (1) a nonvested property interest or a power of appointment becomes invalid under § 18-3-101 ; (2) a class gift is not but might become invalid under § 18-3-101 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or (3) a nonvested property interest that is not validated by § 18-3-101(a)(1) can vest but not within 365 years after its creation. Amended by Act 2023, No. 719,§ 2, eff. 8/1/2023. Acts 2007, No. 240, § 1.

Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the 365 years allowed by § 18-3-101(a)(2) , § 18-3-101(b)(2) , or § 18-3-101(c)(2) if:

(1) a nonvested property interest or a power of appointment becomes invalid under § 18-3-101 ;

(2) a class gift is not but might become invalid under § 18-3-101 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

(3) a nonvested property interest that is not validated by § 18-3-101(a)(1) can vest but not within 365 years after its creation.

Amended by Act 2023, No. 719,§ 2, eff. 8/1/2023.

Acts 2007, No. 240, § 1.
Ark. Code Ann. § 18-28-205 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-205
Dormancy charge
Status: in_force

A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise canceled. The amount of the deduction is limited to an amount that is not unconscionable. Acts 1999, No. 850, § 5.

A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise canceled. The amount of the deduction is limited to an amount that is not unconscionable.

Acts 1999, No. 850, § 5.
Ark. Code Ann. § 18-17-501 — AR Code / Title 18 / Chapter 17 / Subchapter 5 / Section 18-17-501
Security deposits
Status: in_force

Section 18-16-301 et seq. shall determine: (1) Whether a security deposit is required under this chapter; and (2) The rights, duties, and remedies of a landlord and tenant concerning a security deposit. Acts 2007, No. 1004, § 1; 2009, No. 482, § 4; 2009, No. 559, § 2.

Section 18-16-301 et seq. shall determine:

(1) Whether a security deposit is required under this chapter; and

(2) The rights, duties, and remedies of a landlord and tenant concerning a security deposit.

Acts 2007, No. 1004, § 1; 2009, No. 482, § 4; 2009, No. 559, § 2.
Ark. Code Ann. § 18-14-204 — AR Code / Title 18 / Chapter 14 / Subchapter 2 / Section 18-14-204
Application for registration
Status: in_force

(a) An application for registration of a time-share plan shall contain: (1) The public offering statement; (2) A brief description of the time-share property; (3) Copies of time-share instruments; (4) Financial statements prepared according to generally accepted accounting principles and fully and fairly disclosing the current financial condition of the developer; (5) Any other documents referred to in the registration application; and (6) Other information as required by the Arkansas Real Estate Commission. (b) (1) If the accommodation in the time-share plan is in a condominium development or other common-interest subdivision, the application for registration shall contain evidence that the use of the accommodation for time-share purposes is not prohibited by the project instruments. (2) If the project instruments do not expressly authorize time-sharing, the application for registration shall contain evidence that purchasers in the condominium development or other common-interest subdivision were given written notice at least sixty (60) days before the application for registration was submitted that the accommodation would be used for time-share purposes. (3) If the project instruments contain a prohibition against time-sharing, the board of directors of the association shall certify that the amendment procedures in the project instruments were followed and that the project instruments have been amended to permit time-sharing. (c) The application shall be accompanied by a filing fee not to exceed one thousand dollars ($1,000). (d) (1) The commission shall thoroughly investigate matters relating to the application and may require a personal inspection of the time-share property by a person designated by it. (2) All direct expenses incurred by the commission in inspecting the time-share property are paid by the applicant, and the commission may require a deposit sufficient to cover the direct expenses before incurring them. (e) An application for registration shall be renewed, annually, and the renewal filing fee shall not exceed five hundred dollars ($500). Amended by Act 2013, No. 710,§ 2, eff. 8/16/2013. Acts 1983, No. 294, Art. 4, § 4-103; 1983, No. 765, § 3; A.S.A. 1947, § 50-1327.

(a) An application for registration of a time-share plan shall contain: (1) The public offering statement; (2) A brief description of the time-share property; (3) Copies of time-share instruments; (4) Financial statements prepared according to generally accepted accounting principles and fully and fairly disclosing the current financial condition of the developer; (5) Any other documents referred to in the registration application; and (6) Other information as required by the Arkansas Real Estate Commission.

(1) The public offering statement;

(2) A brief description of the time-share property;

(3) Copies of time-share instruments;

(4) Financial statements prepared according to generally accepted accounting principles and fully and fairly disclosing the current financial condition of the developer;

(5) Any other documents referred to in the registration application; and

(6) Other information as required by the Arkansas Real Estate Commission.

(b) (1) If the accommodation in the time-share plan is in a condominium development or other common-interest subdivision, the application for registration shall contain evidence that the use of the accommodation for time-share purposes is not prohibited by the project instruments. (2) If the project instruments do not expressly authorize time-sharing, the application for registration shall contain evidence that purchasers in the condominium development or other common-interest subdivision were given written notice at least sixty (60) days before the application for registration was submitted that the accommodation would be used for time-share purposes. (3) If the project instruments contain a prohibition against time-sharing, the board of directors of the association shall certify that the amendment procedures in the project instruments were followed and that the project instruments have been amended to permit time-sharing.

(1) If the accommodation in the time-share plan is in a condominium development or other common-interest subdivision, the application for registration shall contain evidence that the use of the accommodation for time-share purposes is not prohibited by the project instruments.

(2) If the project instruments do not expressly authorize time-sharing, the application for registration shall contain evidence that purchasers in the condominium development or other common-interest subdivision were given written notice at least sixty (60) days before the application for registration was submitted that the accommodation would be used for time-share purposes.

(3) If the project instruments contain a prohibition against time-sharing, the board of directors of the association shall certify that the amendment procedures in the project instruments were followed and that the project instruments have been amended to permit time-sharing.

(c) The application shall be accompanied by a filing fee not to exceed one thousand dollars ($1,000).

(d) (1) The commission shall thoroughly investigate matters relating to the application and may require a personal inspection of the time-share property by a person designated by it. (2) All direct expenses incurred by the commission in inspecting the time-share property are paid by the applicant, and the commission may require a deposit sufficient to cover the direct expenses before incurring them.

(1) The commission shall thoroughly investigate matters relating to the application and may require a personal inspection of the time-share property by a person designated by it.

(2) All direct expenses incurred by the commission in inspecting the time-share property are paid by the applicant, and the commission may require a deposit sufficient to cover the direct expenses before incurring them.

(e) An application for registration shall be renewed, annually, and the renewal filing fee shall not exceed five hundred dollars ($500).

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

Acts 1983, No. 294, Art. 4, § 4-103; 1983, No. 765, § 3; A.S.A. 1947, § 50-1327.
Ark. Code Ann. § 18-16-105 — AR Code / Title 18 / Chapter 16 / Subchapter 1 / Section 18-16-105
Termination of oral lease of farmlands
Status: in_force

The owner of farmlands that are rented or leased under an oral rental or lease agreement may elect not to renew the oral rental or lease agreement for the following calendar year by giving written notice by certified mail to the renter or lessee on or before June 30 that the oral rental or lease agreement will not be renewed for the following calendar year. Acts 2009, No. 190, § 1; 2009, No. 815, §§ 1, 2.

The owner of farmlands that are rented or leased under an oral rental or lease agreement may elect not to renew the oral rental or lease agreement for the following calendar year by giving written notice by certified mail to the renter or lessee on or before June 30 that the oral rental or lease agreement will not be renewed for the following calendar year.

Acts 2009, No. 190, § 1; 2009, No. 815, §§ 1, 2.
Ark. Code Ann. § 18-40-105 — AR Code / Title 18 / Chapter 40 / Section 18-40-105
Certification upon payment before sale
Status: in_force

If mortgaged property is redeemed by payment to the officer before the sale, the officer shall make a certificate thereof and acknowledge it before some officer authorized to take acknowledgment of deeds for lands. The certificate shall be recorded in the office in which the mortgage is recorded and shall have the same effect as satisfaction entered on the margin of the record. Rev. Stat., ch. 101, § 21; C. & M. Dig., § 7398; Pope's Dig., § 9455; A.S.A. 1947, § 51-1015.

If mortgaged property is redeemed by payment to the officer before the sale, the officer shall make a certificate thereof and acknowledge it before some officer authorized to take acknowledgment of deeds for lands. The certificate shall be recorded in the office in which the mortgage is recorded and shall have the same effect as satisfaction entered on the margin of the record.

Rev. Stat., ch. 101, § 21; C. & M. Dig., § 7398; Pope's Dig., § 9455; A.S.A. 1947, § 51-1015.
Ark. Code Ann. § 18-43-106 — AR Code / Title 18 / Chapter 43 / Section 18-43-106
Filing of sworn statement
Status: in_force

(a) (1) Every person who has a lien as provided in this section and §§ 18-43-101 , 18-43-104 , 18-43-105 , 18-43-107 - 18-43-110 , and 18-43-112 - 18-43-117 and wishes to avail himself or herself of the lien by an action before a court having jurisdiction. (2) (A) The claimant shall make a sworn statement of the amount due after all just credits are given, to the best of his or her knowledge and belief, and state the kind of service, and for whom rendered, materials furnished, etc. The statement shall also contain a list of land, property, crops, or other productions of his or her labor charged. (B) The truth of the sworn statement may be put in issue as in cases of attachment. (b) The justice of the peace shall keep the statement on file and shall enter a brief of the case on his or her judgment docket. Amended by Act 2017, No. 757,§ 4, eff. 8/1/2017. Acts 1868, No. 64, §§ 5, 7, p. 224; C. & M. Dig., §§ 6849, 6850, 6852; Pope's Dig., §§ 8805, 8806, 8808; A.S.A. 1947, §§ 51-302, 51-304.

(a) (1) Every person who has a lien as provided in this section and §§ 18-43-101 , 18-43-104 , 18-43-105 , 18-43-107 - 18-43-110 , and 18-43-112 - 18-43-117 and wishes to avail himself or herself of the lien by an action before a court having jurisdiction. (2) (A) The claimant shall make a sworn statement of the amount due after all just credits are given, to the best of his or her knowledge and belief, and state the kind of service, and for whom rendered, materials furnished, etc. The statement shall also contain a list of land, property, crops, or other productions of his or her labor charged. (B) The truth of the sworn statement may be put in issue as in cases of attachment.

(1) Every person who has a lien as provided in this section and §§ 18-43-101 , 18-43-104 , 18-43-105 , 18-43-107 - 18-43-110 , and 18-43-112 - 18-43-117 and wishes to avail himself or herself of the lien by an action before a court having jurisdiction.

(2) (A) The claimant shall make a sworn statement of the amount due after all just credits are given, to the best of his or her knowledge and belief, and state the kind of service, and for whom rendered, materials furnished, etc. The statement shall also contain a list of land, property, crops, or other productions of his or her labor charged. (B) The truth of the sworn statement may be put in issue as in cases of attachment.

(A) The claimant shall make a sworn statement of the amount due after all just credits are given, to the best of his or her knowledge and belief, and state the kind of service, and for whom rendered, materials furnished, etc. The statement shall also contain a list of land, property, crops, or other productions of his or her labor charged.

(B) The truth of the sworn statement may be put in issue as in cases of attachment.

(b) The justice of the peace shall keep the statement on file and shall enter a brief of the case on his or her judgment docket.

Amended by Act 2017, No. 757,§ 4, eff. 8/1/2017.

Acts 1868, No. 64, §§ 5, 7, p. 224; C. & M. Dig., §§ 6849, 6850, 6852; Pope's Dig., §§ 8805, 8806, 8808; A.S.A. 1947, §§ 51-302, 51-304.
Ark. Code Ann. § 18-48-207 — AR Code / Title 18 / Chapter 48 / Subchapter 2 / Section 18-48-207
Possession of livestock by tender
Status: in_force

When the lien becomes effective, the person tending livestock shall be entitled to retain possession of the livestock until payment in full has been made for the feeding, herding, pasturing, keeping, or ranching. Acts 1957, No. 311, § 3; A.S.A. 1947, § 51-919.

When the lien becomes effective, the person tending livestock shall be entitled to retain possession of the livestock until payment in full has been made for the feeding, herding, pasturing, keeping, or ranching.

Acts 1957, No. 311, § 3; A.S.A. 1947, § 51-919.
Ark. Code Ann. § 18-4-207 — AR Code / Title 18 / Chapter 4 / Section 18-4-207
Remedies supplemental
Status: in_force

This subchapter supplements: (1) The common law of the State of Arkansas as it exists on August 16, 2013, unless application of the common law would be inconsistent with this subchapter; and (2) Section 28-11-204 . Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.

This subchapter supplements:

(1) The common law of the State of Arkansas as it exists on August 16, 2013, unless application of the common law would be inconsistent with this subchapter; and

(2) Section 28-11-204 .

Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 18-15-1402 — AR Code / Title 18 / Chapter 15 / Subchapter 14 / Section 18-15-1402
Consent of two-thirds of members or owners required
Status: in_force

No property shall be condemned and taken for public burial purposes by any city of the first class or city of the second class or incorporated town, cemetery or burial association, or persons owning land used for public burial purposes without the concurrence in the bylaws, resolutions, or ordinances directing the same of two-thirds (2/3) of the whole number of members elected to the council of the city or town, or without the consent of two-thirds (2/3) of the members of the cemetery or burial association, and persons owning land used for public burial purposes. Acts 1935, No. 163, § 2; Pope's Dig., § 9966; A.S.A. 1947, § 35-802.

No property shall be condemned and taken for public burial purposes by any city of the first class or city of the second class or incorporated town, cemetery or burial association, or persons owning land used for public burial purposes without the concurrence in the bylaws, resolutions, or ordinances directing the same of two-thirds (2/3) of the whole number of members elected to the council of the city or town, or without the consent of two-thirds (2/3) of the members of the cemetery or burial association, and persons owning land used for public burial purposes.

Acts 1935, No. 163, § 2; Pope's Dig., § 9966; A.S.A. 1947, § 35-802.
Ark. Code Ann. § 18-17-912 — AR Code / Title 18 / Chapter 17 / Subchapter 9 / Section 18-17-912
Commercial leases
Status: in_force

(a) In any action involving a commercial lease in which the landlord sues for possession and the tenant raises defenses or counterclaims under this chapter or the lease agreement: (1) (A) The tenant shall pay the landlord all rent that becomes due after the issuance of the order requiring the tenant to vacate or show cause as rent becomes due. (B) The landlord shall provide the tenant with a written receipt for each payment except when the tenant pays by check; and (2) (A) The tenant shall pay the landlord all rent allegedly owed before the issuance of the order to vacate or to show cause. (B) However, in lieu of the payment under subdivision (a)(2)(A) of this section the tenant may be allowed to submit to the court a receipt or cancelled check, or both, indicating that payment has been made to the landlord. (b) (1) If the amount of rent is in controversy, the court shall preliminarily determine the amount of rent to be paid to the landlord. (2) (A) If the tenant appears in response to the order to vacate or to show cause and alleges that rent due owed under § 18-17-911 and this section has been paid, the court shall determine the issue. (B) If the tenant has failed to comply with § 18-17-911 and this section, the court shall issue a writ of possession, and the landlord shall be placed in full possession of the premises by the sheriff. (3) If the amount of rent due is determined at final adjudication to be less than the amount alleged by the landlord, judgment shall be entered for the tenant if the court determines that the tenant has complied fully with the provisions of § 18-17-911 , this section, and the lease agreement. (4) If the court orders that the tenant pay all rent due and accruing as of and during the pendency of the action, the judgment may require the payments to be made to either the: (A) Commercial landlord; or (B) (i) Clerk of the district court who shall hold the payments until the final disposition of the case. (ii) (a) If payments are to be made through the district clerk's office, a fee of three percent (3%) of the rental payment shall be added to the amount paid through the district clerk's office. (b) The fee of three percent (3%) shall be retained by the district clerk's office to defray the costs of collection. (c) If the tenant fails to make a payment as provided in § 18-17-911 and this section, the tenant's failure to comply entitles the landlord to execution of the judgment for possession, and upon application of the landlord, the district court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff or his or her deputy. Acts 2007, No. 1004, § 1; 2009, No. 311, § 11; 2009, No. 482, § 11.

(a) In any action involving a commercial lease in which the landlord sues for possession and the tenant raises defenses or counterclaims under this chapter or the lease agreement: (1) (A) The tenant shall pay the landlord all rent that becomes due after the issuance of the order requiring the tenant to vacate or show cause as rent becomes due. (B) The landlord shall provide the tenant with a written receipt for each payment except when the tenant pays by check; and (2) (A) The tenant shall pay the landlord all rent allegedly owed before the issuance of the order to vacate or to show cause. (B) However, in lieu of the payment under subdivision (a)(2)(A) of this section the tenant may be allowed to submit to the court a receipt or cancelled check, or both, indicating that payment has been made to the landlord.

(1) (A) The tenant shall pay the landlord all rent that becomes due after the issuance of the order requiring the tenant to vacate or show cause as rent becomes due. (B) The landlord shall provide the tenant with a written receipt for each payment except when the tenant pays by check; and

(A) The tenant shall pay the landlord all rent that becomes due after the issuance of the order requiring the tenant to vacate or show cause as rent becomes due.

(B) The landlord shall provide the tenant with a written receipt for each payment except when the tenant pays by check; and

(2) (A) The tenant shall pay the landlord all rent allegedly owed before the issuance of the order to vacate or to show cause. (B) However, in lieu of the payment under subdivision (a)(2)(A) of this section the tenant may be allowed to submit to the court a receipt or cancelled check, or both, indicating that payment has been made to the landlord.

(A) The tenant shall pay the landlord all rent allegedly owed before the issuance of the order to vacate or to show cause.

(B) However, in lieu of the payment under subdivision (a)(2)(A) of this section the tenant may be allowed to submit to the court a receipt or cancelled check, or both, indicating that payment has been made to the landlord.

(b) (1) If the amount of rent is in controversy, the court shall preliminarily determine the amount of rent to be paid to the landlord. (2) (A) If the tenant appears in response to the order to vacate or to show cause and alleges that rent due owed under § 18-17-911 and this section has been paid, the court shall determine the issue. (B) If the tenant has failed to comply with § 18-17-911 and this section, the court shall issue a writ of possession, and the landlord shall be placed in full possession of the premises by the sheriff. (3) If the amount of rent due is determined at final adjudication to be less than the amount alleged by the landlord, judgment shall be entered for the tenant if the court determines that the tenant has complied fully with the provisions of § 18-17-911 , this section, and the lease agreement. (4) If the court orders that the tenant pay all rent due and accruing as of and during the pendency of the action, the judgment may require the payments to be made to either the: (A) Commercial landlord; or (B) (i) Clerk of the district court who shall hold the payments until the final disposition of the case. (ii) (a) If payments are to be made through the district clerk's office, a fee of three percent (3%) of the rental payment shall be added to the amount paid through the district clerk's office. (b) The fee of three percent (3%) shall be retained by the district clerk's office to defray the costs of collection. (c) If the tenant fails to make a payment as provided in § 18-17-911 and this section, the tenant's failure to comply entitles the landlord to execution of the judgment for possession, and upon application of the landlord, the district court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff or his or her deputy.

(1) If the amount of rent is in controversy, the court shall preliminarily determine the amount of rent to be paid to the landlord.

(2) (A) If the tenant appears in response to the order to vacate or to show cause and alleges that rent due owed under § 18-17-911 and this section has been paid, the court shall determine the issue. (B) If the tenant has failed to comply with § 18-17-911 and this section, the court shall issue a writ of possession, and the landlord shall be placed in full possession of the premises by the sheriff.

(A) If the tenant appears in response to the order to vacate or to show cause and alleges that rent due owed under § 18-17-911 and this section has been paid, the court shall determine the issue.

(B) If the tenant has failed to comply with § 18-17-911 and this section, the court shall issue a writ of possession, and the landlord shall be placed in full possession of the premises by the sheriff.

(3) If the amount of rent due is determined at final adjudication to be less than the amount alleged by the landlord, judgment shall be entered for the tenant if the court determines that the tenant has complied fully with the provisions of § 18-17-911 , this section, and the lease agreement.

(4) If the court orders that the tenant pay all rent due and accruing as of and during the pendency of the action, the judgment may require the payments to be made to either the: (A) Commercial landlord; or (B) (i) Clerk of the district court who shall hold the payments until the final disposition of the case. (ii) (a) If payments are to be made through the district clerk's office, a fee of three percent (3%) of the rental payment shall be added to the amount paid through the district clerk's office. (b) The fee of three percent (3%) shall be retained by the district clerk's office to defray the costs of collection. (c) If the tenant fails to make a payment as provided in § 18-17-911 and this section, the tenant's failure to comply entitles the landlord to execution of the judgment for possession, and upon application of the landlord, the district court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff or his or her deputy.

(A) Commercial landlord; or

(B) (i) Clerk of the district court who shall hold the payments until the final disposition of the case. (ii) (a) If payments are to be made through the district clerk's office, a fee of three percent (3%) of the rental payment shall be added to the amount paid through the district clerk's office. (b) The fee of three percent (3%) shall be retained by the district clerk's office to defray the costs of collection. (c) If the tenant fails to make a payment as provided in § 18-17-911 and this section, the tenant's failure to comply entitles the landlord to execution of the judgment for possession, and upon application of the landlord, the district court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff or his or her deputy.

(i) Clerk of the district court who shall hold the payments until the final disposition of the case.

(ii) (a) If payments are to be made through the district clerk's office, a fee of three percent (3%) of the rental payment shall be added to the amount paid through the district clerk's office. (b) The fee of three percent (3%) shall be retained by the district clerk's office to defray the costs of collection. (c) If the tenant fails to make a payment as provided in § 18-17-911 and this section, the tenant's failure to comply entitles the landlord to execution of the judgment for possession, and upon application of the landlord, the district court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff or his or her deputy.

(a) If payments are to be made through the district clerk's office, a fee of three percent (3%) of the rental payment shall be added to the amount paid through the district clerk's office.

(b) The fee of three percent (3%) shall be retained by the district clerk's office to defray the costs of collection.

(c) If the tenant fails to make a payment as provided in § 18-17-911 and this section, the tenant's failure to comply entitles the landlord to execution of the judgment for possession, and upon application of the landlord, the district court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff or his or her deputy.

Acts 2007, No. 1004, § 1; 2009, No. 311, § 11; 2009, No. 482, § 11.
Ark. Code Ann. § 18-60-101 — AR Code / Title 18 / Chapter 60 / Subchapter 1 / Section 18-60-101
Right of cotenants to accounting
Status: in_force

(a) When any joint tenant, tenant in common, or coparcener in any real estate, or any interest therein, shall take, use, or have the profits and benefits thereof in greater proportion than his or her interest therein, that person, or his or her executor or administrator, shall account therefor to his or her cotenant or cotenants, jointly or severally. (b) Joint tenants, tenants in common, and coparceners in any real or personal estate may maintain civil actions against their cotenants who receive as bailiffs more than their due proportion of the benefits of the estate. Rev. Stat., ch. 2, §§ 1, 2; C. & M. Dig., §§ 1087, 1088; Pope's Dig., §§ 1300, 1301; A.S.A. 1947, §§ 50-101, 50-102.

(a) When any joint tenant, tenant in common, or coparcener in any real estate, or any interest therein, shall take, use, or have the profits and benefits thereof in greater proportion than his or her interest therein, that person, or his or her executor or administrator, shall account therefor to his or her cotenant or cotenants, jointly or severally.

(b) Joint tenants, tenants in common, and coparceners in any real or personal estate may maintain civil actions against their cotenants who receive as bailiffs more than their due proportion of the benefits of the estate.

Rev. Stat., ch. 2, §§ 1, 2; C. & M. Dig., §§ 1087, 1088; Pope's Dig., §§ 1300, 1301; A.S.A. 1947, §§ 50-101, 50-102.
Ark. Code Ann. § 18-11-305 — AR Code / Title 18 / Chapter 11 / Subchapter 3 / Section 18-11-305
Owner's immunity from liability
Status: in_force

Except as specifically recognized by or provided in § 18-11-307 , an owner of land who, either directly or indirectly, invites or permits without charge any person to use his or her property for recreational purposes does not thereby: (1) Extend any assurance that the lands or premises are safe for any purpose; (2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; (3) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons; or (4) Assume responsibility for or incur liability for injury to the person or property caused by any natural or artificial condition, structure, or personal property on the land. Acts 1965, No. 51, § 4; 1983, No. 168, § 3; A.S.A. 1947, § 50-1104.

Except as specifically recognized by or provided in § 18-11-307 , an owner of land who, either directly or indirectly, invites or permits without charge any person to use his or her property for recreational purposes does not thereby:

(1) Extend any assurance that the lands or premises are safe for any purpose;

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

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

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

Acts 1965, No. 51, § 4; 1983, No. 168, § 3; A.S.A. 1947, § 50-1104.
Ark. Code Ann. § 18-48-808 — AR Code / Title 18 / Chapter 48 / Subchapter 8 / Section 18-48-808
Disputed claim - Order to show cause
Status: in_force

(a) (1) An owner of commercial real estate may dispute a recorded notice of claim of lien against proceeds filed under this subchapter by filing a complaint in the circuit court of the county where the commercial real estate or a portion of the commercial real estate is located for an order directing the principal broker to appear before the court and show cause why a release of the notice of claim of lien against proceeds should not be granted. (2) If after a hearing, a court determines that the owner is: (A) Not obligated to pay the principal broker a commission under the terms of a representation agreement, it shall issue an order: (i) Releasing the notice of claim of lien against proceeds; and (ii) Awarding costs and a reasonable attorney's fee to the owner; or (B) Obligated to pay the principal broker a commission under the terms of a representation agreement, the court shall issue an order awarding costs and a reasonable attorney's fee to the licensee. (b) (1) A principal broker who has a lien on net rental proceeds under § 18-48-803 , has recorded a notice of claim of lien against proceeds, and has complied with the requirements of this subchapter may file a complaint in the circuit court of the county where the commercial real estate or a portion of the commercial real estate is located for an order directing the owner to appear before the court and show cause why the relief requested in the complaint should not be granted. (2) If after a hearing, the court determines that the owner is: (A) Obligated to pay the principal broker a commission under the terms of a representation agreement, the court shall: (i) Issue an order enjoining the owner from paying the net rental proceeds from the lease to any party other than the principal broker; (ii) Order the owner to pay the net rental proceeds to the principal broker; and (iii) Award a reasonable attorney's fee and expenses to the principal broker; or (B) Not obligated to pay the licensee a commission under the terms of a representation agreement, the court shall issue an order awarding a reasonable attorney's fee and expenses to the owner. (c) (1) A complaint authorized by subsection (a) or subsection (b) of this section is barred if not filed within twelve (12) months of the date that the notice of claim of lien against proceeds was recorded. (2) A proceeding under this section shall not affect other rights and remedies available to the parties under this subchapter or otherwise. Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.

(a) (1) An owner of commercial real estate may dispute a recorded notice of claim of lien against proceeds filed under this subchapter by filing a complaint in the circuit court of the county where the commercial real estate or a portion of the commercial real estate is located for an order directing the principal broker to appear before the court and show cause why a release of the notice of claim of lien against proceeds should not be granted. (2) If after a hearing, a court determines that the owner is: (A) Not obligated to pay the principal broker a commission under the terms of a representation agreement, it shall issue an order: (i) Releasing the notice of claim of lien against proceeds; and (ii) Awarding costs and a reasonable attorney's fee to the owner; or (B) Obligated to pay the principal broker a commission under the terms of a representation agreement, the court shall issue an order awarding costs and a reasonable attorney's fee to the licensee.

(1) An owner of commercial real estate may dispute a recorded notice of claim of lien against proceeds filed under this subchapter by filing a complaint in the circuit court of the county where the commercial real estate or a portion of the commercial real estate is located for an order directing the principal broker to appear before the court and show cause why a release of the notice of claim of lien against proceeds should not be granted.

(2) If after a hearing, a court determines that the owner is: (A) Not obligated to pay the principal broker a commission under the terms of a representation agreement, it shall issue an order: (i) Releasing the notice of claim of lien against proceeds; and (ii) Awarding costs and a reasonable attorney's fee to the owner; or (B) Obligated to pay the principal broker a commission under the terms of a representation agreement, the court shall issue an order awarding costs and a reasonable attorney's fee to the licensee.

(A) Not obligated to pay the principal broker a commission under the terms of a representation agreement, it shall issue an order: (i) Releasing the notice of claim of lien against proceeds; and (ii) Awarding costs and a reasonable attorney's fee to the owner; or

(i) Releasing the notice of claim of lien against proceeds; and

(ii) Awarding costs and a reasonable attorney's fee to the owner; or

(B) Obligated to pay the principal broker a commission under the terms of a representation agreement, the court shall issue an order awarding costs and a reasonable attorney's fee to the licensee.

(b) (1) A principal broker who has a lien on net rental proceeds under § 18-48-803 , has recorded a notice of claim of lien against proceeds, and has complied with the requirements of this subchapter may file a complaint in the circuit court of the county where the commercial real estate or a portion of the commercial real estate is located for an order directing the owner to appear before the court and show cause why the relief requested in the complaint should not be granted. (2) If after a hearing, the court determines that the owner is: (A) Obligated to pay the principal broker a commission under the terms of a representation agreement, the court shall: (i) Issue an order enjoining the owner from paying the net rental proceeds from the lease to any party other than the principal broker; (ii) Order the owner to pay the net rental proceeds to the principal broker; and (iii) Award a reasonable attorney's fee and expenses to the principal broker; or (B) Not obligated to pay the licensee a commission under the terms of a representation agreement, the court shall issue an order awarding a reasonable attorney's fee and expenses to the owner.

(1) A principal broker who has a lien on net rental proceeds under § 18-48-803 , has recorded a notice of claim of lien against proceeds, and has complied with the requirements of this subchapter may file a complaint in the circuit court of the county where the commercial real estate or a portion of the commercial real estate is located for an order directing the owner to appear before the court and show cause why the relief requested in the complaint should not be granted.

(2) If after a hearing, the court determines that the owner is: (A) Obligated to pay the principal broker a commission under the terms of a representation agreement, the court shall: (i) Issue an order enjoining the owner from paying the net rental proceeds from the lease to any party other than the principal broker; (ii) Order the owner to pay the net rental proceeds to the principal broker; and (iii) Award a reasonable attorney's fee and expenses to the principal broker; or (B) Not obligated to pay the licensee a commission under the terms of a representation agreement, the court shall issue an order awarding a reasonable attorney's fee and expenses to the owner.

(A) Obligated to pay the principal broker a commission under the terms of a representation agreement, the court shall: (i) Issue an order enjoining the owner from paying the net rental proceeds from the lease to any party other than the principal broker; (ii) Order the owner to pay the net rental proceeds to the principal broker; and (iii) Award a reasonable attorney's fee and expenses to the principal broker; or

(i) Issue an order enjoining the owner from paying the net rental proceeds from the lease to any party other than the principal broker;

(ii) Order the owner to pay the net rental proceeds to the principal broker; and

(iii) Award a reasonable attorney's fee and expenses to the principal broker; or

(B) Not obligated to pay the licensee a commission under the terms of a representation agreement, the court shall issue an order awarding a reasonable attorney's fee and expenses to the owner.

(c) (1) A complaint authorized by subsection (a) or subsection (b) of this section is barred if not filed within twelve (12) months of the date that the notice of claim of lien against proceeds was recorded. (2) A proceeding under this section shall not affect other rights and remedies available to the parties under this subchapter or otherwise.

(1) A complaint authorized by subsection (a) or subsection (b) of this section is barred if not filed within twelve (12) months of the date that the notice of claim of lien against proceeds was recorded.

(2) A proceeding under this section shall not affect other rights and remedies available to the parties under this subchapter or otherwise.

Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.
Ark. Code Ann. § 18-41-104 — AR Code / Title 18 / Chapter 41 / Section 18-41-104
Priority of tenant employees' liens
Status: in_force

(a) Whenever any landlord shall endorse, upon any written agreement made by and between his or her tenant and the employees of the tenant, his or her written consent to the terms of the agreement, then, and in that case only, the lien of the employees shall have precedence over that of the landlord. (b) This precedence shall be only for the compensation specified in the agreement, the services therein specified having been rendered towards the production of the crop against which the landlord's lien attaches. Acts 1875, No. 29, § 2, p. 84; C. & M. Dig., § 6891; Pope's Dig., § 8847; A.S.A. 1947, § 51-204.

(a) Whenever any landlord shall endorse, upon any written agreement made by and between his or her tenant and the employees of the tenant, his or her written consent to the terms of the agreement, then, and in that case only, the lien of the employees shall have precedence over that of the landlord.

(b) This precedence shall be only for the compensation specified in the agreement, the services therein specified having been rendered towards the production of the crop against which the landlord's lien attaches.

Acts 1875, No. 29, § 2, p. 84; C. & M. Dig., § 6891; Pope's Dig., § 8847; A.S.A. 1947, § 51-204.
Ark. Code Ann. § 18-16-108 — AR Code / Title 18 / Chapter 16 / Subchapter 1 / Section 18-16-108
Property left on premises after termination of lease
Status: in_force

(a) Upon the voluntary or involuntary termination of any lease agreement, all property left in and about the premises by the lessee shall be considered abandoned and may be disposed of by the lessor as the lessor shall see fit without recourse by the lessee. (b) All property placed on the premises by the tenant or lessee is subject to a lien in favor of the lessor for the payment of all sums agreed to be paid by the lessee. Acts 1987, No. 577, § 2.

(a) Upon the voluntary or involuntary termination of any lease agreement, all property left in and about the premises by the lessee shall be considered abandoned and may be disposed of by the lessor as the lessor shall see fit without recourse by the lessee.

(b) All property placed on the premises by the tenant or lessee is subject to a lien in favor of the lessor for the payment of all sums agreed to be paid by the lessee.

Acts 1987, No. 577, § 2.
Ark. Code Ann. § 18-27-301 — AR Code / Title 18 / Chapter 27 / Subchapter 3 / Section 18-27-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Dealer in Secondhand Goods Reform and Disclosure Act". Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Dealer in Secondhand Goods Reform and Disclosure Act".

Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.
Ark. Code Ann. § 18-44-102 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-102
Entire land subject to lien
Status: in_force

The entire land, to the extent stated in § 18-44-101 , upon which any building, erection, or other improvement is situated including that part of the land which is not covered with the building, erection, or other improvement as well as that part of the land which is covered with it, shall be subject to all liens created by this subchapter to the extent, and only to the extent, of all the right, title, and interest owned therein by the owner or proprietor of the building, erection, or other improvement for whose immediate use or benefit the labor was done or things were furnished. Acts 1895, No. 146, § 2, p. 217; C. & M. Dig., § 6908; Pope's Dig., § 8867; A.S.A. 1947, § 51-604.

The entire land, to the extent stated in § 18-44-101 , upon which any building, erection, or other improvement is situated including that part of the land which is not covered with the building, erection, or other improvement as well as that part of the land which is covered with it, shall be subject to all liens created by this subchapter to the extent, and only to the extent, of all the right, title, and interest owned therein by the owner or proprietor of the building, erection, or other improvement for whose immediate use or benefit the labor was done or things were furnished.

Acts 1895, No. 146, § 2, p. 217; C. & M. Dig., § 6908; Pope's Dig., § 8867; A.S.A. 1947, § 51-604.
Ark. Code Ann. § 18-46-101 — AR Code / Title 18 / Chapter 46 / Section 18-46-101
Title
Status: in_force

This chapter may be cited as the Medical, Nursing, Hospital, and Ambulance Service Lien Act. Acts 1933, No. 130, § 16; Pope's Dig., § 10833; A.S.A. 1947, § 51-815; Acts 1993, No. 271, § 1.

This chapter may be cited as the Medical, Nursing, Hospital, and Ambulance Service Lien Act.

Acts 1933, No. 130, § 16; Pope's Dig., § 10833; A.S.A. 1947, § 51-815; Acts 1993, No. 271, § 1.
Ark. Code Ann. § 18-16-502 — AR Code / Title 18 / Chapter 16 / Subchapter 5 / Section 18-16-502
Gambling - Prostitution - Alcohol
Status: in_force

For purposes of this subchapter, any tenant who engages in or allows another person to engage in illegal gambling under § 5-66-107 , prostitution as defined by § 5-70-102 , or the unlawful sale of alcohol as defined by § 3-3-205 on the tenant's leased premises shall be subject to the eviction procedures established by this subchapter. Acts 2009, No. 464, § 1.

For purposes of this subchapter, any tenant who engages in or allows another person to engage in illegal gambling under § 5-66-107 , prostitution as defined by § 5-70-102 , or the unlawful sale of alcohol as defined by § 3-3-205 on the tenant's leased premises shall be subject to the eviction procedures established by this subchapter.

Acts 2009, No. 464, § 1.
Ark. Code Ann. § 18-48-201 — AR Code / Title 18 / Chapter 48 / Subchapter 2 / Section 18-48-201
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Circuit clerk" means the office in the county where records of deeds and mortgages are kept. (B) In counties with more than one (1) county seat, it means the office where records of deeds are filed relating to the larger portion of the land where the livestock is kept; (2) "Lienholder" means any person who holds a lien upon livestock by virtue of a valid conditional sale contract, chattel mortgage, or other encumbrance; (3) "Livestock" means any horses, mules, cattle, sheep, or hogs, and their increase, but shall not be limited solely to those animals specifically named; (4) "Owner" means any person who has title to livestock, either legal or equitable; (5) "Person" means any individual, firm, or corporation, including copartnerships, trusts, associations, and similar legal entities, and duly authorized agents of the person; and (6) (A) "Written contracts" means any original impression or copies duly signed by the owners and the person tending or agreeing to tend the livestock. (B) No acknowledgment is required in order for written contracts or for written notice or written protest to be subject to being filed in the clerk's office under the provisions of this subchapter. Acts 1957, No. 311, § 13; A.S.A. 1947, § 51-929.

As used in this subchapter:

(1) (A) "Circuit clerk" means the office in the county where records of deeds and mortgages are kept. (B) In counties with more than one (1) county seat, it means the office where records of deeds are filed relating to the larger portion of the land where the livestock is kept;

(A) "Circuit clerk" means the office in the county where records of deeds and mortgages are kept.

(B) In counties with more than one (1) county seat, it means the office where records of deeds are filed relating to the larger portion of the land where the livestock is kept;

(2) "Lienholder" means any person who holds a lien upon livestock by virtue of a valid conditional sale contract, chattel mortgage, or other encumbrance;

(3) "Livestock" means any horses, mules, cattle, sheep, or hogs, and their increase, but shall not be limited solely to those animals specifically named;

(4) "Owner" means any person who has title to livestock, either legal or equitable;

(5) "Person" means any individual, firm, or corporation, including copartnerships, trusts, associations, and similar legal entities, and duly authorized agents of the person; and

(6) (A) "Written contracts" means any original impression or copies duly signed by the owners and the person tending or agreeing to tend the livestock. (B) No acknowledgment is required in order for written contracts or for written notice or written protest to be subject to being filed in the clerk's office under the provisions of this subchapter.

(A) "Written contracts" means any original impression or copies duly signed by the owners and the person tending or agreeing to tend the livestock.

(B) No acknowledgment is required in order for written contracts or for written notice or written protest to be subject to being filed in the clerk's office under the provisions of this subchapter.

Acts 1957, No. 311, § 13; A.S.A. 1947, § 51-929.
Ark. Code Ann. § 18-15-1103 — AR Code / Title 18 / Chapter 15 / Subchapter 11 / Section 18-15-1103
Condemnation of property upon failure to obtain by consent, contract, or agreement
Status: in_force

In the event a corporation fails, upon application to individuals, corporations, or railroad companies to secure rights-of-way for the canals, drains, or other works by consent, contract, or agreement, then the corporation shall have the right to proceed to procure the condemnation of the property, lands, privileges, and easements in the manner prescribed by law for railroads, as provided by §§ 18-15-1201 - 18-15-1207 . Acts 1909, No. 87, § 5, p. 234; A.S.A. 1947, § 35-1205.

In the event a corporation fails, upon application to individuals, corporations, or railroad companies to secure rights-of-way for the canals, drains, or other works by consent, contract, or agreement, then the corporation shall have the right to proceed to procure the condemnation of the property, lands, privileges, and easements in the manner prescribed by law for railroads, as provided by §§ 18-15-1201 - 18-15-1207 .

Acts 1909, No. 87, § 5, p. 234; A.S.A. 1947, § 35-1205.
Ark. Code Ann. § 18-60-1010 — AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1010
Open-market sale, sealed bids, or auction
Status: in_force

(a) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. (b) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court. (c) If the broker appointed under subsection (b) obtains within a reasonable time an offer to purchase the property for at least the determination of value: (1) the broker shall comply with the reporting requirements in § 18-60-1011 ; and (2) the sale may be completed in accordance with state law other than this subchapter. (d) If the broker appointed under subsection (b) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may: (1) approve the highest outstanding offer, if any; (2) redetermine the value of the property and order that the property continue to be offered for an additional time; or (3) order that the property be sold by sealed bids or at an auction. (e) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under § 18-60-401 et seq. (f) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds. Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

(a) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.

(b) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.

(c) If the broker appointed under subsection (b) obtains within a reasonable time an offer to purchase the property for at least the determination of value: (1) the broker shall comply with the reporting requirements in § 18-60-1011 ; and (2) the sale may be completed in accordance with state law other than this subchapter.

(1) the broker shall comply with the reporting requirements in § 18-60-1011 ; and

(2) the sale may be completed in accordance with state law other than this subchapter.

(d) If the broker appointed under subsection (b) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may: (1) approve the highest outstanding offer, if any; (2) redetermine the value of the property and order that the property continue to be offered for an additional time; or (3) order that the property be sold by sealed bids or at an auction.

(1) approve the highest outstanding offer, if any;

(2) redetermine the value of the property and order that the property continue to be offered for an additional time; or

(3) order that the property be sold by sealed bids or at an auction.

(e) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under § 18-60-401 et seq.

(f) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 18-60-803 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-803
Penalties - Damages and fee
Status: in_force

(a) Any person who willfully and knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which an order has been sought under the provisions of this section and §§ 18-60-801 - 18-60-802 and 18-60-804 - 18-60-808 , or who conceals it, with the intent to interfere with enforcement of the order, or who removes it from the jurisdiction of the court in which the action is pending with the intention of defeating enforcement of an order of delivery, or who willfully refuses to disclose its location to an officer charged with executing an order for its delivery, or, if the property is in his or her possession, willfully interferes with the officer charged with executing the writ shall be guilty of a misdemeanor. (b) If convicted, he or she shall be subject to a fine of not more than one thousand dollars ($1,000) and imprisonment for a term of not more than six (6) months, or both. (c) In addition to these criminal penalties, he or she shall be liable to the plaintiff for double the amount of damage done to the property, together with a reasonable attorney's fee, to be fixed by the court, and the damages and fee shall be deemed based on tortious conduct and enforceable accordingly. Acts 1973, No. 144, § 6; A.S.A. 1947, § 34-2124.

(a) Any person who willfully and knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which an order has been sought under the provisions of this section and §§ 18-60-801 - 18-60-802 and 18-60-804 - 18-60-808 , or who conceals it, with the intent to interfere with enforcement of the order, or who removes it from the jurisdiction of the court in which the action is pending with the intention of defeating enforcement of an order of delivery, or who willfully refuses to disclose its location to an officer charged with executing an order for its delivery, or, if the property is in his or her possession, willfully interferes with the officer charged with executing the writ shall be guilty of a misdemeanor.

(b) If convicted, he or she shall be subject to a fine of not more than one thousand dollars ($1,000) and imprisonment for a term of not more than six (6) months, or both.

(c) In addition to these criminal penalties, he or she shall be liable to the plaintiff for double the amount of damage done to the property, together with a reasonable attorney's fee, to be fixed by the court, and the damages and fee shall be deemed based on tortious conduct and enforceable accordingly.

Acts 1973, No. 144, § 6; A.S.A. 1947, § 34-2124.
Ark. Code Ann. § 18-48-212 — AR Code / Title 18 / Chapter 48 / Subchapter 2 / Section 18-48-212
Sale and disposition of proceeds
Status: in_force

(a) All sales under this subchapter shall be at public auction for cash. (b) (1) The proceeds of the sale, after payment of the charges for the feeding, herding, pasturing, keeping, or ranching of the livestock, from the date when the lien became effective under § 18-48-203 until the date of the sale, and all the expenses of the sale, including costs of publication, attorney's fees, and costs of public auctioneer, if any, shall, if the owners are absent or unknown, be deposited with the treasurer of the county where the sale takes place by the person making the sale. (2) These net proceeds shall be paid to the persons entitled to them when they properly establish ownership in, or lien upon, the livestock, either by claim of title or by claim of valid lien. Acts 1957, No. 311, §§ 6, 7; A.S.A. 1947, §§ 51-922, 51-923.

(a) All sales under this subchapter shall be at public auction for cash.

(b) (1) The proceeds of the sale, after payment of the charges for the feeding, herding, pasturing, keeping, or ranching of the livestock, from the date when the lien became effective under § 18-48-203 until the date of the sale, and all the expenses of the sale, including costs of publication, attorney's fees, and costs of public auctioneer, if any, shall, if the owners are absent or unknown, be deposited with the treasurer of the county where the sale takes place by the person making the sale. (2) These net proceeds shall be paid to the persons entitled to them when they properly establish ownership in, or lien upon, the livestock, either by claim of title or by claim of valid lien.

(1) The proceeds of the sale, after payment of the charges for the feeding, herding, pasturing, keeping, or ranching of the livestock, from the date when the lien became effective under § 18-48-203 until the date of the sale, and all the expenses of the sale, including costs of publication, attorney's fees, and costs of public auctioneer, if any, shall, if the owners are absent or unknown, be deposited with the treasurer of the county where the sale takes place by the person making the sale.

(2) These net proceeds shall be paid to the persons entitled to them when they properly establish ownership in, or lien upon, the livestock, either by claim of title or by claim of valid lien.

Acts 1957, No. 311, §§ 6, 7; A.S.A. 1947, §§ 51-922, 51-923.
Ark. Code Ann. § 18-44-127 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-127
Trial and judgment
Status: in_force

(a) The court shall ascertain by a fair trial, in the usual way, the amount of the indebtedness for which the lien is prosecuted and may render judgment therefor in any sum not exceeding the amount claimed in the demand filed with the lien, together with interest and costs, although the creditor may have unintentionally failed to render in his or her account when filed the full amount of credits to which the debtor may have been entitled. (b) The judgment if for the plaintiff shall be that he or she recover the amount of the indebtedness found due, to be levied out of the property charged with the lien therefor, and the property charged shall be correctly described in the judgment. Acts 1895, No. 146, § 14, p. 217; C. & M. Dig., § 6931; Pope's Dig., § 8893; A.S.A. 1947, § 51-621.

(a) The court shall ascertain by a fair trial, in the usual way, the amount of the indebtedness for which the lien is prosecuted and may render judgment therefor in any sum not exceeding the amount claimed in the demand filed with the lien, together with interest and costs, although the creditor may have unintentionally failed to render in his or her account when filed the full amount of credits to which the debtor may have been entitled.

(b) The judgment if for the plaintiff shall be that he or she recover the amount of the indebtedness found due, to be levied out of the property charged with the lien therefor, and the property charged shall be correctly described in the judgment.

Acts 1895, No. 146, § 14, p. 217; C. & M. Dig., § 6931; Pope's Dig., § 8893; A.S.A. 1947, § 51-621.
Ark. Code Ann. § 18-28-229 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-229
Uniformity of application and construction
Status: in_force

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting it. Acts 1999, No. 850, § 29.

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting it.

Acts 1999, No. 850, § 29.
Ark. Code Ann. § 18-60-304 — AR Code / Title 18 / Chapter 60 / Subchapter 3 / Section 18-60-304
Actions constituting unlawful detainer
Status: in_force

A person shall be guilty of an unlawful detainer within the meaning of this subchapter if the person shall, willfully and without right: (1) Hold over any land, tenement, or possession after the determination of the time for which it was demised or let to him or her, or the person under whom he or she claims; (2) Peaceably and lawfully obtain possession of any land, tenement, or possession and hold it willfully and unlawfully after demand made in writing for the delivery or surrender of possession of the land, tenement, or possession by the person having the right to possession or his or her agent or attorney; (3) Fail or refuse to pay the rent for the land, tenement, or possession when due, and after three (3) days' notice to quit and demand made in writing for the possession of the land, tenement, or possession by the person entitled to the land, tenement, or possession or his or her agent or attorney, shall refuse to quit possession; (4) Fail to maintain the premises in a safe, healthy, or habitable condition; or (5) Cause or permit the premises to become: (A) A common nuisance subject to abatement under: (i) Section 14-54-1501 et seq.; (ii) The Arkansas Drug Abatement Act of 1989, § 16-105-401 et seq.; or (iii) Any other law of this state; or (B) A public or common nuisance under § 14-54-1701 et seq. as determined by a criminal nuisance abatement board. Acts 1981, No. 615, § 4; A.S.A. 1947, § 34-1504; Acts 2005, No. 1431, § 1.

A person shall be guilty of an unlawful detainer within the meaning of this subchapter if the person shall, willfully and without right:

(1) Hold over any land, tenement, or possession after the determination of the time for which it was demised or let to him or her, or the person under whom he or she claims;

(2) Peaceably and lawfully obtain possession of any land, tenement, or possession and hold it willfully and unlawfully after demand made in writing for the delivery or surrender of possession of the land, tenement, or possession by the person having the right to possession or his or her agent or attorney;

(3) Fail or refuse to pay the rent for the land, tenement, or possession when due, and after three (3) days' notice to quit and demand made in writing for the possession of the land, tenement, or possession by the person entitled to the land, tenement, or possession or his or her agent or attorney, shall refuse to quit possession;

(4) Fail to maintain the premises in a safe, healthy, or habitable condition; or

(5) Cause or permit the premises to become: (A) A common nuisance subject to abatement under: (i) Section 14-54-1501 et seq.; (ii) The Arkansas Drug Abatement Act of 1989, § 16-105-401 et seq.; or (iii) Any other law of this state; or (B) A public or common nuisance under § 14-54-1701 et seq. as determined by a criminal nuisance abatement board.

(A) A common nuisance subject to abatement under: (i) Section 14-54-1501 et seq.; (ii) The Arkansas Drug Abatement Act of 1989, § 16-105-401 et seq.; or (iii) Any other law of this state; or

(i) Section 14-54-1501 et seq.;

(ii) The Arkansas Drug Abatement Act of 1989, § 16-105-401 et seq.; or

(iii) Any other law of this state; or

(B) A public or common nuisance under § 14-54-1701 et seq. as determined by a criminal nuisance abatement board.

Acts 1981, No. 615, § 4; A.S.A. 1947, § 34-1504; Acts 2005, No. 1431, § 1.
Ark. Code Ann. § 18-11-710 — AR Code / Title 18 / Chapter 11 / Subchapter 7 / Section 18-11-710
Limited effect of relocation
Status: in_force

(a) Relocation of an easement under this subchapter: (1) is not a new transfer or a new grant of an interest in the servient estate or the dominant estate; (2) is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under law other than this subchapter; (3) is not a breach or default of a lease, except as otherwise determined by a court under law other than this subchapter; (4) is not a breach or default by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court under law other than this subchapter; (5) does not affect the priority of the easement with respect to other recorded real-property interests burdening the area of the servient estate where the easement was located before the relocation; and (6) is not a fraudulent conveyance or voidable transaction under law. (b) This subchapter does not affect any other method of relocating an easement permitted under law of this state other than this subchapter. Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.

(a) Relocation of an easement under this subchapter: (1) is not a new transfer or a new grant of an interest in the servient estate or the dominant estate; (2) is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under law other than this subchapter; (3) is not a breach or default of a lease, except as otherwise determined by a court under law other than this subchapter; (4) is not a breach or default by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court under law other than this subchapter; (5) does not affect the priority of the easement with respect to other recorded real-property interests burdening the area of the servient estate where the easement was located before the relocation; and (6) is not a fraudulent conveyance or voidable transaction under law.

(1) is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;

(2) is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under law other than this subchapter;

(3) is not a breach or default of a lease, except as otherwise determined by a court under law other than this subchapter;

(4) is not a breach or default by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court under law other than this subchapter;

(5) does not affect the priority of the easement with respect to other recorded real-property interests burdening the area of the servient estate where the easement was located before the relocation; and

(6) is not a fraudulent conveyance or voidable transaction under law.

(b) This subchapter does not affect any other method of relocating an easement permitted under law of this state other than this subchapter.

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 18-15-410 — AR Code / Title 18 / Chapter 15 / Subchapter 4 / Section 18-15-410
Rights of property owner upon entry by municipality
Status: in_force

(a) If a municipality shall enter upon property which it has the right to acquire by condemnation proceedings without commencing condemnation proceedings, the owner of the property shall have the right to commence condemnation proceedings against the municipality at any time before an action for the recovery of the property or compensation therefor would be barred by the statute of limitations. (b) The measure of recovery in the action shall be the fair market value of the property at the time it was entered upon by the municipality. Acts 1957, No. 269, § 11; A.S.A. 1947, § 35-917.

(a) If a municipality shall enter upon property which it has the right to acquire by condemnation proceedings without commencing condemnation proceedings, the owner of the property shall have the right to commence condemnation proceedings against the municipality at any time before an action for the recovery of the property or compensation therefor would be barred by the statute of limitations.

(b) The measure of recovery in the action shall be the fair market value of the property at the time it was entered upon by the municipality.

Acts 1957, No. 269, § 11; A.S.A. 1947, § 35-917.
Ark. Code Ann. § 18-44-210 — AR Code / Title 18 / Chapter 44 / Subchapter 2 / Section 18-44-210
Limitation of liability
Status: in_force

Nothing in §§ 18-44-201 - 18-44-209 shall be construed to fix a greater liability against the owner of the land or leasehold interest in the land than the price or sum stipulated to be paid in the contract under which the material is furnished or labor performed. Acts 1923, No. 615, § 7; Pope's Dig., § 8911; A.S.A. 1947, § 51-707.

Nothing in §§ 18-44-201 - 18-44-209 shall be construed to fix a greater liability against the owner of the land or leasehold interest in the land than the price or sum stipulated to be paid in the contract under which the material is furnished or labor performed.

Acts 1923, No. 615, § 7; Pope's Dig., § 8911; A.S.A. 1947, § 51-707.
Ark. Code Ann. § 18-15-306 — AR Code / Title 18 / Chapter 15 / Subchapter 3 / Section 18-15-306
Verdict by jury
Status: in_force

(a) The jury shall be sworn to make the whole inquiry and assessment but may be allowed to return a verdict, as to part, and be discharged as to the rest, at the discretion of the court. (b) In case the jury shall be discharged from rendering a judgment in whole or in part, another jury shall be impaneled at the earliest convenient time, who shall take the whole inquiry and assessment, or the part not made, as the case may be. Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., §§ 4015, 4016; Pope's Dig., §§ 5017, 5018; A.S.A. 1947, § 35-905.

(a) The jury shall be sworn to make the whole inquiry and assessment but may be allowed to return a verdict, as to part, and be discharged as to the rest, at the discretion of the court.

(b) In case the jury shall be discharged from rendering a judgment in whole or in part, another jury shall be impaneled at the earliest convenient time, who shall take the whole inquiry and assessment, or the part not made, as the case may be.

Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., §§ 4015, 4016; Pope's Dig., §§ 5017, 5018; A.S.A. 1947, § 35-905.
Ark. Code Ann. § 18-44-209 — AR Code / Title 18 / Chapter 44 / Subchapter 2 / Section 18-44-209
Sale or removal of property subject to lien
Status: in_force

(a) When the lien provided for in this section and §§ 18-44-201 - 18-44-208 and 18-44-210 shall have attached to the property covered thereby, neither the owner of the land nor the owner of the oil, gas, or mineral leasehold interest therein, the owner of any gas pipeline or oil pipeline, the contractor, the subcontractor, the purchaser, the trustee, receiver, or agent, of the owner, lessor, lessee, contractor, subcontractor, or purchaser shall either sell or remove any property subject to the lien, cause it to be removed from the land or premises upon which the property was to be used, or otherwise sell or dispose of it without the written consent of the holder of the lien created. (b) (1) In case of any violation of the provision of this section, the same lienholder shall be entitled to the possession of the property upon which the lien exists wherever the property is found, together with the land or leasehold to which the property may have been attached. (2) The lienholder is entitled to have it then sold for the payment of his or her debt, whether the debt has become due or not. Acts 1923, No. 615, § 5; Pope's Dig., § 8909; A.S.A. 1947, § 51-705.

(a) When the lien provided for in this section and §§ 18-44-201 - 18-44-208 and 18-44-210 shall have attached to the property covered thereby, neither the owner of the land nor the owner of the oil, gas, or mineral leasehold interest therein, the owner of any gas pipeline or oil pipeline, the contractor, the subcontractor, the purchaser, the trustee, receiver, or agent, of the owner, lessor, lessee, contractor, subcontractor, or purchaser shall either sell or remove any property subject to the lien, cause it to be removed from the land or premises upon which the property was to be used, or otherwise sell or dispose of it without the written consent of the holder of the lien created.

(b) (1) In case of any violation of the provision of this section, the same lienholder shall be entitled to the possession of the property upon which the lien exists wherever the property is found, together with the land or leasehold to which the property may have been attached. (2) The lienholder is entitled to have it then sold for the payment of his or her debt, whether the debt has become due or not.

(1) In case of any violation of the provision of this section, the same lienholder shall be entitled to the possession of the property upon which the lien exists wherever the property is found, together with the land or leasehold to which the property may have been attached.

(2) The lienholder is entitled to have it then sold for the payment of his or her debt, whether the debt has become due or not.

Acts 1923, No. 615, § 5; Pope's Dig., § 8909; A.S.A. 1947, § 51-705.
Ark. Code Ann. § 18-60-703 — AR Code / Title 18 / Chapter 60 / Subchapter 7 / Section 18-60-703
Petition - Verification and certification
Status: in_force

(a) A person may file the petition in the circuit court of the county in which the land is situated, describing the land and setting forth his or her title thereto and alleging that there is no person in the adverse possession thereof and that the land has been deeded, granted, donated, or subscribed to a railroad under the provisions of the acts mentioned in § 18-60-701 , or is claimed to have been so deeded, granted, donated, or subscribed, and praying that title thereto may be confirmed and quieted as against the railroad, its successors and assigns, and as against any persons deeding, granting, donating, or subscribing the land, or claimed to have deeded, granted, donated, or subscribed the land, or their heirs and assigns, and all others claiming by, through, or under them, or either of them. (b) Any number of tracts may be embraced in the same petition when they all lie in the same county. (c) The petition shall be verified, and there shall be endorsed thereon a certificate of the attorney filing the petition to the effect that he or she has examined the title of the petitioner as set forth in the petition and that in his or her opinion the petition is well founded in law and true in fact. When so verified and certified, the petition shall be taken as prima facie true, and the petitioner shall be entitled to a decree thereon. Acts 1911, No. 267, §§ 2, 4; C. & M. Dig., §§ 8375, 8377; Pope's Dig., §§ 10971, 10973; A.S.A. 1947, §§ 34-1914, 34-1916.

(a) A person may file the petition in the circuit court of the county in which the land is situated, describing the land and setting forth his or her title thereto and alleging that there is no person in the adverse possession thereof and that the land has been deeded, granted, donated, or subscribed to a railroad under the provisions of the acts mentioned in § 18-60-701 , or is claimed to have been so deeded, granted, donated, or subscribed, and praying that title thereto may be confirmed and quieted as against the railroad, its successors and assigns, and as against any persons deeding, granting, donating, or subscribing the land, or claimed to have deeded, granted, donated, or subscribed the land, or their heirs and assigns, and all others claiming by, through, or under them, or either of them.

(b) Any number of tracts may be embraced in the same petition when they all lie in the same county.

(c) The petition shall be verified, and there shall be endorsed thereon a certificate of the attorney filing the petition to the effect that he or she has examined the title of the petitioner as set forth in the petition and that in his or her opinion the petition is well founded in law and true in fact. When so verified and certified, the petition shall be taken as prima facie true, and the petitioner shall be entitled to a decree thereon.

Acts 1911, No. 267, §§ 2, 4; C. & M. Dig., §§ 8375, 8377; Pope's Dig., §§ 10971, 10973; A.S.A. 1947, §§ 34-1914, 34-1916.
Ark. Code Ann. § 18-41-106 — AR Code / Title 18 / Chapter 41 / Section 18-41-106
Right to assign
Status: in_force

(a) A landlord's lien for rent shall be assignable. (b) The holder of any note, contract, or other instrument evidencing the rent for land upon which crops are to be produced during any year may sell, assign, transfer, mortgage, or pledge the note, contract, or other evidence thereof, together with the lien, if any, provided by law in favor of landlords, and the transferee, endorsee, mortgagee, pledgee, or holder thereof shall have the right to enforce the lien so transferred. Acts 1935, No. 12, §§ 1, 2; Pope's Dig., §§ 8858, 8859; A.S.A. 1947, §§ 51-210, 51-211.

(a) A landlord's lien for rent shall be assignable.

(b) The holder of any note, contract, or other instrument evidencing the rent for land upon which crops are to be produced during any year may sell, assign, transfer, mortgage, or pledge the note, contract, or other evidence thereof, together with the lien, if any, provided by law in favor of landlords, and the transferee, endorsee, mortgagee, pledgee, or holder thereof shall have the right to enforce the lien so transferred.

Acts 1935, No. 12, §§ 1, 2; Pope's Dig., §§ 8858, 8859; A.S.A. 1947, §§ 51-210, 51-211.
Ark. Code Ann. § 18-60-1001 — AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1001
Short title
Status: in_force

This subchapter may be cited as the "Uniform Partition of Heirs Property Act". Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

This subchapter may be cited as the "Uniform Partition of Heirs Property Act".

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 18-15-409 — AR Code / Title 18 / Chapter 15 / Subchapter 4 / Section 18-15-409
Controversy
Status: in_force

(a) (1) When the determination of questions in controversy in the eminent domain proceedings authorized in this subchapter is, in the opinion of the operating authority of the municipal waterworks, likely to retard the progress of the project, the municipality shall so state in its application or in a separate pleading. (2) The municipality shall also designate a sum which, in its opinion, is the reasonable value of the property to be taken and shall deposit that sum in the registry of the court for the purpose of making compensation and paying any damages which may be assessed against the municipality. (3) The court shall thereupon immediately enter an order giving the municipality possession of the property and may enforce the order, if necessary. (4) A copy of the order of possession shall be served upon any person of adult age found residing upon the premises, but only one (1) person need be served. (5) However, at any time after the order is entered, any defendant may file a motion for a hearing on the amount of the deposit, giving notice of the motion to the applicant, and at the hearing the court may affirm the amount of the original deposit or may order it increased. (6) No motion for hearing shall delay the applicant's right to possession. (b) (1) Any person named as a defendant in the action and claiming to be an owner of the property being condemned shall be entitled to apply to the court for a withdrawal of all or a part of the funds so deposited upon giving reasonable notice of his or her motion to withdraw funds to the applicant. The defendant shall also notify all other defendants whose addresses are known of his motion. (2) (A) Before entering an order permitting a withdrawal of any portion of the deposit, the court shall determine the ownership of the property to be condemned, and no defendant shall be permitted to withdraw any greater portion of the deposit than is equal to his or her interest in the property to be condemned. (B) In no event shall the aggregate amount of the withdrawal for all defendants be greater than the amount originally deposited by the municipality on its own motion. (3) If any defendant claims that the amount withdrawn by any other defendant was wrongful or was excessive, the dispute shall be solely between the defendants. (4) In any judgment against the municipality, the municipality shall receive full credit against all defendants for the amount deposited with the clerk or paid to the clerk after judgment. Acts 1957, No. 269, § 10; A.S.A. 1947, § 35-916.

(a) (1) When the determination of questions in controversy in the eminent domain proceedings authorized in this subchapter is, in the opinion of the operating authority of the municipal waterworks, likely to retard the progress of the project, the municipality shall so state in its application or in a separate pleading. (2) The municipality shall also designate a sum which, in its opinion, is the reasonable value of the property to be taken and shall deposit that sum in the registry of the court for the purpose of making compensation and paying any damages which may be assessed against the municipality. (3) The court shall thereupon immediately enter an order giving the municipality possession of the property and may enforce the order, if necessary. (4) A copy of the order of possession shall be served upon any person of adult age found residing upon the premises, but only one (1) person need be served. (5) However, at any time after the order is entered, any defendant may file a motion for a hearing on the amount of the deposit, giving notice of the motion to the applicant, and at the hearing the court may affirm the amount of the original deposit or may order it increased. (6) No motion for hearing shall delay the applicant's right to possession.

(1) When the determination of questions in controversy in the eminent domain proceedings authorized in this subchapter is, in the opinion of the operating authority of the municipal waterworks, likely to retard the progress of the project, the municipality shall so state in its application or in a separate pleading.

(2) The municipality shall also designate a sum which, in its opinion, is the reasonable value of the property to be taken and shall deposit that sum in the registry of the court for the purpose of making compensation and paying any damages which may be assessed against the municipality.

(3) The court shall thereupon immediately enter an order giving the municipality possession of the property and may enforce the order, if necessary.

(4) A copy of the order of possession shall be served upon any person of adult age found residing upon the premises, but only one (1) person need be served.

(5) However, at any time after the order is entered, any defendant may file a motion for a hearing on the amount of the deposit, giving notice of the motion to the applicant, and at the hearing the court may affirm the amount of the original deposit or may order it increased.

(6) No motion for hearing shall delay the applicant's right to possession.

(b) (1) Any person named as a defendant in the action and claiming to be an owner of the property being condemned shall be entitled to apply to the court for a withdrawal of all or a part of the funds so deposited upon giving reasonable notice of his or her motion to withdraw funds to the applicant. The defendant shall also notify all other defendants whose addresses are known of his motion. (2) (A) Before entering an order permitting a withdrawal of any portion of the deposit, the court shall determine the ownership of the property to be condemned, and no defendant shall be permitted to withdraw any greater portion of the deposit than is equal to his or her interest in the property to be condemned. (B) In no event shall the aggregate amount of the withdrawal for all defendants be greater than the amount originally deposited by the municipality on its own motion. (3) If any defendant claims that the amount withdrawn by any other defendant was wrongful or was excessive, the dispute shall be solely between the defendants. (4) In any judgment against the municipality, the municipality shall receive full credit against all defendants for the amount deposited with the clerk or paid to the clerk after judgment.

(1) Any person named as a defendant in the action and claiming to be an owner of the property being condemned shall be entitled to apply to the court for a withdrawal of all or a part of the funds so deposited upon giving reasonable notice of his or her motion to withdraw funds to the applicant. The defendant shall also notify all other defendants whose addresses are known of his motion.

(2) (A) Before entering an order permitting a withdrawal of any portion of the deposit, the court shall determine the ownership of the property to be condemned, and no defendant shall be permitted to withdraw any greater portion of the deposit than is equal to his or her interest in the property to be condemned. (B) In no event shall the aggregate amount of the withdrawal for all defendants be greater than the amount originally deposited by the municipality on its own motion.

(A) Before entering an order permitting a withdrawal of any portion of the deposit, the court shall determine the ownership of the property to be condemned, and no defendant shall be permitted to withdraw any greater portion of the deposit than is equal to his or her interest in the property to be condemned.

(B) In no event shall the aggregate amount of the withdrawal for all defendants be greater than the amount originally deposited by the municipality on its own motion.

(3) If any defendant claims that the amount withdrawn by any other defendant was wrongful or was excessive, the dispute shall be solely between the defendants.

(4) In any judgment against the municipality, the municipality shall receive full credit against all defendants for the amount deposited with the clerk or paid to the clerk after judgment.

Acts 1957, No. 269, § 10; A.S.A. 1947, § 35-916.
Ark. Code Ann. § 18-43-101 — AR Code / Title 18 / Chapter 43 / Section 18-43-101
Lien for production of labor
Status: in_force

All laborers who shall perform work and labor for any person under a written or verbal contract shall have an absolute lien on the production of their labor for the work and labor if unpaid for it. Acts 1868, No. 64, § 1, p. 176; C. & M. Dig., § 6848; Pope's Dig., § 8804; A.S.A. 1947, § 51-301.

All laborers who shall perform work and labor for any person under a written or verbal contract shall have an absolute lien on the production of their labor for the work and labor if unpaid for it.

Acts 1868, No. 64, § 1, p. 176; C. & M. Dig., § 6848; Pope's Dig., § 8804; A.S.A. 1947, § 51-301.
Ark. Code Ann. § 18-15-1003 — AR Code / Title 18 / Chapter 15 / Subchapter 10 / Section 18-15-1003
Appraisers
Status: in_force

(a) (1) Circuit judges of all counties in which it becomes necessary to condemn right-of-way for the purpose of constructing levees, ditches, drains, or canals, upon the application of the president or secretary of any levee or drainage district, shall appoint three (3) disinterested resident landholders of the county, to be known as appraisers, to assess damages for the appropriation of land for levee and drainage purposes. (2) The appraisers shall hold their offices for the term of one (1) year and until their successors are duly appointed and qualified. In the event of a vacancy in the office or the removal by an appraiser from the county for which he or she was appointed, then it shall be the duty of the circuit judge, as soon as notified of the vacancy, to fill the unexpired term of the office by appointment. (3) The appointment shall be made in writing by the circuit judge of the county in which it is necessary to construct a levee, ditch, canal, or drain and shall be filed with the circuit court clerk by the judge, who shall record the appointment in a book to be kept by him or her for that purpose. (b) (1) The appraisers shall each take an oath before the clerk of the circuit court in their respective counties that they will make a just and true award of the compensation to be paid any landholder, or other person. (2) The oath shall be recorded in the book provided for the record of the appointment of the appraisers and shall authorize the appraisers severally to enter upon the discharge of their respective duties. (c) The compensation shall be: (1) The cash market value of the lands appropriated or intended to be appropriated for either levee, drain, ditch, or canal purposes; (2) The damage resulting to other lands of the same tract or obstruction to natural drainage, not exceeding the cost of artificial drainage, and the inconvenience, if any, of crossing either the levees, ditches, canals, or drains, from one (1) portion of the tract of land to the other; and (3) The value of crops and houses on the right-of-way, or the cost of moving the houses. (d) (1) In the event one (1) or more of the appraisers who may be appointed under the provisions of this section shall be interested in any property to be condemned, the interested appraisers shall not act in the condemnation of the property. (2) If one (1) or more of the appraisers shall refuse or neglect to act, it shall be the duty of the circuit judge to appoint another appraiser, whose appointment shall be recorded the same as the regular appraiser and who shall take the same oath of office. Acts 1945, No. 177, § 2; A.S.A. 1947, § 35-1102.

(a) (1) Circuit judges of all counties in which it becomes necessary to condemn right-of-way for the purpose of constructing levees, ditches, drains, or canals, upon the application of the president or secretary of any levee or drainage district, shall appoint three (3) disinterested resident landholders of the county, to be known as appraisers, to assess damages for the appropriation of land for levee and drainage purposes. (2) The appraisers shall hold their offices for the term of one (1) year and until their successors are duly appointed and qualified. In the event of a vacancy in the office or the removal by an appraiser from the county for which he or she was appointed, then it shall be the duty of the circuit judge, as soon as notified of the vacancy, to fill the unexpired term of the office by appointment. (3) The appointment shall be made in writing by the circuit judge of the county in which it is necessary to construct a levee, ditch, canal, or drain and shall be filed with the circuit court clerk by the judge, who shall record the appointment in a book to be kept by him or her for that purpose.

(1) Circuit judges of all counties in which it becomes necessary to condemn right-of-way for the purpose of constructing levees, ditches, drains, or canals, upon the application of the president or secretary of any levee or drainage district, shall appoint three (3) disinterested resident landholders of the county, to be known as appraisers, to assess damages for the appropriation of land for levee and drainage purposes.

(2) The appraisers shall hold their offices for the term of one (1) year and until their successors are duly appointed and qualified. In the event of a vacancy in the office or the removal by an appraiser from the county for which he or she was appointed, then it shall be the duty of the circuit judge, as soon as notified of the vacancy, to fill the unexpired term of the office by appointment.

(3) The appointment shall be made in writing by the circuit judge of the county in which it is necessary to construct a levee, ditch, canal, or drain and shall be filed with the circuit court clerk by the judge, who shall record the appointment in a book to be kept by him or her for that purpose.

(b) (1) The appraisers shall each take an oath before the clerk of the circuit court in their respective counties that they will make a just and true award of the compensation to be paid any landholder, or other person. (2) The oath shall be recorded in the book provided for the record of the appointment of the appraisers and shall authorize the appraisers severally to enter upon the discharge of their respective duties.

(1) The appraisers shall each take an oath before the clerk of the circuit court in their respective counties that they will make a just and true award of the compensation to be paid any landholder, or other person.

(2) The oath shall be recorded in the book provided for the record of the appointment of the appraisers and shall authorize the appraisers severally to enter upon the discharge of their respective duties.

(c) The compensation shall be: (1) The cash market value of the lands appropriated or intended to be appropriated for either levee, drain, ditch, or canal purposes; (2) The damage resulting to other lands of the same tract or obstruction to natural drainage, not exceeding the cost of artificial drainage, and the inconvenience, if any, of crossing either the levees, ditches, canals, or drains, from one (1) portion of the tract of land to the other; and (3) The value of crops and houses on the right-of-way, or the cost of moving the houses.

(1) The cash market value of the lands appropriated or intended to be appropriated for either levee, drain, ditch, or canal purposes;

(2) The damage resulting to other lands of the same tract or obstruction to natural drainage, not exceeding the cost of artificial drainage, and the inconvenience, if any, of crossing either the levees, ditches, canals, or drains, from one (1) portion of the tract of land to the other; and

(3) The value of crops and houses on the right-of-way, or the cost of moving the houses.

(d) (1) In the event one (1) or more of the appraisers who may be appointed under the provisions of this section shall be interested in any property to be condemned, the interested appraisers shall not act in the condemnation of the property. (2) If one (1) or more of the appraisers shall refuse or neglect to act, it shall be the duty of the circuit judge to appoint another appraiser, whose appointment shall be recorded the same as the regular appraiser and who shall take the same oath of office.

(1) In the event one (1) or more of the appraisers who may be appointed under the provisions of this section shall be interested in any property to be condemned, the interested appraisers shall not act in the condemnation of the property.

(2) If one (1) or more of the appraisers shall refuse or neglect to act, it shall be the duty of the circuit judge to appoint another appraiser, whose appointment shall be recorded the same as the regular appraiser and who shall take the same oath of office.

Acts 1945, No. 177, § 2; A.S.A. 1947, § 35-1102.
Ark. Code Ann. § 18-28-216 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-216
Action to establish claim
Status: in_force

A person aggrieved by a decision of the administrator or whose claim has not been acted upon within ninety (90) days after its filing may maintain an original action to establish the claim in the Pulaski County Circuit Court, naming the administrator as a defendant. If the aggrieved person establishes the claim in an action against the administrator, the court may award the claimant reasonable attorney's fees. Acts 1999, No. 850, § 16.

A person aggrieved by a decision of the administrator or whose claim has not been acted upon within ninety (90) days after its filing may maintain an original action to establish the claim in the Pulaski County Circuit Court, naming the administrator as a defendant. If the aggrieved person establishes the claim in an action against the administrator, the court may award the claimant reasonable attorney's fees.

Acts 1999, No. 850, § 16.
Ark. Code Ann. § 18-15-801 — AR Code / Title 18 / Chapter 15 / Subchapter 8 / Section 18-15-801
Navigation companies connecting streams by railroad - Private purchases permitted
Status: in_force

Nothing in §§ 18-15-802 - 18-15-806 shall prevent a company from making private contracts and purchases of lands from such owners as may be most agreeable to both parties. Acts 1869 (Adj. Sess.), No. 48, § 10, p. 102; C. & M. Dig., § 1756; A.S.A. 1947, § 35-710.

Nothing in §§ 18-15-802 - 18-15-806 shall prevent a company from making private contracts and purchases of lands from such owners as may be most agreeable to both parties.

Acts 1869 (Adj. Sess.), No. 48, § 10, p. 102; C. & M. Dig., § 1756; A.S.A. 1947, § 35-710.
Ark. Code Ann. § 18-60-704 — AR Code / Title 18 / Chapter 60 / Subchapter 7 / Section 18-60-704
Publication of notice
Status: in_force

Upon the filing of the petition, the clerk of the court shall publish for four (4) weeks in some weekly newspaper published in the county a notice of the filing of the petition, describing the lands and the alleged conveyance to the railroad as set forth in the petition, and calling upon all persons claiming any interest in the lands to appear at the next term of the circuit court of the county and show cause, if they can, why the title of the petitioner should not be confirmed and quieted in him or her as against the railroad, its successors and assigns, and the alleged grantor, his or her heirs and assigns, and all others claiming by, through, or under them, or either of them. Acts 1911, No. 267, § 3; C. & M. Dig., § 8376; Pope's Dig., § 10972; A.S.A. 1947, § 34-1915.

Upon the filing of the petition, the clerk of the court shall publish for four (4) weeks in some weekly newspaper published in the county a notice of the filing of the petition, describing the lands and the alleged conveyance to the railroad as set forth in the petition, and calling upon all persons claiming any interest in the lands to appear at the next term of the circuit court of the county and show cause, if they can, why the title of the petitioner should not be confirmed and quieted in him or her as against the railroad, its successors and assigns, and the alleged grantor, his or her heirs and assigns, and all others claiming by, through, or under them, or either of them.

Acts 1911, No. 267, § 3; C. & M. Dig., § 8376; Pope's Dig., § 10972; A.S.A. 1947, § 34-1915.
Ark. Code Ann. § 18-3-107 — AR Code / Title 18 / Chapter 3 / Section 18-3-107
[Repealed]
Status: repealed

Repealed by Act 2023, No. 719,§ 5, eff. 8/1/2023. Acts 2007, No. 240, § 1.

Repealed by Act 2023, No. 719,§ 5, eff. 8/1/2023.

Acts 2007, No. 240, § 1.
Ark. Code Ann. § 18-45-301 — AR Code / Title 18 / Chapter 45 / Subchapter 3 / Section 18-45-301
Right of lien
Status: in_force

Any person, firm, or corporation engaged in the business of repairing, rewinding, or rebuilding of electric motors, transformers, generators, and other electrical equipment who shall perform any work or labor on any object, thing, material, or property in connection with the businesses mentioned in this section shall have an absolute lien on the object, thing, material, or property for the full amount of the work or labor done or performed and material furnished. Acts 1939, No. 61, § 1; A.S.A. 1947, § 51-413.

Any person, firm, or corporation engaged in the business of repairing, rewinding, or rebuilding of electric motors, transformers, generators, and other electrical equipment who shall perform any work or labor on any object, thing, material, or property in connection with the businesses mentioned in this section shall have an absolute lien on the object, thing, material, or property for the full amount of the work or labor done or performed and material furnished.

Acts 1939, No. 61, § 1; A.S.A. 1947, § 51-413.
Ark. Code Ann. § 18-15-103 — AR Code / Title 18 / Chapter 15 / Subchapter 1 / Section 18-15-103
Bill of rights - Property owner
Status: in_force

(a) The principles expressed in subsection (b) of this section shall serve as standards to be followed in any proceeding that involves an entity authorized by law to exercise the power of eminent domain. (b) An owner of property subject to a proceeding to condemn private property under the right of eminent domain shall have the following bill of rights: (1) A property owner is entitled to receive just compensation when private property is taken for a public use; (2) Private property may only be taken for public use; (3) Private property may only be taken by a governmental entity or a private entity authorized by law to exercise the power of eminent domain; (4) A property owner has the right to receive reasonable notification of an entity's interest in taking the property owner's private property; (5) (A) A property owner shall receive from the government or private entity an assessment of the just compensation the entity estimates for the property owner's private property before or contemporaneously with a good faith offer of just compensation. (B) However, when a property owner cannot be located and must be served by warning order, a filing of the assessment with the complaint for condemnation shall be sufficient compliance with subdivision (b)(5)(A) of this section; (6) An entity shall make a written good faith offer to buy the property owner's private property before initiating a condemnation proceeding; (7) A property owner has the right to hire an appraiser or other independent professional to determine the value of the private property or to assist the property owner in a condemnation proceeding; (8) A property owner has the right to hire an attorney to represent the property owner in a condemnation proceeding and negotiate on behalf of the property owner with the entity; (9) In a proceeding to condemn private property under the right of eminent domain, the circuit court shall impanel a jury of twelve (12) persons as in civil cases to determine the just compensation the government or private entity owes the property owner; (10) Any party has the right to appeal a decision entered by the circuit court under subdivision (b)(9) of this section; and (11) (A) Except as provided in subdivision (b)(11)(B) of this section, in a condemnation brought under the laws of this state, a property owner shall be entitled to an award of the property owner's costs, expenses, and reasonable attorney's fees incurred in preparing and conducting the final hearing and adjudication, including without limitation the cost of appraisals and fees for experts if the compensation ultimately awarded exceeds the condemning entity's written good faith offer required under subdivision (b)(6) of this section by twenty percent (20%) or more. (B) An award of costs, expenses, and attorney's fees in a condemnation action brought by a county or municipality is governed by the laws that authorize the condemnation action. Amended by Act 2017, No. 731,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 731,§ 1, eff. 8/1/2017. Added by Act 2015, No. 1101,§ 1, eff. 7/22/2015.

(a) The principles expressed in subsection (b) of this section shall serve as standards to be followed in any proceeding that involves an entity authorized by law to exercise the power of eminent domain.

(b) An owner of property subject to a proceeding to condemn private property under the right of eminent domain shall have the following bill of rights: (1) A property owner is entitled to receive just compensation when private property is taken for a public use; (2) Private property may only be taken for public use; (3) Private property may only be taken by a governmental entity or a private entity authorized by law to exercise the power of eminent domain; (4) A property owner has the right to receive reasonable notification of an entity's interest in taking the property owner's private property; (5) (A) A property owner shall receive from the government or private entity an assessment of the just compensation the entity estimates for the property owner's private property before or contemporaneously with a good faith offer of just compensation. (B) However, when a property owner cannot be located and must be served by warning order, a filing of the assessment with the complaint for condemnation shall be sufficient compliance with subdivision (b)(5)(A) of this section; (6) An entity shall make a written good faith offer to buy the property owner's private property before initiating a condemnation proceeding; (7) A property owner has the right to hire an appraiser or other independent professional to determine the value of the private property or to assist the property owner in a condemnation proceeding; (8) A property owner has the right to hire an attorney to represent the property owner in a condemnation proceeding and negotiate on behalf of the property owner with the entity; (9) In a proceeding to condemn private property under the right of eminent domain, the circuit court shall impanel a jury of twelve (12) persons as in civil cases to determine the just compensation the government or private entity owes the property owner; (10) Any party has the right to appeal a decision entered by the circuit court under subdivision (b)(9) of this section; and (11) (A) Except as provided in subdivision (b)(11)(B) of this section, in a condemnation brought under the laws of this state, a property owner shall be entitled to an award of the property owner's costs, expenses, and reasonable attorney's fees incurred in preparing and conducting the final hearing and adjudication, including without limitation the cost of appraisals and fees for experts if the compensation ultimately awarded exceeds the condemning entity's written good faith offer required under subdivision (b)(6) of this section by twenty percent (20%) or more. (B) An award of costs, expenses, and attorney's fees in a condemnation action brought by a county or municipality is governed by the laws that authorize the condemnation action.

(1) A property owner is entitled to receive just compensation when private property is taken for a public use;

(2) Private property may only be taken for public use;

(3) Private property may only be taken by a governmental entity or a private entity authorized by law to exercise the power of eminent domain;

(4) A property owner has the right to receive reasonable notification of an entity's interest in taking the property owner's private property;

(5) (A) A property owner shall receive from the government or private entity an assessment of the just compensation the entity estimates for the property owner's private property before or contemporaneously with a good faith offer of just compensation. (B) However, when a property owner cannot be located and must be served by warning order, a filing of the assessment with the complaint for condemnation shall be sufficient compliance with subdivision (b)(5)(A) of this section;

(A) A property owner shall receive from the government or private entity an assessment of the just compensation the entity estimates for the property owner's private property before or contemporaneously with a good faith offer of just compensation.

(B) However, when a property owner cannot be located and must be served by warning order, a filing of the assessment with the complaint for condemnation shall be sufficient compliance with subdivision (b)(5)(A) of this section;

(6) An entity shall make a written good faith offer to buy the property owner's private property before initiating a condemnation proceeding;

(7) A property owner has the right to hire an appraiser or other independent professional to determine the value of the private property or to assist the property owner in a condemnation proceeding;

(8) A property owner has the right to hire an attorney to represent the property owner in a condemnation proceeding and negotiate on behalf of the property owner with the entity;

(9) In a proceeding to condemn private property under the right of eminent domain, the circuit court shall impanel a jury of twelve (12) persons as in civil cases to determine the just compensation the government or private entity owes the property owner;

(10) Any party has the right to appeal a decision entered by the circuit court under subdivision (b)(9) of this section; and

(11) (A) Except as provided in subdivision (b)(11)(B) of this section, in a condemnation brought under the laws of this state, a property owner shall be entitled to an award of the property owner's costs, expenses, and reasonable attorney's fees incurred in preparing and conducting the final hearing and adjudication, including without limitation the cost of appraisals and fees for experts if the compensation ultimately awarded exceeds the condemning entity's written good faith offer required under subdivision (b)(6) of this section by twenty percent (20%) or more. (B) An award of costs, expenses, and attorney's fees in a condemnation action brought by a county or municipality is governed by the laws that authorize the condemnation action.

(A) Except as provided in subdivision (b)(11)(B) of this section, in a condemnation brought under the laws of this state, a property owner shall be entitled to an award of the property owner's costs, expenses, and reasonable attorney's fees incurred in preparing and conducting the final hearing and adjudication, including without limitation the cost of appraisals and fees for experts if the compensation ultimately awarded exceeds the condemning entity's written good faith offer required under subdivision (b)(6) of this section by twenty percent (20%) or more.

(B) An award of costs, expenses, and attorney's fees in a condemnation action brought by a county or municipality is governed by the laws that authorize the condemnation action.

Amended by Act 2017, No. 731,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 731,§ 1, eff. 8/1/2017.

Added by Act 2015, No. 1101,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 18-12-609 — AR Code / Title 18 / Chapter 12 / Subchapter 6 / Section 18-12-609
Marketability of real property sold at tax sales
Status: in_force

(a) The title to any real property located within the State of Arkansas based upon a deed resulting from a delinquent tax sale is marketable if: (1) The tax deed has been of record for more than fifteen (15) years; (2) Any taxes due have been paid by the tax deed grantee or the heirs or successors of the tax deed grantee for more than fifteen (15) years; (3) No claim of adverse possession of the real property has been asserted or filed of record since the recording of the tax deed; and (4) The taxes for which the tax deed was issued had not been paid before the tax deed was executed and delivered to the tax deed grantee. (b) This section shall not be subject to the additional time to challenge a tax deed given to minors, persons suffering a mental incapacity, or persons serving in the United States Armed Forces during a time of war under § 26-37-203(b) . (c) (1) Nothing in this section shall preclude a judicial action to confirm a tax sale or quiet the title to any real property located within this state prior to the time that the title to the real property is considered marketable under subsection (a) of this section. (2) A judicial action to confirm the tax sale or quiet title to real property located in this state eliminates any additional time to redeem the real property or challenge a tax deed under § 26-37-203 or § 26-37-305 . (d) This section shall not apply to a tax sale of a severed mineral interest. Amended by Act 2015, No. 683,§ 1, eff. 7/22/2015. Acts 2005, No. 2270, § 1.

(a) The title to any real property located within the State of Arkansas based upon a deed resulting from a delinquent tax sale is marketable if: (1) The tax deed has been of record for more than fifteen (15) years; (2) Any taxes due have been paid by the tax deed grantee or the heirs or successors of the tax deed grantee for more than fifteen (15) years; (3) No claim of adverse possession of the real property has been asserted or filed of record since the recording of the tax deed; and (4) The taxes for which the tax deed was issued had not been paid before the tax deed was executed and delivered to the tax deed grantee.

(1) The tax deed has been of record for more than fifteen (15) years;

(2) Any taxes due have been paid by the tax deed grantee or the heirs or successors of the tax deed grantee for more than fifteen (15) years;

(3) No claim of adverse possession of the real property has been asserted or filed of record since the recording of the tax deed; and

(4) The taxes for which the tax deed was issued had not been paid before the tax deed was executed and delivered to the tax deed grantee.

(b) This section shall not be subject to the additional time to challenge a tax deed given to minors, persons suffering a mental incapacity, or persons serving in the United States Armed Forces during a time of war under § 26-37-203(b) .

(c) (1) Nothing in this section shall preclude a judicial action to confirm a tax sale or quiet the title to any real property located within this state prior to the time that the title to the real property is considered marketable under subsection (a) of this section. (2) A judicial action to confirm the tax sale or quiet title to real property located in this state eliminates any additional time to redeem the real property or challenge a tax deed under § 26-37-203 or § 26-37-305 .

(1) Nothing in this section shall preclude a judicial action to confirm a tax sale or quiet the title to any real property located within this state prior to the time that the title to the real property is considered marketable under subsection (a) of this section.

(2) A judicial action to confirm the tax sale or quiet title to real property located in this state eliminates any additional time to redeem the real property or challenge a tax deed under § 26-37-203 or § 26-37-305 .

(d) This section shall not apply to a tax sale of a severed mineral interest.

Amended by Act 2015, No. 683,§ 1, eff. 7/22/2015.

Acts 2005, No. 2270, § 1.
Ark. Code Ann. § 18-4-203 — AR Code / Title 18 / Chapter 4 / Section 18-4-203
Tolling of civil actions
Status: in_force

If a criminal proceeding is brought against a person to establish the person's guilt concerning the unlawful killing of the decedent, a civil action that involves an issue of whether the person unlawfully killed the decedent may be brought within one (1) year after a final determination is made in the criminal proceeding, including a determination concerning the person's: (1) Mental capacity under § 5-2-312 or § 5-2-313 or similar provisions of another state's law; or (2) Fitness to proceed under § 5-2-309 or a similar provision of another state's law. Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.

If a criminal proceeding is brought against a person to establish the person's guilt concerning the unlawful killing of the decedent, a civil action that involves an issue of whether the person unlawfully killed the decedent may be brought within one (1) year after a final determination is made in the criminal proceeding, including a determination concerning the person's:

(1) Mental capacity under § 5-2-312 or § 5-2-313 or similar provisions of another state's law; or

(2) Fitness to proceed under § 5-2-309 or a similar provision of another state's law.

Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 18-15-1007 — AR Code / Title 18 / Chapter 15 / Subchapter 10 / Section 18-15-1007
Refusal to pay award upon abandonment of line
Status: in_force

Any levee or drainage district may refuse to pay the award which may have been made by any board or appraisers provided for in this section, §§ 18-15-1001 - 18-15-1006 , and §§ 18-15-1008 - 18-15-1010 , or the judgment of any court assessing the damages for right-of-way and may abandon the line and relocate the levee, drain, ditch, or canal without being liable for any award or judgment rendered in any proceeding for the condemnation of right-of-way, except as to the costs. Acts 1945, No. 177, § 5; A.S.A. 1947, § 35-1105.

Any levee or drainage district may refuse to pay the award which may have been made by any board or appraisers provided for in this section, §§ 18-15-1001 - 18-15-1006 , and §§ 18-15-1008 - 18-15-1010 , or the judgment of any court assessing the damages for right-of-way and may abandon the line and relocate the levee, drain, ditch, or canal without being liable for any award or judgment rendered in any proceeding for the condemnation of right-of-way, except as to the costs.

Acts 1945, No. 177, § 5; A.S.A. 1947, § 35-1105.
Ark. Code Ann. § 18-29-201 — AR Code / Title 18 / Chapter 29 / Subchapter 2 / Section 18-29-201
Definitions
Status: in_force

As used in this subchapter: (1) "Baby food" or "infant formula" means any food manufactured, packaged, and labeled specifically for sale for consumption by a child under the age of two (2) years; (2) "Medical device" means any instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, tool, or other similar or related article, including any component part or accessory, required under federal law to bear the label "Caution: Federal law requires dispensing by or on the order of a physician" or which is defined by federal law as a medical device and which is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention of disease in man or other animals or is intended to affect the structure or any function of the body of a human or other animals, which does not achieve any of its principal intended purposes through chemical action within or on the body of a human or other animals and which is not dependent upon being metabolized for achievement of any of its principal intended purposes; (3) "New and unused property" means tangible personal property that was acquired by the unused property merchant directly from the producer, manufacturer, wholesaler, or retailer in the ordinary course of business which has never been used since its production or manufacturing or which is in its original and unopened package or container, if the personal property was so packaged when originally produced or manufactured; (4) (A) "Nonprescription drug" and "over-the-counter drug" mean any nonnarcotic medicine or drug that may be sold without a prescription and is prepackaged for use by the consumer, prepared by the manufacturer or producer for use by the consumer, properly labeled and unadulterated in accordance with the requirements of the state food and drug laws and the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq. (B) The term "nonprescription drug" shall not include herbal products, dietary supplements, botanical extracts, or vitamins; (5) (A) "Unused property market" means any event at which: (i) Two (2) or more persons offer personal property for sale or exchange; (ii) A fee is charged for sale or exchange of personal property; (iii) A fee is charged to prospective buyers for admission to the area at which personal property is offered or displayed for sale or exchange; or (iv) Personal property is offered or displayed for sale or exchange if the event is held more than six (6) times in any twelve-month period, regardless of the number of persons offering or displaying personal property or the absence of fees. (B) (i) The term "unused property market" is interchangeable with and applicable to "swap meet", "indoor swap meet", "flea market", and other similar terms regardless of whether these events are held inside a building or outside in the open. (ii) The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. (C) The term "unused property market" does not mean and shall not apply to: (i) An event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of personal property, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event; or (ii) Any event at which all of the personal property offered for sale or displayed is new and all persons selling, exchanging, or offering or displaying personal property for sale or exchange are manufacturers or authorized representatives of manufacturers or distributors; and (6) "Unused property merchant" means any person, other than a vendor or merchant with an established retail store in the county, who transports an inventory of goods to a building, vacant lot, or other unused property market location and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail. Acts 1999, No. 1350, § 1.

As used in this subchapter:

(1) "Baby food" or "infant formula" means any food manufactured, packaged, and labeled specifically for sale for consumption by a child under the age of two (2) years;

(2) "Medical device" means any instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, tool, or other similar or related article, including any component part or accessory, required under federal law to bear the label "Caution: Federal law requires dispensing by or on the order of a physician" or which is defined by federal law as a medical device and which is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention of disease in man or other animals or is intended to affect the structure or any function of the body of a human or other animals, which does not achieve any of its principal intended purposes through chemical action within or on the body of a human or other animals and which is not dependent upon being metabolized for achievement of any of its principal intended purposes;

(3) "New and unused property" means tangible personal property that was acquired by the unused property merchant directly from the producer, manufacturer, wholesaler, or retailer in the ordinary course of business which has never been used since its production or manufacturing or which is in its original and unopened package or container, if the personal property was so packaged when originally produced or manufactured;

(4) (A) "Nonprescription drug" and "over-the-counter drug" mean any nonnarcotic medicine or drug that may be sold without a prescription and is prepackaged for use by the consumer, prepared by the manufacturer or producer for use by the consumer, properly labeled and unadulterated in accordance with the requirements of the state food and drug laws and the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq. (B) The term "nonprescription drug" shall not include herbal products, dietary supplements, botanical extracts, or vitamins;

(A) "Nonprescription drug" and "over-the-counter drug" mean any nonnarcotic medicine or drug that may be sold without a prescription and is prepackaged for use by the consumer, prepared by the manufacturer or producer for use by the consumer, properly labeled and unadulterated in accordance with the requirements of the state food and drug laws and the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq.

(B) The term "nonprescription drug" shall not include herbal products, dietary supplements, botanical extracts, or vitamins;

(5) (A) "Unused property market" means any event at which: (i) Two (2) or more persons offer personal property for sale or exchange; (ii) A fee is charged for sale or exchange of personal property; (iii) A fee is charged to prospective buyers for admission to the area at which personal property is offered or displayed for sale or exchange; or (iv) Personal property is offered or displayed for sale or exchange if the event is held more than six (6) times in any twelve-month period, regardless of the number of persons offering or displaying personal property or the absence of fees. (B) (i) The term "unused property market" is interchangeable with and applicable to "swap meet", "indoor swap meet", "flea market", and other similar terms regardless of whether these events are held inside a building or outside in the open. (ii) The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. (C) The term "unused property market" does not mean and shall not apply to: (i) An event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of personal property, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event; or (ii) Any event at which all of the personal property offered for sale or displayed is new and all persons selling, exchanging, or offering or displaying personal property for sale or exchange are manufacturers or authorized representatives of manufacturers or distributors; and

(A) "Unused property market" means any event at which: (i) Two (2) or more persons offer personal property for sale or exchange; (ii) A fee is charged for sale or exchange of personal property; (iii) A fee is charged to prospective buyers for admission to the area at which personal property is offered or displayed for sale or exchange; or (iv) Personal property is offered or displayed for sale or exchange if the event is held more than six (6) times in any twelve-month period, regardless of the number of persons offering or displaying personal property or the absence of fees.

(i) Two (2) or more persons offer personal property for sale or exchange;

(ii) A fee is charged for sale or exchange of personal property;

(iii) A fee is charged to prospective buyers for admission to the area at which personal property is offered or displayed for sale or exchange; or

(iv) Personal property is offered or displayed for sale or exchange if the event is held more than six (6) times in any twelve-month period, regardless of the number of persons offering or displaying personal property or the absence of fees.

(B) (i) The term "unused property market" is interchangeable with and applicable to "swap meet", "indoor swap meet", "flea market", and other similar terms regardless of whether these events are held inside a building or outside in the open. (ii) The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business.

(i) The term "unused property market" is interchangeable with and applicable to "swap meet", "indoor swap meet", "flea market", and other similar terms regardless of whether these events are held inside a building or outside in the open.

(ii) The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business.

(C) The term "unused property market" does not mean and shall not apply to: (i) An event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of personal property, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event; or (ii) Any event at which all of the personal property offered for sale or displayed is new and all persons selling, exchanging, or offering or displaying personal property for sale or exchange are manufacturers or authorized representatives of manufacturers or distributors; and

(i) An event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of personal property, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event; or

(ii) Any event at which all of the personal property offered for sale or displayed is new and all persons selling, exchanging, or offering or displaying personal property for sale or exchange are manufacturers or authorized representatives of manufacturers or distributors; and

(6) "Unused property merchant" means any person, other than a vendor or merchant with an established retail store in the county, who transports an inventory of goods to a building, vacant lot, or other unused property market location and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail.

Acts 1999, No. 1350, § 1.
Ark. Code Ann. § 18-60-810 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-810
Affidavit for replevin
Status: in_force

(a) An order for the delivery of property to the plaintiff shall be made by the clerk when there is filed in his or her office an affidavit of the plaintiff, or of someone in his or her behalf, showing: (1) A particular description of the property claimed; (2) Its actual value and the damages which the affiant believes the plaintiff ought to recover for the detention thereof; (3) That the plaintiff is the owner of the property or has a special ownership or interest therein, stating the facts in relation thereto, and that he or she is entitled to the immediate possession of the property; (4) That the property is wrongfully detained by the defendant, with the alleged cause of the detention thereof, according to the best knowledge, information, and belief of the affiant; (5) That it has not been taken for a tax or fine against the plaintiff, or under any order or judgment of a court against him or her, or seized under an execution or attachment against his or her property, or, if so seized, that it is by statute exempt from seizure; (6) That the plaintiff's cause of action has accrued within three (3) years; and (7) When the action is brought to recover property taken under an execution, the fact of the taking and the nature of the process under which it was done. (b) When the delivery of several articles of property is claimed, the affidavit must state the value of each. Civil Code, §§ 203, 204; Acts 1871, No. 48, § 1 [203], p. 219; 1887, No. 29, § 1, p. 31; C. & M. Dig., §§ 8640, 8641; Pope's Dig., §§ 11373, 11374; A.S.A. 1947, §§ 34-2102, 34-2103.

(a) An order for the delivery of property to the plaintiff shall be made by the clerk when there is filed in his or her office an affidavit of the plaintiff, or of someone in his or her behalf, showing: (1) A particular description of the property claimed; (2) Its actual value and the damages which the affiant believes the plaintiff ought to recover for the detention thereof; (3) That the plaintiff is the owner of the property or has a special ownership or interest therein, stating the facts in relation thereto, and that he or she is entitled to the immediate possession of the property; (4) That the property is wrongfully detained by the defendant, with the alleged cause of the detention thereof, according to the best knowledge, information, and belief of the affiant; (5) That it has not been taken for a tax or fine against the plaintiff, or under any order or judgment of a court against him or her, or seized under an execution or attachment against his or her property, or, if so seized, that it is by statute exempt from seizure; (6) That the plaintiff's cause of action has accrued within three (3) years; and (7) When the action is brought to recover property taken under an execution, the fact of the taking and the nature of the process under which it was done.

(1) A particular description of the property claimed;

(2) Its actual value and the damages which the affiant believes the plaintiff ought to recover for the detention thereof;

(3) That the plaintiff is the owner of the property or has a special ownership or interest therein, stating the facts in relation thereto, and that he or she is entitled to the immediate possession of the property;

(4) That the property is wrongfully detained by the defendant, with the alleged cause of the detention thereof, according to the best knowledge, information, and belief of the affiant;

(5) That it has not been taken for a tax or fine against the plaintiff, or under any order or judgment of a court against him or her, or seized under an execution or attachment against his or her property, or, if so seized, that it is by statute exempt from seizure;

(6) That the plaintiff's cause of action has accrued within three (3) years; and

(7) When the action is brought to recover property taken under an execution, the fact of the taking and the nature of the process under which it was done.

(b) When the delivery of several articles of property is claimed, the affidavit must state the value of each.

Civil Code, §§ 203, 204; Acts 1871, No. 48, § 1 [203], p. 219; 1887, No. 29, § 1, p. 31; C. & M. Dig., §§ 8640, 8641; Pope's Dig., §§ 11373, 11374; A.S.A. 1947, §§ 34-2102, 34-2103.
Ark. Code Ann. § 18-60-104 — AR Code / Title 18 / Chapter 60 / Subchapter 1 / Section 18-60-104
Leaving enclosure open
Status: in_force

If any person shall voluntarily throw down or open any doors, bars, gates, or fences and leave them down or open, other than those that lead into his or her own enclosure, he or she shall pay the party injured the sum of five dollars ($5.00) for each offense and double the amount of damages the parties may sustain by reason of the doors, bars, gates, or fences being thrown open or down, with costs. Rev. Stat., ch. 153, § 2; C. & M. Dig., § 10321; Pope's Dig., § 5773; A.S.A. 1947, § 50-106.

If any person shall voluntarily throw down or open any doors, bars, gates, or fences and leave them down or open, other than those that lead into his or her own enclosure, he or she shall pay the party injured the sum of five dollars ($5.00) for each offense and double the amount of damages the parties may sustain by reason of the doors, bars, gates, or fences being thrown open or down, with costs.

Rev. Stat., ch. 153, § 2; C. & M. Dig., § 10321; Pope's Dig., § 5773; A.S.A. 1947, § 50-106.