Ark. Code Ann. § 18-15-308 — AR Code / Title 18 / Chapter 15 / Subchapter 3 / Section 18-15-308
Amount of award
Status: in_force

(a) In the event of the condemnation by a competent authority, for any public use or purpose, of all or substantially all of any land, buildings, or facilities acquired or constructed in whole or in part with the proceeds of revenue bonds issued under the provisions of the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq., the condemnation award must be at least sufficient in amount to cover the expenses of the condemnation proceeding and to cover the principal of all of the revenue bonds then outstanding and interest to the next interest payment date thereafter that all the bonds may be called for redemption prior to maturity, together with redemption premiums, if any, paying agent's fees, and all other costs of redemption of the revenue bonds. (b) For the purposes of this section, the words "all or substantially all" shall be deemed to mean a taking of all of the land, buildings, or facilities or a taking of such a portion thereof that the manufacturing operations being conducted on and in the land, buildings, or facilities cannot, after the taking, be conducted in the remainder in substantially the same manner as before. Acts 1961, No. 55, § 1; A.S.A. 1947, § 35-918.

(a) In the event of the condemnation by a competent authority, for any public use or purpose, of all or substantially all of any land, buildings, or facilities acquired or constructed in whole or in part with the proceeds of revenue bonds issued under the provisions of the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq., the condemnation award must be at least sufficient in amount to cover the expenses of the condemnation proceeding and to cover the principal of all of the revenue bonds then outstanding and interest to the next interest payment date thereafter that all the bonds may be called for redemption prior to maturity, together with redemption premiums, if any, paying agent's fees, and all other costs of redemption of the revenue bonds.

(b) For the purposes of this section, the words "all or substantially all" shall be deemed to mean a taking of all of the land, buildings, or facilities or a taking of such a portion thereof that the manufacturing operations being conducted on and in the land, buildings, or facilities cannot, after the taking, be conducted in the remainder in substantially the same manner as before.

Acts 1961, No. 55, § 1; A.S.A. 1947, § 35-918.
Ark. Code Ann. § 18-47-207 — AR Code / Title 18 / Chapter 47 / Subchapter 2 / Section 18-47-207
Short title
Status: in_force

This subchapter may be cited as the "Uniform Federal Lien Registration Act". Acts 1989, No. 835, § 7.

This subchapter may be cited as the "Uniform Federal Lien Registration Act".

Acts 1989, No. 835, § 7.
Ark. Code Ann. § 18-15-904 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-904
Petition to specify land
Status: in_force

All petitions for the laying out and establishment of public landings shall specify the land which is sought to be made a public landing. Acts 1909, No. 307, § 3, p. 916; C. & M. Dig., § 4060; Pope's Dig., § 5063; A.S.A. 1947, § 35-1003.

All petitions for the laying out and establishment of public landings shall specify the land which is sought to be made a public landing.

Acts 1909, No. 307, § 3, p. 916; C. & M. Dig., § 4060; Pope's Dig., § 5063; A.S.A. 1947, § 35-1003.
Ark. Code Ann. § 18-14-104 — AR Code / Title 18 / Chapter 14 / Subchapter 1 / Section 18-14-104
Legal status of time-share estates
Status: in_force

(a) (1) A time-share estate is an estate in real property and has the character and incidents of an estate in fee simple at common law, including an estate for years with a remainder over in fee simple or an estate for years with no remainder if a leasehold. (2) This section supersedes any contrary rule at common law. (b) A document transferring or encumbering a time-share estate in real property shall not be rejected for recordation because of the nature or duration of that estate or interest. (c) For purposes of title, a time-share estate constitutes a separate estate or interest in property, except for real property tax purposes. Amended by Act 2013, No. 710,§ 1, eff. 8/16/2013. Acts 1983, No. 294, Art. 1, §§ 1-104, 1-105; A.S.A. 1947, §§ 50-1304, 50-1305.

(a) (1) A time-share estate is an estate in real property and has the character and incidents of an estate in fee simple at common law, including an estate for years with a remainder over in fee simple or an estate for years with no remainder if a leasehold. (2) This section supersedes any contrary rule at common law.

(1) A time-share estate is an estate in real property and has the character and incidents of an estate in fee simple at common law, including an estate for years with a remainder over in fee simple or an estate for years with no remainder if a leasehold.

(2) This section supersedes any contrary rule at common law.

(b) A document transferring or encumbering a time-share estate in real property shall not be rejected for recordation because of the nature or duration of that estate or interest.

(c) For purposes of title, a time-share estate constitutes a separate estate or interest in property, except for real property tax purposes.

Amended by Act 2013, No. 710,§ 1, eff. 8/16/2013.

Acts 1983, No. 294, Art. 1, §§ 1-104, 1-105; A.S.A. 1947, §§ 50-1304, 50-1305.
Ark. Code Ann. § 18-15-1705 — AR Code / Title 18 / Chapter 15 / Subchapter 17 / Section 18-15-1705
Cumulative remedies
Status: in_force

(a) The remedies provided under this subchapter are not exclusive and are in addition to other procedures or remedies provided by law. (b) A person shall not recover under this subchapter and also recover under another law or in an action at common law for the same economic loss. Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.

(a) The remedies provided under this subchapter are not exclusive and are in addition to other procedures or remedies provided by law.

(b) A person shall not recover under this subchapter and also recover under another law or in an action at common law for the same economic loss.

Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.
Ark. Code Ann. § 18-48-809 — AR Code / Title 18 / Chapter 48 / Subchapter 8 / Section 18-48-809
Priority of lien claims
Status: in_force

If perfected prior to the recording of a notice of claim of lien against proceeds, the following liens have priority over a lien created under this subchapter: (1) Statutory liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, including all advances or charges made or accruing under statutory liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, whether voluntary or obligatory; and (2) Modifications, extensions, renewals, and replacements to any of the liens listed in subdivision (1) of this section. Acts 2005, No. 1944, § 1.

If perfected prior to the recording of a notice of claim of lien against proceeds, the following liens have priority over a lien created under this subchapter:

(1) Statutory liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, including all advances or charges made or accruing under statutory liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, whether voluntary or obligatory; and

(2) Modifications, extensions, renewals, and replacements to any of the liens listed in subdivision (1) of this section.

Acts 2005, No. 1944, § 1.
Ark. Code Ann. § 18-14-504 — AR Code / Title 18 / Chapter 14 / Subchapter 5 / Section 18-14-504
Unfair acts or practices
Status: in_force

(a) It is unlawful for a person to offer by mail, telephone, electronic media, or in person a prize or gift, with the intent to offer a sales presentation for a time-share plan, without also disclosing in a clear and unequivocal way that there will be a sales presentation when making the offer of the prize or gift. (b) The following unfair acts or practices undertaken by, or omissions of, a person in the operation of a prize or gift promotional offer for a time-share plan are prohibited: (1) Failing to clearly and conspicuously disclose the rules, terms, and conditions of the promotional program, a description of the prizes offered, if any, and the date that the prize or gift offer will terminate or expire; (2) (A) Failing to disclose the retail value of the gift or prize and the odds of winning. (B) The person making the offer shall maintain a sufficient inventory of the gift or prize to be able to equal the reasonable response to the offer; (3) Failing to obtain the express written or oral consent of individuals before their names are used for a promotional purpose with a mailing to a third person; (4) (A) Failing to award and distribute at least one (1) of each prize or gift of the value and type represented in the promotional program by the day and year specified in the promotion. (B) If a promotion promises the award of a prescribed number of each prize, this number of prizes shall be awarded by the date and year specified in the promotion; or (5) Misrepresenting in any way the odds of receiving a prize or gifts or the rules, terms, or conditions of participation in the promotional program. Amended by Act 2013, No. 710,§ 5, eff. 8/16/2013. Acts 1983, No. 294, Art. 6, § 6-104; A.S.A. 1947, § 50-1337.

(a) It is unlawful for a person to offer by mail, telephone, electronic media, or in person a prize or gift, with the intent to offer a sales presentation for a time-share plan, without also disclosing in a clear and unequivocal way that there will be a sales presentation when making the offer of the prize or gift.

(b) The following unfair acts or practices undertaken by, or omissions of, a person in the operation of a prize or gift promotional offer for a time-share plan are prohibited: (1) Failing to clearly and conspicuously disclose the rules, terms, and conditions of the promotional program, a description of the prizes offered, if any, and the date that the prize or gift offer will terminate or expire; (2) (A) Failing to disclose the retail value of the gift or prize and the odds of winning. (B) The person making the offer shall maintain a sufficient inventory of the gift or prize to be able to equal the reasonable response to the offer; (3) Failing to obtain the express written or oral consent of individuals before their names are used for a promotional purpose with a mailing to a third person; (4) (A) Failing to award and distribute at least one (1) of each prize or gift of the value and type represented in the promotional program by the day and year specified in the promotion. (B) If a promotion promises the award of a prescribed number of each prize, this number of prizes shall be awarded by the date and year specified in the promotion; or (5) Misrepresenting in any way the odds of receiving a prize or gifts or the rules, terms, or conditions of participation in the promotional program.

(1) Failing to clearly and conspicuously disclose the rules, terms, and conditions of the promotional program, a description of the prizes offered, if any, and the date that the prize or gift offer will terminate or expire;

(2) (A) Failing to disclose the retail value of the gift or prize and the odds of winning. (B) The person making the offer shall maintain a sufficient inventory of the gift or prize to be able to equal the reasonable response to the offer;

(A) Failing to disclose the retail value of the gift or prize and the odds of winning.

(B) The person making the offer shall maintain a sufficient inventory of the gift or prize to be able to equal the reasonable response to the offer;

(3) Failing to obtain the express written or oral consent of individuals before their names are used for a promotional purpose with a mailing to a third person;

(4) (A) Failing to award and distribute at least one (1) of each prize or gift of the value and type represented in the promotional program by the day and year specified in the promotion. (B) If a promotion promises the award of a prescribed number of each prize, this number of prizes shall be awarded by the date and year specified in the promotion; or

(A) Failing to award and distribute at least one (1) of each prize or gift of the value and type represented in the promotional program by the day and year specified in the promotion.

(B) If a promotion promises the award of a prescribed number of each prize, this number of prizes shall be awarded by the date and year specified in the promotion; or

(5) Misrepresenting in any way the odds of receiving a prize or gifts or the rules, terms, or conditions of participation in the promotional program.

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

Acts 1983, No. 294, Art. 6, § 6-104; A.S.A. 1947, § 50-1337.
Ark. Code Ann. § 18-11-301 — AR Code / Title 18 / Chapter 11 / Subchapter 3 / Section 18-11-301
Purpose
Status: in_force

The purpose of this subchapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes. Acts 1965, No. 51, § 1; A.S.A. 1947, § 50-1101.

The purpose of this subchapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.

Acts 1965, No. 51, § 1; A.S.A. 1947, § 50-1101.
Ark. Code Ann. § 18-15-1106 — AR Code / Title 18 / Chapter 15 / Subchapter 11 / Section 18-15-1106
Construction and repair of bridges across canals
Status: in_force

(a) (1) Whenever any irrigation corporation in this state constructs its canals, ditches, conduits, aqueducts, pipeline, or any of its works across any public road or highway, or where any public road or highway crosses any irrigation canal or branches thereof, the irrigation corporation shall be required to build a good and sufficient bridge across the canal or branches thereof. The bridge shall be built under the direction of the county judge of the county in which the road crosses the canal or branch thereof. (2) The irrigation corporation shall keep in good repair all approaches to the bridge so that the elevation or depression of the approaches shall be no greater than one perpendicular foot (1') for every five feet (5') of horizontal distance. (b) This subchapter shall not apply to the following counties: Ashley, Bradley, Benton, Boone, Carroll, Chicot, Clark, Clay, Columbia, Conway, Crawford, Crittenden, Cross, Dallas, Desha, Drew, Franklin, Garland, Greene, Hempstead, Hot Spring, Howard, Independence, Izard, Johnson, Lafayette, Logan, Lonoke, Madison, Marion, Miller, Mississippi, Monroe, Montgomery, Newton, Ouachita, Phillips, Pike, Polk, Pope, Pulaski, Saline, Scott, Searcy, Sebastian, Union, Van Buren, Washington, White, Woodruff, and Yell. Acts 1909, No. 87, § 8, p. 234; 1953, No. 159, § 1; 1953, No. 407, § 1; A.S.A. 1947, § 35-1208.

(a) (1) Whenever any irrigation corporation in this state constructs its canals, ditches, conduits, aqueducts, pipeline, or any of its works across any public road or highway, or where any public road or highway crosses any irrigation canal or branches thereof, the irrigation corporation shall be required to build a good and sufficient bridge across the canal or branches thereof. The bridge shall be built under the direction of the county judge of the county in which the road crosses the canal or branch thereof. (2) The irrigation corporation shall keep in good repair all approaches to the bridge so that the elevation or depression of the approaches shall be no greater than one perpendicular foot (1') for every five feet (5') of horizontal distance.

(1) Whenever any irrigation corporation in this state constructs its canals, ditches, conduits, aqueducts, pipeline, or any of its works across any public road or highway, or where any public road or highway crosses any irrigation canal or branches thereof, the irrigation corporation shall be required to build a good and sufficient bridge across the canal or branches thereof. The bridge shall be built under the direction of the county judge of the county in which the road crosses the canal or branch thereof.

(2) The irrigation corporation shall keep in good repair all approaches to the bridge so that the elevation or depression of the approaches shall be no greater than one perpendicular foot (1') for every five feet (5') of horizontal distance.

(b) This subchapter shall not apply to the following counties: Ashley, Bradley, Benton, Boone, Carroll, Chicot, Clark, Clay, Columbia, Conway, Crawford, Crittenden, Cross, Dallas, Desha, Drew, Franklin, Garland, Greene, Hempstead, Hot Spring, Howard, Independence, Izard, Johnson, Lafayette, Logan, Lonoke, Madison, Marion, Miller, Mississippi, Monroe, Montgomery, Newton, Ouachita, Phillips, Pike, Polk, Pope, Pulaski, Saline, Scott, Searcy, Sebastian, Union, Van Buren, Washington, White, Woodruff, and Yell.

Acts 1909, No. 87, § 8, p. 234; 1953, No. 159, § 1; 1953, No. 407, § 1; A.S.A. 1947, § 35-1208.
Ark. Code Ann. § 18-60-505 — AR Code / Title 18 / Chapter 60 / Subchapter 5 / Section 18-60-505
Proof
Status: in_force

(a) After proof of publication of the notice as stated in § 18-60-503 has been filed, the court shall require the petitioner to prove all the allegations of the petition. (b) Proof may be by depositions or by testimony ore tenus at the bar of the court. Acts 1899, No. 79, § 4, p. 133; C. & M. Dig., § 8367; Pope's Dig., § 10963; Acts 1975, No. 459, § 1; A.S.A. 1947, § 34-1906.

(a) After proof of publication of the notice as stated in § 18-60-503 has been filed, the court shall require the petitioner to prove all the allegations of the petition.

(b) Proof may be by depositions or by testimony ore tenus at the bar of the court.

Acts 1899, No. 79, § 4, p. 133; C. & M. Dig., § 8367; Pope's Dig., § 10963; Acts 1975, No. 459, § 1; A.S.A. 1947, § 34-1906.
Ark. Code Ann. § 18-16-503 — AR Code / Title 18 / Chapter 16 / Subchapter 5 / Section 18-16-503
Complaint - Jurisdiction - Definition
Status: in_force

(a) The prosecuting attorney of the county, the city attorney of the city, the landlord, the premises owner, or the agent for the premises owner may file a complaint in the office of the clerk of the court for the eviction of any tenant who has used or has allowed another person to use the tenant's leased premises for use as a common nuisance as defined by § 5-74-109(b) or § 16-105-402 or for a criminal offense as identified in § 18-16-502 . (b) A civil action under this subchapter is cognizable before the: (1) Circuit court of any county in which an act described in § 18-16-501 or § 18-16-502 is committed; and (2) District court with jurisdiction concurrent with the jurisdiction of the circuit court if permitted by rule or order of the Supreme Court. (c) As used in this subchapter, "court" means: (1) A circuit court; and (2) If permitted by rule or order of the Supreme Court, a district court. Acts 2009, No. 464, § 1.

(a) The prosecuting attorney of the county, the city attorney of the city, the landlord, the premises owner, or the agent for the premises owner may file a complaint in the office of the clerk of the court for the eviction of any tenant who has used or has allowed another person to use the tenant's leased premises for use as a common nuisance as defined by § 5-74-109(b) or § 16-105-402 or for a criminal offense as identified in § 18-16-502 .

(b) A civil action under this subchapter is cognizable before the: (1) Circuit court of any county in which an act described in § 18-16-501 or § 18-16-502 is committed; and (2) District court with jurisdiction concurrent with the jurisdiction of the circuit court if permitted by rule or order of the Supreme Court.

(1) Circuit court of any county in which an act described in § 18-16-501 or § 18-16-502 is committed; and

(2) District court with jurisdiction concurrent with the jurisdiction of the circuit court if permitted by rule or order of the Supreme Court.

(c) As used in this subchapter, "court" means: (1) A circuit court; and (2) If permitted by rule or order of the Supreme Court, a district court.

(1) A circuit court; and

(2) If permitted by rule or order of the Supreme Court, a district court.

Acts 2009, No. 464, § 1.
Ark. Code Ann. § 18-44-502 — AR Code / Title 18 / Chapter 44 / Subchapter 5 / Section 18-44-502
Exemption
Status: in_force

This subchapter shall not apply to any contract executed by the Arkansas Department of Transportation. Amended by Act 2017, No. 707,§ 40, eff. 8/1/2017. Acts 1953, No. 351, § 7; A.S.A. 1947, § 51-638.

This subchapter shall not apply to any contract executed by the Arkansas Department of Transportation.

Amended by Act 2017, No. 707,§ 40, eff. 8/1/2017.

Acts 1953, No. 351, § 7; A.S.A. 1947, § 51-638.
Ark. Code Ann. § 18-60-420 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-420
Sale of land not susceptible to division
Status: in_force

(a) If the commissioners appointed under this subchapter report to the court that all or part of the land or tenements of which partition had been directed are so situated that partition cannot be made without great prejudice to the owners of the land or tenements, the court may, if satisfied that the report is just and correct, make an order that the commissioners sell all or part of the land or tenements: (1) At public auction to the highest bidder; or (2) By a negotiated sale under terms and conditions established by the court, including without limitation by engaging a licensed real estate broker to sell the land or tenements. (b) The court making the order of sale shall therein direct the terms and conditions, time and place of sale, the credit, if any, and the security to be taken. (c) The commissioners shall give notice of the time and place and terms of any sale to be made by them, in accordance with the order of the court directing the sale. (d) (1) If the premises consist of distinct farms, buildings, tracts, or lots of land, they shall be sold separately. (2) When any tract of land or lot can be divided for the purpose of sale, with advantage to the parties interested, it may be so divided and sold in parcels. Amended by Act 2013, No. 1184,§ 2, eff. 4/12/2013. Rev. Stat., ch. 107, §§ 23-26; C. & M. Dig., §§ 8111-8114; Pope's Dig., §§ 10532-10535; A.S.A. 1947, §§ 34-1826 -- 34-1829.

(a) If the commissioners appointed under this subchapter report to the court that all or part of the land or tenements of which partition had been directed are so situated that partition cannot be made without great prejudice to the owners of the land or tenements, the court may, if satisfied that the report is just and correct, make an order that the commissioners sell all or part of the land or tenements: (1) At public auction to the highest bidder; or (2) By a negotiated sale under terms and conditions established by the court, including without limitation by engaging a licensed real estate broker to sell the land or tenements.

(1) At public auction to the highest bidder; or

(2) By a negotiated sale under terms and conditions established by the court, including without limitation by engaging a licensed real estate broker to sell the land or tenements.

(b) The court making the order of sale shall therein direct the terms and conditions, time and place of sale, the credit, if any, and the security to be taken.

(c) The commissioners shall give notice of the time and place and terms of any sale to be made by them, in accordance with the order of the court directing the sale.

(d) (1) If the premises consist of distinct farms, buildings, tracts, or lots of land, they shall be sold separately. (2) When any tract of land or lot can be divided for the purpose of sale, with advantage to the parties interested, it may be so divided and sold in parcels.

(1) If the premises consist of distinct farms, buildings, tracts, or lots of land, they shall be sold separately.

(2) When any tract of land or lot can be divided for the purpose of sale, with advantage to the parties interested, it may be so divided and sold in parcels.

Amended by Act 2013, No. 1184,§ 2, eff. 4/12/2013.

Rev. Stat., ch. 107, §§ 23-26; C. & M. Dig., §§ 8111-8114; Pope's Dig., §§ 10532-10535; A.S.A. 1947, §§ 34-1826 -- 34-1829.
Ark. Code Ann. § 18-11-711 — AR Code / Title 18 / Chapter 11 / Subchapter 7 / Section 18-11-711
Non-waiver
Status: in_force

The right of a servient estate owner to relocate an easement under this subchapter may not be waived, excluded, or restricted by agreement even if: (1) the instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this subchapter; (2) the instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or (3) the location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel, or implication. Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.

The right of a servient estate owner to relocate an easement under this subchapter may not be waived, excluded, or restricted by agreement even if:

(1) the instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this subchapter;

(2) the instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or

(3) the location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel, or implication.

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 18-3-105 — AR Code / Title 18 / Chapter 3 / Section 18-3-105
Prospective application
Status: in_force

(a) Except as extended by subsection (b) of this section, this chapter applies to a nonvested property interest or a power of appointment that is created on or after August 1, 2023. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable. (b) If a nonvested property interest or a power of appointment was created before August 1, 2023, and is determined in a judicial proceeding, commenced on or after August 1, 2023, to violate this State's rule against perpetuities as that rule existed before August 1, 2023, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created. Amended by Act 2023, No. 719,§ 3, eff. 8/1/2023. Acts 2007, No. 240, § 1.

(a) Except as extended by subsection (b) of this section, this chapter applies to a nonvested property interest or a power of appointment that is created on or after August 1, 2023. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.

(b) If a nonvested property interest or a power of appointment was created before August 1, 2023, and is determined in a judicial proceeding, commenced on or after August 1, 2023, to violate this State's rule against perpetuities as that rule existed before August 1, 2023, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.

Amended by Act 2023, No. 719,§ 3, eff. 8/1/2023.

Acts 2007, No. 240, § 1.
Ark. Code Ann. § 18-16-110 — AR Code / Title 18 / Chapter 16 / Subchapter 1 / Section 18-16-110
Landlord's liability arising from alleged defects or disrepair of premises
Status: in_force

No landlord or agent or employee of a landlord shall be liable to a tenant or a tenant's licensee or invitee for death, personal injury, or property damage proximately caused by any defect or disrepair on the premises absent the landlord's: (1) Agreement supported by consideration or assumption by conduct of a duty to undertake an obligation to maintain or repair the leased premises; and (2) Failure to perform the agreement or assumed duty in a reasonable manner. Acts 2005, No. 928, § 2.

No landlord or agent or employee of a landlord shall be liable to a tenant or a tenant's licensee or invitee for death, personal injury, or property damage proximately caused by any defect or disrepair on the premises absent the landlord's:

(1) Agreement supported by consideration or assumption by conduct of a duty to undertake an obligation to maintain or repair the leased premises; and

(2) Failure to perform the agreement or assumed duty in a reasonable manner.

Acts 2005, No. 928, § 2.
Ark. Code Ann. § 18-60-601 — AR Code / Title 18 / Chapter 60 / Subchapter 6 / Section 18-60-601
Proceedings to confirm public sales
Status: in_force

The purchasers, or the heirs and legal representatives of purchasers, of lands at sheriff's sales or those made by the county clerks, or by the Commissioner of State Lands, or from levee or drainage improvement districts, who have acquired title by purchase at the sale held by the sheriff or by foreclosure proceedings for taxes due the districts, in pursuance of any of the laws thereof, or those made by the order, decree, or authority of any court of record, may protect themselves from eviction of the lands so purchased, or from any responsibility as possessors of them, by proceeding in the manner provided in this subchapter. Rev. Stat., ch. 149, § 1; Acts 1881, No. 69, § 1, p. 134; C. & M. Dig., § 8379; Pope's Dig., § 10975; Acts 1951, No. 263, § 1; A.S.A. 1947, § 34-1918.

The purchasers, or the heirs and legal representatives of purchasers, of lands at sheriff's sales or those made by the county clerks, or by the Commissioner of State Lands, or from levee or drainage improvement districts, who have acquired title by purchase at the sale held by the sheriff or by foreclosure proceedings for taxes due the districts, in pursuance of any of the laws thereof, or those made by the order, decree, or authority of any court of record, may protect themselves from eviction of the lands so purchased, or from any responsibility as possessors of them, by proceeding in the manner provided in this subchapter.

Rev. Stat., ch. 149, § 1; Acts 1881, No. 69, § 1, p. 134; C. & M. Dig., § 8379; Pope's Dig., § 10975; Acts 1951, No. 263, § 1; A.S.A. 1947, § 34-1918.
Ark. Code Ann. § 18-40-104 — AR Code / Title 18 / Chapter 40 / Section 18-40-104
Acknowledgment of satisfaction on record
Status: in_force

(a) If a mortgagee or his or her executor, administrator, or assignee receives full satisfaction for the amount due on any mortgage, then at the request of the person making satisfaction, the mortgagee shall acknowledge satisfaction of the amount due on the mortgage on the margin of the record in which the mortgage is recorded. (b) Acknowledgment of satisfaction, made as stated in subsection (a) of this section, shall have the effect to release the mortgage, bar all actions brought on the mortgage, and revest in the mortgagor or his or her legal representative all title to the mortgaged property. (c) The trustee of a deed of trust or a person employed by the trustee shall reconvey all or any part of the property encumbered by a deed of trust to the person entitled to the property on written request of the beneficiary of the deed of trust for a reasonable fee plus costs. (d) If a person receiving satisfaction does not, within sixty (60) days after being requested, acknowledge satisfaction as stated in subsection (a) of this section or request the trustee to reconvey the property as stated in subsection (c) of this section, he or she shall forfeit to the party aggrieved any sum not exceeding the amount of the mortgage money, to be recovered by a civil action in any court of competent jurisdiction. (e) If a person receiving satisfaction does not, within sixty (60) days after being requested, acknowledge satisfaction as stated in subsection (a) of this section or fails to cause the trustee to reconvey the property as stated in subsection (c) of this section, then, in addition to the rights provided in subsection (d) of this section, a satisfaction affidavit may be recorded in the county where the lien is recorded which shall have the same effect as an acknowledgment of satisfaction as stated in subsection (b) of this section or a reconveyance of the property as stated in subsection (c) of this section. (f) A satisfaction affidavit may be executed and recorded by a: (1) Licensed attorney who prepared the original mortgage or deed of trust; (2) Licensed attorney who represents the person making or having received satisfaction; or (3) Licensed title agent employed by a title company that tendered the satisfaction on behalf of the person making satisfaction. (g) A satisfaction affidavit shall: (1) Be sworn to and acknowledged before a person authorized to administer an oath under the laws of this state; (2) Conspicuously identify in its title that it is a "Satisfaction Affidavit"; and (3) Contain the following information concerning the satisfaction: (A) The names of all parties to the original instrument; (B) The recording information, including the recording date of the original instrument; (C) The date of payment and the amount paid to satisfy the indebtedness; and (D) That more than sixty (60) days have elapsed since the request for the acknowledgement of satisfaction. (h) A satisfaction affidavit may be prepared in substantially the following form: "SATISFACTION AFFIDAVIT KNOW ALL PERSONS BY THESE PRESENTS that: I, [Name of Affiant], am the [Attorney for the Mortgagor or Employee of a Title Company that Tendered the Satisfaction on Behalf of the Mortgagor]. [Name of Mortgagor] mortgaged certain real property to [Name of Mortgagee] to secure the original principal indebtedness of [Amount of Indebtedness] which was evidenced by that certain [Name of Instrument] recorded on [Date] in the real property records of [Name of County] County, Arkansas, as [Instrument Number or Book and Page]. On [Date], [Name of Mortgagor] tendered to [Name of Mortgagee] the sum of [Amount of Satisfaction], which sum represents the full satisfaction of the amount due on the [Name of Instrument]. [Name of Mortgagor] requested from [Name of Mortgagee] an acknowledgment of satisfaction on [Date]. More than sixty (60) days have elapsed since the request of the acknowledgement of satisfaction. Further affiant sayeth naught. WITNESS my hand and seal on this __________________ day of __________________, 20__________________. [Signature] ACKNOWLEDGMENT Name printed: STATE OF } }ss. COUNTY OF } On this __________________ day of __________________, 20__________________, before me, a Notary Public in and for the said county and state, personally appeared __________________, to me well known, and acknowledged that [he/she] had executed the foregoing document for the consideration, uses, and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires:__________________ ". (i) A satisfaction affidavit that complies with this section in substantially the form provided by subsection (h) of this section or in a custom form shall be: (1) Recorded by the county recorder in the land records of the county where the real property is located; and (2) Indexed by the county recorder in the same manner as an acknowledgment of satisfaction. (j) (1) Subsections (a) and (b) of this section do not apply in a county which uses a system other than a paper recording system. (2) The clerk in a county which uses a system other than a paper recording system shall not allow a satisfaction by a marginal notation after December 31, 1995. (3) A satisfaction by a marginal notation made in a county which uses a system other than a paper recording system after December 31, 1995, is void. Amended by Act 2015, No. 918,§ 1, eff. 4/1/2015. Rev. Stat., ch. 101, §§ 18-20; C. & M. Dig., §§ 7395-7397; Pope's Dig., §§ 9452-9454; A.S.A. 1947, §§ 51-1011 -- 51-1013; Acts 1995, No. 1025, § 2; 2005, No. 1945, § 1.

(a) If a mortgagee or his or her executor, administrator, or assignee receives full satisfaction for the amount due on any mortgage, then at the request of the person making satisfaction, the mortgagee shall acknowledge satisfaction of the amount due on the mortgage on the margin of the record in which the mortgage is recorded.

(b) Acknowledgment of satisfaction, made as stated in subsection (a) of this section, shall have the effect to release the mortgage, bar all actions brought on the mortgage, and revest in the mortgagor or his or her legal representative all title to the mortgaged property.

(c) The trustee of a deed of trust or a person employed by the trustee shall reconvey all or any part of the property encumbered by a deed of trust to the person entitled to the property on written request of the beneficiary of the deed of trust for a reasonable fee plus costs.

(d) If a person receiving satisfaction does not, within sixty (60) days after being requested, acknowledge satisfaction as stated in subsection (a) of this section or request the trustee to reconvey the property as stated in subsection (c) of this section, he or she shall forfeit to the party aggrieved any sum not exceeding the amount of the mortgage money, to be recovered by a civil action in any court of competent jurisdiction.

(e) If a person receiving satisfaction does not, within sixty (60) days after being requested, acknowledge satisfaction as stated in subsection (a) of this section or fails to cause the trustee to reconvey the property as stated in subsection (c) of this section, then, in addition to the rights provided in subsection (d) of this section, a satisfaction affidavit may be recorded in the county where the lien is recorded which shall have the same effect as an acknowledgment of satisfaction as stated in subsection (b) of this section or a reconveyance of the property as stated in subsection (c) of this section.

(f) A satisfaction affidavit may be executed and recorded by a: (1) Licensed attorney who prepared the original mortgage or deed of trust; (2) Licensed attorney who represents the person making or having received satisfaction; or (3) Licensed title agent employed by a title company that tendered the satisfaction on behalf of the person making satisfaction.

(1) Licensed attorney who prepared the original mortgage or deed of trust;

(2) Licensed attorney who represents the person making or having received satisfaction; or

(3) Licensed title agent employed by a title company that tendered the satisfaction on behalf of the person making satisfaction.

(g) A satisfaction affidavit shall: (1) Be sworn to and acknowledged before a person authorized to administer an oath under the laws of this state; (2) Conspicuously identify in its title that it is a "Satisfaction Affidavit"; and (3) Contain the following information concerning the satisfaction: (A) The names of all parties to the original instrument; (B) The recording information, including the recording date of the original instrument; (C) The date of payment and the amount paid to satisfy the indebtedness; and (D) That more than sixty (60) days have elapsed since the request for the acknowledgement of satisfaction.

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

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

(3) Contain the following information concerning the satisfaction: (A) The names of all parties to the original instrument; (B) The recording information, including the recording date of the original instrument; (C) The date of payment and the amount paid to satisfy the indebtedness; and (D) That more than sixty (60) days have elapsed since the request for the acknowledgement of satisfaction.

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

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

(C) The date of payment and the amount paid to satisfy the indebtedness; and

(D) That more than sixty (60) days have elapsed since the request for the acknowledgement of satisfaction.

(h) A satisfaction affidavit may be prepared in substantially the following form: "SATISFACTION AFFIDAVIT KNOW ALL PERSONS BY THESE PRESENTS that: I, [Name of Affiant], am the [Attorney for the Mortgagor or Employee of a Title Company that Tendered the Satisfaction on Behalf of the Mortgagor]. [Name of Mortgagor] mortgaged certain real property to [Name of Mortgagee] to secure the original principal indebtedness of [Amount of Indebtedness] which was evidenced by that certain [Name of Instrument] recorded on [Date] in the real property records of [Name of County] County, Arkansas, as [Instrument Number or Book and Page]. On [Date], [Name of Mortgagor] tendered to [Name of Mortgagee] the sum of [Amount of Satisfaction], which sum represents the full satisfaction of the amount due on the [Name of Instrument]. [Name of Mortgagor] requested from [Name of Mortgagee] an acknowledgment of satisfaction on [Date]. More than sixty (60) days have elapsed since the request of the acknowledgement of satisfaction. Further affiant sayeth naught. WITNESS my hand and seal on this __________________ day of __________________, 20__________________. [Signature] ACKNOWLEDGMENT Name printed: STATE OF } }ss. COUNTY OF } On this __________________ day of __________________, 20__________________, before me, a Notary Public in and for the said county and state, personally appeared __________________, to me well known, and acknowledged that [he/she] had executed the foregoing document for the consideration, uses, and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires:__________________ ".

"SATISFACTION AFFIDAVIT

KNOW ALL PERSONS BY THESE PRESENTS that:

I, [Name of Affiant], am the [Attorney for the Mortgagor or Employee of a Title Company that Tendered the Satisfaction on Behalf of the Mortgagor].

[Name of Mortgagor] mortgaged certain real property to [Name of Mortgagee] to secure the original principal indebtedness of [Amount of Indebtedness] which was evidenced by that certain [Name of Instrument] recorded on [Date] in the real property records of [Name of County] County, Arkansas, as [Instrument Number or Book and Page].

On [Date], [Name of Mortgagor] tendered to [Name of Mortgagee] the sum of [Amount of Satisfaction], which sum represents the full satisfaction of the amount due on the [Name of Instrument]. [Name of Mortgagor] requested from [Name of Mortgagee] an acknowledgment of satisfaction on [Date]. More than sixty (60) days have elapsed since the request of the acknowledgement of satisfaction.

Further affiant sayeth naught.

WITNESS my hand and seal on this __________________ day of __________________, 20__________________.

[Signature]

ACKNOWLEDGMENT Name printed: STATE OF } }ss. COUNTY OF }

ACKNOWLEDGMENT

Name printed:

STATE OF

}

}ss.

COUNTY OF

}

On this __________________ day of __________________, 20__________________, before me, a Notary Public in and for the said county and state, personally appeared __________________, to me well known, and acknowledged that [he/she] had executed the foregoing document for the consideration, uses, and purposes therein mentioned and set forth.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public

My Commission Expires:__________________ ".

(i) A satisfaction affidavit that complies with this section in substantially the form provided by subsection (h) of this section or in a custom form shall be: (1) Recorded by the county recorder in the land records of the county where the real property is located; and (2) Indexed by the county recorder in the same manner as an acknowledgment of satisfaction.

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

(2) Indexed by the county recorder in the same manner as an acknowledgment of satisfaction.

(j) (1) Subsections (a) and (b) of this section do not apply in a county which uses a system other than a paper recording system. (2) The clerk in a county which uses a system other than a paper recording system shall not allow a satisfaction by a marginal notation after December 31, 1995. (3) A satisfaction by a marginal notation made in a county which uses a system other than a paper recording system after December 31, 1995, is void.

(1) Subsections (a) and (b) of this section do not apply in a county which uses a system other than a paper recording system.

(2) The clerk in a county which uses a system other than a paper recording system shall not allow a satisfaction by a marginal notation after December 31, 1995.

(3) A satisfaction by a marginal notation made in a county which uses a system other than a paper recording system after December 31, 1995, is void.

Amended by Act 2015, No. 918,§ 1, eff. 4/1/2015.

Rev. Stat., ch. 101, §§ 18-20; C. & M. Dig., §§ 7395-7397; Pope's Dig., §§ 9452-9454; A.S.A. 1947, §§ 51-1011 -- 51-1013; Acts 1995, No. 1025, § 2; 2005, No. 1945, § 1.
Ark. Code Ann. § 18-17-102 — AR Code / Title 18 / Chapter 17 / Subchapter 1 / Section 18-17-102
Purposes - Rules of construction
Status: in_force

(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies. (b) Underlying purposes and policies of this chapter are: (1) To simplify, clarify, modernize, and revise the law governing rental of dwelling units and the rights and obligations of landlords and tenants; and (2) To encourage landlords and tenants to maintain and improve the quality of housing. Acts 2007, No. 1004, § 1.

(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.

(b) Underlying purposes and policies of this chapter are: (1) To simplify, clarify, modernize, and revise the law governing rental of dwelling units and the rights and obligations of landlords and tenants; and (2) To encourage landlords and tenants to maintain and improve the quality of housing.

(1) To simplify, clarify, modernize, and revise the law governing rental of dwelling units and the rights and obligations of landlords and tenants; and

(2) To encourage landlords and tenants to maintain and improve the quality of housing.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-12-209 — AR Code / Title 18 / Chapter 12 / Subchapter 2 / Section 18-12-209
Recorded deed or written instrument affecting real estate
Status: in_force

(a) Every deed or instrument in writing which conveys or affects real estate and which is acknowledged or proved and certified as prescribed by this act may, together with the certificate of acknowledgment, proof, or relinquishment of dower, be recorded by the recorder of the county where such land to be conveyed or affected thereby is located, and when so recorded may be read in evidence in any court in this state without further proof of execution. (b) If it appears at any time that any deed or instrument duly acknowledged or proved and recorded as prescribed by this act is lost or not within the power and control of the party wishing to use the deed or instrument, the record thereof, or a transcript of the record certified by the recorder, may be read in evidence without further proof of execution. (c) Neither the certificate of acknowledgment nor the probate of any such deed or instrument, nor the record or transcript thereof, shall be conclusive, but it may be rebutted. Rev. Stat., ch. 31, §§ 26-28; C. & M. Dig., §§ 1530-1532; Pope's Dig., §§ 1840-1842; A.S.A. 1947, §§ 28-919 -- 28-921.

(a) Every deed or instrument in writing which conveys or affects real estate and which is acknowledged or proved and certified as prescribed by this act may, together with the certificate of acknowledgment, proof, or relinquishment of dower, be recorded by the recorder of the county where such land to be conveyed or affected thereby is located, and when so recorded may be read in evidence in any court in this state without further proof of execution.

(b) If it appears at any time that any deed or instrument duly acknowledged or proved and recorded as prescribed by this act is lost or not within the power and control of the party wishing to use the deed or instrument, the record thereof, or a transcript of the record certified by the recorder, may be read in evidence without further proof of execution.

(c) Neither the certificate of acknowledgment nor the probate of any such deed or instrument, nor the record or transcript thereof, shall be conclusive, but it may be rebutted.

Rev. Stat., ch. 31, §§ 26-28; C. & M. Dig., §§ 1530-1532; Pope's Dig., §§ 1840-1842; A.S.A. 1947, §§ 28-919 -- 28-921.
Ark. Code Ann. § 18-44-124 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-124
Contractor to defend actions on liens by third persons - Liability
Status: in_force

(a) In all cases in which a lien shall be filed under the provisions of this subchapter by any person other than a contractor, it shall be the duty of the contractor to defend at his or her own expense any action brought thereupon. During the pendency of the action, the owner may withhold from the contractor the amount of money for which the lien shall be filed. (b) (1) In case of judgment against the owner or his or her property upon the lien, the owner shall be entitled to deduct from any amount due by him or her to the contractor the amount of the judgment and costs. (2) If the owner shall have settled with the contractor in full, he or she shall be entitled to recover back from the contractor any amount so paid by the owner for which the contractor was originally liable. Acts 1895, No. 146, § 8, p. 217; C. & M. Dig., § 6919; Pope's Dig., § 8878; A.S.A. 1947, § 51-610.

(a) In all cases in which a lien shall be filed under the provisions of this subchapter by any person other than a contractor, it shall be the duty of the contractor to defend at his or her own expense any action brought thereupon. During the pendency of the action, the owner may withhold from the contractor the amount of money for which the lien shall be filed.

(b) (1) In case of judgment against the owner or his or her property upon the lien, the owner shall be entitled to deduct from any amount due by him or her to the contractor the amount of the judgment and costs. (2) If the owner shall have settled with the contractor in full, he or she shall be entitled to recover back from the contractor any amount so paid by the owner for which the contractor was originally liable.

(1) In case of judgment against the owner or his or her property upon the lien, the owner shall be entitled to deduct from any amount due by him or her to the contractor the amount of the judgment and costs.

(2) If the owner shall have settled with the contractor in full, he or she shall be entitled to recover back from the contractor any amount so paid by the owner for which the contractor was originally liable.

Acts 1895, No. 146, § 8, p. 217; C. & M. Dig., § 6919; Pope's Dig., § 8878; A.S.A. 1947, § 51-610.
Ark. Code Ann. § 18-60-817 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-817
Appraisement of property before taking bond
Status: in_force

(a) Before taking any bond, upon the suggestion of either party that the value of the property is not truly stated in the order for its delivery and where the suggestion is on the part of the defendant, on his or her producing the property to the sheriff, the sheriff shall select three (3) disinterested housekeepers to appraise the property under oath, to be administered by him or her. (b) The housekeepers' appraisement, endorsed upon the order, shall be regarded as the value of the property in taking the bonds. Civil Code, § 211; C. & M. Dig., § 8650; Pope's Dig., § 11383; A.S.A. 1947, § 34-2110.

(a) Before taking any bond, upon the suggestion of either party that the value of the property is not truly stated in the order for its delivery and where the suggestion is on the part of the defendant, on his or her producing the property to the sheriff, the sheriff shall select three (3) disinterested housekeepers to appraise the property under oath, to be administered by him or her.

(b) The housekeepers' appraisement, endorsed upon the order, shall be regarded as the value of the property in taking the bonds.

Civil Code, § 211; C. & M. Dig., § 8650; Pope's Dig., § 11383; A.S.A. 1947, § 34-2110.
Ark. Code Ann. § 18-48-401 — AR Code / Title 18 / Chapter 48 / Subchapter 4 / Section 18-48-401
Construction
Status: in_force

This subchapter shall not be construed to amend or repeal any existing laws, unless in direct conflict therewith. Acts 1951, No. 251, § 4; A.S.A. 1947, § 51-916.

This subchapter shall not be construed to amend or repeal any existing laws, unless in direct conflict therewith.

Acts 1951, No. 251, § 4; A.S.A. 1947, § 51-916.
Ark. Code Ann. § 18-3-109 — AR Code / Title 18 / Chapter 3 / Section 18-3-109
Supercession of common law
Status: in_force

This chapter supersedes the rule of the common law known as the rule against perpetuities. Acts 2007, No. 240, § 1.

This chapter supersedes the rule of the common law known as the rule against perpetuities.

Acts 2007, No. 240, § 1.
Ark. Code Ann. § 18-14-408 — AR Code / Title 18 / Chapter 14 / Subchapter 4 / Section 18-14-408
Guarantees for completion of time-share properties
Status: in_force

(a) (1) If a developer contracts to sell a time-share interest and the construction, furnishings, and landscaping of the time-share property have not been substantially completed according to the representations made by the developer in the disclosures under this chapter, the developer shall pay into an escrow account established and held in this state, in an account designated solely for the purpose, by an independent bonded escrow company, or in an institution whose accounts are insured by a governmental agency or instrumentality, a payment received by the developer from the purchaser towards the sale price until the time-share property is substantially complete. (2) The escrow agent may invest the escrow funds in securities for the United States, any agency thereof, or in savings or time deposits in institutions insured by an agency of the United States. (3) Funds are released from escrow as follows: (A) If a purchaser properly terminates the contract under its terms or this chapter, the funds shall be paid to the purchaser, together with any interest earned; (B) If the purchaser defaults in the performance of his or her obligations under the contract of purchase and sale, the funds shall be paid to the developer, together with any interest earned; or (C) If the funds of a purchaser have not been previously disbursed under subdivision (a)(1) of this section, they may be disbursed to the developer by the escrow agent upon substantial completion of the time-share property. (4) (A) The developer is not required to comply with subdivision (a)(1) of this section if the commission is satisfied that all of the following conditions are met: (i) The developer is an Arkansas corporation or a foreign corporation qualified to do business in Arkansas; (ii) The corporation has been in existence and operated in this state for at least three (3) years; and (iii) The corporation has net assets within this state of at least three (3) times the cost to complete the time-share property. (B) The commission may require other assurances as may reasonably be required either to assure completion of the time-share property or to reimburse the purchaser the funds paid to the developer, together with any interest earned. (5) (A) In lieu of the escrow required by subdivision (a)(1) of this section, the commission may accept other financial assurances, including a performance bond equal to the cost to finish the time-share property. (B) Interest earned on the performance bond under subdivision (a)(5)(A) of this section, deposit, or other instrument while deposited with or for the benefit of the commission shall become the separate property of the commission and be deposited into the Real Estate Recovery Fund under § 17-42-403 . (b) For the purpose of this section, "substantially completed" means that the amenities, furnishings, appliances, and structural components and mechanical systems of buildings on the real property dedicated to the time-share plan and subject to the project instruments are completed and provided as represented in the public offering statement, that the premises are ready for occupancy, and that the proper governmental authority has issued a certificate of occupancy or its equivalent. Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013. Acts 1983, No. 294, Art. 3, § 3-103; A.S.A. 1947, § 50-1317; Acts 1989, No. 44, § 3.

(a) (1) If a developer contracts to sell a time-share interest and the construction, furnishings, and landscaping of the time-share property have not been substantially completed according to the representations made by the developer in the disclosures under this chapter, the developer shall pay into an escrow account established and held in this state, in an account designated solely for the purpose, by an independent bonded escrow company, or in an institution whose accounts are insured by a governmental agency or instrumentality, a payment received by the developer from the purchaser towards the sale price until the time-share property is substantially complete. (2) The escrow agent may invest the escrow funds in securities for the United States, any agency thereof, or in savings or time deposits in institutions insured by an agency of the United States. (3) Funds are released from escrow as follows: (A) If a purchaser properly terminates the contract under its terms or this chapter, the funds shall be paid to the purchaser, together with any interest earned; (B) If the purchaser defaults in the performance of his or her obligations under the contract of purchase and sale, the funds shall be paid to the developer, together with any interest earned; or (C) If the funds of a purchaser have not been previously disbursed under subdivision (a)(1) of this section, they may be disbursed to the developer by the escrow agent upon substantial completion of the time-share property. (4) (A) The developer is not required to comply with subdivision (a)(1) of this section if the commission is satisfied that all of the following conditions are met: (i) The developer is an Arkansas corporation or a foreign corporation qualified to do business in Arkansas; (ii) The corporation has been in existence and operated in this state for at least three (3) years; and (iii) The corporation has net assets within this state of at least three (3) times the cost to complete the time-share property. (B) The commission may require other assurances as may reasonably be required either to assure completion of the time-share property or to reimburse the purchaser the funds paid to the developer, together with any interest earned. (5) (A) In lieu of the escrow required by subdivision (a)(1) of this section, the commission may accept other financial assurances, including a performance bond equal to the cost to finish the time-share property. (B) Interest earned on the performance bond under subdivision (a)(5)(A) of this section, deposit, or other instrument while deposited with or for the benefit of the commission shall become the separate property of the commission and be deposited into the Real Estate Recovery Fund under § 17-42-403 .

(1) If a developer contracts to sell a time-share interest and the construction, furnishings, and landscaping of the time-share property have not been substantially completed according to the representations made by the developer in the disclosures under this chapter, the developer shall pay into an escrow account established and held in this state, in an account designated solely for the purpose, by an independent bonded escrow company, or in an institution whose accounts are insured by a governmental agency or instrumentality, a payment received by the developer from the purchaser towards the sale price until the time-share property is substantially complete.

(2) The escrow agent may invest the escrow funds in securities for the United States, any agency thereof, or in savings or time deposits in institutions insured by an agency of the United States.

(3) Funds are released from escrow as follows: (A) If a purchaser properly terminates the contract under its terms or this chapter, the funds shall be paid to the purchaser, together with any interest earned; (B) If the purchaser defaults in the performance of his or her obligations under the contract of purchase and sale, the funds shall be paid to the developer, together with any interest earned; or (C) If the funds of a purchaser have not been previously disbursed under subdivision (a)(1) of this section, they may be disbursed to the developer by the escrow agent upon substantial completion of the time-share property.

(A) If a purchaser properly terminates the contract under its terms or this chapter, the funds shall be paid to the purchaser, together with any interest earned;

(B) If the purchaser defaults in the performance of his or her obligations under the contract of purchase and sale, the funds shall be paid to the developer, together with any interest earned; or

(C) If the funds of a purchaser have not been previously disbursed under subdivision (a)(1) of this section, they may be disbursed to the developer by the escrow agent upon substantial completion of the time-share property.

(4) (A) The developer is not required to comply with subdivision (a)(1) of this section if the commission is satisfied that all of the following conditions are met: (i) The developer is an Arkansas corporation or a foreign corporation qualified to do business in Arkansas; (ii) The corporation has been in existence and operated in this state for at least three (3) years; and (iii) The corporation has net assets within this state of at least three (3) times the cost to complete the time-share property. (B) The commission may require other assurances as may reasonably be required either to assure completion of the time-share property or to reimburse the purchaser the funds paid to the developer, together with any interest earned.

(A) The developer is not required to comply with subdivision (a)(1) of this section if the commission is satisfied that all of the following conditions are met: (i) The developer is an Arkansas corporation or a foreign corporation qualified to do business in Arkansas; (ii) The corporation has been in existence and operated in this state for at least three (3) years; and (iii) The corporation has net assets within this state of at least three (3) times the cost to complete the time-share property.

(i) The developer is an Arkansas corporation or a foreign corporation qualified to do business in Arkansas;

(ii) The corporation has been in existence and operated in this state for at least three (3) years; and

(iii) The corporation has net assets within this state of at least three (3) times the cost to complete the time-share property.

(B) The commission may require other assurances as may reasonably be required either to assure completion of the time-share property or to reimburse the purchaser the funds paid to the developer, together with any interest earned.

(5) (A) In lieu of the escrow required by subdivision (a)(1) of this section, the commission may accept other financial assurances, including a performance bond equal to the cost to finish the time-share property. (B) Interest earned on the performance bond under subdivision (a)(5)(A) of this section, deposit, or other instrument while deposited with or for the benefit of the commission shall become the separate property of the commission and be deposited into the Real Estate Recovery Fund under § 17-42-403 .

(A) In lieu of the escrow required by subdivision (a)(1) of this section, the commission may accept other financial assurances, including a performance bond equal to the cost to finish the time-share property.

(B) Interest earned on the performance bond under subdivision (a)(5)(A) of this section, deposit, or other instrument while deposited with or for the benefit of the commission shall become the separate property of the commission and be deposited into the Real Estate Recovery Fund under § 17-42-403 .

(b) For the purpose of this section, "substantially completed" means that the amenities, furnishings, appliances, and structural components and mechanical systems of buildings on the real property dedicated to the time-share plan and subject to the project instruments are completed and provided as represented in the public offering statement, that the premises are ready for occupancy, and that the proper governmental authority has issued a certificate of occupancy or its equivalent.

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

Acts 1983, No. 294, Art. 3, § 3-103; A.S.A. 1947, § 50-1317; Acts 1989, No. 44, § 3.
Ark. Code Ann. § 18-12-606 — AR Code / Title 18 / Chapter 12 / Subchapter 6 / Section 18-12-606
Deed or patent by Governor
Status: in_force

(a) In all cases in which, by the laws of this state, the Governor is required to execute any deed of conveyance or patent for any lands sold or granted by the state, the deed of conveyance or patent, when executed by the Governor and countersigned by the Secretary of State, and when the seal of the state shall be affixed thereto, shall convey all the right and title of the state in and to the lands to the purchaser. (b) (1) The deed may be recorded in the office of the recorder of the proper county and shall have the same effect as evidence. (2) A duly certified transcript of the deed or patent taken from the record thereof shall have the same effect as evidence in all the courts in this state as if the deed or patent had been acknowledged and recorded under the existing laws of this state. Acts 1850, § 1, p. 65; C. & M. Dig., § 1533; Pope's Dig., § 1843; A.S.A. 1947, § 50-421.

(a) In all cases in which, by the laws of this state, the Governor is required to execute any deed of conveyance or patent for any lands sold or granted by the state, the deed of conveyance or patent, when executed by the Governor and countersigned by the Secretary of State, and when the seal of the state shall be affixed thereto, shall convey all the right and title of the state in and to the lands to the purchaser.

(b) (1) The deed may be recorded in the office of the recorder of the proper county and shall have the same effect as evidence. (2) A duly certified transcript of the deed or patent taken from the record thereof shall have the same effect as evidence in all the courts in this state as if the deed or patent had been acknowledged and recorded under the existing laws of this state.

(1) The deed may be recorded in the office of the recorder of the proper county and shall have the same effect as evidence.

(2) A duly certified transcript of the deed or patent taken from the record thereof shall have the same effect as evidence in all the courts in this state as if the deed or patent had been acknowledged and recorded under the existing laws of this state.

Acts 1850, § 1, p. 65; C. & M. Dig., § 1533; Pope's Dig., § 1843; A.S.A. 1947, § 50-421.
Ark. Code Ann. § 18-27-303 — AR Code / Title 18 / Chapter 27 / Subchapter 3 / Section 18-27-303
Recovery of personal property and identifiable stolen personal property - Liability
Status: in_force

(a) An owner of stolen personal property may request that a dealer return the stolen property without charge to the owner by signing and following the terms of the affidavit in favor of the dealer as described in § 18-27-304(b) . (b) Unless reasonable cause exists, within seven (7) days after the later of the receipt of an affidavit described in § 18-27-304(b) and the written release, either conditional or outright, of any property hold issued by any law enforcement agency with respect to the identifiable stolen property, a dealer shall: (1) Deliver the identifiable stolen property to the owner; or (2) File a legal action in a court of competent jurisdiction to determine ownership. (c) If the dealer refuses to make an election under subsection (b) of this section, the owner may file a replevin action to recover the property and the court may award and apportion costs and attorney's fees as appropriate under the facts of the case. Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.

(a) An owner of stolen personal property may request that a dealer return the stolen property without charge to the owner by signing and following the terms of the affidavit in favor of the dealer as described in § 18-27-304(b) .

(b) Unless reasonable cause exists, within seven (7) days after the later of the receipt of an affidavit described in § 18-27-304(b) and the written release, either conditional or outright, of any property hold issued by any law enforcement agency with respect to the identifiable stolen property, a dealer shall: (1) Deliver the identifiable stolen property to the owner; or (2) File a legal action in a court of competent jurisdiction to determine ownership.

(1) Deliver the identifiable stolen property to the owner; or

(2) File a legal action in a court of competent jurisdiction to determine ownership.

(c) If the dealer refuses to make an election under subsection (b) of this section, the owner may file a replevin action to recover the property and the court may award and apportion costs and attorney's fees as appropriate under the facts of the case.

Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.
Ark. Code Ann. § 18-17-802 — AR Code / Title 18 / Chapter 17 / Subchapter 8 / Section 18-17-802
Prior transactions
Status: in_force

Transactions entered into before July 31, 2007, and not extended or renewed on or after that date, and the rights, duties, and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though the repeal or amendment had not occurred. Acts 2007, No. 1004, § 1.

Transactions entered into before July 31, 2007, and not extended or renewed on or after that date, and the rights, duties, and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though the repeal or amendment had not occurred.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-14-308 — AR Code / Title 18 / Chapter 14 / Subchapter 3 / Section 18-14-308
Records
Status: in_force

(a) The association or managing agent shall maintain among its records a list of the names and post office addresses of the owners of time-share interests in the time-share plan. (b) The list shall: (1) Be updated every six (6) months; and (2) Not be published or provided to owners or a third person to use or sell the list for commercial purposes. (c) (1) If an owner of a time-share interest in the time-share plan provides a written request to the association to communicate with its membership, the association shall determine within thirty (30) days of the date of the request whether the communication advances legitimate association business and if so, provide a method to grant the request without disclosing the association membership list to the requesting owner. (2) (A) The association shall notify the requesting owner of the costs to make the communication before the communication is made to the owners. (B) The requesting owner shall pay the costs to the association before the association makes the communication. (3) An alternative method that accomplishes the original purpose of the request made under subdivision (c)(1) of this section is a reasonable alternative. (4) (A) If the association determines that a communication does not advance legitimate association business, the association shall notify the requesting owner in writing within thirty (30) days of the reasons for the rejection. (B) An owner that is denied a request for information under subdivision (c)(4)(A) of this section may appeal the denial to the court in whose jurisdiction the association lies. (C) If the court determines that the communication does advance legitimate association business, the court may order the association to pay the requesting owner's costs, including attorney's fees reasonably incurred to enforce the requesting owner's rights. Added by Act 2013, No. 710,§ 3, eff. 8/16/2013.

(a) The association or managing agent shall maintain among its records a list of the names and post office addresses of the owners of time-share interests in the time-share plan.

(b) The list shall: (1) Be updated every six (6) months; and (2) Not be published or provided to owners or a third person to use or sell the list for commercial purposes.

(1) Be updated every six (6) months; and

(2) Not be published or provided to owners or a third person to use or sell the list for commercial purposes.

(c) (1) If an owner of a time-share interest in the time-share plan provides a written request to the association to communicate with its membership, the association shall determine within thirty (30) days of the date of the request whether the communication advances legitimate association business and if so, provide a method to grant the request without disclosing the association membership list to the requesting owner. (2) (A) The association shall notify the requesting owner of the costs to make the communication before the communication is made to the owners. (B) The requesting owner shall pay the costs to the association before the association makes the communication. (3) An alternative method that accomplishes the original purpose of the request made under subdivision (c)(1) of this section is a reasonable alternative. (4) (A) If the association determines that a communication does not advance legitimate association business, the association shall notify the requesting owner in writing within thirty (30) days of the reasons for the rejection. (B) An owner that is denied a request for information under subdivision (c)(4)(A) of this section may appeal the denial to the court in whose jurisdiction the association lies. (C) If the court determines that the communication does advance legitimate association business, the court may order the association to pay the requesting owner's costs, including attorney's fees reasonably incurred to enforce the requesting owner's rights.

(1) If an owner of a time-share interest in the time-share plan provides a written request to the association to communicate with its membership, the association shall determine within thirty (30) days of the date of the request whether the communication advances legitimate association business and if so, provide a method to grant the request without disclosing the association membership list to the requesting owner.

(2) (A) The association shall notify the requesting owner of the costs to make the communication before the communication is made to the owners. (B) The requesting owner shall pay the costs to the association before the association makes the communication.

(A) The association shall notify the requesting owner of the costs to make the communication before the communication is made to the owners.

(B) The requesting owner shall pay the costs to the association before the association makes the communication.

(3) An alternative method that accomplishes the original purpose of the request made under subdivision (c)(1) of this section is a reasonable alternative.

(4) (A) If the association determines that a communication does not advance legitimate association business, the association shall notify the requesting owner in writing within thirty (30) days of the reasons for the rejection. (B) An owner that is denied a request for information under subdivision (c)(4)(A) of this section may appeal the denial to the court in whose jurisdiction the association lies. (C) If the court determines that the communication does advance legitimate association business, the court may order the association to pay the requesting owner's costs, including attorney's fees reasonably incurred to enforce the requesting owner's rights.

(A) If the association determines that a communication does not advance legitimate association business, the association shall notify the requesting owner in writing within thirty (30) days of the reasons for the rejection.

(B) An owner that is denied a request for information under subdivision (c)(4)(A) of this section may appeal the denial to the court in whose jurisdiction the association lies.

(C) If the court determines that the communication does advance legitimate association business, the court may order the association to pay the requesting owner's costs, including attorney's fees reasonably incurred to enforce the requesting owner's rights.

Added by Act 2013, No. 710,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 18-45-204 — AR Code / Title 18 / Chapter 45 / Subchapter 2 / Section 18-45-204
Procedure for sale of property possessed by lienholder
Status: in_force

(a) (1) The sale shall not take place until the expiration of thirty (30) days from the date the lienholder makes demand for the debt by certified letter addressed to the last known residence or post office address of the debtor as required by subsection (c) of this section. (2) (A) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to: (i) Post written notice of the proposed sale under this subdivision (a)(2)(A) at or near the front door of his or her place of business; and (ii) Notify the debtor of the proposed sale by certified letter addressed to the last known residence or post office address of the debtor. (B) The written notice of the proposed sale under subdivision (a)(2)(A) of this section shall: (i) Specify the property to be sold, the name of the owner or debtor, the time and place of sale, the amount of the bond filed with the circuit clerk under § 18-45-205 , and shall be signed by the lienholder; and (ii) Be filed by the lienholder with the circuit clerk in the county in which the lienholder is situated. (b) (1) At the sale, which shall be at public auction for cash to the highest and best bidder, the lienholder shall have the right to bid not less than the amount of his or her debt. (2) In case the property sells for more than the amount of the debt, the lienholder shall pay over the surplus on demand to the person entitled thereto after deducting the amount of his or her debt and the actual cost of the sale. (c) It shall be the duty of the lienholder, besides giving notice as required in subsection (a) of this section, to make demand for the debt before making the sale by certified letter addressed to the last known residence or post office address of the debtor. (d) In the lienholder's dealings with the property held by him or her, the lienholder shall act in good faith with the debtor and shall be responsible for any abuse of the power and authority vested in him or her by the provisions of this subchapter. (e) The provisions of § 27-50-1101 shall govern sales of vehicles subject to the registration laws of this state. Amended by Act 2023, No. 388,§ 2, eff. 8/1/2023. Acts 1919, No. 140, §§ 3, 4, p. 123; C. & M. Dig., §§ 6868, 6869; Pope's Dig., §§ 8824, 8825; A.S.A. 1947, §§ 51-406, 51-407; Acts 1997, No. 841, § 5.

(a) (1) The sale shall not take place until the expiration of thirty (30) days from the date the lienholder makes demand for the debt by certified letter addressed to the last known residence or post office address of the debtor as required by subsection (c) of this section. (2) (A) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to: (i) Post written notice of the proposed sale under this subdivision (a)(2)(A) at or near the front door of his or her place of business; and (ii) Notify the debtor of the proposed sale by certified letter addressed to the last known residence or post office address of the debtor. (B) The written notice of the proposed sale under subdivision (a)(2)(A) of this section shall: (i) Specify the property to be sold, the name of the owner or debtor, the time and place of sale, the amount of the bond filed with the circuit clerk under § 18-45-205 , and shall be signed by the lienholder; and (ii) Be filed by the lienholder with the circuit clerk in the county in which the lienholder is situated.

(1) The sale shall not take place until the expiration of thirty (30) days from the date the lienholder makes demand for the debt by certified letter addressed to the last known residence or post office address of the debtor as required by subsection (c) of this section.

(2) (A) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to: (i) Post written notice of the proposed sale under this subdivision (a)(2)(A) at or near the front door of his or her place of business; and (ii) Notify the debtor of the proposed sale by certified letter addressed to the last known residence or post office address of the debtor. (B) The written notice of the proposed sale under subdivision (a)(2)(A) of this section shall: (i) Specify the property to be sold, the name of the owner or debtor, the time and place of sale, the amount of the bond filed with the circuit clerk under § 18-45-205 , and shall be signed by the lienholder; and (ii) Be filed by the lienholder with the circuit clerk in the county in which the lienholder is situated.

(A) If the debt is not paid at the end of that time, it shall be the duty of the lienholder, not less than ten (10) days before making the sale, to: (i) Post written notice of the proposed sale under this subdivision (a)(2)(A) at or near the front door of his or her place of business; and (ii) Notify the debtor of the proposed sale by certified letter addressed to the last known residence or post office address of the debtor.

(i) Post written notice of the proposed sale under this subdivision (a)(2)(A) at or near the front door of his or her place of business; and

(ii) Notify the debtor of the proposed sale by certified letter addressed to the last known residence or post office address of the debtor.

(B) The written notice of the proposed sale under subdivision (a)(2)(A) of this section shall: (i) Specify the property to be sold, the name of the owner or debtor, the time and place of sale, the amount of the bond filed with the circuit clerk under § 18-45-205 , and shall be signed by the lienholder; and (ii) Be filed by the lienholder with the circuit clerk in the county in which the lienholder is situated.

(i) Specify the property to be sold, the name of the owner or debtor, the time and place of sale, the amount of the bond filed with the circuit clerk under § 18-45-205 , and shall be signed by the lienholder; and

(ii) Be filed by the lienholder with the circuit clerk in the county in which the lienholder is situated.

(b) (1) At the sale, which shall be at public auction for cash to the highest and best bidder, the lienholder shall have the right to bid not less than the amount of his or her debt. (2) In case the property sells for more than the amount of the debt, the lienholder shall pay over the surplus on demand to the person entitled thereto after deducting the amount of his or her debt and the actual cost of the sale.

(1) At the sale, which shall be at public auction for cash to the highest and best bidder, the lienholder shall have the right to bid not less than the amount of his or her debt.

(2) In case the property sells for more than the amount of the debt, the lienholder shall pay over the surplus on demand to the person entitled thereto after deducting the amount of his or her debt and the actual cost of the sale.

(c) It shall be the duty of the lienholder, besides giving notice as required in subsection (a) of this section, to make demand for the debt before making the sale by certified letter addressed to the last known residence or post office address of the debtor.

(d) In the lienholder's dealings with the property held by him or her, the lienholder shall act in good faith with the debtor and shall be responsible for any abuse of the power and authority vested in him or her by the provisions of this subchapter.

(e) The provisions of § 27-50-1101 shall govern sales of vehicles subject to the registration laws of this state.

Amended by Act 2023, No. 388,§ 2, eff. 8/1/2023.

Acts 1919, No. 140, §§ 3, 4, p. 123; C. & M. Dig., §§ 6868, 6869; Pope's Dig., §§ 8824, 8825; A.S.A. 1947, §§ 51-406, 51-407; Acts 1997, No. 841, § 5.
Ark. Code Ann. § 18-14-302 — AR Code / Title 18 / Chapter 14 / Subchapter 3 / Section 18-14-302
Contents of instruments establishing time-share estates
Status: in_force

A project and time-share instrument that establishes a time-share estate located or offered in this state shall contain: (1) The name of the county in which the property is situated; (2) The legal description, street address, or other description sufficient to identify the property; (3) Identification of time periods by letter, name, number, or combination thereof; (4) Identification of time-share estates and, when applicable, the method by which additional time-share estates may be established; (5) The formula, fraction, or percentage of the common expenses and any voting rights assigned to each time-share estate and, when applicable, to each accommodation in a project that is not subject to the time-share plan; (6) Restrictions on the use, occupancy, alteration, or alienation of time-share interests; (7) The ownership interest, if any, in personal property and for care and replacement; (8) Any other matters the developer considers appropriate; and (9) (A) Provisions concerning the establishment of a lien against an owner's time-share interest in favor of the association of time-share estate owners to secure payment of common expenses. (B) This lien when provided for in the time-share instrument is enforceable and foreclosable in the way other statutory liens are enforceable and foreclosable under the laws of this state. Amended by Act 2013, No. 710,§ 3, eff. 8/16/2013. Acts 1983, No. 294, Art. 2, § 2-102; A.S.A. 1947, § 50-1309.

A project and time-share instrument that establishes a time-share estate located or offered in this state shall contain:

(1) The name of the county in which the property is situated;

(2) The legal description, street address, or other description sufficient to identify the property;

(3) Identification of time periods by letter, name, number, or combination thereof;

(4) Identification of time-share estates and, when applicable, the method by which additional time-share estates may be established;

(5) The formula, fraction, or percentage of the common expenses and any voting rights assigned to each time-share estate and, when applicable, to each accommodation in a project that is not subject to the time-share plan;

(6) Restrictions on the use, occupancy, alteration, or alienation of time-share interests;

(7) The ownership interest, if any, in personal property and for care and replacement;

(8) Any other matters the developer considers appropriate; and

(9) (A) Provisions concerning the establishment of a lien against an owner's time-share interest in favor of the association of time-share estate owners to secure payment of common expenses. (B) This lien when provided for in the time-share instrument is enforceable and foreclosable in the way other statutory liens are enforceable and foreclosable under the laws of this state.

(A) Provisions concerning the establishment of a lien against an owner's time-share interest in favor of the association of time-share estate owners to secure payment of common expenses.

(B) This lien when provided for in the time-share instrument is enforceable and foreclosable in the way other statutory liens are enforceable and foreclosable under the laws of this state.

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

Acts 1983, No. 294, Art. 2, § 2-102; A.S.A. 1947, § 50-1309.
Ark. Code Ann. § 18-16-509 — AR Code / Title 18 / Chapter 16 / Subchapter 5 / Section 18-16-509
Immunity from civil liability
Status: in_force

For any action or threatened action taken to enforce a right or remedy provided by this subchapter, a landlord, a premises owner, an agent or attorney for the premises owner, and a real estate licensee as defined in § 17-42-103 are immune from civil liability for the breach of an express or implied covenant concerning the possession or quiet enjoyment of the leased premises. Acts 2009, No. 464, § 1.

For any action or threatened action taken to enforce a right or remedy provided by this subchapter, a landlord, a premises owner, an agent or attorney for the premises owner, and a real estate licensee as defined in § 17-42-103 are immune from civil liability for the breach of an express or implied covenant concerning the possession or quiet enjoyment of the leased premises.

Acts 2009, No. 464, § 1.
Ark. Code Ann. § 18-41-105 — AR Code / Title 18 / Chapter 41 / Section 18-41-105
Waiver to be recited in mortgage
Status: in_force

If any mortgagee procures a waiver of the landlord's lien, in part or in full, he or she shall recite it in his or her mortgage. If the waiver of lien is not recited in the mortgage, or attached thereto, the waiver shall be invalid against any subsequent mortgagee, purchaser, or assignee. Acts 1935, No. 161, § 1; Pope's Dig., § 8857; A.S.A. 1947, § 51-212.

If any mortgagee procures a waiver of the landlord's lien, in part or in full, he or she shall recite it in his or her mortgage. If the waiver of lien is not recited in the mortgage, or attached thereto, the waiver shall be invalid against any subsequent mortgagee, purchaser, or assignee.

Acts 1935, No. 161, § 1; Pope's Dig., § 8857; A.S.A. 1947, § 51-212.
Ark. Code Ann. § 18-43-112 — AR Code / Title 18 / Chapter 43 / Section 18-43-112
Sale of property
Status: in_force

If the amount adjudged to be due is not paid, with the cost of suit, on the day of trial, then the sheriff or constable shall immediately advertise the property charged for sale at public auction and sell it in not less than fifteen (15) days nor more than twenty-five (25) days from the date the judgment is rendered. Acts 1868, No. 64, § 10, p. 224; C. & M. Dig., § 6855; Pope's Dig., § 8811; A.S.A. 1947, § 51-308.

If the amount adjudged to be due is not paid, with the cost of suit, on the day of trial, then the sheriff or constable shall immediately advertise the property charged for sale at public auction and sell it in not less than fifteen (15) days nor more than twenty-five (25) days from the date the judgment is rendered.

Acts 1868, No. 64, § 10, p. 224; C. & M. Dig., § 6855; Pope's Dig., § 8811; A.S.A. 1947, § 51-308.
Ark. Code Ann. § 18-15-405 — AR Code / Title 18 / Chapter 15 / Subchapter 4 / Section 18-15-405
Power, oil, and gas lines, etc
Status: in_force

If any power, oil, or gas line or other public utility facility shall be flooded by an impounding lake, the property may be condemned if the operating authority of the municipal waterworks system determines the existence of the facility is inconsistent with the waterworks' requirements. Acts 1957, No. 269, § 6; A.S.A. 1947, § 35-912.

If any power, oil, or gas line or other public utility facility shall be flooded by an impounding lake, the property may be condemned if the operating authority of the municipal waterworks system determines the existence of the facility is inconsistent with the waterworks' requirements.

Acts 1957, No. 269, § 6; A.S.A. 1947, § 35-912.
Ark. Code Ann. § 18-11-503 — AR Code / Title 18 / Chapter 11 / Subchapter 5 / Section 18-11-503
Applicability of subchapter
Status: in_force

The provisions of this subchapter shall apply to cases currently pending in the courts of Arkansas as well as those filed subsequent to April 13, 1999. Acts 1999, No. 1380, § 3.

The provisions of this subchapter shall apply to cases currently pending in the courts of Arkansas as well as those filed subsequent to April 13, 1999.

Acts 1999, No. 1380, § 3.
Ark. Code Ann. § 18-14-203 — AR Code / Title 18 / Chapter 14 / Subchapter 2 / Section 18-14-203
Abbreviated registration - Exemptions
Status: in_force

(a) An abbreviated registration with the Arkansas Real Estate Commission may be accepted if the developer is registered and has issued a public offering statement or similar disclosure document that is provided to purchasers under any of the following: (1) Securities Act of 1933, 15 U.S.C. § 77a et seq.; (2) Arkansas Securities Act, § 23-42-101 et seq.; (3) Federal Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701 et seq., if the time-share plan is made a part of the subdivision that is being registered; and (4) Any federal or state act that requires a federal or state agency to review a public offering statement or similar disclosure document that must be distributed to purchasers if the commission determines that the federal or state public offering statement is substantially equivalent to that required by this chapter. (b) Annually or when a public offering statement is amended, the public offering statement shall be submitted to the commission for recertification. (c) An applicant filing an abbreviated registration shall pay: (1) A filing fee not to exceed five hundred dollars ($500); (2) Any necessary investigation expenses as stated in § 18-14-204(d) ; and (3) A fee not to exceed three hundred dollars ($300) for each request for recertification under subsection (b) of this section. (d) A registration with the commission is not required in the case of: (1) A transfer of a time-share interest by any time-share interest owner other than the developer or its agent unless the transfer is made to evade this chapter; (2) Any disposition under a court order; (3) A disposition by a government or governmental agency; (4) A disposition by foreclosure or deed in lieu of foreclosure; (5) A developer's offer of additional time-share interests in a time-share plan located outside this state to owners that have previously purchased from the developer or a developer under common ownership or control with the developer, if the developer has had a registration or amendment approved by the commission within the preceding seven (7) years; (6) A gratuitous transfer of a time-share interest; (7) A time-share property that consists of a single accommodation and related amenities for which the developer or a person under the control of, a subsidiary of, or affiliate of the developer operates as the acquisition agent, broker, or exchange agent; or (8) A disposition of a time-share interest owned by an owners' association of which the time-share interest is a part. Amended by Act 2013, No. 710,§ 2, eff. 8/16/2013. Acts 1983, No. 294, Art. 4, § 4-107; 1983, No. 765, § 5; A.S.A. 1947, § 50-1331.

(a) An abbreviated registration with the Arkansas Real Estate Commission may be accepted if the developer is registered and has issued a public offering statement or similar disclosure document that is provided to purchasers under any of the following: (1) Securities Act of 1933, 15 U.S.C. § 77a et seq.; (2) Arkansas Securities Act, § 23-42-101 et seq.; (3) Federal Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701 et seq., if the time-share plan is made a part of the subdivision that is being registered; and (4) Any federal or state act that requires a federal or state agency to review a public offering statement or similar disclosure document that must be distributed to purchasers if the commission determines that the federal or state public offering statement is substantially equivalent to that required by this chapter.

(1) Securities Act of 1933, 15 U.S.C. § 77a et seq.;

(2) Arkansas Securities Act, § 23-42-101 et seq.;

(3) Federal Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701 et seq., if the time-share plan is made a part of the subdivision that is being registered; and

(4) Any federal or state act that requires a federal or state agency to review a public offering statement or similar disclosure document that must be distributed to purchasers if the commission determines that the federal or state public offering statement is substantially equivalent to that required by this chapter.

(b) Annually or when a public offering statement is amended, the public offering statement shall be submitted to the commission for recertification.

(c) An applicant filing an abbreviated registration shall pay: (1) A filing fee not to exceed five hundred dollars ($500); (2) Any necessary investigation expenses as stated in § 18-14-204(d) ; and (3) A fee not to exceed three hundred dollars ($300) for each request for recertification under subsection (b) of this section.

(1) A filing fee not to exceed five hundred dollars ($500);

(2) Any necessary investigation expenses as stated in § 18-14-204(d) ; and

(3) A fee not to exceed three hundred dollars ($300) for each request for recertification under subsection (b) of this section.

(d) A registration with the commission is not required in the case of: (1) A transfer of a time-share interest by any time-share interest owner other than the developer or its agent unless the transfer is made to evade this chapter; (2) Any disposition under a court order; (3) A disposition by a government or governmental agency; (4) A disposition by foreclosure or deed in lieu of foreclosure; (5) A developer's offer of additional time-share interests in a time-share plan located outside this state to owners that have previously purchased from the developer or a developer under common ownership or control with the developer, if the developer has had a registration or amendment approved by the commission within the preceding seven (7) years; (6) A gratuitous transfer of a time-share interest; (7) A time-share property that consists of a single accommodation and related amenities for which the developer or a person under the control of, a subsidiary of, or affiliate of the developer operates as the acquisition agent, broker, or exchange agent; or (8) A disposition of a time-share interest owned by an owners' association of which the time-share interest is a part.

(1) A transfer of a time-share interest by any time-share interest owner other than the developer or its agent unless the transfer is made to evade this chapter;

(2) Any disposition under a court order;

(3) A disposition by a government or governmental agency;

(4) A disposition by foreclosure or deed in lieu of foreclosure;

(5) A developer's offer of additional time-share interests in a time-share plan located outside this state to owners that have previously purchased from the developer or a developer under common ownership or control with the developer, if the developer has had a registration or amendment approved by the commission within the preceding seven (7) years;

(6) A gratuitous transfer of a time-share interest;

(7) A time-share property that consists of a single accommodation and related amenities for which the developer or a person under the control of, a subsidiary of, or affiliate of the developer operates as the acquisition agent, broker, or exchange agent; or

(8) A disposition of a time-share interest owned by an owners' association of which the time-share interest is a part.

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

Acts 1983, No. 294, Art. 4, § 4-107; 1983, No. 765, § 5; A.S.A. 1947, § 50-1331.
Ark. Code Ann. § 18-48-302 — AR Code / Title 18 / Chapter 48 / Subchapter 3 / Section 18-48-302
Penalty for sale, exchange, removal, or disposition of female animal
Status: in_force

Upon the sale, exchange, removal, or disposition of a female animal described in § 18-48-301 without consent of the person holding the lien or with intent to defraud him or her, the owner of the female animal shall be guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). Acts 1909, No. 252, § 1, p. 756; C. & M. Dig., § 6937; Pope's Dig., § 8899; A.S.A. 1947, § 51-905; Acts 2005, No. 1994, § 99.

Upon the sale, exchange, removal, or disposition of a female animal described in § 18-48-301 without consent of the person holding the lien or with intent to defraud him or her, the owner of the female animal shall be guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).

Acts 1909, No. 252, § 1, p. 756; C. & M. Dig., § 6937; Pope's Dig., § 8899; A.S.A. 1947, § 51-905; Acts 2005, No. 1994, § 99.
Ark. Code Ann. § 18-46-102 — AR Code / Title 18 / Chapter 46 / Section 18-46-102
Definitions
Status: in_force

As used in this chapter: (1) "Ambulance service provider" means a provider that renders services as defined in § 14-266-103(1) and (2) ; (2) "Claim" means the claim of a patient: (A) For damages from a tortfeasor; or (B) For benefits from an insurer; (3) "Hospital" means a person that maintains an establishment in which sick and injured persons are given medical and surgical care; (4) "Injury" means impairment of bodily, nervous, or mental integrity or health; (5) "Insurer" means a person that by a contract of insurance has undertaken to indemnify a patient against loss through injury resulting from accident or accidental means; (6) "Patient" means a person injured through the fault or neglect of another person, for the relief or cure of whose injury a practitioner, nurse, or hospital renders service; (7) "Person" means a natural person, a partnership, an association, or a corporation; (8) "Practitioner" means a person licensed to: (A) Treat human ailments under the provisions of § 17-95-202 et seq.; (B) Practice dentistry as defined in § 17-82-102 ; (C) Practice chiropractic under the provisions of the Arkansas Chiropractic Practices Act, § 17-81-101 et seq.; (D) Practice massage therapy under the Massage Therapy Act, § 17-86-101 et seq.; and (E) Practice physical therapy under the Arkansas Physical Therapy Act, § 17-93-101 et seq.; (9) "Service" means personal service, food, lodging, ambulance service, medical supplies and appliances, and whatever else is reasonably necessary for the care, treatment, and maintenance of a patient; and (10) "Tortfeasor" means a person through whose fault or neglect a person is injured. Acts 1933, No. 130, § 1; Pope's Dig., §§ 7989, 10818; Acts 1971, No. 194, § 1; A.S.A. 1947, § 51-801; Acts 1991, No. 1156, § 1; 1993, No. 271, § 2; 2001, No. 363, § 1; 2005, No. 1671, § 1.

As used in this chapter:

(1) "Ambulance service provider" means a provider that renders services as defined in § 14-266-103(1) and (2) ;

(2) "Claim" means the claim of a patient: (A) For damages from a tortfeasor; or (B) For benefits from an insurer;

(A) For damages from a tortfeasor; or

(B) For benefits from an insurer;

(3) "Hospital" means a person that maintains an establishment in which sick and injured persons are given medical and surgical care;

(4) "Injury" means impairment of bodily, nervous, or mental integrity or health;

(5) "Insurer" means a person that by a contract of insurance has undertaken to indemnify a patient against loss through injury resulting from accident or accidental means;

(6) "Patient" means a person injured through the fault or neglect of another person, for the relief or cure of whose injury a practitioner, nurse, or hospital renders service;

(7) "Person" means a natural person, a partnership, an association, or a corporation;

(8) "Practitioner" means a person licensed to: (A) Treat human ailments under the provisions of § 17-95-202 et seq.; (B) Practice dentistry as defined in § 17-82-102 ; (C) Practice chiropractic under the provisions of the Arkansas Chiropractic Practices Act, § 17-81-101 et seq.; (D) Practice massage therapy under the Massage Therapy Act, § 17-86-101 et seq.; and (E) Practice physical therapy under the Arkansas Physical Therapy Act, § 17-93-101 et seq.;

(A) Treat human ailments under the provisions of § 17-95-202 et seq.;

(B) Practice dentistry as defined in § 17-82-102 ;

(C) Practice chiropractic under the provisions of the Arkansas Chiropractic Practices Act, § 17-81-101 et seq.;

(D) Practice massage therapy under the Massage Therapy Act, § 17-86-101 et seq.; and

(E) Practice physical therapy under the Arkansas Physical Therapy Act, § 17-93-101 et seq.;

(9) "Service" means personal service, food, lodging, ambulance service, medical supplies and appliances, and whatever else is reasonably necessary for the care, treatment, and maintenance of a patient; and

(10) "Tortfeasor" means a person through whose fault or neglect a person is injured.

Acts 1933, No. 130, § 1; Pope's Dig., §§ 7989, 10818; Acts 1971, No. 194, § 1; A.S.A. 1947, § 51-801; Acts 1991, No. 1156, § 1; 1993, No. 271, § 2; 2001, No. 363, § 1; 2005, No. 1671, § 1.
Ark. Code Ann. § 18-44-114 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-114
Notice and service generally
Status: in_force

(a) Every person who may wish to avail himself or herself of the benefit of the provisions of this subchapter shall give ten (10) days' notice before the filing of the lien, as required in § 18-44-117(a) , to the owner of a building or improvement that he or she holds a claim against the building or improvement, setting forth the amount and from whom it is due. (b) (1) The notice may be served by any: (A) Officer authorized by law to serve process in a civil action; (B) Person who would be a competent witness; (C) Form of mail addressed to the person to be served, with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or (D) Means that provides written, third-party verification of delivery at any place where the owner of the building or improvement maintains an office, conducts business, or resides. (2) (A) (i) When served by an officer, his or her official return endorsed on the notice shall be proof of the service. (ii) When served by any other person, the fact of the service shall be verified by affidavit of the person serving the notice. (B) (i) When served by mail, the service shall be: (a) Complete when mailed; and (b) Verified by a return receipt signed by the addressee or the agent of the addressee, or a returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the notice by the addressee or that the item was unclaimed. (ii) If delivery of the mailed notice is refused by the addressee or the item is unclaimed: (a) The lien claimant shall immediately send the owner of the building or improvement a copy of the notice by first class mail and may proceed to file his or her lien; and (b) The unopened original of the item marked unclaimed or refused by the United States Postal Service shall be accepted as proof of service as of the postmarked date of the item. Acts 1895, No. 146, § 6, p. 217; C. & M. Dig., § 6917; Pope's Dig., § 8876; A.S.A. 1947, § 51-608; Acts 1991, No. 588, § 1; 1999, No. 1466, § 1; 2005, No. 2287, § 5; 2009, No. 454, § 3.

(a) Every person who may wish to avail himself or herself of the benefit of the provisions of this subchapter shall give ten (10) days' notice before the filing of the lien, as required in § 18-44-117(a) , to the owner of a building or improvement that he or she holds a claim against the building or improvement, setting forth the amount and from whom it is due.

(b) (1) The notice may be served by any: (A) Officer authorized by law to serve process in a civil action; (B) Person who would be a competent witness; (C) Form of mail addressed to the person to be served, with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or (D) Means that provides written, third-party verification of delivery at any place where the owner of the building or improvement maintains an office, conducts business, or resides. (2) (A) (i) When served by an officer, his or her official return endorsed on the notice shall be proof of the service. (ii) When served by any other person, the fact of the service shall be verified by affidavit of the person serving the notice. (B) (i) When served by mail, the service shall be: (a) Complete when mailed; and (b) Verified by a return receipt signed by the addressee or the agent of the addressee, or a returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the notice by the addressee or that the item was unclaimed. (ii) If delivery of the mailed notice is refused by the addressee or the item is unclaimed: (a) The lien claimant shall immediately send the owner of the building or improvement a copy of the notice by first class mail and may proceed to file his or her lien; and (b) The unopened original of the item marked unclaimed or refused by the United States Postal Service shall be accepted as proof of service as of the postmarked date of the item.

(1) The notice may be served by any: (A) Officer authorized by law to serve process in a civil action; (B) Person who would be a competent witness; (C) Form of mail addressed to the person to be served, with a return receipt requested and delivery restricted to the addressee or the agent of the addressee; or (D) Means that provides written, third-party verification of delivery at any place where the owner of the building or improvement maintains an office, conducts business, or resides.

(A) Officer authorized by law to serve process in a civil action;

(B) Person who would be a competent witness;

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

(D) Means that provides written, third-party verification of delivery at any place where the owner of the building or improvement maintains an office, conducts business, or resides.

(2) (A) (i) When served by an officer, his or her official return endorsed on the notice shall be proof of the service. (ii) When served by any other person, the fact of the service shall be verified by affidavit of the person serving the notice. (B) (i) When served by mail, the service shall be: (a) Complete when mailed; and (b) Verified by a return receipt signed by the addressee or the agent of the addressee, or a returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the notice by the addressee or that the item was unclaimed. (ii) If delivery of the mailed notice is refused by the addressee or the item is unclaimed: (a) The lien claimant shall immediately send the owner of the building or improvement a copy of the notice by first class mail and may proceed to file his or her lien; and (b) The unopened original of the item marked unclaimed or refused by the United States Postal Service shall be accepted as proof of service as of the postmarked date of the item.

(A) (i) When served by an officer, his or her official return endorsed on the notice shall be proof of the service. (ii) When served by any other person, the fact of the service shall be verified by affidavit of the person serving the notice.

(i) When served by an officer, his or her official return endorsed on the notice shall be proof of the service.

(ii) When served by any other person, the fact of the service shall be verified by affidavit of the person serving the notice.

(B) (i) When served by mail, the service shall be: (a) Complete when mailed; and (b) Verified by a return receipt signed by the addressee or the agent of the addressee, or a returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the notice by the addressee or that the item was unclaimed. (ii) If delivery of the mailed notice is refused by the addressee or the item is unclaimed: (a) The lien claimant shall immediately send the owner of the building or improvement a copy of the notice by first class mail and may proceed to file his or her lien; and (b) The unopened original of the item marked unclaimed or refused by the United States Postal Service shall be accepted as proof of service as of the postmarked date of the item.

(i) When served by mail, the service shall be: (a) Complete when mailed; and (b) Verified by a return receipt signed by the addressee or the agent of the addressee, or a returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the notice by the addressee or that the item was unclaimed.

(a) Complete when mailed; and

(b) Verified by a return receipt signed by the addressee or the agent of the addressee, or a returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the notice by the addressee or that the item was unclaimed.

(ii) If delivery of the mailed notice is refused by the addressee or the item is unclaimed: (a) The lien claimant shall immediately send the owner of the building or improvement a copy of the notice by first class mail and may proceed to file his or her lien; and (b) The unopened original of the item marked unclaimed or refused by the United States Postal Service shall be accepted as proof of service as of the postmarked date of the item.

(a) The lien claimant shall immediately send the owner of the building or improvement a copy of the notice by first class mail and may proceed to file his or her lien; and

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

Acts 1895, No. 146, § 6, p. 217; C. & M. Dig., § 6917; Pope's Dig., § 8876; A.S.A. 1947, § 51-608; Acts 1991, No. 588, § 1; 1999, No. 1466, § 1; 2005, No. 2287, § 5; 2009, No. 454, § 3.
Ark. Code Ann. § 18-60-1011 — AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1011
Report of open-market sale
Status: in_force

(a) Unless required to do so within a shorter time by § 18-60-401 et seq., a broker appointed under § 18-60-1010(b) to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under § 18-60-1006 or § 18-60-1010 . (b) The report required by subsection (a) must contain the following information: (1) a description of the property to be sold to each buyer; (2) the name of each buyer; (3) the proposed purchase price; (4) the terms and conditions of the proposed sale, including the terms of any owner financing; (5) the amounts to be paid to lienholders; (6) a statement of contractual or other arrangements or conditions of the broker's commission; and (7) other material facts relevant to the sale. Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

(a) Unless required to do so within a shorter time by § 18-60-401 et seq., a broker appointed under § 18-60-1010(b) to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under § 18-60-1006 or § 18-60-1010 .

(b) The report required by subsection (a) must contain the following information: (1) a description of the property to be sold to each buyer; (2) the name of each buyer; (3) the proposed purchase price; (4) the terms and conditions of the proposed sale, including the terms of any owner financing; (5) the amounts to be paid to lienholders; (6) a statement of contractual or other arrangements or conditions of the broker's commission; and (7) other material facts relevant to the sale.

(1) a description of the property to be sold to each buyer;

(2) the name of each buyer;

(3) the proposed purchase price;

(4) the terms and conditions of the proposed sale, including the terms of any owner financing;

(5) the amounts to be paid to lienholders;

(6) a statement of contractual or other arrangements or conditions of the broker's commission; and

(7) other material facts relevant to the sale.

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 18-44-305 — AR Code / Title 18 / Chapter 44 / Subchapter 3 / Section 18-44-305
Removal of property subject to lien
Status: in_force

(a) Whenever any person shall remove any property subject to a lien under this subchapter to a county other than the one in which the lien has been filed, the lienholder, within ninety (90) days thereafter, may file an itemized inventory of the property so removed, showing how much is due and unpaid thereon, with the circuit clerk of the county to which it has been removed. (b) The filing shall operate as notice of the existence of the lien, and the lien shall attach and extend to the land or leasehold interest and other premises, property, and appurtenances to which the property so removed shall attach. Acts 1941, No. 71, § 3; A.S.A. 1947, § 51-713.

(a) Whenever any person shall remove any property subject to a lien under this subchapter to a county other than the one in which the lien has been filed, the lienholder, within ninety (90) days thereafter, may file an itemized inventory of the property so removed, showing how much is due and unpaid thereon, with the circuit clerk of the county to which it has been removed.

(b) The filing shall operate as notice of the existence of the lien, and the lien shall attach and extend to the land or leasehold interest and other premises, property, and appurtenances to which the property so removed shall attach.

Acts 1941, No. 71, § 3; A.S.A. 1947, § 51-713.
Ark. Code Ann. § 18-60-102 — AR Code / Title 18 / Chapter 60 / Subchapter 1 / Section 18-60-102
Injuring, destroying, or carrying away property of another
Status: in_force

(a) A person trespassing as follows shall pay a person injured treble the value of a thing damaged, broken, destroyed, or carried away, with costs, if the person shall: (1) Cut down, injure, destroy, or carry away any tree placed or growing for use or shade or any timber, rails, or wood, standing, being, or growing on the land of another person; (2) Dig up, quarry, or carry away any stone, ground, clay, turf, mold, fruit, or plants; or (3) Cut down or carry away, any grass, grain, corn, cotton, tobacco, hemp, or flax, in which he or she has no interest or right, standing or being on any land not his or her own, or shall wilfully break the glass, or any part of it, in any building not his or her own. (b) If any person trespasses upon land in violation of the provisions of this section and if the land is owned by several joint tenants, tenants in common, coparceners, or other co-owners, then any co-owner who has not given consent to the trespass shall be entitled to treble the value of the thing so damaged, broken, destroyed, or carried away, with costs, the treble damages to be computed according to the amount of the undivided interest of the co-owner. (c) If on the trial of any action brought under the provisions of this section it shall appear that the defendant had probable cause to believe that the land on which the trespass is alleged to have been committed, or that the thing so taken, carried away, injured, or destroyed, was his or her own, the plaintiff in the action shall recover single damages only, with costs. Rev. Stat., ch. 153, § 4; C. & M. Dig., § 10322; Acts 1937, No. 29, § 1; Pope's Dig., § 1299; Acts 1957, No. 88, § 1; A.S.A. 1947, §§ 50-105, 50-107.

(a) A person trespassing as follows shall pay a person injured treble the value of a thing damaged, broken, destroyed, or carried away, with costs, if the person shall: (1) Cut down, injure, destroy, or carry away any tree placed or growing for use or shade or any timber, rails, or wood, standing, being, or growing on the land of another person; (2) Dig up, quarry, or carry away any stone, ground, clay, turf, mold, fruit, or plants; or (3) Cut down or carry away, any grass, grain, corn, cotton, tobacco, hemp, or flax, in which he or she has no interest or right, standing or being on any land not his or her own, or shall wilfully break the glass, or any part of it, in any building not his or her own.

(1) Cut down, injure, destroy, or carry away any tree placed or growing for use or shade or any timber, rails, or wood, standing, being, or growing on the land of another person;

(2) Dig up, quarry, or carry away any stone, ground, clay, turf, mold, fruit, or plants; or

(3) Cut down or carry away, any grass, grain, corn, cotton, tobacco, hemp, or flax, in which he or she has no interest or right, standing or being on any land not his or her own, or shall wilfully break the glass, or any part of it, in any building not his or her own.

(b) If any person trespasses upon land in violation of the provisions of this section and if the land is owned by several joint tenants, tenants in common, coparceners, or other co-owners, then any co-owner who has not given consent to the trespass shall be entitled to treble the value of the thing so damaged, broken, destroyed, or carried away, with costs, the treble damages to be computed according to the amount of the undivided interest of the co-owner.

(c) If on the trial of any action brought under the provisions of this section it shall appear that the defendant had probable cause to believe that the land on which the trespass is alleged to have been committed, or that the thing so taken, carried away, injured, or destroyed, was his or her own, the plaintiff in the action shall recover single damages only, with costs.

Rev. Stat., ch. 153, § 4; C. & M. Dig., § 10322; Acts 1937, No. 29, § 1; Pope's Dig., § 1299; Acts 1957, No. 88, § 1; A.S.A. 1947, §§ 50-105, 50-107.
Ark. Code Ann. § 18-60-1012 — AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1012
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 18-11-606 — AR Code / Title 18 / Chapter 11 / Subchapter 6 / Section 18-11-606
Land leased to municipality
Status: in_force

Unless otherwise agreed to in writing, the provisions of §§ 18-11-604 and 18-11-605 shall be deemed the sole source of the duties and liability of an owner who leased or otherwise provided land to a municipality for a municipal water supply purpose. Acts 2005, No. 1977, § 1.

Unless otherwise agreed to in writing, the provisions of §§ 18-11-604 and 18-11-605 shall be deemed the sole source of the duties and liability of an owner who leased or otherwise provided land to a municipality for a municipal water supply purpose.

Acts 2005, No. 1977, § 1.
Ark. Code Ann. § 18-12-402 — AR Code / Title 18 / Chapter 12 / Subchapter 4 / Section 18-12-402
Relinquishment of dower or curtesy in spouse's land
Status: in_force

A married person may relinquish dower or curtesy in any of the real estate of a spouse by joining with the spouse in the deed of conveyance thereof, or by a separate instrument executed to spouse's grantee or anyone claiming title under the spouse, and acknowledging it in the manner prescribed by law. Rev. Stat., ch. 31, § 11; Acts 1919, No. 324, § 1; C. & M. Dig., § 1506; Pope's Dig., § 1815; Acts 1981, No. 714, § 5; A.S.A. 1947, § 50-416.

A married person may relinquish dower or curtesy in any of the real estate of a spouse by joining with the spouse in the deed of conveyance thereof, or by a separate instrument executed to spouse's grantee or anyone claiming title under the spouse, and acknowledging it in the manner prescribed by law.

Rev. Stat., ch. 31, § 11; Acts 1919, No. 324, § 1; C. & M. Dig., § 1506; Pope's Dig., § 1815; Acts 1981, No. 714, § 5; A.S.A. 1947, § 50-416.
Ark. Code Ann. § 18-13-111 — AR Code / Title 18 / Chapter 13 / Section 18-13-111
Status of individual units
Status: in_force

Once the property is submitted to the horizontal property regime, an apartment in the building may be individually conveyed and encumbered and may be the subject of ownership, possession, or sale and of all types of juridic acts intervivos or causa mortis as if it were sole and entirely independent of the other apartments in the building of which it forms a part, and the corresponding individual titles and interests shall be recordable. Acts 1961 (1st Ex. Sess.), No. 60, § 4; A.S.A. 1947, § 50-1004.

Once the property is submitted to the horizontal property regime, an apartment in the building may be individually conveyed and encumbered and may be the subject of ownership, possession, or sale and of all types of juridic acts intervivos or causa mortis as if it were sole and entirely independent of the other apartments in the building of which it forms a part, and the corresponding individual titles and interests shall be recordable.

Acts 1961 (1st Ex. Sess.), No. 60, § 4; A.S.A. 1947, § 50-1004.
Ark. Code Ann. § 18-48-801 — AR Code / Title 18 / Chapter 48 / Subchapter 8 / Section 18-48-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Principal Broker Real Estate Lien Act". Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.

This subchapter shall be known and may be cited as the "Principal Broker Real Estate Lien Act".

Acts 2005, No. 1944, § 1; 2011, No. 340, § 1.
Ark. Code Ann. § 18-11-108 — AR Code / Title 18 / Chapter 11 / Subchapter 1 / Section 18-11-108
Liability for criminal acts
Status: in_force

(a) A criminal act committed on real property by a third party is not foreseeable in any circumstance by a person having an interest in the real property, including without limitation: (1) An owner; (2) A landlord; (3) A tenant; or (4) A lienholder. (b) Except as provided in subsection (c) of this section, a person having an interest in real property shall not be liable to a licensee, invitee, trespasser, employee, agent, or any other person for the unforeseeable criminal acts of a third party committed on his or her real property. (c) This section does not: (1) Establish or repeal the doctrine of infra hospitium, which means in the care or custody of the innkeeper, or change the liability of an innkeeper or the operator of a public lodging; and (2) Expand or reduce the obligation or liabilities of an employer or principal for criminal acts committed under the doctrine of respondeat superior, which makes the principal liable to a third party for any loss caused by the principal's agent. Added by Act 2019, No. 496,§ 2, eff. 3/18/2019.

(a) A criminal act committed on real property by a third party is not foreseeable in any circumstance by a person having an interest in the real property, including without limitation: (1) An owner; (2) A landlord; (3) A tenant; or (4) A lienholder.

(1) An owner;

(2) A landlord;

(3) A tenant; or

(4) A lienholder.

(b) Except as provided in subsection (c) of this section, a person having an interest in real property shall not be liable to a licensee, invitee, trespasser, employee, agent, or any other person for the unforeseeable criminal acts of a third party committed on his or her real property.

(c) This section does not: (1) Establish or repeal the doctrine of infra hospitium, which means in the care or custody of the innkeeper, or change the liability of an innkeeper or the operator of a public lodging; and (2) Expand or reduce the obligation or liabilities of an employer or principal for criminal acts committed under the doctrine of respondeat superior, which makes the principal liable to a third party for any loss caused by the principal's agent.

(1) Establish or repeal the doctrine of infra hospitium, which means in the care or custody of the innkeeper, or change the liability of an innkeeper or the operator of a public lodging; and

(2) Expand or reduce the obligation or liabilities of an employer or principal for criminal acts committed under the doctrine of respondeat superior, which makes the principal liable to a third party for any loss caused by the principal's agent.

Added by Act 2019, No. 496,§ 2, eff. 3/18/2019.
Ark. Code Ann. § 18-60-426 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-426
Sale of land held jointly or otherwise by incompetent person
Status: in_force

(a) The land of an incompetent person held jointly or otherwise, by survivorship, entirety, tenancy in common, joint tenancy, or howsoever held, with another or others, though not necessary for the payments of debts or maintenance, may be sold by order of the probate division of circuit court having jurisdiction over the land or guardian of the person when it shall appear to the court from legal evidence that the interest of the other owner or owners would be advanced thereby and that the interest of the incompetent person would not be injuriously affected. (b) The sale of the interest and the disposition of the proceeds derived therefrom shall be controlled in the same manner as provided by law in sales by guardians of real property wherein their wards have an interest. (c) It is the specific intent of this section to enable guardians, regardless of their wards' interest in real property, technical estate by which held, or the relationship to the ward, to sell the interest of the ward in the property subject to the provisions of subsection (a) of this section. Civil Code, § 534; C. & M. Dig., §§ 5870, 8123; Pope's Dig., §§ 7587, 10545; Acts 1949, No. 349, §§ 1, 2; A.S.A. 1947, §§ 34-1835, 34-1835n.

(a) The land of an incompetent person held jointly or otherwise, by survivorship, entirety, tenancy in common, joint tenancy, or howsoever held, with another or others, though not necessary for the payments of debts or maintenance, may be sold by order of the probate division of circuit court having jurisdiction over the land or guardian of the person when it shall appear to the court from legal evidence that the interest of the other owner or owners would be advanced thereby and that the interest of the incompetent person would not be injuriously affected.

(b) The sale of the interest and the disposition of the proceeds derived therefrom shall be controlled in the same manner as provided by law in sales by guardians of real property wherein their wards have an interest.

(c) It is the specific intent of this section to enable guardians, regardless of their wards' interest in real property, technical estate by which held, or the relationship to the ward, to sell the interest of the ward in the property subject to the provisions of subsection (a) of this section.

Civil Code, § 534; C. & M. Dig., §§ 5870, 8123; Pope's Dig., §§ 7587, 10545; Acts 1949, No. 349, §§ 1, 2; A.S.A. 1947, §§ 34-1835, 34-1835n.
Ark. Code Ann. § 18-16-402 — AR Code / Title 18 / Chapter 16 / Subchapter 4 / Section 18-16-402
Operator's lien on stored property
Status: in_force

(a) (1) An operator of a self-service storage facility has a lien on all personal property stored within each leased space for rent, labor, or other charges and for expenses reasonably incurred in its sale or removal from a self-service storage facility under this subchapter. (2) If the personal property is a motor vehicle, trailer, or watercraft, the lien shall include fees and expenses reasonably incurred by an operator to remove the personal property from a self-service storage facility under this subchapter. (b) The lien provided for in this section attaches as of the date the personal property is brought to the self-service storage facility and shall be superior to any other lien or security interest except the following: (1) A lien which is perfected and recorded in Arkansas in the name of the occupant, either in the county of the occupant's last known address or in the county where the self-service storage facility is located, prior to the date of the rental agreement; (2) Any tax lien; and (3) Any lienholder with a perfected security interest in the property. (c) Nothing in this subchapter shall be construed to prohibit the occupant, operator, lienholder, or any other person or entity claiming an interest in the property stored in the leased space from applying to a court of competent jurisdiction to determine the validity of the lien or its priority. Amended by Act 2015, No. 348,§ 1, eff. 7/22/2015. Acts 1987, No. 576, §§ 3, 7.

(a) (1) An operator of a self-service storage facility has a lien on all personal property stored within each leased space for rent, labor, or other charges and for expenses reasonably incurred in its sale or removal from a self-service storage facility under this subchapter. (2) If the personal property is a motor vehicle, trailer, or watercraft, the lien shall include fees and expenses reasonably incurred by an operator to remove the personal property from a self-service storage facility under this subchapter.

(1) An operator of a self-service storage facility has a lien on all personal property stored within each leased space for rent, labor, or other charges and for expenses reasonably incurred in its sale or removal from a self-service storage facility under this subchapter.

(2) If the personal property is a motor vehicle, trailer, or watercraft, the lien shall include fees and expenses reasonably incurred by an operator to remove the personal property from a self-service storage facility under this subchapter.

(b) The lien provided for in this section attaches as of the date the personal property is brought to the self-service storage facility and shall be superior to any other lien or security interest except the following: (1) A lien which is perfected and recorded in Arkansas in the name of the occupant, either in the county of the occupant's last known address or in the county where the self-service storage facility is located, prior to the date of the rental agreement; (2) Any tax lien; and (3) Any lienholder with a perfected security interest in the property.

(1) A lien which is perfected and recorded in Arkansas in the name of the occupant, either in the county of the occupant's last known address or in the county where the self-service storage facility is located, prior to the date of the rental agreement;

(2) Any tax lien; and

(3) Any lienholder with a perfected security interest in the property.

(c) Nothing in this subchapter shall be construed to prohibit the occupant, operator, lienholder, or any other person or entity claiming an interest in the property stored in the leased space from applying to a court of competent jurisdiction to determine the validity of the lien or its priority.

Amended by Act 2015, No. 348,§ 1, eff. 7/22/2015.

Acts 1987, No. 576, §§ 3, 7.
Ark. Code Ann. § 18-44-403 — AR Code / Title 18 / Chapter 44 / Subchapter 4 / Section 18-44-403
Limitations of actions
Status: in_force

The lien mentioned in § 18-44-401 shall not be effectual unless suit is brought upon the claim or unless the claim is filed by order of court with the receiver of the railroad within one (1) year after the claim has accrued. Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 2, p. 145; C. & M. Dig., § 8556; Pope's Dig., § 11132; A.S.A. 1947, § 73-738.

The lien mentioned in § 18-44-401 shall not be effectual unless suit is brought upon the claim or unless the claim is filed by order of court with the receiver of the railroad within one (1) year after the claim has accrued.

Acts 1887, No. 70, § 1, p. 96; 1899, No. 88, § 2, p. 145; C. & M. Dig., § 8556; Pope's Dig., § 11132; A.S.A. 1947, § 73-738.
Ark. Code Ann. § 18-15-1505 — AR Code / Title 18 / Chapter 15 / Subchapter 15 / Section 18-15-1505
Urban renewal agencies
Status: in_force

(a) (1) (A) From and after the passage of this act, any urban renewal agency in this state created pursuant to the provisions of §§ 14-169-601 - 14-169-609 , 14-169-701 - 14-169-713 , and 14-169-801 shall have the power of eminent domain to carry out urban renewal plan objectives. (B) The procedure to be followed by the urban renewal agency to acquire property by eminent domain shall be that the board of commissioners shall, by resolution, declare that: (i) The acquisition of certain real property is necessary for urban renewal plan objectives which have been approved by the governing body of the municipal government after a public hearing; (ii) Negotiations for acquisition have been unsuccessful; and (iii) Suit is authorized to condemn the property. (2) (A) An urban renewal agency may exercise the power of eminent domain in the manner prescribed by law for condemnation by railroad corporations in this state as prescribed by §§ 18-15-1202 - 18-15-1207 and acts amendatory thereof or supplementary thereto. (B) The urban renewal agency may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. (b) It is the intent of this section to affirm the power of urban renewal agencies to exercise the power of eminent domain to acquire real property to carry out urban renewal plan objectives. Acts 1971, No. 542, §§ 1, 2; A.S.A. 1947, §§ 19-3075, 19-3076.

(a) (1) (A) From and after the passage of this act, any urban renewal agency in this state created pursuant to the provisions of §§ 14-169-601 - 14-169-609 , 14-169-701 - 14-169-713 , and 14-169-801 shall have the power of eminent domain to carry out urban renewal plan objectives. (B) The procedure to be followed by the urban renewal agency to acquire property by eminent domain shall be that the board of commissioners shall, by resolution, declare that: (i) The acquisition of certain real property is necessary for urban renewal plan objectives which have been approved by the governing body of the municipal government after a public hearing; (ii) Negotiations for acquisition have been unsuccessful; and (iii) Suit is authorized to condemn the property. (2) (A) An urban renewal agency may exercise the power of eminent domain in the manner prescribed by law for condemnation by railroad corporations in this state as prescribed by §§ 18-15-1202 - 18-15-1207 and acts amendatory thereof or supplementary thereto. (B) The urban renewal agency may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.

(1) (A) From and after the passage of this act, any urban renewal agency in this state created pursuant to the provisions of §§ 14-169-601 - 14-169-609 , 14-169-701 - 14-169-713 , and 14-169-801 shall have the power of eminent domain to carry out urban renewal plan objectives. (B) The procedure to be followed by the urban renewal agency to acquire property by eminent domain shall be that the board of commissioners shall, by resolution, declare that: (i) The acquisition of certain real property is necessary for urban renewal plan objectives which have been approved by the governing body of the municipal government after a public hearing; (ii) Negotiations for acquisition have been unsuccessful; and (iii) Suit is authorized to condemn the property.

(A) From and after the passage of this act, any urban renewal agency in this state created pursuant to the provisions of §§ 14-169-601 - 14-169-609 , 14-169-701 - 14-169-713 , and 14-169-801 shall have the power of eminent domain to carry out urban renewal plan objectives.

(B) The procedure to be followed by the urban renewal agency to acquire property by eminent domain shall be that the board of commissioners shall, by resolution, declare that: (i) The acquisition of certain real property is necessary for urban renewal plan objectives which have been approved by the governing body of the municipal government after a public hearing; (ii) Negotiations for acquisition have been unsuccessful; and (iii) Suit is authorized to condemn the property.

(i) The acquisition of certain real property is necessary for urban renewal plan objectives which have been approved by the governing body of the municipal government after a public hearing;

(ii) Negotiations for acquisition have been unsuccessful; and

(iii) Suit is authorized to condemn the property.

(2) (A) An urban renewal agency may exercise the power of eminent domain in the manner prescribed by law for condemnation by railroad corporations in this state as prescribed by §§ 18-15-1202 - 18-15-1207 and acts amendatory thereof or supplementary thereto. (B) The urban renewal agency may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.

(A) An urban renewal agency may exercise the power of eminent domain in the manner prescribed by law for condemnation by railroad corporations in this state as prescribed by §§ 18-15-1202 - 18-15-1207 and acts amendatory thereof or supplementary thereto.

(B) The urban renewal agency may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.

(b) It is the intent of this section to affirm the power of urban renewal agencies to exercise the power of eminent domain to acquire real property to carry out urban renewal plan objectives.

Acts 1971, No. 542, §§ 1, 2; A.S.A. 1947, §§ 19-3075, 19-3076.
Ark. Code Ann. § 18-15-1105 — AR Code / Title 18 / Chapter 15 / Subchapter 11 / Section 18-15-1105
Right-of-way and construction in city and town
Status: in_force

(a) The city council of any city of the first class or city of the second class and the town councils of any incorporated towns shall have power to grant an irrigation corporation the right-of-way through the streets of the city or town, with the right to construct any canal, ditch, drain, conduit, aqueduct, pipeline, dam, bulkhead, water gate, or any other necessary works or improvements in the city or town. (b) However, if any property is damaged thereby, the irrigation corporation shall be liable in damages to the owner of the property, and the damages shall be assessed in the manner provided by law for assessing damages for the appropriation of the right-of-way through lands by railroad companies. Acts 1909, No. 87, § 7, p. 234; A.S.A. 1947, § 35-1207.

(a) The city council of any city of the first class or city of the second class and the town councils of any incorporated towns shall have power to grant an irrigation corporation the right-of-way through the streets of the city or town, with the right to construct any canal, ditch, drain, conduit, aqueduct, pipeline, dam, bulkhead, water gate, or any other necessary works or improvements in the city or town.

(b) However, if any property is damaged thereby, the irrigation corporation shall be liable in damages to the owner of the property, and the damages shall be assessed in the manner provided by law for assessing damages for the appropriation of the right-of-way through lands by railroad companies.

Acts 1909, No. 87, § 7, p. 234; A.S.A. 1947, § 35-1207.
Ark. Code Ann. § 18-48-403 — AR Code / Title 18 / Chapter 48 / Subchapter 4 / Section 18-48-403
Priority of lien
Status: in_force

The lien provided for in this subchapter shall have the same priority as is provided by § 18-45-202 . Acts 1951, No. 251, § 4; A.S.A. 1947, § 51-916.

The lien provided for in this subchapter shall have the same priority as is provided by § 18-45-202 .

Acts 1951, No. 251, § 4; A.S.A. 1947, § 51-916.
Ark. Code Ann. § 18-15-604 — AR Code / Title 18 / Chapter 15 / Subchapter 6 / Section 18-15-604
Petition
Status: in_force

(a) (1) The municipal corporation or other corporation so intending and desiring to condemn, take, and use the real estate may present to the circuit court in and for the county in which the lands so proposed to be taken, condemned, and used are situated, a petition signed by the president and secretary of the corporation or water association or by the mayor, recorder, or other executive officer of the city, town, or village. (2) This petition shall set forth a description of the enterprise to be prosecuted by them and describe with reasonable certainty and by reference to the map or plat, or otherwise, the lands, property, and estate which it will be necessary to appropriate, take, use, overflow, drain, or otherwise affect, setting forth the name of each and every owner, encumbrancer, or other person interested in the lands, property, or estate or any part thereof, so far as it can be ascertained by the public records and by view of the premises or other inquiry touching the occupation thereof. (b) In case the property sought to be condemned is owned by any individual or corporation and is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which the whole or a part of the property may be located, and proceedings had in the circuit court will apply to all the property designated in the petition. (c) The notice of the filing of the petition and the presentation thereof shall be given to the owners and parties interested as is now prescribed by law for the condemnation of property by railroad, telegraph, and telephone corporations. (d) The written notice to the landowner shall include a statement that the owner may request, within twenty (20) days of receipt of the notice, that the corporations or associations shall mark and identify the proposed area of the easement on the landowner's property which is the subject of the eminent domain action, and which shall be done at the expense of the corporation or association. Acts 1895, No. 126, §§ 5, 6, p. 183; C. & M. Dig., §§ 4038, 4039; Pope's Dig., §§ 5040, 5041; A.S.A. 1947, §§ 35-405, 35-406; Acts 1995, No. 1207, § 2.

(a) (1) The municipal corporation or other corporation so intending and desiring to condemn, take, and use the real estate may present to the circuit court in and for the county in which the lands so proposed to be taken, condemned, and used are situated, a petition signed by the president and secretary of the corporation or water association or by the mayor, recorder, or other executive officer of the city, town, or village. (2) This petition shall set forth a description of the enterprise to be prosecuted by them and describe with reasonable certainty and by reference to the map or plat, or otherwise, the lands, property, and estate which it will be necessary to appropriate, take, use, overflow, drain, or otherwise affect, setting forth the name of each and every owner, encumbrancer, or other person interested in the lands, property, or estate or any part thereof, so far as it can be ascertained by the public records and by view of the premises or other inquiry touching the occupation thereof.

(1) The municipal corporation or other corporation so intending and desiring to condemn, take, and use the real estate may present to the circuit court in and for the county in which the lands so proposed to be taken, condemned, and used are situated, a petition signed by the president and secretary of the corporation or water association or by the mayor, recorder, or other executive officer of the city, town, or village.

(2) This petition shall set forth a description of the enterprise to be prosecuted by them and describe with reasonable certainty and by reference to the map or plat, or otherwise, the lands, property, and estate which it will be necessary to appropriate, take, use, overflow, drain, or otherwise affect, setting forth the name of each and every owner, encumbrancer, or other person interested in the lands, property, or estate or any part thereof, so far as it can be ascertained by the public records and by view of the premises or other inquiry touching the occupation thereof.

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

(c) The notice of the filing of the petition and the presentation thereof shall be given to the owners and parties interested as is now prescribed by law for the condemnation of property by railroad, telegraph, and telephone corporations.

(d) The written notice to the landowner shall include a statement that the owner may request, within twenty (20) days of receipt of the notice, that the corporations or associations shall mark and identify the proposed area of the easement on the landowner's property which is the subject of the eminent domain action, and which shall be done at the expense of the corporation or association.

Acts 1895, No. 126, §§ 5, 6, p. 183; C. & M. Dig., §§ 4038, 4039; Pope's Dig., §§ 5040, 5041; A.S.A. 1947, §§ 35-405, 35-406; Acts 1995, No. 1207, § 2.
Ark. Code Ann. § 18-15-1008 — AR Code / Title 18 / Chapter 15 / Subchapter 10 / Section 18-15-1008
Appropriation of land without owner's consent
Status: in_force

(a) Whenever the board of directors or commissioners of any levee or drainage district may have appropriated, or shall appropriate, any land for right-of-way for the construction and maintenance of either levees, ditches, canals, or drains, and constructed levees or drains thereon without having procured the consent of the owner of the land to construct the levees or drains or without having procured the right-ofway, either by purchase, donations, or condemnation, the owner, when his or her cause of action has not been barred by the statute of limitations, shall have a cause of action against the board of directors or commissioners for the market value of the land at the time it was actually occupied. (b) The owner may also claim such damages for inconveniences of crossing from one (1) portion of the tract, then owned by the party seeking to recover, to the other portion of the tract, as he or she has sustained, and such damages as the owner may have sustained on account of obstruction of natural drainage to the tract of land over which the levee or drain may have been or shall be constructed, not to exceed the cost of constructing artificial drainage. Acts 1945, No. 177, § 8; A.S.A. 1947, § 35-1108.

(a) Whenever the board of directors or commissioners of any levee or drainage district may have appropriated, or shall appropriate, any land for right-of-way for the construction and maintenance of either levees, ditches, canals, or drains, and constructed levees or drains thereon without having procured the consent of the owner of the land to construct the levees or drains or without having procured the right-ofway, either by purchase, donations, or condemnation, the owner, when his or her cause of action has not been barred by the statute of limitations, shall have a cause of action against the board of directors or commissioners for the market value of the land at the time it was actually occupied.

(b) The owner may also claim such damages for inconveniences of crossing from one (1) portion of the tract, then owned by the party seeking to recover, to the other portion of the tract, as he or she has sustained, and such damages as the owner may have sustained on account of obstruction of natural drainage to the tract of land over which the levee or drain may have been or shall be constructed, not to exceed the cost of constructing artificial drainage.

Acts 1945, No. 177, § 8; A.S.A. 1947, § 35-1108.
Ark. Code Ann. § 18-46-104 — AR Code / Title 18 / Chapter 46 / Section 18-46-104
Extent of lien
Status: in_force

On compliance with the requirements of this chapter, a practitioner, a nurse, an orthotist, a prosthetist, a pedorthist, a hospital, and an ambulance service provider shall each have a lien: (1) For the value of the service rendered and to be rendered by the practitioner, nurse, orthotist, prosthetist, pedorthist, hospital, or ambulance service provider to a patient, at the express or implied request of the patient or of someone acting on his or her behalf, for the relief and cure of an injury suffered through the fault or neglect of someone other than the patient; (2) On any claim, right of action, and money to which the patient is entitled because of that injury, and to costs and attorney's fees incurred in enforcing that lien; and (3) For the cost of a prosthesis, orthotic, pedorthic device, or medical appliance provided to the patient. Amended by Act 2021, No. 477,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 890,§ 1, eff. 7/24/2019. Acts 1933, No. 130, § 2; Pope's Dig., §§ 7990, 10819; A.S.A. 1947, § 51-802; Acts 1993, No. 271, § 3.

On compliance with the requirements of this chapter, a practitioner, a nurse, an orthotist, a prosthetist, a pedorthist, a hospital, and an ambulance service provider shall each have a lien:

(1) For the value of the service rendered and to be rendered by the practitioner, nurse, orthotist, prosthetist, pedorthist, hospital, or ambulance service provider to a patient, at the express or implied request of the patient or of someone acting on his or her behalf, for the relief and cure of an injury suffered through the fault or neglect of someone other than the patient;

(2) On any claim, right of action, and money to which the patient is entitled because of that injury, and to costs and attorney's fees incurred in enforcing that lien; and

(3) For the cost of a prosthesis, orthotic, pedorthic device, or medical appliance provided to the patient.

Amended by Act 2021, No. 477,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 890,§ 1, eff. 7/24/2019.

Acts 1933, No. 130, § 2; Pope's Dig., §§ 7990, 10819; A.S.A. 1947, § 51-802; Acts 1993, No. 271, § 3.
Ark. Code Ann. § 18-44-101 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-101
Liens on buildings, land, or boats
Status: in_force

(a) Every contractor, subcontractor, or material supplier as defined in § 18-44-107 who supplies labor, services, material, fixtures, engines, boilers, or machinery in the construction or repair of an improvement to real estate, or any boat or vessel of any kind, by virtue of a contract with the owner, proprietor, contractor, or subcontractor, or agent thereof, upon complying with the provisions of this subchapter, shall have, to secure payment, a lien upon the improvement and on up to one (1) acre of land upon which the improvement is situated, or to the extent of any number of acres of land upon which work has been done or improvements erected or repaired. (b) If the improvement is to any boat or vessel, then the lien shall be upon the boat or vessel to secure the payment for labor done or materials, fixtures, engines, boilers, or machinery furnished. Acts 1895, No. 146, § 1, p. 217; C. & M. Dig., § 6906; Acts 1923, No. 563, § 1; Pope's Dig., § 8865; Acts 1969, No. 112, § 1; A.S.A. 1947, § 51-601; Acts 1995, No. 1298, § 1.

(a) Every contractor, subcontractor, or material supplier as defined in § 18-44-107 who supplies labor, services, material, fixtures, engines, boilers, or machinery in the construction or repair of an improvement to real estate, or any boat or vessel of any kind, by virtue of a contract with the owner, proprietor, contractor, or subcontractor, or agent thereof, upon complying with the provisions of this subchapter, shall have, to secure payment, a lien upon the improvement and on up to one (1) acre of land upon which the improvement is situated, or to the extent of any number of acres of land upon which work has been done or improvements erected or repaired.

(b) If the improvement is to any boat or vessel, then the lien shall be upon the boat or vessel to secure the payment for labor done or materials, fixtures, engines, boilers, or machinery furnished.

Acts 1895, No. 146, § 1, p. 217; C. & M. Dig., § 6906; Acts 1923, No. 563, § 1; Pope's Dig., § 8865; Acts 1969, No. 112, § 1; A.S.A. 1947, § 51-601; Acts 1995, No. 1298, § 1.
Ark. Code Ann. § 18-45-305 — AR Code / Title 18 / Chapter 45 / Subchapter 3 / Section 18-45-305
Enforcement of lien if possession not retained
Status: in_force

(a) If the lienholder has voluntarily parted with possession of any property upon which he or she has a lien under the provisions of this subchapter, he or she may still avail himself or herself of a lien by filing a just and true itemized account within ninety (90) days after the work or labor is performed or material furnished with the clerk of the circuit court of the county in which the property is located. (b) The clerk of the circuit court shall file the account and make an abstract of it in the proper lien record book, and the clerk may charge a fee of twenty-five cents (25¢) for the service. (c) (1) The lien provided for in this subchapter may be enforced at any time within ninety (90) days after the filing of the lien. (2) The enforcement of such liens shall be by suits in the circuit court of the county in which the property is located. Acts 1939, No. 61, § 3; A.S.A. 1947, § 51-415.

(a) If the lienholder has voluntarily parted with possession of any property upon which he or she has a lien under the provisions of this subchapter, he or she may still avail himself or herself of a lien by filing a just and true itemized account within ninety (90) days after the work or labor is performed or material furnished with the clerk of the circuit court of the county in which the property is located.

(b) The clerk of the circuit court shall file the account and make an abstract of it in the proper lien record book, and the clerk may charge a fee of twenty-five cents (25¢) for the service.

(c) (1) The lien provided for in this subchapter may be enforced at any time within ninety (90) days after the filing of the lien. (2) The enforcement of such liens shall be by suits in the circuit court of the county in which the property is located.

(1) The lien provided for in this subchapter may be enforced at any time within ninety (90) days after the filing of the lien.

(2) The enforcement of such liens shall be by suits in the circuit court of the county in which the property is located.

Acts 1939, No. 61, § 3; A.S.A. 1947, § 51-415.
Ark. Code Ann. § 18-48-304 — AR Code / Title 18 / Chapter 48 / Subchapter 3 / Section 18-48-304
Bond for retention of animals
Status: in_force

The owner may give bond for the retention of the animal or animals as in actions for the recovery of personal property. Acts 1909, No. 252, § 3, p. 756; C. & M. Dig., § 6939; Pope's Dig., § 8901; A.S.A. 1947, § 51-907.

The owner may give bond for the retention of the animal or animals as in actions for the recovery of personal property.

Acts 1909, No. 252, § 3, p. 756; C. & M. Dig., § 6939; Pope's Dig., § 8901; A.S.A. 1947, § 51-907.
Ark. Code Ann. § 18-60-504 — AR Code / Title 18 / Chapter 60 / Subchapter 5 / Section 18-60-504
Adjudication of rights
Status: in_force

If any person is summoned to appear in the cause, his or her rights shall be adjudicated according to the principles of equity. Acts 1899, No. 79, § 8, p. 133; C. & M. Dig., § 8371; Pope's Dig., § 10967; A.S.A. 1947, § 34-1908.

If any person is summoned to appear in the cause, his or her rights shall be adjudicated according to the principles of equity.

Acts 1899, No. 79, § 8, p. 133; C. & M. Dig., § 8371; Pope's Dig., § 10967; A.S.A. 1947, § 34-1908.
Ark. Code Ann. § 18-15-1011 — AR Code / Title 18 / Chapter 15 / Subchapter 10 / Section 18-15-1011
Acquisition of flowage and storage rights and other servitudes
Status: in_force

(a) (1) Whenever it becomes necessary for any levee or drainage district, or levee and drainage district organized under the laws of the State of Arkansas, to acquire flowage and storage rights and other servitudes upon, over, and across any lands in the construction, operation, and maintenance of any floodway, reservoir, emergency reservoir, spillway, or diversion, then the district shall have the full power and authority to acquire the rights by compromise, settlement, or other agreement with the owner. (2) If the owner is a minor or an individual with mental illness or if the land belongs to the estate of a deceased person, then the curator, guardian, executor, or administrator with the approval of the probate division of circuit court shall have the right and power to make the compromise or settlement and to convey to the levee or drainage district the easements or other instruments or agreements covering the flowage and storage rights upon, over, and across any lands embraced in the floodway, reservoir, emergency reservoir, spillway, or diversion. The easements, contracts, or agreements, when so executed, shall vest in the districts the right to use the land for the purposes mentioned and set forth in the easement or contract. (b) (1) If it becomes necessary for any levee or drainage district, or levee and drainage district, to institute condemnation proceedings under Acts 1905, No. 53, and § 14-120-217 , to acquire flowage and storage rights and other rights of servitudes over, upon, and across any lands embraced in any floodway, reservoir, emergency reservoir, spillway, or diversion, then all suits shall be prosecuted in the name of the district. If the district so elects, all lands sought to be condemned for these purposes may be embraced and included in one (1) suit. (2) All of the several and respective owners thereof, or other person, firm, or corporation having an interest therein, shall be made parties defendant. It shall not be necessary or required that the district institute independent and separate suits against the several and respective owners of the land and rights sought to be condemned for these purposes. Acts 1939, No. 83, §§ 1, 2; A.S.A. 1947, §§ 35-1112, 35-1113.

(a) (1) Whenever it becomes necessary for any levee or drainage district, or levee and drainage district organized under the laws of the State of Arkansas, to acquire flowage and storage rights and other servitudes upon, over, and across any lands in the construction, operation, and maintenance of any floodway, reservoir, emergency reservoir, spillway, or diversion, then the district shall have the full power and authority to acquire the rights by compromise, settlement, or other agreement with the owner. (2) If the owner is a minor or an individual with mental illness or if the land belongs to the estate of a deceased person, then the curator, guardian, executor, or administrator with the approval of the probate division of circuit court shall have the right and power to make the compromise or settlement and to convey to the levee or drainage district the easements or other instruments or agreements covering the flowage and storage rights upon, over, and across any lands embraced in the floodway, reservoir, emergency reservoir, spillway, or diversion. The easements, contracts, or agreements, when so executed, shall vest in the districts the right to use the land for the purposes mentioned and set forth in the easement or contract.

(1) Whenever it becomes necessary for any levee or drainage district, or levee and drainage district organized under the laws of the State of Arkansas, to acquire flowage and storage rights and other servitudes upon, over, and across any lands in the construction, operation, and maintenance of any floodway, reservoir, emergency reservoir, spillway, or diversion, then the district shall have the full power and authority to acquire the rights by compromise, settlement, or other agreement with the owner.

(2) If the owner is a minor or an individual with mental illness or if the land belongs to the estate of a deceased person, then the curator, guardian, executor, or administrator with the approval of the probate division of circuit court shall have the right and power to make the compromise or settlement and to convey to the levee or drainage district the easements or other instruments or agreements covering the flowage and storage rights upon, over, and across any lands embraced in the floodway, reservoir, emergency reservoir, spillway, or diversion. The easements, contracts, or agreements, when so executed, shall vest in the districts the right to use the land for the purposes mentioned and set forth in the easement or contract.

(b) (1) If it becomes necessary for any levee or drainage district, or levee and drainage district, to institute condemnation proceedings under Acts 1905, No. 53, and § 14-120-217 , to acquire flowage and storage rights and other rights of servitudes over, upon, and across any lands embraced in any floodway, reservoir, emergency reservoir, spillway, or diversion, then all suits shall be prosecuted in the name of the district. If the district so elects, all lands sought to be condemned for these purposes may be embraced and included in one (1) suit. (2) All of the several and respective owners thereof, or other person, firm, or corporation having an interest therein, shall be made parties defendant. It shall not be necessary or required that the district institute independent and separate suits against the several and respective owners of the land and rights sought to be condemned for these purposes.

(1) If it becomes necessary for any levee or drainage district, or levee and drainage district, to institute condemnation proceedings under Acts 1905, No. 53, and § 14-120-217 , to acquire flowage and storage rights and other rights of servitudes over, upon, and across any lands embraced in any floodway, reservoir, emergency reservoir, spillway, or diversion, then all suits shall be prosecuted in the name of the district. If the district so elects, all lands sought to be condemned for these purposes may be embraced and included in one (1) suit.

(2) All of the several and respective owners thereof, or other person, firm, or corporation having an interest therein, shall be made parties defendant. It shall not be necessary or required that the district institute independent and separate suits against the several and respective owners of the land and rights sought to be condemned for these purposes.

Acts 1939, No. 83, §§ 1, 2; A.S.A. 1947, §§ 35-1112, 35-1113.
Ark. Code Ann. § 18-60-705 — AR Code / Title 18 / Chapter 60 / Subchapter 7 / Section 18-60-705
Proof - Determination
Status: in_force

If any person appears to contest the petition, the burden of proof shall rest upon the person so appearing, and the court shall determine the rights of the parties in accordance with the principles and practice in equity and decree accordingly. Acts 1911, No. 267, § 4; C. & M. Dig., § 8377; Pope's Dig., § 10973; A.S.A. 1947, § 34-1916.

If any person appears to contest the petition, the burden of proof shall rest upon the person so appearing, and the court shall determine the rights of the parties in accordance with the principles and practice in equity and decree accordingly.

Acts 1911, No. 267, § 4; C. & M. Dig., § 8377; Pope's Dig., § 10973; A.S.A. 1947, § 34-1916.
Ark. Code Ann. § 18-15-1404 — AR Code / Title 18 / Chapter 15 / Subchapter 14 / Section 18-15-1404
Setting of time for inquiry
Status: in_force

If it shall appear to the court or judge that notice has been served ten (10) days before the time of application, or has been published, and that the notice is reasonably specific and certain, then the court or judge shall set a time for the inquiry into the assessment of compensation by a jury before the court or judge. Acts 1935, No. 163, § 4; Pope's Dig., § 9968; A.S.A. 1947, § 35-804.

If it shall appear to the court or judge that notice has been served ten (10) days before the time of application, or has been published, and that the notice is reasonably specific and certain, then the court or judge shall set a time for the inquiry into the assessment of compensation by a jury before the court or judge.

Acts 1935, No. 163, § 4; Pope's Dig., § 9968; A.S.A. 1947, § 35-804.
Ark. Code Ann. § 18-45-402 — AR Code / Title 18 / Chapter 45 / Subchapter 4 / Section 18-45-402
Priority
Status: in_force

(a) The lien provided for in this subchapter shall take precedence over, or be superior to, any mortgage or other obligation attaching against the property in all cases in which the holder of the mortgage or other obligation shall permit the property to remain in the possession and be used by the person owing and bound for the amount thereof. (b) The lien shall not take precedence over a bona fide purchaser for value of any such property without either actual or constructive notice. Acts 1939, No. 98, § 6; A.S.A. 1947, § 51-422.

(a) The lien provided for in this subchapter shall take precedence over, or be superior to, any mortgage or other obligation attaching against the property in all cases in which the holder of the mortgage or other obligation shall permit the property to remain in the possession and be used by the person owing and bound for the amount thereof.

(b) The lien shall not take precedence over a bona fide purchaser for value of any such property without either actual or constructive notice.

Acts 1939, No. 98, § 6; A.S.A. 1947, § 51-422.
Ark. Code Ann. § 18-28-211 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-211
Crediting of dividends, interest, and increments to owner's account
Status: in_force

If property other than money is delivered to the administrator under this subchapter, the owner is entitled to receive from the administrator any income or gain realized or accruing on the property at or before liquidation or conversion of the property into money. If the property was an interest-bearing demand, savings, or time deposit, including a deposit that is automatically renewable, the administrator shall not pay interest. Acts 1999, No. 850, § 11; 2005, No. 175, § 1.

If property other than money is delivered to the administrator under this subchapter, the owner is entitled to receive from the administrator any income or gain realized or accruing on the property at or before liquidation or conversion of the property into money. If the property was an interest-bearing demand, savings, or time deposit, including a deposit that is automatically renewable, the administrator shall not pay interest.

Acts 1999, No. 850, § 11; 2005, No. 175, § 1.
Ark. Code Ann. § 18-17-103 — AR Code / Title 18 / Chapter 17 / Subchapter 1 / Section 18-17-103
Administration of remedies - Enforcement
Status: in_force

(a) The remedies provided by this chapter shall be administered so that an aggrieved party may recover appropriate damages. (b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. Acts 2007, No. 1004, § 1; 2011, No. 271, § 4.

(a) The remedies provided by this chapter shall be administered so that an aggrieved party may recover appropriate damages.

(b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.

Acts 2007, No. 1004, § 1; 2011, No. 271, § 4.
Ark. Code Ann. § 18-15-1001 — AR Code / Title 18 / Chapter 15 / Subchapter 10 / Section 18-15-1001
Purpose
Status: in_force

It is expressly declared to be the purpose of this section and §§ 18-15-1002 - 18-15-1010 to enable levee and drainage districts in the State of Arkansas to acquire rights-of-way, borrow pits, and such other lands or rights as may be necessary for the purpose of extending, relocating, or draining any additional canal or ditch in any existing drainage district and for the purpose of extending, relocating, resetting, and enlarging any levee constructed by any levee district in the State of Arkansas without extending the boundaries of the district and without subjecting the lands of any drainage or levee district to taxation or special assessments because of the benefits that will accrue to the district and the lands therein by reason of the additional improvement contemplated, especially with funds of the United States Government, except such additional assessments as may be required on the lands of the district for the purpose of obtaining money with which to meet the requirements of the federal government in providing rights-of-way, borrow pits, and such other rights as the local agencies may be required to provide or furnish. Acts 1945, No. 177, § 11; A.S.A. 1947, § 35-1111.

It is expressly declared to be the purpose of this section and §§ 18-15-1002 - 18-15-1010 to enable levee and drainage districts in the State of Arkansas to acquire rights-of-way, borrow pits, and such other lands or rights as may be necessary for the purpose of extending, relocating, or draining any additional canal or ditch in any existing drainage district and for the purpose of extending, relocating, resetting, and enlarging any levee constructed by any levee district in the State of Arkansas without extending the boundaries of the district and without subjecting the lands of any drainage or levee district to taxation or special assessments because of the benefits that will accrue to the district and the lands therein by reason of the additional improvement contemplated, especially with funds of the United States Government, except such additional assessments as may be required on the lands of the district for the purpose of obtaining money with which to meet the requirements of the federal government in providing rights-of-way, borrow pits, and such other rights as the local agencies may be required to provide or furnish.

Acts 1945, No. 177, § 11; A.S.A. 1947, § 35-1111.
Ark. Code Ann. § 18-28-404 — AR Code / Title 18 / Chapter 28 / Subchapter 4 / Section 18-28-404
Reports
Status: in_force

A report required to be made to the Auditor of State by a holder of abandoned mineral proceeds under this subchapter shall be submitted to the Auditor of State in an electronic format approved by the Auditor of State. Added by Act 2015, No. 1039,§ 4, eff. 7/22/2015.

A report required to be made to the Auditor of State by a holder of abandoned mineral proceeds under this subchapter shall be submitted to the Auditor of State in an electronic format approved by the Auditor of State.

Added by Act 2015, No. 1039,§ 4, eff. 7/22/2015.
Ark. Code Ann. § 18-44-119 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-119
Limitation of actions
Status: in_force

(a) All actions under this subchapter shall be commenced within fifteen (15) months after filing the lien and prosecuted without unnecessary delay to final judgment. (b) No lien shall continue to exist by virtue of the provisions of this subchapter for more than fifteen (15) months after the lien is filed, unless within that time: (1) An action shall be instituted as described in this subchapter; and (2) A lis pendens is filed under § 16-59-101 et seq. Acts 1895, No. 146, § 15, p. 217; 1899, No. 182, § 1, p. 322; C. & M. Dig., § 6926; Pope's Dig., § 8888; A.S.A. 1947, § 51-616; Acts 2005, No. 2287, § 4.

(a) All actions under this subchapter shall be commenced within fifteen (15) months after filing the lien and prosecuted without unnecessary delay to final judgment.

(b) No lien shall continue to exist by virtue of the provisions of this subchapter for more than fifteen (15) months after the lien is filed, unless within that time: (1) An action shall be instituted as described in this subchapter; and (2) A lis pendens is filed under § 16-59-101 et seq.

(1) An action shall be instituted as described in this subchapter; and

(2) A lis pendens is filed under § 16-59-101 et seq.

Acts 1895, No. 146, § 15, p. 217; 1899, No. 182, § 1, p. 322; C. & M. Dig., § 6926; Pope's Dig., § 8888; A.S.A. 1947, § 51-616; Acts 2005, No. 2287, § 4.
Ark. Code Ann. § 18-60-421 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-421
Commissioners or other interested parties not to purchase
Status: in_force

(a) (1) No commissioner nor any person for his or her benefit shall purchase or be directly or indirectly interested in the purchase of any of the premises sold. (2) No guardian of any minor or person of unsound mind party to the proceedings shall purchase or be interested in the purchase of any of the lands the subject of the proceedings except for the benefit or in behalf of his or her ward. (b) All sales contrary to the provisions of this section shall be void. Rev. Stat., ch. 107, § 27; C. & M. Dig., § 8115; Pope's Dig., § 10536; A.S.A. 1947, § 34-1830.

(a) (1) No commissioner nor any person for his or her benefit shall purchase or be directly or indirectly interested in the purchase of any of the premises sold. (2) No guardian of any minor or person of unsound mind party to the proceedings shall purchase or be interested in the purchase of any of the lands the subject of the proceedings except for the benefit or in behalf of his or her ward.

(1) No commissioner nor any person for his or her benefit shall purchase or be directly or indirectly interested in the purchase of any of the premises sold.

(2) No guardian of any minor or person of unsound mind party to the proceedings shall purchase or be interested in the purchase of any of the lands the subject of the proceedings except for the benefit or in behalf of his or her ward.

(b) All sales contrary to the provisions of this section shall be void.

Rev. Stat., ch. 107, § 27; C. & M. Dig., § 8115; Pope's Dig., § 10536; A.S.A. 1947, § 34-1830.
Ark. Code Ann. § 18-44-207 — AR Code / Title 18 / Chapter 44 / Subchapter 2 / Section 18-44-207
Lien of common laborer superior
Status: in_force

(a) As between the various liens provided by §§ 18-44-202 - 18-44-204 , that given common laborers shall be superior to all other liens perfected under this section and §§ 18-44-201 - 18-44-206 and 18-44-208 - 18-44-210 . (b) The term "common laborer" shall mean not only persons actually performing manual labor in the drilling, operating, completing, equipping, maintaining, and repairing oil or gas wells, but to also include persons hauling supplies or machinery to be used in the drilling, operating, equipping, maintaining, or repairing of any oil or gas wells. Acts 1923, No. 615, § 12; Pope's Dig., § 8915; A.S.A. 1947, § 51-710.

(a) As between the various liens provided by §§ 18-44-202 - 18-44-204 , that given common laborers shall be superior to all other liens perfected under this section and §§ 18-44-201 - 18-44-206 and 18-44-208 - 18-44-210 .

(b) The term "common laborer" shall mean not only persons actually performing manual labor in the drilling, operating, completing, equipping, maintaining, and repairing oil or gas wells, but to also include persons hauling supplies or machinery to be used in the drilling, operating, equipping, maintaining, or repairing of any oil or gas wells.

Acts 1923, No. 615, § 12; Pope's Dig., § 8915; A.S.A. 1947, § 51-710.
Ark. Code Ann. § 18-14-101 — AR Code / Title 18 / Chapter 14 / Subchapter 1 / Section 18-14-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Time-Share Act". Amended by Act 2013, No. 710,§ 1, eff. 8/16/2013. Acts 1983, No. 294, Art. 1, § 1-101; A.S.A. 1947, § 50-1301.

This chapter shall be known and may be cited as the "Arkansas Time-Share Act".

Amended by Act 2013, No. 710,§ 1, eff. 8/16/2013.

Acts 1983, No. 294, Art. 1, § 1-101; A.S.A. 1947, § 50-1301.
Ark. Code Ann. § 18-2-101 — AR Code / Title 18 / Chapter 2 / Section 18-2-101
Purpose
Status: in_force

(a) The purpose of this subchapter is to establish a simple and accurate method for computing the present value of both vested life and remainder interests in property through the use of actuarial tables and to make the actuarial tables used in connection therewith current. (b) Nothing contained in this subchapter is intended: (1) To provide when a court shall order a life interest commuted and so payable in gross; or (2) To change the existing jurisdiction of the courts under which such a decree requiring commutation may issue. Acts 1981, No. 350, § 1; A.S.A. 1947, § 50-701.

(a) The purpose of this subchapter is to establish a simple and accurate method for computing the present value of both vested life and remainder interests in property through the use of actuarial tables and to make the actuarial tables used in connection therewith current.

(b) Nothing contained in this subchapter is intended: (1) To provide when a court shall order a life interest commuted and so payable in gross; or (2) To change the existing jurisdiction of the courts under which such a decree requiring commutation may issue.

(1) To provide when a court shall order a life interest commuted and so payable in gross; or

(2) To change the existing jurisdiction of the courts under which such a decree requiring commutation may issue.

Acts 1981, No. 350, § 1; A.S.A. 1947, § 50-701.
Ark. Code Ann. § 18-4-204 — AR Code / Title 18 / Chapter 4 / Section 18-4-204
Slayer barred from testate or intestate succession and other rights
Status: in_force

(a) A slayer is deemed to have died immediately before the death of the decedent. (b) A slayer shall not acquire any property or property right or receive any benefit from the estate of the decedent by testate or intestate succession, by common law, or by statutory right, including as the surviving spouse of the decedent. Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.

(a) A slayer is deemed to have died immediately before the death of the decedent.

(b) A slayer shall not acquire any property or property right or receive any benefit from the estate of the decedent by testate or intestate succession, by common law, or by statutory right, including as the surviving spouse of the decedent.

Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 18-11-401 — AR Code / Title 18 / Chapter 11 / Subchapter 4 / Section 18-11-401
Purpose
Status: in_force

It is the intent and purpose of this subchapter to clarify the posting law of this state. However, this subchapter does not set forth the exclusive method by which a property owner or lessee may notify persons to not enter or remain upon their property, nor does this subchapter repeal or modify § 18-11-301 et seq., which limits the liability of landowners to persons gratuitously utilizing their property for recreational purposes, nor does this subchapter repeal or modify § 5-39-203 which is the provision of the Arkansas Criminal Code relating to trespass. Acts 1989, No. 35, § 7.

It is the intent and purpose of this subchapter to clarify the posting law of this state. However, this subchapter does not set forth the exclusive method by which a property owner or lessee may notify persons to not enter or remain upon their property, nor does this subchapter repeal or modify § 18-11-301 et seq., which limits the liability of landowners to persons gratuitously utilizing their property for recreational purposes, nor does this subchapter repeal or modify § 5-39-203 which is the provision of the Arkansas Criminal Code relating to trespass.

Acts 1989, No. 35, § 7.
Ark. Code Ann. § 18-11-102 — AR Code / Title 18 / Chapter 11 / Subchapter 1 / Section 18-11-102
Payment of taxes on unimproved or unenclosed land deemed possession
Status: in_force

Unimproved and unenclosed land shall be deemed and held to be in possession of the person who pays the taxes thereon if he or she has color of title thereto, but no person shall be entitled to invoke the benefit of this section unless he or she, and those under whom he or she claims, shall have paid the taxes for at least seven (7) years in succession. Acts 1899, No. 66, § 1, p. 117; C. & M. Dig., § 6943; Pope's Dig., § 8920; A.S.A. 1947, § 37-102.

Unimproved and unenclosed land shall be deemed and held to be in possession of the person who pays the taxes thereon if he or she has color of title thereto, but no person shall be entitled to invoke the benefit of this section unless he or she, and those under whom he or she claims, shall have paid the taxes for at least seven (7) years in succession.

Acts 1899, No. 66, § 1, p. 117; C. & M. Dig., § 6943; Pope's Dig., § 8920; A.S.A. 1947, § 37-102.
Ark. Code Ann. § 18-60-820 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-820
Judgments generally
Status: in_force

(a) In an action to recover the possession of personal property, judgment for the plaintiff may be for the delivery of the property, or for the value thereof in case a delivery cannot be had, and damages for the detention. (b) When the property has been delivered to the plaintiff and the defendant claims a return thereof, judgment for the defendant may be for the return of the property, or its value, in case a return cannot be had, and damages for the taking and withholding of the property. Civil Code, § 420; C. & M. Dig., § 8654; Pope's Dig., § 11387; A.S.A. 1947, § 34-2116.

(a) In an action to recover the possession of personal property, judgment for the plaintiff may be for the delivery of the property, or for the value thereof in case a delivery cannot be had, and damages for the detention.

(b) When the property has been delivered to the plaintiff and the defendant claims a return thereof, judgment for the defendant may be for the return of the property, or its value, in case a return cannot be had, and damages for the taking and withholding of the property.

Civil Code, § 420; C. & M. Dig., § 8654; Pope's Dig., § 11387; A.S.A. 1947, § 34-2116.
Ark. Code Ann. § 18-29-203 — AR Code / Title 18 / Chapter 29 / Subchapter 2 / Section 18-29-203
Receipts
Status: in_force

(a) (1) Every unused property merchant shall maintain receipts for the purchase of new and unused property, as defined in § 18-29-201(3) . (2) Receipts shall contain all of the following information: (A) The date of the transaction; (B) The name and address of the person, corporation, or entity from which the new and unused property was acquired; (C) An identification and description of the new and unused property acquired; (D) The price paid for such new and unused property; and (E) The signature of the seller and buyer of the new and unused property. (b) It is a violation of this subchapter for an unused property merchant required to maintain receipts under the provisions contained in subsection (a) of this section to knowingly: (1) Falsify, obliterate, or destroy such receipts; (2) (A) Refuse or fail upon request to make such receipts available for inspection within a period of time which is reasonable under the individual circumstances surrounding the request. (B) However, nothing contained within the provisions of this section shall be construed to require the unused property merchant to possess the receipt on or about his or her person without reasonable notice; or (3) Fail to maintain the receipts required by this section for at least two (2) years. (c) The provisions of this subchapter shall not apply to: (1) The sale of a motor vehicle or trailer that is required to be registered or is subject to the certificate of title laws of this state; (2) The sale of wood for fuel, ice, or livestock; (3) Business conducted in any industry or association trade show; (4) Property, although never used, whose style, packaging, or material clearly indicates that the property was not produced or manufactured within recent times; (5) Anyone who sells by sample, catalog, or brochure for future delivery; (6) The sale of arts or crafts by a person who produces such arts or crafts; (7) Persons who make sales presentations pursuant to a prior individualized invitation issued to the consumer by the owner or legal occupant of the premises; (8) Garage or yard sales held on premises devoted to residential use; or (9) Sales conducted by motor freight carrier companies for the purpose of selling salvage goods. Acts 1999, No. 1350, § 3.

(a) (1) Every unused property merchant shall maintain receipts for the purchase of new and unused property, as defined in § 18-29-201(3) . (2) Receipts shall contain all of the following information: (A) The date of the transaction; (B) The name and address of the person, corporation, or entity from which the new and unused property was acquired; (C) An identification and description of the new and unused property acquired; (D) The price paid for such new and unused property; and (E) The signature of the seller and buyer of the new and unused property.

(1) Every unused property merchant shall maintain receipts for the purchase of new and unused property, as defined in § 18-29-201(3) .

(2) Receipts shall contain all of the following information: (A) The date of the transaction; (B) The name and address of the person, corporation, or entity from which the new and unused property was acquired; (C) An identification and description of the new and unused property acquired; (D) The price paid for such new and unused property; and (E) The signature of the seller and buyer of the new and unused property.

(A) The date of the transaction;

(B) The name and address of the person, corporation, or entity from which the new and unused property was acquired;

(C) An identification and description of the new and unused property acquired;

(D) The price paid for such new and unused property; and

(E) The signature of the seller and buyer of the new and unused property.

(b) It is a violation of this subchapter for an unused property merchant required to maintain receipts under the provisions contained in subsection (a) of this section to knowingly: (1) Falsify, obliterate, or destroy such receipts; (2) (A) Refuse or fail upon request to make such receipts available for inspection within a period of time which is reasonable under the individual circumstances surrounding the request. (B) However, nothing contained within the provisions of this section shall be construed to require the unused property merchant to possess the receipt on or about his or her person without reasonable notice; or (3) Fail to maintain the receipts required by this section for at least two (2) years.

(1) Falsify, obliterate, or destroy such receipts;

(2) (A) Refuse or fail upon request to make such receipts available for inspection within a period of time which is reasonable under the individual circumstances surrounding the request. (B) However, nothing contained within the provisions of this section shall be construed to require the unused property merchant to possess the receipt on or about his or her person without reasonable notice; or

(A) Refuse or fail upon request to make such receipts available for inspection within a period of time which is reasonable under the individual circumstances surrounding the request.

(B) However, nothing contained within the provisions of this section shall be construed to require the unused property merchant to possess the receipt on or about his or her person without reasonable notice; or

(3) Fail to maintain the receipts required by this section for at least two (2) years.

(c) The provisions of this subchapter shall not apply to: (1) The sale of a motor vehicle or trailer that is required to be registered or is subject to the certificate of title laws of this state; (2) The sale of wood for fuel, ice, or livestock; (3) Business conducted in any industry or association trade show; (4) Property, although never used, whose style, packaging, or material clearly indicates that the property was not produced or manufactured within recent times; (5) Anyone who sells by sample, catalog, or brochure for future delivery; (6) The sale of arts or crafts by a person who produces such arts or crafts; (7) Persons who make sales presentations pursuant to a prior individualized invitation issued to the consumer by the owner or legal occupant of the premises; (8) Garage or yard sales held on premises devoted to residential use; or (9) Sales conducted by motor freight carrier companies for the purpose of selling salvage goods.

(1) The sale of a motor vehicle or trailer that is required to be registered or is subject to the certificate of title laws of this state;

(2) The sale of wood for fuel, ice, or livestock;

(3) Business conducted in any industry or association trade show;

(4) Property, although never used, whose style, packaging, or material clearly indicates that the property was not produced or manufactured within recent times;

(5) Anyone who sells by sample, catalog, or brochure for future delivery;

(6) The sale of arts or crafts by a person who produces such arts or crafts;

(7) Persons who make sales presentations pursuant to a prior individualized invitation issued to the consumer by the owner or legal occupant of the premises;

(8) Garage or yard sales held on premises devoted to residential use; or

(9) Sales conducted by motor freight carrier companies for the purpose of selling salvage goods.

Acts 1999, No. 1350, § 3.
Ark. Code Ann. § 18-44-104 — AR Code / Title 18 / Chapter 44 / Subchapter 1 / Section 18-44-104
Liens for drain pipe or tile
Status: in_force

(a) Every contractor, subcontractor, or material supplier who shall furnish to any landowner any soil or drain pipe or tile for drainage of his or her land, or who shall put in soil or drain pipe or tile for any land, shall have a lien for each tract of forty (40) acres or less of the real estate upon which the soil or drain pipe or tile is placed for the payment of the lien. (b) (1) The lien for the soil or drain pipe or tile shall attach to the real estate and all improvements thereon in preference to any subsequent liens, encumbrance, or mortgage executed upon the land after the purchase of the soil or drain pipe or tile. (2) The lien shall be: (A) Subject to the notice requirements of §§ 18-44-114 and 18-44-115 ; (B) Filed under § 18-44-117 ; and (C) Enforced under this subchapter. Acts 1913, No. 253, §§ 1, 2; C. & M. Dig., § 6924; Pope's Dig., § 8886; A.S.A. 1947, §§ 51-602, 51-603; Acts 2009, No. 454, § 1.

(a) Every contractor, subcontractor, or material supplier who shall furnish to any landowner any soil or drain pipe or tile for drainage of his or her land, or who shall put in soil or drain pipe or tile for any land, shall have a lien for each tract of forty (40) acres or less of the real estate upon which the soil or drain pipe or tile is placed for the payment of the lien.

(b) (1) The lien for the soil or drain pipe or tile shall attach to the real estate and all improvements thereon in preference to any subsequent liens, encumbrance, or mortgage executed upon the land after the purchase of the soil or drain pipe or tile. (2) The lien shall be: (A) Subject to the notice requirements of §§ 18-44-114 and 18-44-115 ; (B) Filed under § 18-44-117 ; and (C) Enforced under this subchapter.

(1) The lien for the soil or drain pipe or tile shall attach to the real estate and all improvements thereon in preference to any subsequent liens, encumbrance, or mortgage executed upon the land after the purchase of the soil or drain pipe or tile.

(2) The lien shall be: (A) Subject to the notice requirements of §§ 18-44-114 and 18-44-115 ; (B) Filed under § 18-44-117 ; and (C) Enforced under this subchapter.

(A) Subject to the notice requirements of §§ 18-44-114 and 18-44-115 ;

(B) Filed under § 18-44-117 ; and

(C) Enforced under this subchapter.

Acts 1913, No. 253, §§ 1, 2; C. & M. Dig., § 6924; Pope's Dig., § 8886; A.S.A. 1947, §§ 51-602, 51-603; Acts 2009, No. 454, § 1.
Ark. Code Ann. § 18-60-602 — AR Code / Title 18 / Chapter 60 / Subchapter 6 / Section 18-60-602
Petition for confirmation - Affidavit
Status: in_force

(a) The petition for confirmation shall be filed with the clerk of the circuit court of the county at least twenty (20) days prior to the first day of the term of court at which application is to be made. (b) The petitioner, if he or she is acquainted with the lands, shall file with his or her petition his or her affidavit, or the affidavit of some person who is acquainted with the lands, showing that there is no person in actual possession of the lands claiming title adverse to the petitioner, proof that taxes owed on the lands were either paid, settled, or released shall be filed with the petition and, in the case of levee or drainage improvement districts, proof of payment, settlement, or release of all delinquent taxes. Rev. Stat., ch. 149, § 3; Acts 1893, No. 95, § 2, p. 165; C. & M. Dig., §§ 8384, 8385; Pope's Dig., §§ 10980, 10981; Acts 1951, No. 263, § 2; A.S.A. 1947, § 34-1920; Acts 2007, No. 1037, § 2.

(a) The petition for confirmation shall be filed with the clerk of the circuit court of the county at least twenty (20) days prior to the first day of the term of court at which application is to be made.

(b) The petitioner, if he or she is acquainted with the lands, shall file with his or her petition his or her affidavit, or the affidavit of some person who is acquainted with the lands, showing that there is no person in actual possession of the lands claiming title adverse to the petitioner, proof that taxes owed on the lands were either paid, settled, or released shall be filed with the petition and, in the case of levee or drainage improvement districts, proof of payment, settlement, or release of all delinquent taxes.

Rev. Stat., ch. 149, § 3; Acts 1893, No. 95, § 2, p. 165; C. & M. Dig., §§ 8384, 8385; Pope's Dig., §§ 10980, 10981; Acts 1951, No. 263, § 2; A.S.A. 1947, § 34-1920; Acts 2007, No. 1037, § 2.