Ark. Code Ann. § 18-28-214 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-214
Claim of another state to recover property
Status: in_force

(a) After property has been paid or delivered to the administrator under this subchapter, another state may recover the property if: (1) the property was paid or delivered to the custody of this state because the records of the holder did not reflect a last known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person entitled to the property was last known to be located within the borders of that state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state; (2) the property was paid or delivered to the custody of this state because the laws of the other state did not provide for the escheat or custodial taking of the property, and under the laws of that state subsequently enacted the property has escheated or become subject to a claim of abandonment by that state; (3) the records of the holder were erroneous in that they did not accurately identify the owner of the property and the last known location of the owner within the borders of another state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state; (4) the property was subjected to custody by this state under § 18-28-204(6) and under the laws of the state of domicile of the holder the property has escheated or become subject to a claim of abandonment by that state; or (5) the property is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered into the custody of this state under § 18-28-204(7) , and under the laws of the other state the property has escheated or become subject to a claim of abandonment by that state. (b) A claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the administrator, who shall decide the claim within ninety (90) days after it is presented. The administrator shall allow the claim upon determining that the other state is entitled to the abandoned property under subsection (a). (c) The administrator shall require another state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim to the property. Acts 1999, No. 850, § 14.

(a) After property has been paid or delivered to the administrator under this subchapter, another state may recover the property if: (1) the property was paid or delivered to the custody of this state because the records of the holder did not reflect a last known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person entitled to the property was last known to be located within the borders of that state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state; (2) the property was paid or delivered to the custody of this state because the laws of the other state did not provide for the escheat or custodial taking of the property, and under the laws of that state subsequently enacted the property has escheated or become subject to a claim of abandonment by that state; (3) the records of the holder were erroneous in that they did not accurately identify the owner of the property and the last known location of the owner within the borders of another state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state; (4) the property was subjected to custody by this state under § 18-28-204(6) and under the laws of the state of domicile of the holder the property has escheated or become subject to a claim of abandonment by that state; or (5) the property is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered into the custody of this state under § 18-28-204(7) , and under the laws of the other state the property has escheated or become subject to a claim of abandonment by that state.

(1) the property was paid or delivered to the custody of this state because the records of the holder did not reflect a last known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person entitled to the property was last known to be located within the borders of that state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state;

(2) the property was paid or delivered to the custody of this state because the laws of the other state did not provide for the escheat or custodial taking of the property, and under the laws of that state subsequently enacted the property has escheated or become subject to a claim of abandonment by that state;

(3) the records of the holder were erroneous in that they did not accurately identify the owner of the property and the last known location of the owner within the borders of another state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state;

(4) the property was subjected to custody by this state under § 18-28-204(6) and under the laws of the state of domicile of the holder the property has escheated or become subject to a claim of abandonment by that state; or

(5) the property is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered into the custody of this state under § 18-28-204(7) , and under the laws of the other state the property has escheated or become subject to a claim of abandonment by that state.

(b) A claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the administrator, who shall decide the claim within ninety (90) days after it is presented. The administrator shall allow the claim upon determining that the other state is entitled to the abandoned property under subsection (a).

(c) The administrator shall require another state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim to the property.

Acts 1999, No. 850, § 14.
Ark. Code Ann. § 18-15-804 — AR Code / Title 18 / Chapter 15 / Subchapter 8 / Section 18-15-804
Navigation companies connecting streams by railroad - Jury
Status: in_force

(a) When any company shall petition according to the requirements of § 18-15-803 , the county court, or the judge thereof in vacation, shall make an order appointing the jury immediately. (b) In the order, the jury shall be directed to ascertain and report to the court or judge, within thirty (30) days from the date of their appointments, the value of any lands which, under the provisions of this subchapter, they may be directed to ascertain. (c) The jury, before entering upon the discharge of their duties, shall take an oath that they will, as nearly as may be, ascertain the number of acres of land by them to be appraised, and report the numbers to the court or judge, together with the average value per acre of the land in cash. Acts 1869 (Adj. Sess.), No. 48, § 6, p. 102; C. & M. Dig., § 1752; A.S.A. 1947, § 35-706.

(a) When any company shall petition according to the requirements of § 18-15-803 , the county court, or the judge thereof in vacation, shall make an order appointing the jury immediately.

(b) In the order, the jury shall be directed to ascertain and report to the court or judge, within thirty (30) days from the date of their appointments, the value of any lands which, under the provisions of this subchapter, they may be directed to ascertain.

(c) The jury, before entering upon the discharge of their duties, shall take an oath that they will, as nearly as may be, ascertain the number of acres of land by them to be appraised, and report the numbers to the court or judge, together with the average value per acre of the land in cash.

Acts 1869 (Adj. Sess.), No. 48, § 6, p. 102; C. & M. Dig., § 1752; A.S.A. 1947, § 35-706.
Ark. Code Ann. § 18-48-702 — AR Code / Title 18 / Chapter 48 / Subchapter 7 / Section 18-48-702
Marina operator's lien on watercraft and stored property
Status: in_force

(a) The operator of a marina 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, as provided in this subchapter. (b) The lien provided for in this section attaches as of the date the lease or rental payment becomes delinquent 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 marina facility is located, prior to the date the lease or rental payment becomes delinquent; (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. Acts 1997, No. 903, § 2.

(a) The operator of a marina 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, as provided in this subchapter.

(b) The lien provided for in this section attaches as of the date the lease or rental payment becomes delinquent 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 marina facility is located, prior to the date the lease or rental payment becomes delinquent; (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 marina facility is located, prior to the date the lease or rental payment becomes delinquent;

(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.

Acts 1997, No. 903, § 2.
Ark. Code Ann. § 18-48-101 — AR Code / Title 18 / Chapter 48 / Subchapter 1 / Section 18-48-101
Lien of livery stable keepers
Status: in_force

(a) All keepers of livery, sale, or feed stables, or wagonyards shall have a lien on all horses, mules, or other stock or property left in their charge to be kept, fed, sold, or otherwise cared for and sheltered for all their reasonable costs and charges for feeding, keeping, and otherwise taking care of them. (b) For this lien, stable or wagonyard keepers are authorized to keep possession of any of the property mentioned in subsection (a) of this section until such reasonable charges are paid or tendered to them or their agents by the owner of the property or his or her agents. (c) In case any such property shall be left with a stable or wagonyard keeper, and not be called for by the owner thereof, and the charges and costs paid thereon to the keeper before the charges and costs shall amount to the value thereof, and the cost of selling the property as provided in § 18-48-102 , it shall be lawful for the stable or wagonyard keeper to sell the property in the manner prescribed in § 18-48-102 . Acts 1873, No. 134, § 1, p. 428; C. & M. Dig., §§ 6901-6903; Pope's Dig., §§ 8860-8862; A.S.A. 1947, § 51-903.

(a) All keepers of livery, sale, or feed stables, or wagonyards shall have a lien on all horses, mules, or other stock or property left in their charge to be kept, fed, sold, or otherwise cared for and sheltered for all their reasonable costs and charges for feeding, keeping, and otherwise taking care of them.

(b) For this lien, stable or wagonyard keepers are authorized to keep possession of any of the property mentioned in subsection (a) of this section until such reasonable charges are paid or tendered to them or their agents by the owner of the property or his or her agents.

(c) In case any such property shall be left with a stable or wagonyard keeper, and not be called for by the owner thereof, and the charges and costs paid thereon to the keeper before the charges and costs shall amount to the value thereof, and the cost of selling the property as provided in § 18-48-102 , it shall be lawful for the stable or wagonyard keeper to sell the property in the manner prescribed in § 18-48-102 .

Acts 1873, No. 134, § 1, p. 428; C. & M. Dig., §§ 6901-6903; Pope's Dig., §§ 8860-8862; A.S.A. 1947, § 51-903.
Ark. Code Ann. § 18-13-110 — AR Code / Title 18 / Chapter 13 / Section 18-13-110
Book of receipts and expenditures - Examination
Status: in_force

(a) The administrator, the board of administration, or other form of administration specified in the bylaws shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred. (b) Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge. Acts 1961 (1st Ex. Sess.), No. 60, § 16; A.S.A. 1947, § 50-1016.

(a) The administrator, the board of administration, or other form of administration specified in the bylaws shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred.

(b) Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge.

Acts 1961 (1st Ex. Sess.), No. 60, § 16; A.S.A. 1947, § 50-1016.
Ark. Code Ann. § 18-15-502 — AR Code / Title 18 / Chapter 15 / Subchapter 5 / Section 18-15-502
Exception
Status: in_force

No action to condemn the right-of-way over, upon, or along any street or alley in any city or incorporated town shall be instituted or maintained by an electric utility as against any city or incorporated town. Amended without change by Act 2013, No. 1130,§ 2, eff. 8/16/2013. Acts 1907, No. 120, § 5, p. 303; C. & M. Dig., § 4047; Pope's Dig., § 5049; A.S.A. 1947, § 35-305; Acts 2001, No. 1291, § 2.

No action to condemn the right-of-way over, upon, or along any street or alley in any city or incorporated town shall be instituted or maintained by an electric utility as against any city or incorporated town.

Amended without change by Act 2013, No. 1130,§ 2, eff. 8/16/2013.

Acts 1907, No. 120, § 5, p. 303; C. & M. Dig., § 4047; Pope's Dig., § 5049; A.S.A. 1947, § 35-305; Acts 2001, No. 1291, § 2.
Ark. Code Ann. § 18-12-608 — AR Code / Title 18 / Chapter 12 / Subchapter 6 / Section 18-12-608
Beneficiary deeds - Terms - Recording required
Status: in_force

(a) (1) (A) A beneficiary deed is a deed without current tangible consideration that conveys upon the death of the owner an ownership interest in real property other than a leasehold or lien interest to a grantee designated by the owner and that expressly states that the deed is not to take effect until the death of the owner. (B) (i) A beneficiary deed transfers the interest to the designated grantee effective upon the death of the owner, subject to all conveyances, assignments, contracts, leases, mortgages, deeds of trust, liens, security pledges, oil, gas, or mineral leases, and other encumbrances made by the owner or to which the real property was subject at the time of the owner's death, whether or not the conveyance or encumbrance was created before or after the execution of the beneficiary deed. (ii) No legal or equitable interest shall vest in the grantee until the death of the owner prior to revocation of the beneficiary deed. (2) (A) The owner may designate multiple grantees under a beneficiary deed. (B) Multiple grantees may be joint tenants with right of survivorship, tenants in common, holders of a tenancy by the entirety, or any other tenancy that is otherwise valid under the laws of this state. (3) (A) The owner may designate one (1) or more successor grantees, including one (1) or more unnamed heirs of the original grantee or grantees, under a beneficiary deed. (B) The condition upon which the interest of a successor grantee vests, such as the failure of the original grantee to survive the grantor, shall be included in the beneficiary deed. (b) (1) If real property is owned as a tenancy by the entirety or as a joint tenancy with the right of survivorship, a beneficiary deed that conveys an interest in the real property to a grantee designated by all of the then-surviving owners and that expressly states the beneficiary deed is not to take effect until the death of the last surviving owner transfers the interest to the designated grantee effective upon the death of the last surviving owner. (2) (A) If a beneficiary deed is executed by fewer than all of the owners of real property owned as a tenancy by the entirety or as joint tenants with right of survivorship, the beneficiary deed is valid if the last surviving owner is a person who executed the beneficiary deed. (B) If the last surviving owner did not execute the beneficiary deed, the beneficiary deed is invalid. (c) (1) A beneficiary deed is valid only if the beneficiary deed is recorded before the death of the owner or the last surviving owner as provided by law in the office of the county recorder of the county in which the real property is located. (2) A beneficiary deed may be used to transfer an interest in real property to a trustee of a trust estate even if the trust is revocable and may include one (1) or more unnamed successor trustees as successor grantees. (d) (1) A beneficiary deed may be revoked at any time by the owner or, if there is more than one (1) owner, by any of the owners who executed the beneficiary deed. (2) To be effective, the revocation shall be: (A) Executed before the death of the owner who executes the revocation; and (B) Recorded in the office of the county recorder of the county in which the real property is located before the death of the owner as provided by law. (3) If the revocation is not executed by all the owners, the revocation is not effective unless executed by the last surviving owner and recorded before the death of the last surviving owner. (4) A beneficiary deed that complies with this section may not be revoked, altered, or amended by the provisions of the owner's will. (e) If an owner executes more than one (1) beneficiary deed concerning the same real property, the recorded beneficiary deed that is last signed before the owner's death is the effective beneficiary deed, regardless of the sequence of recording. (f) (1) This section does not prohibit other methods of conveying real property that are permitted by law and that have the effect of postponing enjoyment of an interest in real property until the death of the owner. (2) This section does not invalidate any deed otherwise effective by law to convey title to the interests and estates provided in the deed that is not recorded until after the death of the owner. (g) A beneficiary deed is sufficient if it complies with other applicable laws and if it is in substantially the following form: Click here to view form. (h) The instrument of revocation shall be sufficient if it complies with other applicable laws and is in substantially the following form: Click here to view form. Amended by Act 2021, No. 570,§ 1, eff. 7/28/2021. Acts 2005, No. 1918, § 1; 2007, No. 243, § 1.

(a) (1) (A) A beneficiary deed is a deed without current tangible consideration that conveys upon the death of the owner an ownership interest in real property other than a leasehold or lien interest to a grantee designated by the owner and that expressly states that the deed is not to take effect until the death of the owner. (B) (i) A beneficiary deed transfers the interest to the designated grantee effective upon the death of the owner, subject to all conveyances, assignments, contracts, leases, mortgages, deeds of trust, liens, security pledges, oil, gas, or mineral leases, and other encumbrances made by the owner or to which the real property was subject at the time of the owner's death, whether or not the conveyance or encumbrance was created before or after the execution of the beneficiary deed. (ii) No legal or equitable interest shall vest in the grantee until the death of the owner prior to revocation of the beneficiary deed. (2) (A) The owner may designate multiple grantees under a beneficiary deed. (B) Multiple grantees may be joint tenants with right of survivorship, tenants in common, holders of a tenancy by the entirety, or any other tenancy that is otherwise valid under the laws of this state. (3) (A) The owner may designate one (1) or more successor grantees, including one (1) or more unnamed heirs of the original grantee or grantees, under a beneficiary deed. (B) The condition upon which the interest of a successor grantee vests, such as the failure of the original grantee to survive the grantor, shall be included in the beneficiary deed.

(1) (A) A beneficiary deed is a deed without current tangible consideration that conveys upon the death of the owner an ownership interest in real property other than a leasehold or lien interest to a grantee designated by the owner and that expressly states that the deed is not to take effect until the death of the owner. (B) (i) A beneficiary deed transfers the interest to the designated grantee effective upon the death of the owner, subject to all conveyances, assignments, contracts, leases, mortgages, deeds of trust, liens, security pledges, oil, gas, or mineral leases, and other encumbrances made by the owner or to which the real property was subject at the time of the owner's death, whether or not the conveyance or encumbrance was created before or after the execution of the beneficiary deed. (ii) No legal or equitable interest shall vest in the grantee until the death of the owner prior to revocation of the beneficiary deed.

(A) A beneficiary deed is a deed without current tangible consideration that conveys upon the death of the owner an ownership interest in real property other than a leasehold or lien interest to a grantee designated by the owner and that expressly states that the deed is not to take effect until the death of the owner.

(B) (i) A beneficiary deed transfers the interest to the designated grantee effective upon the death of the owner, subject to all conveyances, assignments, contracts, leases, mortgages, deeds of trust, liens, security pledges, oil, gas, or mineral leases, and other encumbrances made by the owner or to which the real property was subject at the time of the owner's death, whether or not the conveyance or encumbrance was created before or after the execution of the beneficiary deed. (ii) No legal or equitable interest shall vest in the grantee until the death of the owner prior to revocation of the beneficiary deed.

(i) A beneficiary deed transfers the interest to the designated grantee effective upon the death of the owner, subject to all conveyances, assignments, contracts, leases, mortgages, deeds of trust, liens, security pledges, oil, gas, or mineral leases, and other encumbrances made by the owner or to which the real property was subject at the time of the owner's death, whether or not the conveyance or encumbrance was created before or after the execution of the beneficiary deed.

(ii) No legal or equitable interest shall vest in the grantee until the death of the owner prior to revocation of the beneficiary deed.

(2) (A) The owner may designate multiple grantees under a beneficiary deed. (B) Multiple grantees may be joint tenants with right of survivorship, tenants in common, holders of a tenancy by the entirety, or any other tenancy that is otherwise valid under the laws of this state.

(A) The owner may designate multiple grantees under a beneficiary deed.

(B) Multiple grantees may be joint tenants with right of survivorship, tenants in common, holders of a tenancy by the entirety, or any other tenancy that is otherwise valid under the laws of this state.

(3) (A) The owner may designate one (1) or more successor grantees, including one (1) or more unnamed heirs of the original grantee or grantees, under a beneficiary deed. (B) The condition upon which the interest of a successor grantee vests, such as the failure of the original grantee to survive the grantor, shall be included in the beneficiary deed.

(A) The owner may designate one (1) or more successor grantees, including one (1) or more unnamed heirs of the original grantee or grantees, under a beneficiary deed.

(B) The condition upon which the interest of a successor grantee vests, such as the failure of the original grantee to survive the grantor, shall be included in the beneficiary deed.

(b) (1) If real property is owned as a tenancy by the entirety or as a joint tenancy with the right of survivorship, a beneficiary deed that conveys an interest in the real property to a grantee designated by all of the then-surviving owners and that expressly states the beneficiary deed is not to take effect until the death of the last surviving owner transfers the interest to the designated grantee effective upon the death of the last surviving owner. (2) (A) If a beneficiary deed is executed by fewer than all of the owners of real property owned as a tenancy by the entirety or as joint tenants with right of survivorship, the beneficiary deed is valid if the last surviving owner is a person who executed the beneficiary deed. (B) If the last surviving owner did not execute the beneficiary deed, the beneficiary deed is invalid.

(1) If real property is owned as a tenancy by the entirety or as a joint tenancy with the right of survivorship, a beneficiary deed that conveys an interest in the real property to a grantee designated by all of the then-surviving owners and that expressly states the beneficiary deed is not to take effect until the death of the last surviving owner transfers the interest to the designated grantee effective upon the death of the last surviving owner.

(2) (A) If a beneficiary deed is executed by fewer than all of the owners of real property owned as a tenancy by the entirety or as joint tenants with right of survivorship, the beneficiary deed is valid if the last surviving owner is a person who executed the beneficiary deed. (B) If the last surviving owner did not execute the beneficiary deed, the beneficiary deed is invalid.

(A) If a beneficiary deed is executed by fewer than all of the owners of real property owned as a tenancy by the entirety or as joint tenants with right of survivorship, the beneficiary deed is valid if the last surviving owner is a person who executed the beneficiary deed.

(B) If the last surviving owner did not execute the beneficiary deed, the beneficiary deed is invalid.

(c) (1) A beneficiary deed is valid only if the beneficiary deed is recorded before the death of the owner or the last surviving owner as provided by law in the office of the county recorder of the county in which the real property is located. (2) A beneficiary deed may be used to transfer an interest in real property to a trustee of a trust estate even if the trust is revocable and may include one (1) or more unnamed successor trustees as successor grantees.

(1) A beneficiary deed is valid only if the beneficiary deed is recorded before the death of the owner or the last surviving owner as provided by law in the office of the county recorder of the county in which the real property is located.

(2) A beneficiary deed may be used to transfer an interest in real property to a trustee of a trust estate even if the trust is revocable and may include one (1) or more unnamed successor trustees as successor grantees.

(d) (1) A beneficiary deed may be revoked at any time by the owner or, if there is more than one (1) owner, by any of the owners who executed the beneficiary deed. (2) To be effective, the revocation shall be: (A) Executed before the death of the owner who executes the revocation; and (B) Recorded in the office of the county recorder of the county in which the real property is located before the death of the owner as provided by law. (3) If the revocation is not executed by all the owners, the revocation is not effective unless executed by the last surviving owner and recorded before the death of the last surviving owner. (4) A beneficiary deed that complies with this section may not be revoked, altered, or amended by the provisions of the owner's will.

(1) A beneficiary deed may be revoked at any time by the owner or, if there is more than one (1) owner, by any of the owners who executed the beneficiary deed.

(2) To be effective, the revocation shall be: (A) Executed before the death of the owner who executes the revocation; and (B) Recorded in the office of the county recorder of the county in which the real property is located before the death of the owner as provided by law.

(A) Executed before the death of the owner who executes the revocation; and

(B) Recorded in the office of the county recorder of the county in which the real property is located before the death of the owner as provided by law.

(3) If the revocation is not executed by all the owners, the revocation is not effective unless executed by the last surviving owner and recorded before the death of the last surviving owner.

(4) A beneficiary deed that complies with this section may not be revoked, altered, or amended by the provisions of the owner's will.

(e) If an owner executes more than one (1) beneficiary deed concerning the same real property, the recorded beneficiary deed that is last signed before the owner's death is the effective beneficiary deed, regardless of the sequence of recording.

(f) (1) This section does not prohibit other methods of conveying real property that are permitted by law and that have the effect of postponing enjoyment of an interest in real property until the death of the owner. (2) This section does not invalidate any deed otherwise effective by law to convey title to the interests and estates provided in the deed that is not recorded until after the death of the owner.

(1) This section does not prohibit other methods of conveying real property that are permitted by law and that have the effect of postponing enjoyment of an interest in real property until the death of the owner.

(2) This section does not invalidate any deed otherwise effective by law to convey title to the interests and estates provided in the deed that is not recorded until after the death of the owner.

(g) A beneficiary deed is sufficient if it complies with other applicable laws and if it is in substantially the following form: Click here to view form.

Click here to view form.

(h) The instrument of revocation shall be sufficient if it complies with other applicable laws and is in substantially the following form: Click here to view form.

Click here to view form.

Amended by Act 2021, No. 570,§ 1, eff. 7/28/2021.

Acts 2005, No. 1918, § 1; 2007, No. 243, § 1.

12_608_1 - Attachment

12_608_2 - Attachment
Ark. Code Ann. § 18-60-106 — AR Code / Title 18 / Chapter 60 / Subchapter 1 / Section 18-60-106
Sale of lands of infants or individuals with mental illness
Status: in_force

(a) The sale of land of infants or individuals with mental illness shall not be deemed to be prohibited as being in contravention of the deed, will, or contract under which they hold unless a sale is expressly forbidden by the deed, will, or contract. (b) When the legal title of land is held by a trustee, he or she shall be a party to the proceedings for its sale. In all other respects the proceedings for the sale of land held in trust for infants and individuals with mental illness shall be the same as when they hold the legal title, except that the trustees shall give bond and security instead of the guardian when the proceeds of sale are to go into the hands of the trustee. Civil Code, § 537; C. & M. Dig., §§ 8125, 8126; Pope's Dig., §§ 10547, 10548; A.S.A. 1947, §§ 34-1837, 34-1838.

(a) The sale of land of infants or individuals with mental illness shall not be deemed to be prohibited as being in contravention of the deed, will, or contract under which they hold unless a sale is expressly forbidden by the deed, will, or contract.

(b) When the legal title of land is held by a trustee, he or she shall be a party to the proceedings for its sale. In all other respects the proceedings for the sale of land held in trust for infants and individuals with mental illness shall be the same as when they hold the legal title, except that the trustees shall give bond and security instead of the guardian when the proceeds of sale are to go into the hands of the trustee.

Civil Code, § 537; C. & M. Dig., §§ 8125, 8126; Pope's Dig., §§ 10547, 10548; A.S.A. 1947, §§ 34-1837, 34-1838.
Ark. Code Ann. § 18-50-113 — AR Code / Title 18 / Chapter 50 / Section 18-50-113
Request for notice
Status: in_force

(a) At any time subsequent to the recordation of a mortgage or deed of trust and prior to a recording of a notice of default and intention to sell under the mortgage or deed, any person desiring a copy of any such notice may file for record with the recorder of the county where the trust property is situated a duly acknowledged request for a copy of any notice of default and intention to sell. (b) The request shall contain the name and address of the person requesting a copy of the notice and shall identify the mortgage or deed of trust by stating the names of the parties thereto, the date of recordation of the mortgage or deed, the book and page number where the mortgage or deed is recorded, or the recorder's document number. (c) The recorder shall index the request so that the name of the mortgagor or of the grantor in the deed of trust is indexed as the grantor and the name of the requesting party is indexed as the grantee. (d) No request, statement, or notation placed on record pursuant to this section shall affect the title to the trust property or be deemed notice to any person that any person so recording the request has any right, title, or interest in or lien or charge upon that property. Acts 1987, No. 53, § 13.

(a) At any time subsequent to the recordation of a mortgage or deed of trust and prior to a recording of a notice of default and intention to sell under the mortgage or deed, any person desiring a copy of any such notice may file for record with the recorder of the county where the trust property is situated a duly acknowledged request for a copy of any notice of default and intention to sell.

(b) The request shall contain the name and address of the person requesting a copy of the notice and shall identify the mortgage or deed of trust by stating the names of the parties thereto, the date of recordation of the mortgage or deed, the book and page number where the mortgage or deed is recorded, or the recorder's document number.

(c) The recorder shall index the request so that the name of the mortgagor or of the grantor in the deed of trust is indexed as the grantor and the name of the requesting party is indexed as the grantee.

(d) No request, statement, or notation placed on record pursuant to this section shall affect the title to the trust property or be deemed notice to any person that any person so recording the request has any right, title, or interest in or lien or charge upon that property.

Acts 1987, No. 53, § 13.
Ark. Code Ann. § 18-17-901 — AR Code / Title 18 / Chapter 17 / Subchapter 9 / Section 18-17-901
Grounds for eviction of tenant
Status: in_force

(a) A landlord or his or her agent may commence eviction proceedings against a tenant in a district court having jurisdiction over the eviction proceeding, when: (1) The tenant fails or refuses to pay the rent when due or when demanded; (2) The term of tenancy or occupancy has ended; or (3) The terms or conditions of the rental agreement have been violated. (b) For residential rental agreements, nonpayment of rent within five (5) days of the date due constitutes legal notice to the tenant that the landlord has the right to begin eviction proceedings under this chapter. Acts 2007, No. 1004, § 1; 2009, No. 311, § 3; 2009, No. 482, § 8.

(a) A landlord or his or her agent may commence eviction proceedings against a tenant in a district court having jurisdiction over the eviction proceeding, when: (1) The tenant fails or refuses to pay the rent when due or when demanded; (2) The term of tenancy or occupancy has ended; or (3) The terms or conditions of the rental agreement have been violated.

(1) The tenant fails or refuses to pay the rent when due or when demanded;

(2) The term of tenancy or occupancy has ended; or

(3) The terms or conditions of the rental agreement have been violated.

(b) For residential rental agreements, nonpayment of rent within five (5) days of the date due constitutes legal notice to the tenant that the landlord has the right to begin eviction proceedings under this chapter.

Acts 2007, No. 1004, § 1; 2009, No. 311, § 3; 2009, No. 482, § 8.
Ark. Code Ann. § 18-28-101 — AR Code / Title 18 / Chapter 28 / Subchapter 1 / Section 18-28-101
Abandonment of property with service or repair shops - Disposition
Status: in_force

(a) Any item of clothing left at a dry cleaners which is not claimed within six (6) months shall be deemed abandoned property, and the owner may dispose of the clothing and may retain the proceeds from any sale of the clothing. (b) (1) Any audio or video equipment left at a business engaged in the servicing or repair of the equipment shall be deemed abandoned property if the owner of the equipment does not claim the property within six (6) months after the equipment was serviced or repaired or, if no repair or servicing was authorized, then six (6) months after the date the equipment was left at the business. (2) The owner of the business may dispose of the abandoned property and retain the proceeds from any sale of the equipment. (c) An owner of a business who disposes of property pursuant to this section shall waive all rights to recover fees for performing work on the object. Acts 1989, No. 799, § 1; 1991, No. 98, § 1.

(a) Any item of clothing left at a dry cleaners which is not claimed within six (6) months shall be deemed abandoned property, and the owner may dispose of the clothing and may retain the proceeds from any sale of the clothing.

(b) (1) Any audio or video equipment left at a business engaged in the servicing or repair of the equipment shall be deemed abandoned property if the owner of the equipment does not claim the property within six (6) months after the equipment was serviced or repaired or, if no repair or servicing was authorized, then six (6) months after the date the equipment was left at the business. (2) The owner of the business may dispose of the abandoned property and retain the proceeds from any sale of the equipment.

(1) Any audio or video equipment left at a business engaged in the servicing or repair of the equipment shall be deemed abandoned property if the owner of the equipment does not claim the property within six (6) months after the equipment was serviced or repaired or, if no repair or servicing was authorized, then six (6) months after the date the equipment was left at the business.

(2) The owner of the business may dispose of the abandoned property and retain the proceeds from any sale of the equipment.

(c) An owner of a business who disposes of property pursuant to this section shall waive all rights to recover fees for performing work on the object.

Acts 1989, No. 799, § 1; 1991, No. 98, § 1.
Ark. Code Ann. § 18-50-104 — AR Code / Title 18 / Chapter 50 / Section 18-50-104
Prerequisites for foreclosure sale - Contents of notice of sale - Persons to receive notice
Status: in_force

(a) The trustee or mortgagee may not sell the trust property unless: (1) The mortgagee, trustee, or beneficiary has filed for record with the recorder of the county in which the trust property is situated a duly acknowledged notice of default and intention to sell containing the information required by subsection (b) of this section; (2) A period of at least sixty (60) days has elapsed since the recording of the notice of default and intention to sell; and (3) (A) (i) The beneficiary or mortgagee has certified to its trustee or attorney-in-fact under § 18-50-102 that each mortgagor, grantor, or obligor who applied for loan modification or forbearance assistance has been notified that the mortgagor, grantor, or obligor does not meet the criteria for loan modification or forbearance assistance under any program offered by: (a) The beneficiary or mortgagee; or (b) A government agency if the beneficiary or mortgagee participates in the government agency's program. (ii) The notice shall be sent to the property address or mailing address of the mortgagor, grantor, or obligor by certified and first-class mail at least ten (10) business days before the sale. (B) The duties of the beneficiary or mortgagee under subdivision (a)(3)(A) of this section are not delegable to the beneficiary's trustee or the mortgagee's attorney-in-fact. (b) The mortgagee's or trustee's notice of default and intention to sell shall set forth: (1) The names of the parties to the mortgage or deed of trust; (2) A legal description of the trust property and, if applicable, the street address of the property; (3) The book and page numbers where the mortgage or deed of trust is recorded or the recorder's document number; (4) The default for which foreclosure is made; (5) The mortgagee's or trustee's intention to sell the trust property to satisfy the obligation, including in conspicuous type a warning as follows: "YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION"; (6) The time, date, and place of sale; and (7) The name, address, and telephone number of the party initiating foreclosure. (c) The mortgagee's or trustee's notice of default and intention to sell shall be mailed within thirty (30) days of the recording of the notice by certified mail, postage prepaid, and by first-class mail, postage prepaid, to the address last known to the mortgagee or the trustee or beneficiary of the following persons: (1) The mortgagor, grantor, and obligor of the deed of trust; (2) Any successor in interest to the mortgagor or grantor whose interest appears of record or whose interest the mortgagee or the trustee or beneficiary has actual notice; (3) Any person having a lien or interest subsequent to the interest of the mortgagee or trustee when that lien or interest appears of record or when the mortgagee, the trustee, or the beneficiary has actual notice of the lien or interest; and (4) Any person requesting notice, as provided in § 18-50-113 . (d) The disability, incapacity, or death of any person to whom notice must be given under this section shall not delay or impair in any way the mortgagee's or trustee's right to proceed with a sale, provided that the notice has been given in the manner required by this section to the guardian or conservator or to the administrator or executor, as the case may be. Acts 1987, No. 53, § 4; 1999, No. 983, § 4; 2011, No. 885, § 3.

(a) The trustee or mortgagee may not sell the trust property unless: (1) The mortgagee, trustee, or beneficiary has filed for record with the recorder of the county in which the trust property is situated a duly acknowledged notice of default and intention to sell containing the information required by subsection (b) of this section; (2) A period of at least sixty (60) days has elapsed since the recording of the notice of default and intention to sell; and (3) (A) (i) The beneficiary or mortgagee has certified to its trustee or attorney-in-fact under § 18-50-102 that each mortgagor, grantor, or obligor who applied for loan modification or forbearance assistance has been notified that the mortgagor, grantor, or obligor does not meet the criteria for loan modification or forbearance assistance under any program offered by: (a) The beneficiary or mortgagee; or (b) A government agency if the beneficiary or mortgagee participates in the government agency's program. (ii) The notice shall be sent to the property address or mailing address of the mortgagor, grantor, or obligor by certified and first-class mail at least ten (10) business days before the sale. (B) The duties of the beneficiary or mortgagee under subdivision (a)(3)(A) of this section are not delegable to the beneficiary's trustee or the mortgagee's attorney-in-fact.

(1) The mortgagee, trustee, or beneficiary has filed for record with the recorder of the county in which the trust property is situated a duly acknowledged notice of default and intention to sell containing the information required by subsection (b) of this section;

(2) A period of at least sixty (60) days has elapsed since the recording of the notice of default and intention to sell; and

(3) (A) (i) The beneficiary or mortgagee has certified to its trustee or attorney-in-fact under § 18-50-102 that each mortgagor, grantor, or obligor who applied for loan modification or forbearance assistance has been notified that the mortgagor, grantor, or obligor does not meet the criteria for loan modification or forbearance assistance under any program offered by: (a) The beneficiary or mortgagee; or (b) A government agency if the beneficiary or mortgagee participates in the government agency's program. (ii) The notice shall be sent to the property address or mailing address of the mortgagor, grantor, or obligor by certified and first-class mail at least ten (10) business days before the sale. (B) The duties of the beneficiary or mortgagee under subdivision (a)(3)(A) of this section are not delegable to the beneficiary's trustee or the mortgagee's attorney-in-fact.

(A) (i) The beneficiary or mortgagee has certified to its trustee or attorney-in-fact under § 18-50-102 that each mortgagor, grantor, or obligor who applied for loan modification or forbearance assistance has been notified that the mortgagor, grantor, or obligor does not meet the criteria for loan modification or forbearance assistance under any program offered by: (a) The beneficiary or mortgagee; or (b) A government agency if the beneficiary or mortgagee participates in the government agency's program. (ii) The notice shall be sent to the property address or mailing address of the mortgagor, grantor, or obligor by certified and first-class mail at least ten (10) business days before the sale.

(i) The beneficiary or mortgagee has certified to its trustee or attorney-in-fact under § 18-50-102 that each mortgagor, grantor, or obligor who applied for loan modification or forbearance assistance has been notified that the mortgagor, grantor, or obligor does not meet the criteria for loan modification or forbearance assistance under any program offered by: (a) The beneficiary or mortgagee; or (b) A government agency if the beneficiary or mortgagee participates in the government agency's program.

(a) The beneficiary or mortgagee; or

(b) A government agency if the beneficiary or mortgagee participates in the government agency's program.

(ii) The notice shall be sent to the property address or mailing address of the mortgagor, grantor, or obligor by certified and first-class mail at least ten (10) business days before the sale.

(B) The duties of the beneficiary or mortgagee under subdivision (a)(3)(A) of this section are not delegable to the beneficiary's trustee or the mortgagee's attorney-in-fact.

(b) The mortgagee's or trustee's notice of default and intention to sell shall set forth: (1) The names of the parties to the mortgage or deed of trust; (2) A legal description of the trust property and, if applicable, the street address of the property; (3) The book and page numbers where the mortgage or deed of trust is recorded or the recorder's document number; (4) The default for which foreclosure is made; (5) The mortgagee's or trustee's intention to sell the trust property to satisfy the obligation, including in conspicuous type a warning as follows: "YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION"; (6) The time, date, and place of sale; and (7) The name, address, and telephone number of the party initiating foreclosure.

(1) The names of the parties to the mortgage or deed of trust;

(2) A legal description of the trust property and, if applicable, the street address of the property;

(3) The book and page numbers where the mortgage or deed of trust is recorded or the recorder's document number;

(4) The default for which foreclosure is made;

(5) The mortgagee's or trustee's intention to sell the trust property to satisfy the obligation, including in conspicuous type a warning as follows: "YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION";

(6) The time, date, and place of sale; and

(7) The name, address, and telephone number of the party initiating foreclosure.

(c) The mortgagee's or trustee's notice of default and intention to sell shall be mailed within thirty (30) days of the recording of the notice by certified mail, postage prepaid, and by first-class mail, postage prepaid, to the address last known to the mortgagee or the trustee or beneficiary of the following persons: (1) The mortgagor, grantor, and obligor of the deed of trust; (2) Any successor in interest to the mortgagor or grantor whose interest appears of record or whose interest the mortgagee or the trustee or beneficiary has actual notice; (3) Any person having a lien or interest subsequent to the interest of the mortgagee or trustee when that lien or interest appears of record or when the mortgagee, the trustee, or the beneficiary has actual notice of the lien or interest; and (4) Any person requesting notice, as provided in § 18-50-113 .

(1) The mortgagor, grantor, and obligor of the deed of trust;

(2) Any successor in interest to the mortgagor or grantor whose interest appears of record or whose interest the mortgagee or the trustee or beneficiary has actual notice;

(3) Any person having a lien or interest subsequent to the interest of the mortgagee or trustee when that lien or interest appears of record or when the mortgagee, the trustee, or the beneficiary has actual notice of the lien or interest; and

(4) Any person requesting notice, as provided in § 18-50-113 .

(d) The disability, incapacity, or death of any person to whom notice must be given under this section shall not delay or impair in any way the mortgagee's or trustee's right to proceed with a sale, provided that the notice has been given in the manner required by this section to the guardian or conservator or to the administrator or executor, as the case may be.

Acts 1987, No. 53, § 4; 1999, No. 983, § 4; 2011, No. 885, § 3.
Ark. Code Ann. § 18-11-106 — AR Code / Title 18 / Chapter 11 / Subchapter 1 / Section 18-11-106
Adverse possession
Status: in_force

(a) To establish adverse possession of real property, the person and those under whom the person claims must have actual or constructive possession of the real property being claimed and have either: (1) (A) Held color of title to the real property for a period of at least seven (7) years and during that time paid ad valorem taxes on the real property. (B) For purposes of this subdivision (a)(1), color of title may be established by the person claiming adversely to the true owner by paying the ad valorem taxes for a period of at least seven (7) years for unimproved and unenclosed land or fifteen (15) years for wild and unimproved land, provided the true owner has not also paid the ad valorem taxes or made a bona fide good faith effort to pay the ad valorem taxes which were misapplied by the state and local taxing authority; or (2) Held color of title to real property contiguous to the real property being claimed by adverse possession for a period of at least seven (7) years and during that time paid ad valorem taxes on the contiguous real property to which the person has color of title. (b) (1) The requirements of subsection (a) of this section with regard to payment of ad valorem taxes shall not apply to a person or entity exempt from the payment of ad valorem taxes by law. (2) For the person or entity exempt from the payment of ad valorem taxes to establish adverse possession of real property, the person or entity must have: (A) Actual or constructive possession of the real property being claimed and held color of title to the real property for a period of at least seven (7) years; or (B) Actual or constructive possession of the real property being claimed and held color of title to the real property contiguous to the real property being claimed by adverse possession for a period of at least seven (7) years. (c) The requirements of this section are in addition to all other requirements for establishing adverse possession. (d) (1) This section shall not repeal any requirement under existing case law for establishing adverse possession but shall be supplemental to existing case law. (2) This section shall not diminish the presumption of possession of unimproved and unenclosed land created under § 18-11-102 by payment of taxes for seven (7) years under color of title or the presumption of color of title on wild and unimproved land created under § 18-11-103 by payment of taxes for fifteen (15) consecutive years. Acts 1995, No. 776, § 1; 2005, No. 84, § 1.

(a) To establish adverse possession of real property, the person and those under whom the person claims must have actual or constructive possession of the real property being claimed and have either: (1) (A) Held color of title to the real property for a period of at least seven (7) years and during that time paid ad valorem taxes on the real property. (B) For purposes of this subdivision (a)(1), color of title may be established by the person claiming adversely to the true owner by paying the ad valorem taxes for a period of at least seven (7) years for unimproved and unenclosed land or fifteen (15) years for wild and unimproved land, provided the true owner has not also paid the ad valorem taxes or made a bona fide good faith effort to pay the ad valorem taxes which were misapplied by the state and local taxing authority; or (2) Held color of title to real property contiguous to the real property being claimed by adverse possession for a period of at least seven (7) years and during that time paid ad valorem taxes on the contiguous real property to which the person has color of title.

(1) (A) Held color of title to the real property for a period of at least seven (7) years and during that time paid ad valorem taxes on the real property. (B) For purposes of this subdivision (a)(1), color of title may be established by the person claiming adversely to the true owner by paying the ad valorem taxes for a period of at least seven (7) years for unimproved and unenclosed land or fifteen (15) years for wild and unimproved land, provided the true owner has not also paid the ad valorem taxes or made a bona fide good faith effort to pay the ad valorem taxes which were misapplied by the state and local taxing authority; or

(A) Held color of title to the real property for a period of at least seven (7) years and during that time paid ad valorem taxes on the real property.

(B) For purposes of this subdivision (a)(1), color of title may be established by the person claiming adversely to the true owner by paying the ad valorem taxes for a period of at least seven (7) years for unimproved and unenclosed land or fifteen (15) years for wild and unimproved land, provided the true owner has not also paid the ad valorem taxes or made a bona fide good faith effort to pay the ad valorem taxes which were misapplied by the state and local taxing authority; or

(2) Held color of title to real property contiguous to the real property being claimed by adverse possession for a period of at least seven (7) years and during that time paid ad valorem taxes on the contiguous real property to which the person has color of title.

(b) (1) The requirements of subsection (a) of this section with regard to payment of ad valorem taxes shall not apply to a person or entity exempt from the payment of ad valorem taxes by law. (2) For the person or entity exempt from the payment of ad valorem taxes to establish adverse possession of real property, the person or entity must have: (A) Actual or constructive possession of the real property being claimed and held color of title to the real property for a period of at least seven (7) years; or (B) Actual or constructive possession of the real property being claimed and held color of title to the real property contiguous to the real property being claimed by adverse possession for a period of at least seven (7) years.

(1) The requirements of subsection (a) of this section with regard to payment of ad valorem taxes shall not apply to a person or entity exempt from the payment of ad valorem taxes by law.

(2) For the person or entity exempt from the payment of ad valorem taxes to establish adverse possession of real property, the person or entity must have: (A) Actual or constructive possession of the real property being claimed and held color of title to the real property for a period of at least seven (7) years; or (B) Actual or constructive possession of the real property being claimed and held color of title to the real property contiguous to the real property being claimed by adverse possession for a period of at least seven (7) years.

(A) Actual or constructive possession of the real property being claimed and held color of title to the real property for a period of at least seven (7) years; or

(B) Actual or constructive possession of the real property being claimed and held color of title to the real property contiguous to the real property being claimed by adverse possession for a period of at least seven (7) years.

(c) The requirements of this section are in addition to all other requirements for establishing adverse possession.

(d) (1) This section shall not repeal any requirement under existing case law for establishing adverse possession but shall be supplemental to existing case law. (2) This section shall not diminish the presumption of possession of unimproved and unenclosed land created under § 18-11-102 by payment of taxes for seven (7) years under color of title or the presumption of color of title on wild and unimproved land created under § 18-11-103 by payment of taxes for fifteen (15) consecutive years.

(1) This section shall not repeal any requirement under existing case law for establishing adverse possession but shall be supplemental to existing case law.

(2) This section shall not diminish the presumption of possession of unimproved and unenclosed land created under § 18-11-102 by payment of taxes for seven (7) years under color of title or the presumption of color of title on wild and unimproved land created under § 18-11-103 by payment of taxes for fifteen (15) consecutive years.

Acts 1995, No. 776, § 1; 2005, No. 84, § 1.
Ark. Code Ann. § 18-16-508 — AR Code / Title 18 / Chapter 16 / Subchapter 5 / Section 18-16-508
Costs and attorney's fees - Damages
Status: in_force

(a) (1) A court granting relief under this subchapter may order in addition to any other costs provided by law the payment by the defendant or defendants to the plaintiff reasonable attorney's fees and the costs of the action. In such cases, multiple defendants are jointly and severally liable for any payment so ordered. (2) Any costs or attorney's fees collected from the defendants shall be remitted to the plaintiff. If the plaintiff is the city attorney, the costs shall be remitted to the city general fund. If the plaintiff is the prosecuting attorney, the costs shall be remitted to the county general fund. (b) A proceeding brought under this subchapter for eviction of the defendants and occupants of the premises does not preclude the owner or landlord from recovering monetary damages for rent, repairs, or any other incidental damages up to the date of eviction of the defendants and occupants from the premises in a civil action. Acts 2009, No. 464, § 1.

(a) (1) A court granting relief under this subchapter may order in addition to any other costs provided by law the payment by the defendant or defendants to the plaintiff reasonable attorney's fees and the costs of the action. In such cases, multiple defendants are jointly and severally liable for any payment so ordered. (2) Any costs or attorney's fees collected from the defendants shall be remitted to the plaintiff. If the plaintiff is the city attorney, the costs shall be remitted to the city general fund. If the plaintiff is the prosecuting attorney, the costs shall be remitted to the county general fund.

(1) A court granting relief under this subchapter may order in addition to any other costs provided by law the payment by the defendant or defendants to the plaintiff reasonable attorney's fees and the costs of the action. In such cases, multiple defendants are jointly and severally liable for any payment so ordered.

(2) Any costs or attorney's fees collected from the defendants shall be remitted to the plaintiff. If the plaintiff is the city attorney, the costs shall be remitted to the city general fund. If the plaintiff is the prosecuting attorney, the costs shall be remitted to the county general fund.

(b) A proceeding brought under this subchapter for eviction of the defendants and occupants of the premises does not preclude the owner or landlord from recovering monetary damages for rent, repairs, or any other incidental damages up to the date of eviction of the defendants and occupants from the premises in a civil action.

Acts 2009, No. 464, § 1.
Ark. Code Ann. § 18-27-101 — AR Code / Title 18 / Chapter 27 / Subchapter 1 / Section 18-27-101
Joint tenancy in stock certificate
Status: in_force

(a) In any instance in which any corporation or cooperative association organized under the laws of the State of Arkansas may issue any stock certificate or other form of certificate of any character evidencing ownership or equity in the corporation or cooperative association in two (2) or more persons and shall use the word "or" between the names of the persons to whom it is issued so as to cause the same to read in the alternative, the persons to whom the certificate is issued in this form shall hold and own the same as joint tenants and not as tenants in common. Full and complete ownership of the certificate so issued shall pass and belong to the last survivor of the persons so named. (b) Any one (1) of the persons to whom any certificate may be issued in manner and form as provided in subsection (a) of this section may endorse, assign, or transfer the certificate as fully and as effectively as could all persons therein named joining together. The endorsement, assignment, or transfer so made shall be fully binding on all persons named therein. Acts 1959, No. 161, §§ 1, 2; A.S.A. 1947, §§ 50-110, 50-111.

(a) In any instance in which any corporation or cooperative association organized under the laws of the State of Arkansas may issue any stock certificate or other form of certificate of any character evidencing ownership or equity in the corporation or cooperative association in two (2) or more persons and shall use the word "or" between the names of the persons to whom it is issued so as to cause the same to read in the alternative, the persons to whom the certificate is issued in this form shall hold and own the same as joint tenants and not as tenants in common. Full and complete ownership of the certificate so issued shall pass and belong to the last survivor of the persons so named.

(b) Any one (1) of the persons to whom any certificate may be issued in manner and form as provided in subsection (a) of this section may endorse, assign, or transfer the certificate as fully and as effectively as could all persons therein named joining together. The endorsement, assignment, or transfer so made shall be fully binding on all persons named therein.

Acts 1959, No. 161, §§ 1, 2; A.S.A. 1947, §§ 50-110, 50-111.
Ark. Code Ann. § 18-49-106 — AR Code / Title 18 / Chapter 49 / Section 18-49-106
Redemption of real property
Status: in_force

(a) (1) In all cases where real property is sold under an order or decree of the circuit court or a court exercising circuit jurisdiction in the foreclosure of mortgages and deeds of trust, the mortgagor or his or her heirs or legal representatives shall have the right to redeem the property so sold. (2) This may be done at any time within one (1) year from the date of sale, by the payment of the amount for which the property was sold, together with interest thereon, at the rate borne by the decree or judgment, and the cost of foreclosure and sale. (b) The mortgagor may waive the right of redemption in the mortgage or deed of trust so executed and foreclosed. Acts 1899, No. 153, § 1, p. 279; C. & M. Dig., § 7411; Pope's Dig., § 9473; A.S.A. 1947, § 51-1111.

(a) (1) In all cases where real property is sold under an order or decree of the circuit court or a court exercising circuit jurisdiction in the foreclosure of mortgages and deeds of trust, the mortgagor or his or her heirs or legal representatives shall have the right to redeem the property so sold. (2) This may be done at any time within one (1) year from the date of sale, by the payment of the amount for which the property was sold, together with interest thereon, at the rate borne by the decree or judgment, and the cost of foreclosure and sale.

(1) In all cases where real property is sold under an order or decree of the circuit court or a court exercising circuit jurisdiction in the foreclosure of mortgages and deeds of trust, the mortgagor or his or her heirs or legal representatives shall have the right to redeem the property so sold.

(2) This may be done at any time within one (1) year from the date of sale, by the payment of the amount for which the property was sold, together with interest thereon, at the rate borne by the decree or judgment, and the cost of foreclosure and sale.

(b) The mortgagor may waive the right of redemption in the mortgage or deed of trust so executed and foreclosed.

Acts 1899, No. 153, § 1, p. 279; C. & M. Dig., § 7411; Pope's Dig., § 9473; A.S.A. 1947, § 51-1111.
Ark. Code Ann. § 18-50-103 — AR Code / Title 18 / Chapter 50 / Section 18-50-103
Conditions to exercise of power of sale
Status: in_force

A beneficiary or mortgagee may not initiate a foreclosure under this chapter unless: (1) The deed of trust or mortgage is filed for record with the recorder of the county in which the trust property is situated; (2) (A) The beneficiary or mortgagee: (i) Has personal knowledge of the records and information provided under this subdivision (2); and (ii) At least ten (10) days before initiating the foreclosure has provided by standard mail to the grantor, mortgagor, or obligor at the address of the property encumbered by the mortgage or deed of trust or the mailing address of the grantor, mortgagor, or obligor: (a) A true and correct copy of the note with all required endorsements, the mortgage, or the deed of trust; (b) The name of the holder and the physical location of the original note; (c) A true and correct copy of the original mortgage or deed of trust and if in the possession of the beneficiary or mortgagee, each assignment or allonge of the mortgage or deed of trust; (d) Information, including the applicable telephone number and Internet address, regarding the availability to the grantor, mortgagor, or obligor of each program for loan modification assistance or forbearance assistance offered: (1) Solely by the beneficiary or the mortgagee; or (2) By a government agency if the beneficiary or mortgagee participates in the government agency's program; and (e) If the default is the result of the failure to make payment, a payment history showing the date of default. (B) If a true and correct copy of the original note, mortgage, deed of trust, or an assignment or allonge of the note, mortgage, or deed of trust is lost or otherwise unavailable, the beneficiary or mortgagee may, instead of providing true and correct copies of the note, mortgage, deed of trust, or assignment or allonge of the note, mortgage, or deed of trust, provide a statement that the document is lost or otherwise unavailable, and shall recite the good faith efforts the beneficiary or mortgagee has made to locate the document. (C) The duties of the beneficiary or mortgagee to provide information under this subdivision (2) are not delegable to the beneficiary's trustee or the mortgagee's attorney-in-fact; (3) There is a default by the mortgagor, grantor, or obligor with respect to any provision in the mortgage or deed of trust that authorizes sale in the event of default of the provision; and (4) No action has been instituted to recover the debt or any part of it secured by the mortgage or deed of trust or, if such action has been instituted, the action has been dismissed. Acts 1987, No. 53, § 3; 1999, No. 983, § 3; 2011, No. 885, § 2.

A beneficiary or mortgagee may not initiate a foreclosure under this chapter unless:

(1) The deed of trust or mortgage is filed for record with the recorder of the county in which the trust property is situated;

(2) (A) The beneficiary or mortgagee: (i) Has personal knowledge of the records and information provided under this subdivision (2); and (ii) At least ten (10) days before initiating the foreclosure has provided by standard mail to the grantor, mortgagor, or obligor at the address of the property encumbered by the mortgage or deed of trust or the mailing address of the grantor, mortgagor, or obligor: (a) A true and correct copy of the note with all required endorsements, the mortgage, or the deed of trust; (b) The name of the holder and the physical location of the original note; (c) A true and correct copy of the original mortgage or deed of trust and if in the possession of the beneficiary or mortgagee, each assignment or allonge of the mortgage or deed of trust; (d) Information, including the applicable telephone number and Internet address, regarding the availability to the grantor, mortgagor, or obligor of each program for loan modification assistance or forbearance assistance offered: (1) Solely by the beneficiary or the mortgagee; or (2) By a government agency if the beneficiary or mortgagee participates in the government agency's program; and (e) If the default is the result of the failure to make payment, a payment history showing the date of default. (B) If a true and correct copy of the original note, mortgage, deed of trust, or an assignment or allonge of the note, mortgage, or deed of trust is lost or otherwise unavailable, the beneficiary or mortgagee may, instead of providing true and correct copies of the note, mortgage, deed of trust, or assignment or allonge of the note, mortgage, or deed of trust, provide a statement that the document is lost or otherwise unavailable, and shall recite the good faith efforts the beneficiary or mortgagee has made to locate the document. (C) The duties of the beneficiary or mortgagee to provide information under this subdivision (2) are not delegable to the beneficiary's trustee or the mortgagee's attorney-in-fact;

(A) The beneficiary or mortgagee: (i) Has personal knowledge of the records and information provided under this subdivision (2); and (ii) At least ten (10) days before initiating the foreclosure has provided by standard mail to the grantor, mortgagor, or obligor at the address of the property encumbered by the mortgage or deed of trust or the mailing address of the grantor, mortgagor, or obligor: (a) A true and correct copy of the note with all required endorsements, the mortgage, or the deed of trust; (b) The name of the holder and the physical location of the original note; (c) A true and correct copy of the original mortgage or deed of trust and if in the possession of the beneficiary or mortgagee, each assignment or allonge of the mortgage or deed of trust; (d) Information, including the applicable telephone number and Internet address, regarding the availability to the grantor, mortgagor, or obligor of each program for loan modification assistance or forbearance assistance offered: (1) Solely by the beneficiary or the mortgagee; or (2) By a government agency if the beneficiary or mortgagee participates in the government agency's program; and (e) If the default is the result of the failure to make payment, a payment history showing the date of default.

(i) Has personal knowledge of the records and information provided under this subdivision (2); and

(ii) At least ten (10) days before initiating the foreclosure has provided by standard mail to the grantor, mortgagor, or obligor at the address of the property encumbered by the mortgage or deed of trust or the mailing address of the grantor, mortgagor, or obligor: (a) A true and correct copy of the note with all required endorsements, the mortgage, or the deed of trust; (b) The name of the holder and the physical location of the original note; (c) A true and correct copy of the original mortgage or deed of trust and if in the possession of the beneficiary or mortgagee, each assignment or allonge of the mortgage or deed of trust; (d) Information, including the applicable telephone number and Internet address, regarding the availability to the grantor, mortgagor, or obligor of each program for loan modification assistance or forbearance assistance offered: (1) Solely by the beneficiary or the mortgagee; or (2) By a government agency if the beneficiary or mortgagee participates in the government agency's program; and (e) If the default is the result of the failure to make payment, a payment history showing the date of default.

(a) A true and correct copy of the note with all required endorsements, the mortgage, or the deed of trust;

(b) The name of the holder and the physical location of the original note;

(c) A true and correct copy of the original mortgage or deed of trust and if in the possession of the beneficiary or mortgagee, each assignment or allonge of the mortgage or deed of trust;

(d) Information, including the applicable telephone number and Internet address, regarding the availability to the grantor, mortgagor, or obligor of each program for loan modification assistance or forbearance assistance offered: (1) Solely by the beneficiary or the mortgagee; or (2) By a government agency if the beneficiary or mortgagee participates in the government agency's program; and

(1) Solely by the beneficiary or the mortgagee; or

(2) By a government agency if the beneficiary or mortgagee participates in the government agency's program; and

(e) If the default is the result of the failure to make payment, a payment history showing the date of default.

(B) If a true and correct copy of the original note, mortgage, deed of trust, or an assignment or allonge of the note, mortgage, or deed of trust is lost or otherwise unavailable, the beneficiary or mortgagee may, instead of providing true and correct copies of the note, mortgage, deed of trust, or assignment or allonge of the note, mortgage, or deed of trust, provide a statement that the document is lost or otherwise unavailable, and shall recite the good faith efforts the beneficiary or mortgagee has made to locate the document.

(C) The duties of the beneficiary or mortgagee to provide information under this subdivision (2) are not delegable to the beneficiary's trustee or the mortgagee's attorney-in-fact;

(3) There is a default by the mortgagor, grantor, or obligor with respect to any provision in the mortgage or deed of trust that authorizes sale in the event of default of the provision; and

(4) No action has been instituted to recover the debt or any part of it secured by the mortgage or deed of trust or, if such action has been instituted, the action has been dismissed.

Acts 1987, No. 53, § 3; 1999, No. 983, § 3; 2011, No. 885, § 2.
Ark. Code Ann. § 18-60-807 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-807
Immediate appearance - Impounding of property
Status: in_force

If the petitioner for an order of delivery, after otherwise complying with the requirements for issuance thereof, shall present evidence to the court that there is genuine danger that the property sought under the order will be removed from the court's jurisdiction, damaged, concealed, or otherwise jeopardized, the court shall have the power to direct the immediate appearance of the party having possession thereof or, if the party cannot be immediately served but the property can be located, to direct that the property be taken and impounded pending further hearing, in which event it shall be deemed in custodia legis, subject to possession by neither party without further order of the court. Acts 1973, No. 144, § 4; A.S.A. 1947, § 34-2122.

If the petitioner for an order of delivery, after otherwise complying with the requirements for issuance thereof, shall present evidence to the court that there is genuine danger that the property sought under the order will be removed from the court's jurisdiction, damaged, concealed, or otherwise jeopardized, the court shall have the power to direct the immediate appearance of the party having possession thereof or, if the party cannot be immediately served but the property can be located, to direct that the property be taken and impounded pending further hearing, in which event it shall be deemed in custodia legis, subject to possession by neither party without further order of the court.

Acts 1973, No. 144, § 4; A.S.A. 1947, § 34-2122.
Ark. Code Ann. § 18-43-116 — AR Code / Title 18 / Chapter 43 / Section 18-43-116
Land to be sold with buildings
Status: in_force

In selling buildings under the provisions of this section and §§ 18-43-101 , 18-43-104 - 18-43-110 , 18-43-112 - 18-43-115 , and 18-43-117 , a reasonable amount of land will be sold with them, not to exceed two (2) acres, surrounding the building. Acts 1868, No. 64, § 15, p. 224; C. & M. Dig., § 6860; Pope's Dig., § 8816; A.S.A. 1947, § 51-313.

In selling buildings under the provisions of this section and §§ 18-43-101 , 18-43-104 - 18-43-110 , 18-43-112 - 18-43-115 , and 18-43-117 , a reasonable amount of land will be sold with them, not to exceed two (2) acres, surrounding the building.

Acts 1868, No. 64, § 15, p. 224; C. & M. Dig., § 6860; Pope's Dig., § 8816; A.S.A. 1947, § 51-313.
Ark. Code Ann. § 18-12-202 — AR Code / Title 18 / Chapter 12 / Subchapter 2 / Section 18-12-202
Forms of acknowledgments - Validity - Acknowledgments of married persons
Status: in_force

(a) (1) Either the forms of acknowledgments now in use in this state or any other forms may be used in the case of all deeds and other instruments in writing for the conveyance of real or personal property which: (A) Specify, in the caption or otherwise, the state and county or other place where the acknowledgment is taken; (B) Set out the name of the person acknowledging and, in instances in which he or she acknowledges otherwise than in his or her own right, the name of the person, association, or corporation for which he or she acknowledges; and (C) Recite in substance or the equivalent that the execution of the instrument was acknowledged by the person so named as acknowledging, or any other form of acknowledgment provided by law. (2) These forms may also be used when the property is to be affected in law or equity and also in any other case in which such an acknowledgment is for any purpose required or authorized by law. (3) An acknowledgment in any of these forms shall be sufficient to entitle the instrument to be recorded and to be read in evidence. (b) The acknowledgment of a married person, both as to the disposition of his or her own property and as to the relinquishment of dower, curtesy, and homestead in the property of a spouse, may be made in the same form as if that person were sole and without any examination separate and apart from a spouse, and without necessity for a specific reference therein to the interest so conveyed or relinquished. Acts 1937, No. 44, § 1; Pope's Dig., § 1831; Acts 1981, No. 714, § 3; A.S.A. 1947, § 49-201.

(a) (1) Either the forms of acknowledgments now in use in this state or any other forms may be used in the case of all deeds and other instruments in writing for the conveyance of real or personal property which: (A) Specify, in the caption or otherwise, the state and county or other place where the acknowledgment is taken; (B) Set out the name of the person acknowledging and, in instances in which he or she acknowledges otherwise than in his or her own right, the name of the person, association, or corporation for which he or she acknowledges; and (C) Recite in substance or the equivalent that the execution of the instrument was acknowledged by the person so named as acknowledging, or any other form of acknowledgment provided by law. (2) These forms may also be used when the property is to be affected in law or equity and also in any other case in which such an acknowledgment is for any purpose required or authorized by law. (3) An acknowledgment in any of these forms shall be sufficient to entitle the instrument to be recorded and to be read in evidence.

(1) Either the forms of acknowledgments now in use in this state or any other forms may be used in the case of all deeds and other instruments in writing for the conveyance of real or personal property which: (A) Specify, in the caption or otherwise, the state and county or other place where the acknowledgment is taken; (B) Set out the name of the person acknowledging and, in instances in which he or she acknowledges otherwise than in his or her own right, the name of the person, association, or corporation for which he or she acknowledges; and (C) Recite in substance or the equivalent that the execution of the instrument was acknowledged by the person so named as acknowledging, or any other form of acknowledgment provided by law.

(A) Specify, in the caption or otherwise, the state and county or other place where the acknowledgment is taken;

(B) Set out the name of the person acknowledging and, in instances in which he or she acknowledges otherwise than in his or her own right, the name of the person, association, or corporation for which he or she acknowledges; and

(C) Recite in substance or the equivalent that the execution of the instrument was acknowledged by the person so named as acknowledging, or any other form of acknowledgment provided by law.

(2) These forms may also be used when the property is to be affected in law or equity and also in any other case in which such an acknowledgment is for any purpose required or authorized by law.

(3) An acknowledgment in any of these forms shall be sufficient to entitle the instrument to be recorded and to be read in evidence.

(b) The acknowledgment of a married person, both as to the disposition of his or her own property and as to the relinquishment of dower, curtesy, and homestead in the property of a spouse, may be made in the same form as if that person were sole and without any examination separate and apart from a spouse, and without necessity for a specific reference therein to the interest so conveyed or relinquished.

Acts 1937, No. 44, § 1; Pope's Dig., § 1831; Acts 1981, No. 714, § 3; A.S.A. 1947, § 49-201.
Ark. Code Ann. § 18-60-708 — AR Code / Title 18 / Chapter 60 / Subchapter 7 / Section 18-60-708
Costs
Status: in_force

The petitioner shall pay the costs when there is no contest, and in case of contest, the cost shall be adjudged by the court. Acts 1911, No. 267, § 4; C. & M. Dig., § 8377; Pope's Dig., § 10973; A.S.A. 1947, § 34-1916.

The petitioner shall pay the costs when there is no contest, and in case of contest, the cost shall be adjudged by the court.

Acts 1911, No. 267, § 4; C. & M. Dig., § 8377; Pope's Dig., § 10973; A.S.A. 1947, § 34-1916.
Ark. Code Ann. § 18-16-113 — AR Code / Title 18 / Chapter 16 / Subchapter 1 / Section 18-16-113
Hunting and fishing rights - Leased farmland
Status: in_force

(a) (1) A tenant of leased or rented farmland shall have no right to hunt or fish or grant the right to hunt or fish on the farmland that he or she leases or rents unless the right to hunt or fish or to grant the right to hunt or fish is expressly granted in writing by the owner of the farmland. (2) The right to hunt or fish or to grant the right to hunt or fish on farmland shall reside solely with the owner of the farmland. (b) The farmland owner's right to hunt or fish on his or her farmland includes without limitation the right to: (1) Travel by foot or by any type of vehicle or boat, and by any means on, over, across, and through the farmland, and by any roads, waterways, ditches, levies, rights of way, or easements on or appurtenant to the farmland; (2) Move, remove, use, pump, or impound water on, upon, and about the farmland; (3) Erect, maintain, and operate permanent or temporary structures, facilities, utilities, pumping systems, blinds, docks, decks, and other similar structures and facilities on the farmland; and (4) Grant other persons, natural or artificial, the right, concurrently or exclusively, to engage in and undertake any manner or means of hunting or fishing on, upon, and about the farmland that is leased or rented, whether orally or in writing, and to exercise any and all of the foregoing rights attendant thereto. Acts 2011, No. 869, § 1.

(a) (1) A tenant of leased or rented farmland shall have no right to hunt or fish or grant the right to hunt or fish on the farmland that he or she leases or rents unless the right to hunt or fish or to grant the right to hunt or fish is expressly granted in writing by the owner of the farmland. (2) The right to hunt or fish or to grant the right to hunt or fish on farmland shall reside solely with the owner of the farmland.

(1) A tenant of leased or rented farmland shall have no right to hunt or fish or grant the right to hunt or fish on the farmland that he or she leases or rents unless the right to hunt or fish or to grant the right to hunt or fish is expressly granted in writing by the owner of the farmland.

(2) The right to hunt or fish or to grant the right to hunt or fish on farmland shall reside solely with the owner of the farmland.

(b) The farmland owner's right to hunt or fish on his or her farmland includes without limitation the right to: (1) Travel by foot or by any type of vehicle or boat, and by any means on, over, across, and through the farmland, and by any roads, waterways, ditches, levies, rights of way, or easements on or appurtenant to the farmland; (2) Move, remove, use, pump, or impound water on, upon, and about the farmland; (3) Erect, maintain, and operate permanent or temporary structures, facilities, utilities, pumping systems, blinds, docks, decks, and other similar structures and facilities on the farmland; and (4) Grant other persons, natural or artificial, the right, concurrently or exclusively, to engage in and undertake any manner or means of hunting or fishing on, upon, and about the farmland that is leased or rented, whether orally or in writing, and to exercise any and all of the foregoing rights attendant thereto.

(1) Travel by foot or by any type of vehicle or boat, and by any means on, over, across, and through the farmland, and by any roads, waterways, ditches, levies, rights of way, or easements on or appurtenant to the farmland;

(2) Move, remove, use, pump, or impound water on, upon, and about the farmland;

(3) Erect, maintain, and operate permanent or temporary structures, facilities, utilities, pumping systems, blinds, docks, decks, and other similar structures and facilities on the farmland; and

(4) Grant other persons, natural or artificial, the right, concurrently or exclusively, to engage in and undertake any manner or means of hunting or fishing on, upon, and about the farmland that is leased or rented, whether orally or in writing, and to exercise any and all of the foregoing rights attendant thereto.

Acts 2011, No. 869, § 1.
Ark. Code Ann. § 18-47-206 — AR Code / Title 18 / Chapter 47 / Subchapter 2 / Section 18-47-206
Uniformity of application and construction
Status: in_force

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting it. Acts 1989, No. 835, § 6.

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

Acts 1989, No. 835, § 6.
Ark. Code Ann. § 18-44-501 — AR Code / Title 18 / Chapter 44 / Subchapter 5 / Section 18-44-501
Purpose - Definitions
Status: in_force

(a) As used in this subchapter: (1) "Construction contract" means a contract for the construction, erection, alteration, demolition, or repair of a building, structure, or improvement; (2) "Public construction contract" means a contract for the construction, erection, alteration, demolition, or repair of a public building, public structure, or public improvement, including without limitation a: (A) Levee; (B) Sewer; (C) Drain; (D) Road; (E) Street; (F) Highway; or (G) Bridge; and (3) "Real estate construction contract" means a contract for the construction, erection, alteration, demolition, or repair of a building, structure, or improvement located on privately owned real estate. (b) Liability imposed under this subchapter on any surety furnishing a payment bond or a performance bond is an integral part of the bond whether or not the liability is explicitly set out or assumed in the bond. (c) The purpose of this subchapter is to provide a uniform bonding procedure for payment bonds and performance bonds issued under contracts for the construction, erection, alteration, demolition, or repair of any building, structure, or improvement. Amended by Act 2021, No. 986,§ 1, eff. 7/28/2021. Acts 1953, No. 351, § 4; 1957, No. 209, § 2; A.S.A. 1947, § 51-635.

(a) As used in this subchapter: (1) "Construction contract" means a contract for the construction, erection, alteration, demolition, or repair of a building, structure, or improvement; (2) "Public construction contract" means a contract for the construction, erection, alteration, demolition, or repair of a public building, public structure, or public improvement, including without limitation a: (A) Levee; (B) Sewer; (C) Drain; (D) Road; (E) Street; (F) Highway; or (G) Bridge; and (3) "Real estate construction contract" means a contract for the construction, erection, alteration, demolition, or repair of a building, structure, or improvement located on privately owned real estate.

(1) "Construction contract" means a contract for the construction, erection, alteration, demolition, or repair of a building, structure, or improvement;

(2) "Public construction contract" means a contract for the construction, erection, alteration, demolition, or repair of a public building, public structure, or public improvement, including without limitation a: (A) Levee; (B) Sewer; (C) Drain; (D) Road; (E) Street; (F) Highway; or (G) Bridge; and

(A) Levee;

(B) Sewer;

(C) Drain;

(D) Road;

(E) Street;

(F) Highway; or

(G) Bridge; and

(3) "Real estate construction contract" means a contract for the construction, erection, alteration, demolition, or repair of a building, structure, or improvement located on privately owned real estate.

(b) Liability imposed under this subchapter on any surety furnishing a payment bond or a performance bond is an integral part of the bond whether or not the liability is explicitly set out or assumed in the bond.

(c) The purpose of this subchapter is to provide a uniform bonding procedure for payment bonds and performance bonds issued under contracts for the construction, erection, alteration, demolition, or repair of any building, structure, or improvement.

Amended by Act 2021, No. 986,§ 1, eff. 7/28/2021.

Acts 1953, No. 351, § 4; 1957, No. 209, § 2; A.S.A. 1947, § 51-635.
Ark. Code Ann. § 18-16-409 — AR Code / Title 18 / Chapter 16 / Subchapter 4 / Section 18-16-409
Notices - Method of delivery
Status: in_force

(a) Unless otherwise specifically provided, all notices required by this subchapter shall be sent by first class mail with certificate of mailing. (b) (1) Notices sent to the operator shall be sent to the self-service storage facility where the occupant's property is stored. (2) Notices to the occupant shall be sent to the occupant at the occupant's last known address. (3) Notices shall be deemed delivered when deposited with the United States Postal Service, properly addressed as provided in § 18-16-407(b) with postage prepaid. Acts 1987, No. 576, § 4; 2011, No. 189, § 2.

(a) Unless otherwise specifically provided, all notices required by this subchapter shall be sent by first class mail with certificate of mailing.

(b) (1) Notices sent to the operator shall be sent to the self-service storage facility where the occupant's property is stored. (2) Notices to the occupant shall be sent to the occupant at the occupant's last known address. (3) Notices shall be deemed delivered when deposited with the United States Postal Service, properly addressed as provided in § 18-16-407(b) with postage prepaid.

(1) Notices sent to the operator shall be sent to the self-service storage facility where the occupant's property is stored.

(2) Notices to the occupant shall be sent to the occupant at the occupant's last known address.

(3) Notices shall be deemed delivered when deposited with the United States Postal Service, properly addressed as provided in § 18-16-407(b) with postage prepaid.

Acts 1987, No. 576, § 4; 2011, No. 189, § 2.
Ark. Code Ann. § 18-15-711 — AR Code / Title 18 / Chapter 15 / Subchapter 7 / Section 18-15-711
Raising of dam
Status: in_force

Any owner of any dam and mill, or other machinery erected by virtue of this subchapter, may raise his or her dam by permission of the court, under and by the same proceedings, rules, and conditions provided in this subchapter. Amended by Act 2019, No. 315,§ 1685, eff. 7/24/2019. Rev. Stat., ch. 98, § 21; C. & M. Dig., § 3963; Pope's Dig., § 4965; A.S.A. 1947, § 35-521.

Any owner of any dam and mill, or other machinery erected by virtue of this subchapter, may raise his or her dam by permission of the court, under and by the same proceedings, rules, and conditions provided in this subchapter.

Amended by Act 2019, No. 315,§ 1685, eff. 7/24/2019.

Rev. Stat., ch. 98, § 21; C. & M. Dig., § 3963; Pope's Dig., § 4965; A.S.A. 1947, § 35-521.
Ark. Code Ann. § 18-16-111 — AR Code / Title 18 / Chapter 16 / Subchapter 1 / Section 18-16-111
Manufactured homes and mobile homes on leased land - Definitions
Status: in_force

(a) As used in this section: (1) "Lessee" means the person or persons leasing the property, site, or lot where a manufactured home or mobile home is located; (2) "Lessor" means the owner or manager of the property, site, or lot where a manufactured home or mobile home is located; and (3) "Unoccupied" means that a manufactured home or mobile home has ceased to be a customary place of habitation or abode and no person is living or residing in it. (b) (1) When a manufactured home or mobile home on a leased site is unoccupied and the lease or rental payment for the leased site where the mobile home or manufactured home is located is sixty (60) days or more past due, the lessor shall notify the lessee and the lienholder, if the lienholder is not the lessee or occupant of the manufactured home or mobile home, that the manufactured home or mobile home is unoccupied and that the lease or rental payment is past due. (2) The notice shall be in writing and delivered by certified mail and shall include the following information if known or readily available to the lessor: (A) The lessor's name and mailing address; (B) The lessee's name and last known mailing address; (C) The lienholder's name and mailing address; (D) The street address or physical location of the manufactured home or mobile home; (E) The monthly lease payment amount; (F) The serial number of the manufactured home or mobile home; and (G) A description of the manufactured home or mobile home, including the make, model, year, dimensions, and any identification numbers or marks. (3) In the notice required in subdivision (b)(1) of this section, the lessor shall notify the lienholder that unless the manufactured home or mobile home is removed from the leased site within thirty (30) days from the date the lienholder receives the notice, the manufactured home or mobile home shall be subject to a lien in favor of the lessor for the payment of all lease or rental payments accruing from the date the lienholder received the notice. (c) (1) Unless the lienholder is prevented by law from removing the manufactured home or mobile home, the lienholder has thirty (30) days to remove the manufactured home or mobile home before the lienholder shall be held responsible for lease or rental payments accruing from the date the lienholder received the notice. (2) If the lienholder fails to remove the manufactured home or mobile home within thirty (30) days, the manufactured home or mobile home shall be subject to a lien in favor of the lessor for the payment of all lease or rental payments beginning on the date that the notice is received by the lienholder in an amount equal to the monthly lease or rental payments contained in the notice. (d) Nothing in this section shall obligate the lienholder for any lease or rental payments owed while the lessee occupied the manufactured home or mobile home or any other lease or rental payments due prior to the notification of the lienholder, as required by subsection (b) of this section. (e) Nothing in this section shall prevent the lessor from holding the lessee responsible for any unpaid lease or rental payments. Acts 2005, No. 2228, § 1.

(a) As used in this section: (1) "Lessee" means the person or persons leasing the property, site, or lot where a manufactured home or mobile home is located; (2) "Lessor" means the owner or manager of the property, site, or lot where a manufactured home or mobile home is located; and (3) "Unoccupied" means that a manufactured home or mobile home has ceased to be a customary place of habitation or abode and no person is living or residing in it.

(1) "Lessee" means the person or persons leasing the property, site, or lot where a manufactured home or mobile home is located;

(2) "Lessor" means the owner or manager of the property, site, or lot where a manufactured home or mobile home is located; and

(3) "Unoccupied" means that a manufactured home or mobile home has ceased to be a customary place of habitation or abode and no person is living or residing in it.

(b) (1) When a manufactured home or mobile home on a leased site is unoccupied and the lease or rental payment for the leased site where the mobile home or manufactured home is located is sixty (60) days or more past due, the lessor shall notify the lessee and the lienholder, if the lienholder is not the lessee or occupant of the manufactured home or mobile home, that the manufactured home or mobile home is unoccupied and that the lease or rental payment is past due. (2) The notice shall be in writing and delivered by certified mail and shall include the following information if known or readily available to the lessor: (A) The lessor's name and mailing address; (B) The lessee's name and last known mailing address; (C) The lienholder's name and mailing address; (D) The street address or physical location of the manufactured home or mobile home; (E) The monthly lease payment amount; (F) The serial number of the manufactured home or mobile home; and (G) A description of the manufactured home or mobile home, including the make, model, year, dimensions, and any identification numbers or marks. (3) In the notice required in subdivision (b)(1) of this section, the lessor shall notify the lienholder that unless the manufactured home or mobile home is removed from the leased site within thirty (30) days from the date the lienholder receives the notice, the manufactured home or mobile home shall be subject to a lien in favor of the lessor for the payment of all lease or rental payments accruing from the date the lienholder received the notice.

(1) When a manufactured home or mobile home on a leased site is unoccupied and the lease or rental payment for the leased site where the mobile home or manufactured home is located is sixty (60) days or more past due, the lessor shall notify the lessee and the lienholder, if the lienholder is not the lessee or occupant of the manufactured home or mobile home, that the manufactured home or mobile home is unoccupied and that the lease or rental payment is past due.

(2) The notice shall be in writing and delivered by certified mail and shall include the following information if known or readily available to the lessor: (A) The lessor's name and mailing address; (B) The lessee's name and last known mailing address; (C) The lienholder's name and mailing address; (D) The street address or physical location of the manufactured home or mobile home; (E) The monthly lease payment amount; (F) The serial number of the manufactured home or mobile home; and (G) A description of the manufactured home or mobile home, including the make, model, year, dimensions, and any identification numbers or marks.

(A) The lessor's name and mailing address;

(B) The lessee's name and last known mailing address;

(C) The lienholder's name and mailing address;

(D) The street address or physical location of the manufactured home or mobile home;

(E) The monthly lease payment amount;

(F) The serial number of the manufactured home or mobile home; and

(G) A description of the manufactured home or mobile home, including the make, model, year, dimensions, and any identification numbers or marks.

(3) In the notice required in subdivision (b)(1) of this section, the lessor shall notify the lienholder that unless the manufactured home or mobile home is removed from the leased site within thirty (30) days from the date the lienholder receives the notice, the manufactured home or mobile home shall be subject to a lien in favor of the lessor for the payment of all lease or rental payments accruing from the date the lienholder received the notice.

(c) (1) Unless the lienholder is prevented by law from removing the manufactured home or mobile home, the lienholder has thirty (30) days to remove the manufactured home or mobile home before the lienholder shall be held responsible for lease or rental payments accruing from the date the lienholder received the notice. (2) If the lienholder fails to remove the manufactured home or mobile home within thirty (30) days, the manufactured home or mobile home shall be subject to a lien in favor of the lessor for the payment of all lease or rental payments beginning on the date that the notice is received by the lienholder in an amount equal to the monthly lease or rental payments contained in the notice.

(1) Unless the lienholder is prevented by law from removing the manufactured home or mobile home, the lienholder has thirty (30) days to remove the manufactured home or mobile home before the lienholder shall be held responsible for lease or rental payments accruing from the date the lienholder received the notice.

(2) If the lienholder fails to remove the manufactured home or mobile home within thirty (30) days, the manufactured home or mobile home shall be subject to a lien in favor of the lessor for the payment of all lease or rental payments beginning on the date that the notice is received by the lienholder in an amount equal to the monthly lease or rental payments contained in the notice.

(d) Nothing in this section shall obligate the lienholder for any lease or rental payments owed while the lessee occupied the manufactured home or mobile home or any other lease or rental payments due prior to the notification of the lienholder, as required by subsection (b) of this section.

(e) Nothing in this section shall prevent the lessor from holding the lessee responsible for any unpaid lease or rental payments.

Acts 2005, No. 2228, § 1.
Ark. Code Ann. § 18-60-701 — AR Code / Title 18 / Chapter 60 / Subchapter 7 / Section 18-60-701
Proceedings against railroads, their successors and assigns
Status: in_force

Any person owning land that is wild and unimproved or land that is in the actual possession of himself or herself or those claiming under him or her which has, at any time, been deeded, granted, donated, or subscribed to any railroad under the provisions of an act of the General Assembly entitled, "An act in aid of internal improvement", approved April 8, 1869, or acts amendatory and supplemental thereto, or land that is claimed to have been, at any time, deeded, granted, donated, or subscribed to any railroad under the provisions of those acts, may have his or her title thereto confirmed and quieted as against the railroad, its successors and assigns, and as against any persons so deeding or claiming to have deeded, granted, donated, or subscribed the land, or their heirs and assigns, and any and all persons claiming by, through, or under them, or either of them, by proceeding in the manner provided in this subchapter. Acts 1911, No. 267, § 1; C. & M. Dig., § 8374; Pope's Dig., § 10970; A.S.A. 1947, § 34-1913.

Any person owning land that is wild and unimproved or land that is in the actual possession of himself or herself or those claiming under him or her which has, at any time, been deeded, granted, donated, or subscribed to any railroad under the provisions of an act of the General Assembly entitled, "An act in aid of internal improvement", approved April 8, 1869, or acts amendatory and supplemental thereto, or land that is claimed to have been, at any time, deeded, granted, donated, or subscribed to any railroad under the provisions of those acts, may have his or her title thereto confirmed and quieted as against the railroad, its successors and assigns, and as against any persons so deeding or claiming to have deeded, granted, donated, or subscribed the land, or their heirs and assigns, and any and all persons claiming by, through, or under them, or either of them, by proceeding in the manner provided in this subchapter.

Acts 1911, No. 267, § 1; C. & M. Dig., § 8374; Pope's Dig., § 10970; A.S.A. 1947, § 34-1913.
Ark. Code Ann. § 18-50-108 — AR Code / Title 18 / Chapter 50 / Section 18-50-108
Effect of sale
Status: in_force

(a) (1) A sale made by a mortgagee or trustee shall foreclose and terminate all interest in the trust property of all persons to whom notice is given under § 18-50-104 and of any other person claiming by, through, or under the person. A failure to give notice to any person entitled to notice shall not affect the validity of the sale as to persons notified. (2) A person entitled to notice, but not given notice, shall have the rights of a person not made a defendant in a judicial foreclosure. (b) A sale shall terminate all rights of redemption, and no person shall have a right to redeem the trust property after a sale, notwithstanding that the deed to and possession of the trust property have yet to be delivered. (c) (1) No notice shall be required to be given to any person claiming an interest subsequent to the filing of the notice of default and intention to sell as set forth in § 18-50-104 . (2) The filing of the notice of default and intention to sell shall have the same force and effect as the filing of a lis pendens in a judicial proceeding. Acts 1987, No. 53, § 8; 1999, No. 983, § 8.

(a) (1) A sale made by a mortgagee or trustee shall foreclose and terminate all interest in the trust property of all persons to whom notice is given under § 18-50-104 and of any other person claiming by, through, or under the person. A failure to give notice to any person entitled to notice shall not affect the validity of the sale as to persons notified. (2) A person entitled to notice, but not given notice, shall have the rights of a person not made a defendant in a judicial foreclosure.

(1) A sale made by a mortgagee or trustee shall foreclose and terminate all interest in the trust property of all persons to whom notice is given under § 18-50-104 and of any other person claiming by, through, or under the person. A failure to give notice to any person entitled to notice shall not affect the validity of the sale as to persons notified.

(2) A person entitled to notice, but not given notice, shall have the rights of a person not made a defendant in a judicial foreclosure.

(b) A sale shall terminate all rights of redemption, and no person shall have a right to redeem the trust property after a sale, notwithstanding that the deed to and possession of the trust property have yet to be delivered.

(c) (1) No notice shall be required to be given to any person claiming an interest subsequent to the filing of the notice of default and intention to sell as set forth in § 18-50-104 . (2) The filing of the notice of default and intention to sell shall have the same force and effect as the filing of a lis pendens in a judicial proceeding.

(1) No notice shall be required to be given to any person claiming an interest subsequent to the filing of the notice of default and intention to sell as set forth in § 18-50-104 .

(2) The filing of the notice of default and intention to sell shall have the same force and effect as the filing of a lis pendens in a judicial proceeding.

Acts 1987, No. 53, § 8; 1999, No. 983, § 8.
Ark. Code Ann. § 18-60-306 — AR Code / Title 18 / Chapter 60 / Subchapter 3 / Section 18-60-306
Jurisdiction - Definition
Status: in_force

(a) Forcible entries and detainers and unlawful detainers are cognizable before the: (1) Circuit court of any county in which the offenses may be 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. (b) 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 1981, No. 615, § 6; A.S.A. 1947, § 34-1506; Acts 2007, No. 535, § 1.

(a) Forcible entries and detainers and unlawful detainers are cognizable before the: (1) Circuit court of any county in which the offenses may be 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 the offenses may be 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.

(b) 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 1981, No. 615, § 6; A.S.A. 1947, § 34-1506; Acts 2007, No. 535, § 1.
Ark. Code Ann. § 18-46-114 — AR Code / Title 18 / Chapter 46 / Section 18-46-114
Release on satisfaction or waiver of lien required
Status: in_force

(a) If a lien has been satisfied or waived, the practitioner, nurse, hospital, or ambulance service provider that established or waived it shall, on written demand and at the expense of the patient, or the person by whom the patient was injured, or by the insurer obligated by reason of the injury, give a written release acknowledged before a notary public. (b) (1) Any practitioner, nurse, hospital, or ambulance service provider that refuses or fails under the circumstances stated, for a period of five (5) days or more after a written demand is made for a release, to execute and deliver the release is liable to the demandant for injury or damage that results from refusal or failure. (2) He or she shall forfeit to the demandant the sum of twenty-five dollars ($25.00), which may be recovered in an action for damages because of the failure, or in a civil action before a court having jurisdiction, as the circumstances of the case require. Amended by Act 2017, No. 757,§ 8, eff. 8/1/2017. Acts 1933, No. 130, § 9; Pope's Dig., §§ 7997, 10826; A.S.A. 1947, § 51-809; Acts 1993, No. 271, § 12.

(a) If a lien has been satisfied or waived, the practitioner, nurse, hospital, or ambulance service provider that established or waived it shall, on written demand and at the expense of the patient, or the person by whom the patient was injured, or by the insurer obligated by reason of the injury, give a written release acknowledged before a notary public.

(b) (1) Any practitioner, nurse, hospital, or ambulance service provider that refuses or fails under the circumstances stated, for a period of five (5) days or more after a written demand is made for a release, to execute and deliver the release is liable to the demandant for injury or damage that results from refusal or failure. (2) He or she shall forfeit to the demandant the sum of twenty-five dollars ($25.00), which may be recovered in an action for damages because of the failure, or in a civil action before a court having jurisdiction, as the circumstances of the case require.

(1) Any practitioner, nurse, hospital, or ambulance service provider that refuses or fails under the circumstances stated, for a period of five (5) days or more after a written demand is made for a release, to execute and deliver the release is liable to the demandant for injury or damage that results from refusal or failure.

(2) He or she shall forfeit to the demandant the sum of twenty-five dollars ($25.00), which may be recovered in an action for damages because of the failure, or in a civil action before a court having jurisdiction, as the circumstances of the case require.

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

Acts 1933, No. 130, § 9; Pope's Dig., §§ 7997, 10826; A.S.A. 1947, § 51-809; Acts 1993, No. 271, § 12.
Ark. Code Ann. § 18-43-114 — AR Code / Title 18 / Chapter 43 / Section 18-43-114
Pro rata distribution
Status: in_force

(a) When there are several liens for labor on the same land, crop, or property of the same date, or which are equally just, and not enough to satisfy all claims, the sale will be made, the costs paid, and the money divided pro rata among the several claimants. (b) The courts shall make the pro rata division as provided for in subsection (a) of this section and shall make the proper credits on the execution. Acts 1868, No. 64, §§ 12, 13, p. 224; C. & M. Dig., §§ 6857, 6858; Pope's Dig., §§ 8813, 8814; A.S.A. 1947, §§ 51-310, 51-311.

(a) When there are several liens for labor on the same land, crop, or property of the same date, or which are equally just, and not enough to satisfy all claims, the sale will be made, the costs paid, and the money divided pro rata among the several claimants.

(b) The courts shall make the pro rata division as provided for in subsection (a) of this section and shall make the proper credits on the execution.

Acts 1868, No. 64, §§ 12, 13, p. 224; C. & M. Dig., §§ 6857, 6858; Pope's Dig., §§ 8813, 8814; A.S.A. 1947, §§ 51-310, 51-311.
Ark. Code Ann. § 18-17-302 — AR Code / Title 18 / Chapter 17 / Subchapter 3 / Section 18-17-302
Obligation of good faith
Status: in_force

Every duty under this chapter and every act that shall be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performances or enforcement. Acts 2007, No. 1004, § 1.

Every duty under this chapter and every act that shall be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performances or enforcement.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-28-225 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-225
Agreement to locate property
Status: in_force

(a) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property that is presumed abandoned is void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is twenty-four (24) months after the date the property is paid or delivered to the administrator. This subsection does not apply to an owner's agreement with an attorney to file a claim as to identified property or contest the administrator's denial of a claim. (b) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property is enforceable only if the agreement is in writing, provides for a fee of not more than ten percent (10%) of the recovery, clearly sets forth the nature of the property and the services to be rendered, is signed by the apparent owner, and states the value of the property before and after the fee or other compensation has been deducted. (c) If an agreement covered by this section applies to mineral proceeds and the agreement contains a provision to pay compensation that includes a portion of the underlying minerals or any mineral proceeds not then presumed abandoned, the provision is void and unenforceable. (d) An agreement covered by this section which provides for compensation that is unconscionable is unenforceable except by the owner. An owner who has agreed to pay compensation that is unconscionable, or the administrator on behalf of the owner, may maintain an action to reduce the compensation to a conscionable amount. The court may award reasonable attorney's fees to an owner who prevails in the action. (e) This section does not preclude an owner from asserting that an agreement covered by this section is invalid on grounds other than unconscionable compensation. Acts 1999, No. 850, § 25.

(a) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property that is presumed abandoned is void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is twenty-four (24) months after the date the property is paid or delivered to the administrator. This subsection does not apply to an owner's agreement with an attorney to file a claim as to identified property or contest the administrator's denial of a claim.

(b) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property is enforceable only if the agreement is in writing, provides for a fee of not more than ten percent (10%) of the recovery, clearly sets forth the nature of the property and the services to be rendered, is signed by the apparent owner, and states the value of the property before and after the fee or other compensation has been deducted.

(c) If an agreement covered by this section applies to mineral proceeds and the agreement contains a provision to pay compensation that includes a portion of the underlying minerals or any mineral proceeds not then presumed abandoned, the provision is void and unenforceable.

(d) An agreement covered by this section which provides for compensation that is unconscionable is unenforceable except by the owner. An owner who has agreed to pay compensation that is unconscionable, or the administrator on behalf of the owner, may maintain an action to reduce the compensation to a conscionable amount. The court may award reasonable attorney's fees to an owner who prevails in the action.

(e) This section does not preclude an owner from asserting that an agreement covered by this section is invalid on grounds other than unconscionable compensation.

Acts 1999, No. 850, § 25.
Ark. Code Ann. § 18-11-101 — AR Code / Title 18 / Chapter 11 / Subchapter 1 / Section 18-11-101
Capacity of aliens to take and transfer lands
Status: in_force

(a) Except as provided in § 18-11-110 and § 18-11-801 et seq., all aliens shall be capable of taking, by deed or will, lands and tenements in fee simple, or other less estate, and of holding, aliening, and devising them. (b) Upon the death of any alien having title by purchase or descent, according to this section, to any lands or tenements, the lands and tenements shall descend and pass as if the alien were a citizen of the United States. (c) It shall be no objection to the husband, widow, or kindred of an alien, or any citizen deceased, taking lands and tenements by virtue of the laws of this state regulating the distribution of estates of intestates, that they are aliens. Amended by Act 2023, No. 636,§ 1, eff. 8/1/2023. Rev. Stat., ch. 7, § 1; Acts 1874, No. 16, § 1, p. 60; C. & M. Dig., § 258; Pope's Dig., § 272; A.S.A. 1947, § 50-301.

(a) Except as provided in § 18-11-110 and § 18-11-801 et seq., all aliens shall be capable of taking, by deed or will, lands and tenements in fee simple, or other less estate, and of holding, aliening, and devising them.

(b) Upon the death of any alien having title by purchase or descent, according to this section, to any lands or tenements, the lands and tenements shall descend and pass as if the alien were a citizen of the United States.

(c) It shall be no objection to the husband, widow, or kindred of an alien, or any citizen deceased, taking lands and tenements by virtue of the laws of this state regulating the distribution of estates of intestates, that they are aliens.

Amended by Act 2023, No. 636,§ 1, eff. 8/1/2023.

Rev. Stat., ch. 7, § 1; Acts 1874, No. 16, § 1, p. 60; C. & M. Dig., § 258; Pope's Dig., § 272; A.S.A. 1947, § 50-301.
Ark. Code Ann. § 18-60-805 — AR Code / Title 18 / Chapter 60 / Subchapter 8 / Section 18-60-805
Notice of hearing
Status: in_force

(a) The order to appear and show cause why the order of delivery should not be issued shall permit a reasonable time for the party against whom it is directed to appear. It shall state the place and time the hearing shall be held. (b) (1) (A) If served at the same time the summons and complaint are served, it may state with generality the nature of the action, the purpose of the hearing, and the consequences of nonappearance. (B) If served after the summons and complaint, and separately therefrom, it shall refer to the complaint and, in addition to the foregoing, specifically describe the property to be seized if the petition is granted. (2) In either event, the order shall inform the party against whom it is directed that civil and criminal penalties may be assessed if the property is willfully damaged, concealed, or removed from the court's jurisdiction, or if the party refuses to release the property to the officer designated to serve the order of delivery. Acts 1973, No. 144, § 2; A.S.A. 1947, § 34-2120.

(a) The order to appear and show cause why the order of delivery should not be issued shall permit a reasonable time for the party against whom it is directed to appear. It shall state the place and time the hearing shall be held.

(b) (1) (A) If served at the same time the summons and complaint are served, it may state with generality the nature of the action, the purpose of the hearing, and the consequences of nonappearance. (B) If served after the summons and complaint, and separately therefrom, it shall refer to the complaint and, in addition to the foregoing, specifically describe the property to be seized if the petition is granted. (2) In either event, the order shall inform the party against whom it is directed that civil and criminal penalties may be assessed if the property is willfully damaged, concealed, or removed from the court's jurisdiction, or if the party refuses to release the property to the officer designated to serve the order of delivery.

(1) (A) If served at the same time the summons and complaint are served, it may state with generality the nature of the action, the purpose of the hearing, and the consequences of nonappearance. (B) If served after the summons and complaint, and separately therefrom, it shall refer to the complaint and, in addition to the foregoing, specifically describe the property to be seized if the petition is granted.

(A) If served at the same time the summons and complaint are served, it may state with generality the nature of the action, the purpose of the hearing, and the consequences of nonappearance.

(B) If served after the summons and complaint, and separately therefrom, it shall refer to the complaint and, in addition to the foregoing, specifically describe the property to be seized if the petition is granted.

(2) In either event, the order shall inform the party against whom it is directed that civil and criminal penalties may be assessed if the property is willfully damaged, concealed, or removed from the court's jurisdiction, or if the party refuses to release the property to the officer designated to serve the order of delivery.

Acts 1973, No. 144, § 2; A.S.A. 1947, § 34-2120.
Ark. Code Ann. § 18-15-903 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-903
Landing and cotton yard
Status: in_force

(a) Any five (5) or more freeholders residing in any county bordering on the Mississippi River or any other navigable river, bayou, bay, or inlet may petition the county court of that county to cause a lot of ground on the bank of the river, bayou, bay, or inlet to be designated and set apart as a steamboat landing and cotton yard for the use of the public, stating in the petition the name of the owner of the landing proposed to be so taken. (b) Any one (1) or more of the signers to the petition shall enter bond, with sufficient security, payable to the State of Arkansas for the use of the county, conditioned that the person or persons making application for the establishment of a public landing shall pay into the treasury of the county the amount of all costs and expenses accruing on the petition and the proceedings thereon. (c) (1) In cases in which the prayer of the petitioners shall not be granted or when proceedings had in pursuance thereof shall not be finally confirmed and established, and on neglect or refusal of the persons so bound, after a liability shall have accrued, to pay into the treasury, according to the tenor of the bond, all costs and expenses that shall have accrued, the clerk of the county court shall deliver the bond to the prosecuting attorney of the district, whose duty it shall be to collect and pay over the bond to the county treasury. (2) In all cases of contest, the court having jurisdiction of the case shall have power to render judgment for costs according to justice between the parties. Acts 1909, No. 307, § 2, p. 916; C. & M. Dig., § 4059; Pope's Dig., § 5062; A.S.A. 1947, § 35-1002.

(a) Any five (5) or more freeholders residing in any county bordering on the Mississippi River or any other navigable river, bayou, bay, or inlet may petition the county court of that county to cause a lot of ground on the bank of the river, bayou, bay, or inlet to be designated and set apart as a steamboat landing and cotton yard for the use of the public, stating in the petition the name of the owner of the landing proposed to be so taken.

(b) Any one (1) or more of the signers to the petition shall enter bond, with sufficient security, payable to the State of Arkansas for the use of the county, conditioned that the person or persons making application for the establishment of a public landing shall pay into the treasury of the county the amount of all costs and expenses accruing on the petition and the proceedings thereon.

(c) (1) In cases in which the prayer of the petitioners shall not be granted or when proceedings had in pursuance thereof shall not be finally confirmed and established, and on neglect or refusal of the persons so bound, after a liability shall have accrued, to pay into the treasury, according to the tenor of the bond, all costs and expenses that shall have accrued, the clerk of the county court shall deliver the bond to the prosecuting attorney of the district, whose duty it shall be to collect and pay over the bond to the county treasury. (2) In all cases of contest, the court having jurisdiction of the case shall have power to render judgment for costs according to justice between the parties.

(1) In cases in which the prayer of the petitioners shall not be granted or when proceedings had in pursuance thereof shall not be finally confirmed and established, and on neglect or refusal of the persons so bound, after a liability shall have accrued, to pay into the treasury, according to the tenor of the bond, all costs and expenses that shall have accrued, the clerk of the county court shall deliver the bond to the prosecuting attorney of the district, whose duty it shall be to collect and pay over the bond to the county treasury.

(2) In all cases of contest, the court having jurisdiction of the case shall have power to render judgment for costs according to justice between the parties.

Acts 1909, No. 307, § 2, p. 916; C. & M. Dig., § 4059; Pope's Dig., § 5062; A.S.A. 1947, § 35-1002.
Ark. Code Ann. § 18-42-110 — AR Code / Title 18 / Chapter 42 / Section 18-42-110
Lien of employer on crop when no written contract
Status: in_force

(a) When no written contract is made under this chapter, the employer shall have a lien upon that portion of the crop going to the employee for any debt incident to making and gathering the crop owing to the employer by the employee without any necessity for recording any contract of writing giving the lien. (b) (1) In such case, no mortgage or conveyance of any part of the crop made by the person cultivating the land of another shall have validity unless made with the consent of the employer or owner of the land or crop, and the consent must be endorsed upon the mortgage or conveyance. (2) However, no endorsement shall bind the party making it to pay the debt unless expressly so stipulated. Acts 1883, No. 96, § 9, p. 176; C. & M. Dig., § 6888; Pope's Dig., § 8844; A.S.A. 1947, § 51-510.

(a) When no written contract is made under this chapter, the employer shall have a lien upon that portion of the crop going to the employee for any debt incident to making and gathering the crop owing to the employer by the employee without any necessity for recording any contract of writing giving the lien.

(b) (1) In such case, no mortgage or conveyance of any part of the crop made by the person cultivating the land of another shall have validity unless made with the consent of the employer or owner of the land or crop, and the consent must be endorsed upon the mortgage or conveyance. (2) However, no endorsement shall bind the party making it to pay the debt unless expressly so stipulated.

(1) In such case, no mortgage or conveyance of any part of the crop made by the person cultivating the land of another shall have validity unless made with the consent of the employer or owner of the land or crop, and the consent must be endorsed upon the mortgage or conveyance.

(2) However, no endorsement shall bind the party making it to pay the debt unless expressly so stipulated.

Acts 1883, No. 96, § 9, p. 176; C. & M. Dig., § 6888; Pope's Dig., § 8844; A.S.A. 1947, § 51-510.
Ark. Code Ann. § 18-17-401 — AR Code / Title 18 / Chapter 17 / Subchapter 4 / Section 18-17-401
Terms and conditions of rental agreement
Status: in_force

(a) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including, but not limited to, rent, term of the agreement, and other provisions governing the rights and obligations of the parties. (b) (1) Rent is payable without demand or notice at the time and place agreed upon by the parties. (2) Unless the tenant is otherwise notified in writing, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month. (c) Unless the rental agreement fixes a definite term, the tenancy is week to week in case of a roomer who pays weekly rent and in all other cases month to month. Acts 2007, No. 1004, § 1.

(a) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including, but not limited to, rent, term of the agreement, and other provisions governing the rights and obligations of the parties.

(b) (1) Rent is payable without demand or notice at the time and place agreed upon by the parties. (2) Unless the tenant is otherwise notified in writing, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month.

(1) Rent is payable without demand or notice at the time and place agreed upon by the parties.

(2) Unless the tenant is otherwise notified in writing, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month.

(c) Unless the rental agreement fixes a definite term, the tenancy is week to week in case of a roomer who pays weekly rent and in all other cases month to month.

Acts 2007, No. 1004, § 1.
Ark. Code Ann. § 18-15-1407 — AR Code / Title 18 / Chapter 15 / Subchapter 14 / Section 18-15-1407
Costs
Status: in_force

The cost of the condemnation proceedings provided for in this subchapter shall be paid by the city or town, cemetery or burial association, or persons owning land used for public burial purposes instituting the condemnation proceeding, except costs of review or appeal or any other proceeding taken by the owner of the property after the assessment of compensation is made by the jury as provided for in this subchapter. Acts 1935, No. 163, § 7; Pope's Dig., § 9971; A.S.A. 1947, § 35-807.

The cost of the condemnation proceedings provided for in this subchapter shall be paid by the city or town, cemetery or burial association, or persons owning land used for public burial purposes instituting the condemnation proceeding, except costs of review or appeal or any other proceeding taken by the owner of the property after the assessment of compensation is made by the jury as provided for in this subchapter.

Acts 1935, No. 163, § 7; Pope's Dig., § 9971; A.S.A. 1947, § 35-807.
Ark. Code Ann. § 18-60-212 — AR Code / Title 18 / Chapter 60 / Subchapter 2 / Section 18-60-212
Recovery of lands held under tax title
Status: in_force

(a) No action for the recovery of any lands or for the possession thereof against any person, or his or her heirs or assigns, who may hold such lands by virtue of a purchase thereof at a sale by the collector or Commissioner of State Lands, for the nonpayment of taxes, or who may have purchased them from the state by virtue of any act providing for the sale of lands forfeited to the state or the nonpayment of taxes, or who may hold the land under a donation deed from the state, shall be maintained unless it appears that the plaintiff, his or her ancestors, predecessors, or grantors were seized or possessed of the lands in question within two (2) years next before the commencement of the action. (b) This section shall not apply to lands which have been sold to any improvement district of any kind or character for taxes due the districts nor to any taxes due any improvement districts, but the lien of the taxes shall continue until paid. (c) The person, or his or her heirs or assigns, claiming any land mentioned in subsection (a) of this section shall, before the issuing of any writ, file in the office of the clerk of the proper court an affidavit setting forth that the claimant has tendered to the purchaser or purchasers thereof, or his or her agent or legal representative, the full amount of all taxes and costs first paid on account of the lands, with interest thereon at the rate of one hundred percent (100%) upon the amount first paid for the lands and twenty-five percent (25%) upon all costs and taxes paid upon the land thereafter, from the time the costs and taxes were paid, and also the full value of all improvements of whatever kind and description made on the lands, by the purchaser or purchasers, his or her heirs or assigns, or tenants, and that it has been refused. (d) If any action shall be brought in any court of record in this state against any purchaser, or his or her heirs or assigns, holding any lands as specified in subsection (a) of this section, and it shall appear to the satisfaction of the court that no affidavit, as required in subsection (c) of this section, was filed previous to the commencement thereof, it shall be the duty of the court to dismiss the action at the cost of the plaintiff. (e) If judgment shall be given against any purchaser, or his or her heirs or assigns who hold any lands as provided for in subsection (a) of this section in favor of any person claiming them, no matter by what manner of title, the judgment shall only be for the possession of the premises in question, and damages shall be assessed in favor of the defendant for the full amount of all taxes, costs, and interest provided for in subsection (c) of this section, together with the full value of all improvements of whatever kind and description made thereon, for which judgment shall be entered in favor of the defendant, and it shall be a lien upon the lands until satisfied. Acts 1857, §§ 1-4, p. 80; C. & M. Dig., §§ 3708-3710, 6947; Pope's Dig., §§ 4663-4665, 8925; Acts 1945, No. 82, § 2; A.S.A. 1947, §§ 34-1419 -- 34-1422.

(a) No action for the recovery of any lands or for the possession thereof against any person, or his or her heirs or assigns, who may hold such lands by virtue of a purchase thereof at a sale by the collector or Commissioner of State Lands, for the nonpayment of taxes, or who may have purchased them from the state by virtue of any act providing for the sale of lands forfeited to the state or the nonpayment of taxes, or who may hold the land under a donation deed from the state, shall be maintained unless it appears that the plaintiff, his or her ancestors, predecessors, or grantors were seized or possessed of the lands in question within two (2) years next before the commencement of the action.

(b) This section shall not apply to lands which have been sold to any improvement district of any kind or character for taxes due the districts nor to any taxes due any improvement districts, but the lien of the taxes shall continue until paid.

(c) The person, or his or her heirs or assigns, claiming any land mentioned in subsection (a) of this section shall, before the issuing of any writ, file in the office of the clerk of the proper court an affidavit setting forth that the claimant has tendered to the purchaser or purchasers thereof, or his or her agent or legal representative, the full amount of all taxes and costs first paid on account of the lands, with interest thereon at the rate of one hundred percent (100%) upon the amount first paid for the lands and twenty-five percent (25%) upon all costs and taxes paid upon the land thereafter, from the time the costs and taxes were paid, and also the full value of all improvements of whatever kind and description made on the lands, by the purchaser or purchasers, his or her heirs or assigns, or tenants, and that it has been refused.

(d) If any action shall be brought in any court of record in this state against any purchaser, or his or her heirs or assigns, holding any lands as specified in subsection (a) of this section, and it shall appear to the satisfaction of the court that no affidavit, as required in subsection (c) of this section, was filed previous to the commencement thereof, it shall be the duty of the court to dismiss the action at the cost of the plaintiff.

(e) If judgment shall be given against any purchaser, or his or her heirs or assigns who hold any lands as provided for in subsection (a) of this section in favor of any person claiming them, no matter by what manner of title, the judgment shall only be for the possession of the premises in question, and damages shall be assessed in favor of the defendant for the full amount of all taxes, costs, and interest provided for in subsection (c) of this section, together with the full value of all improvements of whatever kind and description made thereon, for which judgment shall be entered in favor of the defendant, and it shall be a lien upon the lands until satisfied.

Acts 1857, §§ 1-4, p. 80; C. & M. Dig., §§ 3708-3710, 6947; Pope's Dig., §§ 4663-4665, 8925; Acts 1945, No. 82, § 2; A.S.A. 1947, §§ 34-1419 -- 34-1422.
Ark. Code Ann. § 18-28-221 — AR Code / Title 18 / Chapter 28 / Subchapter 2 / Section 18-28-221
Retention of records
Status: in_force

(a) Except as otherwise provided in subsection (b), a holder required to file a report under § 18-28-207 shall maintain the records containing the information required to be included in the report for ten (10) years after the holder files the report, unless a shorter period is provided by rule of the administrator. (b) A business association or financial organization that sells, issues, or provides to others for sale or issue in this state, traveler's checks, money orders, or similar instruments other than third-party bank checks, on which the business association or financial organization is directly liable, shall maintain a record of the instruments while they remain outstanding, indicating the state and date of issue, for three (3) years after the holder files the report. Acts 1999, No. 850, § 21.

(a) Except as otherwise provided in subsection (b), a holder required to file a report under § 18-28-207 shall maintain the records containing the information required to be included in the report for ten (10) years after the holder files the report, unless a shorter period is provided by rule of the administrator.

(b) A business association or financial organization that sells, issues, or provides to others for sale or issue in this state, traveler's checks, money orders, or similar instruments other than third-party bank checks, on which the business association or financial organization is directly liable, shall maintain a record of the instruments while they remain outstanding, indicating the state and date of issue, for three (3) years after the holder files the report.

Acts 1999, No. 850, § 21.
Ark. Code Ann. § 18-15-607 — AR Code / Title 18 / Chapter 15 / Subchapter 6 / Section 18-15-607
Tapping of mains and supply pipes, nuisance, and pollution prohibited
Status: in_force

A person shall be guilty of a violation and fined for each and every offense in any sum not exceeding one thousand dollars ($1,000) if the person shall: (1) Tap the main or supply pipe of any water plant or company without first obtaining the permission of the proper city authorities, corporation, or owner of the water plant; (2) Commit nuisance in or near the impounding dam or reservoir of any water plant; or (3) Pollute the water or affect its wholesome qualities. Acts 1895, No. 126, § 7, p. 183; C. & M. Dig., § 4040; Pope's Dig., § 5042; A.S.A. 1947, § 35-407; Acts 1997, No. 315, § 1; 2005, No. 1994, § 93.

A person shall be guilty of a violation and fined for each and every offense in any sum not exceeding one thousand dollars ($1,000) if the person shall:

(1) Tap the main or supply pipe of any water plant or company without first obtaining the permission of the proper city authorities, corporation, or owner of the water plant;

(2) Commit nuisance in or near the impounding dam or reservoir of any water plant; or

(3) Pollute the water or affect its wholesome qualities.

Acts 1895, No. 126, § 7, p. 183; C. & M. Dig., § 4040; Pope's Dig., § 5042; A.S.A. 1947, § 35-407; Acts 1997, No. 315, § 1; 2005, No. 1994, § 93.
Ark. Code Ann. § 18-60-511 — AR Code / Title 18 / Chapter 60 / Subchapter 5 / Section 18-60-511
Costs
Status: in_force

The costs of the proceedings shall be adjudged against the petitioner if there is no other party to the proceedings, and otherwise the costs shall be adjudged according to the principles of equity. Acts 1899, No. 79, § 9, p. 133; C. & M. Dig., § 8372; Pope's Dig., § 10968; A.S.A. 1947, § 34-1911.

The costs of the proceedings shall be adjudged against the petitioner if there is no other party to the proceedings, and otherwise the costs shall be adjudged according to the principles of equity.

Acts 1899, No. 79, § 9, p. 133; C. & M. Dig., § 8372; Pope's Dig., § 10968; A.S.A. 1947, § 34-1911.
Ark. Code Ann. § 18-60-1005 — AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1005
Commissioners
Status: in_force

If the court appoints commissioners pursuant to § 18-60-401 et seq., each commissioner, in addition to the requirements and disqualifications applicable to commissioners in § 18-60-401 et seq., must be disinterested and impartial and not a party to or a participant in the action. Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

If the court appoints commissioners pursuant to § 18-60-401 et seq., each commissioner, in addition to the requirements and disqualifications applicable to commissioners in § 18-60-401 et seq., must be disinterested and impartial and not a party to or a participant in the action.

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Ark. Code Ann. § 18-13-113 — AR Code / Title 18 / Chapter 13 / Section 18-13-113
Types of joint ownership
Status: in_force

Any apartment may be held and owned by more than one (1) person as joint tenants, as tenants in common, as tenants by the entirety, or in any other real estate tenancy relationship recognized under the laws of this state. Acts 1961 (1st Ex. Sess.), No. 60, § 5; A.S.A. 1947, § 50-1005.

Any apartment may be held and owned by more than one (1) person as joint tenants, as tenants in common, as tenants by the entirety, or in any other real estate tenancy relationship recognized under the laws of this state.

Acts 1961 (1st Ex. Sess.), No. 60, § 5; A.S.A. 1947, § 50-1005.
Ark. Code Ann. § 18-13-103 — AR Code / Title 18 / Chapter 13 / Section 18-13-103
Establishment of horizontal property regimes
Status: in_force

Whenever a sole owner or the co-owners of a building already constructed or the owners of property upon which a building is to be constructed expressly declare, through the recordation of a master deed setting forth the particulars enumerated in § 18-13-104 , their desire to submit their property to the regime established by this chapter, there shall be established a horizontal property regime. Acts 1961 (1st Ex. Sess.), No. 60, § 3; 1975, No. 731, § 1; A.S.A. 1947, § 50-1003.

Whenever a sole owner or the co-owners of a building already constructed or the owners of property upon which a building is to be constructed expressly declare, through the recordation of a master deed setting forth the particulars enumerated in § 18-13-104 , their desire to submit their property to the regime established by this chapter, there shall be established a horizontal property regime.

Acts 1961 (1st Ex. Sess.), No. 60, § 3; 1975, No. 731, § 1; A.S.A. 1947, § 50-1003.
Ark. Code Ann. § 18-12-501 — AR Code / Title 18 / Chapter 12 / Subchapter 5 / Section 18-12-501
Acknowledgment and recording
Status: in_force

(a) A power of attorney, containing a power to convey real estate as agent or attorney for the owner of the real estate or to execute as agent or attorney for another person a deed or instrument in writing that conveys real estate, or whereby real estate is affected in law or equity, shall be acknowledged or proved and certified and recorded with a deed that the agent or attorney shall make as a result of the power of attorney. (b) A power of attorney shall be proved or acknowledged before the same courts or officers that are authorized by this act to take probate of deeds conveying real estate. Amended by Act 2021, No. 356,§ 1, eff. 7/28/2021. Rev. Stat., ch. 31, §§ 23, 24; C. & M. Dig., §§ 1527, 1528; Pope's Dig., §§ 1837, 1838; A.S.A. 1947, §§ 50-422, 50-423.

(a) A power of attorney, containing a power to convey real estate as agent or attorney for the owner of the real estate or to execute as agent or attorney for another person a deed or instrument in writing that conveys real estate, or whereby real estate is affected in law or equity, shall be acknowledged or proved and certified and recorded with a deed that the agent or attorney shall make as a result of the power of attorney.

(b) A power of attorney shall be proved or acknowledged before the same courts or officers that are authorized by this act to take probate of deeds conveying real estate.

Amended by Act 2021, No. 356,§ 1, eff. 7/28/2021.

Rev. Stat., ch. 31, §§ 23, 24; C. & M. Dig., §§ 1527, 1528; Pope's Dig., §§ 1837, 1838; A.S.A. 1947, §§ 50-422, 50-423.
Ark. Code Ann. § 18-15-401 — AR Code / Title 18 / Chapter 15 / Subchapter 4 / Section 18-15-401
Right to acquire property
Status: in_force

(a) A municipality operating a waterworks system under the provisions of this subchapter shall have the right to acquire any property useful for municipal waterworks purposes by following the eminent domain proceedings set forth in this subchapter. (b) A municipality's right of eminent domain shall be exercised by the operating authority of the municipal waterworks system. (c) This subchapter shall be cumulative to any other laws of eminent domain in favor of municipalities operating municipal waterworks systems. Acts 1957, No. 269, §§ 2, 14; A.S.A. 1947, §§ 35-908, 35-908n.

(a) A municipality operating a waterworks system under the provisions of this subchapter shall have the right to acquire any property useful for municipal waterworks purposes by following the eminent domain proceedings set forth in this subchapter.

(b) A municipality's right of eminent domain shall be exercised by the operating authority of the municipal waterworks system.

(c) This subchapter shall be cumulative to any other laws of eminent domain in favor of municipalities operating municipal waterworks systems.

Acts 1957, No. 269, §§ 2, 14; A.S.A. 1947, §§ 35-908, 35-908n.
Ark. Code Ann. § 18-15-1010 — AR Code / Title 18 / Chapter 15 / Subchapter 10 / Section 18-15-1010
Fees
Status: in_force

(a) The appraisers provided for in this section and §§ 18-15-1001 - 18-15-1009 shall be entitled to receive as compensation for viewing and appraising the land and property and making award of the damage therefor the sum of five dollars ($5.00) per day for each day in which the appraisers are actually engaged in this service. The sum shall be paid by the levee or drainage districts, as the case may be. (b) (1) In the event that there are exceptions filed to the award of any board or appraisers, the fees for conducting a trial of the cause shall be the same as are prescribed in ordinary proceedings in the common law court. (2) The fees shall be paid by the levee or drainage district in all cases in which the judgment of the circuit court is in excess of the award made by the appraisers. The landowners shall pay the cost accruing when the judgment of the circuit court does not exceed the amount awarded by the appraisers. Acts 1945, No. 177, §§ 6, 7; A.S.A. 1947, §§ 35-1106, 35-1107.

(a) The appraisers provided for in this section and §§ 18-15-1001 - 18-15-1009 shall be entitled to receive as compensation for viewing and appraising the land and property and making award of the damage therefor the sum of five dollars ($5.00) per day for each day in which the appraisers are actually engaged in this service. The sum shall be paid by the levee or drainage districts, as the case may be.

(b) (1) In the event that there are exceptions filed to the award of any board or appraisers, the fees for conducting a trial of the cause shall be the same as are prescribed in ordinary proceedings in the common law court. (2) The fees shall be paid by the levee or drainage district in all cases in which the judgment of the circuit court is in excess of the award made by the appraisers. The landowners shall pay the cost accruing when the judgment of the circuit court does not exceed the amount awarded by the appraisers.

(1) In the event that there are exceptions filed to the award of any board or appraisers, the fees for conducting a trial of the cause shall be the same as are prescribed in ordinary proceedings in the common law court.

(2) The fees shall be paid by the levee or drainage district in all cases in which the judgment of the circuit court is in excess of the award made by the appraisers. The landowners shall pay the cost accruing when the judgment of the circuit court does not exceed the amount awarded by the appraisers.

Acts 1945, No. 177, §§ 6, 7; A.S.A. 1947, §§ 35-1106, 35-1107.
Ark. Code Ann. § 18-60-509 — AR Code / Title 18 / Chapter 60 / Subchapter 5 / Section 18-60-509
Recording of decree
Status: in_force

A certified copy of any decree confirming title to real estate shall be entitled to record in the books kept for the record of deeds in the county in which the decree was granted. Acts 1899, No. 79, § 12, p. 133; C. & M. Dig., § 8373; Pope's Dig., § 10969; A.S.A. 1947, § 34-1912.

A certified copy of any decree confirming title to real estate shall be entitled to record in the books kept for the record of deeds in the county in which the decree was granted.

Acts 1899, No. 79, § 12, p. 133; C. & M. Dig., § 8373; Pope's Dig., § 10969; A.S.A. 1947, § 34-1912.
Ark. Code Ann. § 18-12-403 — AR Code / Title 18 / Chapter 12 / Subchapter 4 / Section 18-12-403
Conveyance, etc., of homestead
Status: in_force

No conveyance, mortgage, or other instrument affecting the homestead of any married person shall be of any validity, except for taxes, laborers' and mechanics' liens, and purchase money, unless his or her spouse joins in the execution of the instrument, or conveys by separate document, and acknowledges it. Acts 1887, No. 64, § 1, p. 90; C. & M. Dig., § 5542; Pope's Dig., § 7181; Acts 1981, No. 714, § 4; A.S.A. 1947, § 50-415; Acts 1993, No. 1164, § 1.

No conveyance, mortgage, or other instrument affecting the homestead of any married person shall be of any validity, except for taxes, laborers' and mechanics' liens, and purchase money, unless his or her spouse joins in the execution of the instrument, or conveys by separate document, and acknowledges it.

Acts 1887, No. 64, § 1, p. 90; C. & M. Dig., § 5542; Pope's Dig., § 7181; Acts 1981, No. 714, § 4; A.S.A. 1947, § 50-415; Acts 1993, No. 1164, § 1.
Ark. Code Ann. § 18-16-410 — AR Code / Title 18 / Chapter 16 / Subchapter 4 / Section 18-16-410
Limits on value of stored property
Status: in_force

If the rental agreement contains a specified limit on the value of property allowed to be stored in an occupant's storage space, the operator is not liable for a loss or damages to the property stored in the occupant's storage space that exceeds the specified limit. Added by Act 2013, No. 364,§ 3, eff. 8/16/2013.

If the rental agreement contains a specified limit on the value of property allowed to be stored in an occupant's storage space, the operator is not liable for a loss or damages to the property stored in the occupant's storage space that exceeds the specified limit.

Added by Act 2013, No. 364,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 18-60-424 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-424
Sale without commissioners
Status: in_force

The court may order a sale without the appointment of commissioners if the court determines from the evidence presented that there is no necessity for the appointment of commissioners. Rev. Stat., ch. 107, § 16; Acts 1983, No. 503, § 1; A.S.A. 1947, § 34-1815.

The court may order a sale without the appointment of commissioners if the court determines from the evidence presented that there is no necessity for the appointment of commissioners.

Rev. Stat., ch. 107, § 16; Acts 1983, No. 503, § 1; A.S.A. 1947, § 34-1815.
Ark. Code Ann. § 18-60-418 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-418
Costs
Status: in_force

The costs of the division shall be apportioned among the parties in the ratio of their interests, and the costs arising from any contest of fact or law shall be paid by the party adjudged to be in the wrong. Civil Code, § 547; C. & M. Dig., § 8110; Pope's Dig., § 10530; A.S.A. 1947, § 34-1824.

The costs of the division shall be apportioned among the parties in the ratio of their interests, and the costs arising from any contest of fact or law shall be paid by the party adjudged to be in the wrong.

Civil Code, § 547; C. & M. Dig., § 8110; Pope's Dig., § 10530; A.S.A. 1947, § 34-1824.
Ark. Code Ann. § 18-2-104 — AR Code / Title 18 / Chapter 2 / Section 18-2-104
Choice of interest
Status: in_force

The court shall determine the interest rate to be used upon the basis of the prevailing interest rates obtainable for investments. Acts 1981, No. 350, § 4; A.S.A. 1947, § 50-704.

The court shall determine the interest rate to be used upon the basis of the prevailing interest rates obtainable for investments.

Acts 1981, No. 350, § 4; A.S.A. 1947, § 50-704.
Ark. Code Ann. § 18-11-703 — AR Code / Title 18 / Chapter 11 / Subchapter 7 / Section 18-11-703
Scope - Exclusions
Status: in_force

(a) Except as otherwise provided in subsection (b), this subchapter applies to an easement established by express grant or reservation or by prescription, implication, necessity, estoppel, or other method. (b) This subchapter may not be used to relocate: (1) a public-utility easement, telecommunications easement, conservation easement, or negative easement; (2) an easement if the proposed location would encroach on an area of an estate burdened by a conservation easement or would interfere with the use or enjoyment of a public-utility easement, telecommunications easement, or an easement appurtenant to a conservation easement; (3) An easement used by the State Highway Commission for highway purposes; or (4) An easement or right-of-way held by a public entity. (c) This subchapter does not apply to relocation of an easement by consent. Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.

(a) Except as otherwise provided in subsection (b), this subchapter applies to an easement established by express grant or reservation or by prescription, implication, necessity, estoppel, or other method.

(b) This subchapter may not be used to relocate: (1) a public-utility easement, telecommunications easement, conservation easement, or negative easement; (2) an easement if the proposed location would encroach on an area of an estate burdened by a conservation easement or would interfere with the use or enjoyment of a public-utility easement, telecommunications easement, or an easement appurtenant to a conservation easement; (3) An easement used by the State Highway Commission for highway purposes; or (4) An easement or right-of-way held by a public entity.

(1) a public-utility easement, telecommunications easement, conservation easement, or negative easement;

(2) an easement if the proposed location would encroach on an area of an estate burdened by a conservation easement or would interfere with the use or enjoyment of a public-utility easement, telecommunications easement, or an easement appurtenant to a conservation easement;

(3) An easement used by the State Highway Commission for highway purposes; or

(4) An easement or right-of-way held by a public entity.

(c) This subchapter does not apply to relocation of an easement by consent.

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 18-15-1202 — AR Code / Title 18 / Chapter 15 / Subchapter 12 / Section 18-15-1202
Petition for condemnation
Status: in_force

(a) (1) Any railroad, telegraph, or telephone company, organized under the laws of this state, after having surveyed and located its lines of railroad, telegraph, or telephone, in all cases in which the companies fail to obtain the right-of-way over the property by agreement with the owner of the property through which the lines of railroad, telegraph, or telephone may be located, shall apply to the circuit court of the county in which the property is situated. (2) Application shall be made by petition to have the damages for the right-of-way assessed, giving the owner of the property at least ten (10) days' notice in writing by certified mail, return receipt requested, of the time and place where the petition will be heard. (b) (1) In case the property sought to be condemned for public use is owned by an individual or corporation and is located in more than one (1) county, the petition may be filed in a circuit court having jurisdiction in any county in which the whole or a part of the property is located. (2) Proceedings had in the circuit court shall apply to all property designated in the petition. (c) However, if the owner of the property is a nonresident of the state, an infant, or person of unsound mind, notice shall be given as follows: (1) (A) By publication in any newspaper in the county which is authorized by law to publish legal notices. (B) The notice shall be published for the same length of time as may be required in other civil causes; (2) If there is no such newspaper published in the county, then the publication shall be made in some newspaper designated by the circuit clerk, and one (1) written or printed notice thereof shall be posted on the door of the courthouse of the county; and (3) In writing by certified mail, return receipt requested, to the address of the owners of the property as it appears on the records in the office of the county sheriff or county tax assessor for the mailing of statements of taxes as provided in § 26-35-705 . (d) The petition shall, nearly as may be, describe the lands over which the road is located and for which damages are asked to be assessed, whether improved or unimproved, and be sworn to. Amended by Act 2021, No. 945,§ 3, eff. 7/28/2021. Acts 1873, No. 123, §§ 3, 5, p. 290; 1885, No. 107, § 13, p. 176; C. & M. Dig., §§ 3992-3994, 3996; Pope's Dig., §§ 4994-4996, 4998; A.S.A. 1947, §§ 35-201, 35-203; Acts 1999, No. 1236, § 2.

(a) (1) Any railroad, telegraph, or telephone company, organized under the laws of this state, after having surveyed and located its lines of railroad, telegraph, or telephone, in all cases in which the companies fail to obtain the right-of-way over the property by agreement with the owner of the property through which the lines of railroad, telegraph, or telephone may be located, shall apply to the circuit court of the county in which the property is situated. (2) Application shall be made by petition to have the damages for the right-of-way assessed, giving the owner of the property at least ten (10) days' notice in writing by certified mail, return receipt requested, of the time and place where the petition will be heard.

(1) Any railroad, telegraph, or telephone company, organized under the laws of this state, after having surveyed and located its lines of railroad, telegraph, or telephone, in all cases in which the companies fail to obtain the right-of-way over the property by agreement with the owner of the property through which the lines of railroad, telegraph, or telephone may be located, shall apply to the circuit court of the county in which the property is situated.

(2) Application shall be made by petition to have the damages for the right-of-way assessed, giving the owner of the property at least ten (10) days' notice in writing by certified mail, return receipt requested, of the time and place where the petition will be heard.

(b) (1) In case the property sought to be condemned for public use is owned by an individual or corporation and is located in more than one (1) county, the petition may be filed in a circuit court having jurisdiction in any county in which the whole or a part of the property is located. (2) Proceedings had in the circuit court shall apply to all property designated in the petition.

(1) In case the property sought to be condemned for public use is owned by an individual or corporation and is located in more than one (1) county, the petition may be filed in a circuit court having jurisdiction in any county in which the whole or a part of the property is located.

(2) Proceedings had in the circuit court shall apply to all property designated in the petition.

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

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

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

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

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

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

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

Amended by Act 2021, No. 945,§ 3, eff. 7/28/2021.

Acts 1873, No. 123, §§ 3, 5, p. 290; 1885, No. 107, § 13, p. 176; C. & M. Dig., §§ 3992-3994, 3996; Pope's Dig., §§ 4994-4996, 4998; A.S.A. 1947, §§ 35-201, 35-203; Acts 1999, No. 1236, § 2.
Ark. Code Ann. § 18-16-506 — AR Code / Title 18 / Chapter 16 / Subchapter 5 / Section 18-16-506
Written objection
Status: in_force

(a) If within five (5) days, excluding Sundays and legal holidays, following service of this summons, complaint, and notice seeking a writ of possession against the defendants named in the complaint the defendant or defendants have not filed a written objection to the claim for a writ of possession made by the plaintiff in his or her complaint, the clerk of the court shall immediately issue a writ of possession directed to the sheriff of the county or the police chief of the city commanding him or her to cause the defendant or defendants to vacate the property described in the complaint without delay, which the sheriff or police chief shall execute in the manner described in § 18-16-507 . (b) (1) If a written objection to the claim of the plaintiff for a writ of possession is filed by the defendant or defendants within five (5) days after the date of service of the notice, summons, and complaint as provided for in this section, the plaintiff shall obtain a date for the hearing of the plaintiff's demand for a writ of possession of the property described in the complaint after the defendant or defendants have timely answered the complaint. (2) (A) If a hearing described in subdivision (b)(1) of this section is required, at the hearing the plaintiff shall present evidence sufficient to make a prima facie case of the criminal activity that has been facilitated at the property described in the complaint. (B) The defendant or defendants shall be entitled to present evidence in rebuttal of the plaintiff's case. (3) If the court decides upon all the evidence that the plaintiff is entitled to a writ of possession under state law, then the court shall order the clerk of the court to immediately issue a writ of possession to the sheriff of the county or the police chief of the city to evict the defendant or defendants, as provided for in § 18-16-507 . Acts 2009, No. 464, § 1.

(a) If within five (5) days, excluding Sundays and legal holidays, following service of this summons, complaint, and notice seeking a writ of possession against the defendants named in the complaint the defendant or defendants have not filed a written objection to the claim for a writ of possession made by the plaintiff in his or her complaint, the clerk of the court shall immediately issue a writ of possession directed to the sheriff of the county or the police chief of the city commanding him or her to cause the defendant or defendants to vacate the property described in the complaint without delay, which the sheriff or police chief shall execute in the manner described in § 18-16-507 .

(b) (1) If a written objection to the claim of the plaintiff for a writ of possession is filed by the defendant or defendants within five (5) days after the date of service of the notice, summons, and complaint as provided for in this section, the plaintiff shall obtain a date for the hearing of the plaintiff's demand for a writ of possession of the property described in the complaint after the defendant or defendants have timely answered the complaint. (2) (A) If a hearing described in subdivision (b)(1) of this section is required, at the hearing the plaintiff shall present evidence sufficient to make a prima facie case of the criminal activity that has been facilitated at the property described in the complaint. (B) The defendant or defendants shall be entitled to present evidence in rebuttal of the plaintiff's case. (3) If the court decides upon all the evidence that the plaintiff is entitled to a writ of possession under state law, then the court shall order the clerk of the court to immediately issue a writ of possession to the sheriff of the county or the police chief of the city to evict the defendant or defendants, as provided for in § 18-16-507 .

(1) If a written objection to the claim of the plaintiff for a writ of possession is filed by the defendant or defendants within five (5) days after the date of service of the notice, summons, and complaint as provided for in this section, the plaintiff shall obtain a date for the hearing of the plaintiff's demand for a writ of possession of the property described in the complaint after the defendant or defendants have timely answered the complaint.

(2) (A) If a hearing described in subdivision (b)(1) of this section is required, at the hearing the plaintiff shall present evidence sufficient to make a prima facie case of the criminal activity that has been facilitated at the property described in the complaint. (B) The defendant or defendants shall be entitled to present evidence in rebuttal of the plaintiff's case.

(A) If a hearing described in subdivision (b)(1) of this section is required, at the hearing the plaintiff shall present evidence sufficient to make a prima facie case of the criminal activity that has been facilitated at the property described in the complaint.

(B) The defendant or defendants shall be entitled to present evidence in rebuttal of the plaintiff's case.

(3) If the court decides upon all the evidence that the plaintiff is entitled to a writ of possession under state law, then the court shall order the clerk of the court to immediately issue a writ of possession to the sheriff of the county or the police chief of the city to evict the defendant or defendants, as provided for in § 18-16-507 .

Acts 2009, No. 464, § 1.
Ark. Code Ann. § 18-12-604 — AR Code / Title 18 / Chapter 12 / Subchapter 6 / Section 18-12-604
Deed to trustee or agent
Status: in_force

(a) (1) The appearance of the words "trustee", "as trustee", or "agent" following the names of the grantee in any deed of conveyance of land executed, without other language showing a trust, shall not be deemed to give notice to, or put on inquiry, any person dealing with the land that a trust or agency exists or that there are other beneficiaries of the conveyance except the grantee named therein. (2) The conveyance shall vest the title to the land in the grantee. (b) A conveyance of land by the grantee, whether followed by the words "trustee", "as trustee", or "agent" or not, shall vest title in his or her grantee free from any claims of all persons or corporations. Acts 1919, No. 444, § 1; C. & M. Dig., § 1504; Pope's Dig., § 1813; A.S.A. 1947, § 50-412.

(a) (1) The appearance of the words "trustee", "as trustee", or "agent" following the names of the grantee in any deed of conveyance of land executed, without other language showing a trust, shall not be deemed to give notice to, or put on inquiry, any person dealing with the land that a trust or agency exists or that there are other beneficiaries of the conveyance except the grantee named therein. (2) The conveyance shall vest the title to the land in the grantee.

(1) The appearance of the words "trustee", "as trustee", or "agent" following the names of the grantee in any deed of conveyance of land executed, without other language showing a trust, shall not be deemed to give notice to, or put on inquiry, any person dealing with the land that a trust or agency exists or that there are other beneficiaries of the conveyance except the grantee named therein.

(2) The conveyance shall vest the title to the land in the grantee.

(b) A conveyance of land by the grantee, whether followed by the words "trustee", "as trustee", or "agent" or not, shall vest title in his or her grantee free from any claims of all persons or corporations.

Acts 1919, No. 444, § 1; C. & M. Dig., § 1504; Pope's Dig., § 1813; A.S.A. 1947, § 50-412.
Ark. Code Ann. § 18-15-915 — AR Code / Title 18 / Chapter 15 / Subchapter 9 / Section 18-15-915
Lease
Status: in_force

(a) The county court may lease a public landing for a term not exceeding three (3) years and the lessee shall transact there only a general receiving and forwarding business. (b) In case of a lease, the county court shall fix, with power to alter, the schedules of rates and charges for receiving and forwarding freight. The court shall require of the lessee a bond, payable to the county, in a penalty of not less than five hundred dollars ($500) as shall be proper, conditioned to observe the terms of the lease and to perform the duties imposed on the lessee by law. (c) (1) The lessee shall keep a schedule of rates conspicuously posted on the premises and shall allow all boats to land at the landing and to receive and discharge freight. (2) Any failure on the part of the lessee to comply with his or her duties as public landing keeper, or any overcharge of rates, shall subject the lessee and his or her sureties to a penalty of twenty dollars ($20.00) in favor of the party injured, to be recovered in any court having jurisdiction. (d) The lease provided in this section shall not abridge the right of any person to forward and receive his or her own freight at the public landing, free of charge. (e) Any funds arising from lease of public landings shall be paid into the county treasury and constitute a part of the public road fund for the road district wherein the landing is located. Acts 1909, No. 307, §§ 14, 19, p. 916; C. & M. Dig., §§ 4071, 4076; Pope's Dig., §§ 5074, 5079; A.S.A. 1947, §§ 35-1014, 35-1019.

(a) The county court may lease a public landing for a term not exceeding three (3) years and the lessee shall transact there only a general receiving and forwarding business.

(b) In case of a lease, the county court shall fix, with power to alter, the schedules of rates and charges for receiving and forwarding freight. The court shall require of the lessee a bond, payable to the county, in a penalty of not less than five hundred dollars ($500) as shall be proper, conditioned to observe the terms of the lease and to perform the duties imposed on the lessee by law.

(c) (1) The lessee shall keep a schedule of rates conspicuously posted on the premises and shall allow all boats to land at the landing and to receive and discharge freight. (2) Any failure on the part of the lessee to comply with his or her duties as public landing keeper, or any overcharge of rates, shall subject the lessee and his or her sureties to a penalty of twenty dollars ($20.00) in favor of the party injured, to be recovered in any court having jurisdiction.

(1) The lessee shall keep a schedule of rates conspicuously posted on the premises and shall allow all boats to land at the landing and to receive and discharge freight.

(2) Any failure on the part of the lessee to comply with his or her duties as public landing keeper, or any overcharge of rates, shall subject the lessee and his or her sureties to a penalty of twenty dollars ($20.00) in favor of the party injured, to be recovered in any court having jurisdiction.

(d) The lease provided in this section shall not abridge the right of any person to forward and receive his or her own freight at the public landing, free of charge.

(e) Any funds arising from lease of public landings shall be paid into the county treasury and constitute a part of the public road fund for the road district wherein the landing is located.

Acts 1909, No. 307, §§ 14, 19, p. 916; C. & M. Dig., §§ 4071, 4076; Pope's Dig., §§ 5074, 5079; A.S.A. 1947, §§ 35-1014, 35-1019.
Ark. Code Ann. § 18-16-301 — AR Code / Title 18 / Chapter 16 / Subchapter 3 / Section 18-16-301
Definitions
Status: in_force

As used in this subchapter: (1) "Dwelling unit" means a structure or the part of the structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household; (2) "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part; (3) "Owner" means one (1) or more persons, jointly or severally, in whom is vested: (A) All or part of the legal title to property; or (B) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. The term includes a mortgagor in possession; (4) "Person" means any individual, firm, partnership, corporation, association, or other organization; (5) "Premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant; (6) "Rent" means all payments to be made to the landlord under the rental agreement; (7) "Rental agreement" means all written or oral agreements and valid rules embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises; and (8) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. Amended by Act 2019, No. 315,§ 1688, eff. 7/24/2019. Acts 1979, No. 531, § 1; A.S.A. 1947, § 50-525.

As used in this subchapter:

(1) "Dwelling unit" means a structure or the part of the structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household;

(2) "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part;

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

(A) All or part of the legal title to property; or

(B) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. The term includes a mortgagor in possession;

(4) "Person" means any individual, firm, partnership, corporation, association, or other organization;

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

(6) "Rent" means all payments to be made to the landlord under the rental agreement;

(7) "Rental agreement" means all written or oral agreements and valid rules embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises; and

(8) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

Amended by Act 2019, No. 315,§ 1688, eff. 7/24/2019.

Acts 1979, No. 531, § 1; A.S.A. 1947, § 50-525.
Ark. Code Ann. § 18-15-1302 — AR Code / Title 18 / Chapter 15 / Subchapter 13 / Section 18-15-1302
Right to enter, survey, etc. - Plat or map
Status: in_force

(a) (1) Whenever a corporation desires to construct a pipeline or build a logging railway upon or under the lands of individuals, or right-of-way of any railroad, or any turnpike, the corporation, by its agents, shall have the right to enter peacefully upon the lands or rights-of-way and survey, locate, and lay out its pipeline, thereon, or tram road or logging road. (2) However, the corporation shall be liable for any damages that may result by reason of such acts. (b) The corporation shall designate on a plat or map to be made and filed with the county clerk of the county the width of the strip of land needed to be condemned for its purposes, the land's location, and the depth to which the pipes are to be laid. Acts 1905, No. 228, § 3, p. 577; C. & M. Dig., § 3971; Acts 1925, No. 103, § 2; Pope's Dig., § 4973; A.S.A. 1947, § 35-603.

(a) (1) Whenever a corporation desires to construct a pipeline or build a logging railway upon or under the lands of individuals, or right-of-way of any railroad, or any turnpike, the corporation, by its agents, shall have the right to enter peacefully upon the lands or rights-of-way and survey, locate, and lay out its pipeline, thereon, or tram road or logging road. (2) However, the corporation shall be liable for any damages that may result by reason of such acts.

(1) Whenever a corporation desires to construct a pipeline or build a logging railway upon or under the lands of individuals, or right-of-way of any railroad, or any turnpike, the corporation, by its agents, shall have the right to enter peacefully upon the lands or rights-of-way and survey, locate, and lay out its pipeline, thereon, or tram road or logging road.

(2) However, the corporation shall be liable for any damages that may result by reason of such acts.

(b) The corporation shall designate on a plat or map to be made and filed with the county clerk of the county the width of the strip of land needed to be condemned for its purposes, the land's location, and the depth to which the pipes are to be laid.

Acts 1905, No. 228, § 3, p. 577; C. & M. Dig., § 3971; Acts 1925, No. 103, § 2; Pope's Dig., § 4973; A.S.A. 1947, § 35-603.
Ark. Code Ann. § 18-60-309 — AR Code / Title 18 / Chapter 60 / Subchapter 3 / Section 18-60-309
Judgment for plaintiff - Assessment of damages - Writs of possession and restitution
Status: in_force

(a) If upon the trial of any action brought under this subchapter the finding or verdict is for the plaintiff, the court or jury trying it shall assess the amount to be recovered by the plaintiff for the rent due and agreed upon at the time of the commencement of the action and up to the time of rendering judgment or, in the absence of an agreement, the fair rental value. (b) In addition thereto in all cases the court shall assess the following as liquidated damages: (1) When the property sought to be recovered is used for residential purposes only, the plaintiff shall receive an amount equal to the rental value for each month, or portion thereof, that the defendant has forcibly entered and detained or unlawfully detained the property; and (2) When the property sought to be recovered is used for commercial or mixed residential and commercial purposes, the plaintiff shall receive liquidated damages at the rate of three (3) times the rental value per month for the time that the defendant has unlawfully detained the property. (c) (1) Thereupon the court shall render judgment in favor of the plaintiff for the recovery of the property and for any amount of recovery that may be so assessed with costs. (2) If possession of the premises has not already been delivered to the plaintiff, the court shall cause a writ of possession to be issued commanding the sheriff to remove the defendant from possession of the premises and to place the plaintiff in possession thereof. (d) (1) In case the finding or verdict is for the defendant, the court shall give judgment thereon with costs and for any damages that may be assessed in favor of the defendant. (2) If the property described in the complaint has been turned over to the possession of the plaintiff, the court shall also issue a writ of restitution directed to the sheriff to cause the defendant to be repossessed of the property. (e) Any monetary judgments awarded either to the plaintiff or the defendant may be recovered upon in any manner otherwise authorized by law. (f) Upon final disposition of the action, the court shall distribute any money paid by the defendant under § 18-60-307(c) into the registry of the court first toward satisfaction of the plaintiff's judgment, if any, and the remainder to the defendant. Acts 1981, No. 615, § 9; A.S.A. 1947, § 34-1509; Acts 2007, No. 728, § 3.

(a) If upon the trial of any action brought under this subchapter the finding or verdict is for the plaintiff, the court or jury trying it shall assess the amount to be recovered by the plaintiff for the rent due and agreed upon at the time of the commencement of the action and up to the time of rendering judgment or, in the absence of an agreement, the fair rental value.

(b) In addition thereto in all cases the court shall assess the following as liquidated damages: (1) When the property sought to be recovered is used for residential purposes only, the plaintiff shall receive an amount equal to the rental value for each month, or portion thereof, that the defendant has forcibly entered and detained or unlawfully detained the property; and (2) When the property sought to be recovered is used for commercial or mixed residential and commercial purposes, the plaintiff shall receive liquidated damages at the rate of three (3) times the rental value per month for the time that the defendant has unlawfully detained the property.

(1) When the property sought to be recovered is used for residential purposes only, the plaintiff shall receive an amount equal to the rental value for each month, or portion thereof, that the defendant has forcibly entered and detained or unlawfully detained the property; and

(2) When the property sought to be recovered is used for commercial or mixed residential and commercial purposes, the plaintiff shall receive liquidated damages at the rate of three (3) times the rental value per month for the time that the defendant has unlawfully detained the property.

(c) (1) Thereupon the court shall render judgment in favor of the plaintiff for the recovery of the property and for any amount of recovery that may be so assessed with costs. (2) If possession of the premises has not already been delivered to the plaintiff, the court shall cause a writ of possession to be issued commanding the sheriff to remove the defendant from possession of the premises and to place the plaintiff in possession thereof.

(1) Thereupon the court shall render judgment in favor of the plaintiff for the recovery of the property and for any amount of recovery that may be so assessed with costs.

(2) If possession of the premises has not already been delivered to the plaintiff, the court shall cause a writ of possession to be issued commanding the sheriff to remove the defendant from possession of the premises and to place the plaintiff in possession thereof.

(d) (1) In case the finding or verdict is for the defendant, the court shall give judgment thereon with costs and for any damages that may be assessed in favor of the defendant. (2) If the property described in the complaint has been turned over to the possession of the plaintiff, the court shall also issue a writ of restitution directed to the sheriff to cause the defendant to be repossessed of the property.

(1) In case the finding or verdict is for the defendant, the court shall give judgment thereon with costs and for any damages that may be assessed in favor of the defendant.

(2) If the property described in the complaint has been turned over to the possession of the plaintiff, the court shall also issue a writ of restitution directed to the sheriff to cause the defendant to be repossessed of the property.

(e) Any monetary judgments awarded either to the plaintiff or the defendant may be recovered upon in any manner otherwise authorized by law.

(f) Upon final disposition of the action, the court shall distribute any money paid by the defendant under § 18-60-307(c) into the registry of the court first toward satisfaction of the plaintiff's judgment, if any, and the remainder to the defendant.

Acts 1981, No. 615, § 9; A.S.A. 1947, § 34-1509; Acts 2007, No. 728, § 3.
Ark. Code Ann. § 18-60-401 — AR Code / Title 18 / Chapter 60 / Subchapter 4 / Section 18-60-401
Petition - Determination of heirs property - Applicability
Status: in_force

(a) Under this subchapter, any persons having any interest in and desiring a division of land held in joint tenancy, in common, as assigned or unassigned dower, as assigned or unassigned curtesy, or in coparceny, absolutely or subject to the life estate of another, or otherwise, or under an estate by the entirety when the owners have been divorced, except when the property involved is a homestead and occupied by either of the divorced persons, shall file in the circuit court a written petition. (b) (1) The petition shall contain: (A) The description of the property; (B) The names of each party having an interest in the property and the nature and amount of the interest; and (C) A prayer for: (i) The division and for a sale of the property if it appears that partition cannot be made without great prejudice to the owners; and (ii) Any other appropriate relief. (2) All persons interested in the property who have not united in the petition shall be summoned to appear. (c) (1) The court shall determine whether or not the property is heirs property as defined in § 18-60-1002 . (2) If the court determines after notice and hearing or otherwise that the property is heirs property, the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., shall, unless all of the cotenants otherwise agree in a record as defined by § 18-60-1002 : (A) Apply to the partition of the property; and (B) To the extent of any conflict between this subchapter and the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., govern the procedures and rights of the parties concerning the heirs property. Amended by Act 2015, No. 107,§ 2, eff. 1/1/2016. Rev. Stat., ch. 107, § 1; Civil Code, § 538; C. & M. Dig., § 8091; Pope's Dig., § 10509; Acts 1941, No. 92, § 1; 1947, No. 161, § 1; 1957, No. 324, § 1; A.S.A. 1947, § 34-1801.

(a) Under this subchapter, any persons having any interest in and desiring a division of land held in joint tenancy, in common, as assigned or unassigned dower, as assigned or unassigned curtesy, or in coparceny, absolutely or subject to the life estate of another, or otherwise, or under an estate by the entirety when the owners have been divorced, except when the property involved is a homestead and occupied by either of the divorced persons, shall file in the circuit court a written petition.

(b) (1) The petition shall contain: (A) The description of the property; (B) The names of each party having an interest in the property and the nature and amount of the interest; and (C) A prayer for: (i) The division and for a sale of the property if it appears that partition cannot be made without great prejudice to the owners; and (ii) Any other appropriate relief. (2) All persons interested in the property who have not united in the petition shall be summoned to appear.

(1) The petition shall contain: (A) The description of the property; (B) The names of each party having an interest in the property and the nature and amount of the interest; and (C) A prayer for: (i) The division and for a sale of the property if it appears that partition cannot be made without great prejudice to the owners; and (ii) Any other appropriate relief.

(A) The description of the property;

(B) The names of each party having an interest in the property and the nature and amount of the interest; and

(C) A prayer for: (i) The division and for a sale of the property if it appears that partition cannot be made without great prejudice to the owners; and (ii) Any other appropriate relief.

(i) The division and for a sale of the property if it appears that partition cannot be made without great prejudice to the owners; and

(ii) Any other appropriate relief.

(2) All persons interested in the property who have not united in the petition shall be summoned to appear.

(c) (1) The court shall determine whether or not the property is heirs property as defined in § 18-60-1002 . (2) If the court determines after notice and hearing or otherwise that the property is heirs property, the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., shall, unless all of the cotenants otherwise agree in a record as defined by § 18-60-1002 : (A) Apply to the partition of the property; and (B) To the extent of any conflict between this subchapter and the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., govern the procedures and rights of the parties concerning the heirs property.

(1) The court shall determine whether or not the property is heirs property as defined in § 18-60-1002 .

(2) If the court determines after notice and hearing or otherwise that the property is heirs property, the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., shall, unless all of the cotenants otherwise agree in a record as defined by § 18-60-1002 : (A) Apply to the partition of the property; and (B) To the extent of any conflict between this subchapter and the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., govern the procedures and rights of the parties concerning the heirs property.

(A) Apply to the partition of the property; and

(B) To the extent of any conflict between this subchapter and the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., govern the procedures and rights of the parties concerning the heirs property.

Amended by Act 2015, No. 107,§ 2, eff. 1/1/2016.

Rev. Stat., ch. 107, § 1; Civil Code, § 538; C. & M. Dig., § 8091; Pope's Dig., § 10509; Acts 1941, No. 92, § 1; 1947, No. 161, § 1; 1957, No. 324, § 1; A.S.A. 1947, § 34-1801.