reglab/housing_qa huggingface dataset:
AR Code § 18-60-817 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 8 - Recovery of Personal Property and Replevin|§ 18-60-817. Appraisement of property before taking bond

 (a) Before taking any bond, upon the suggestion of either party that the value of the property is not truly stated in the order for its delivery and where the suggestion is on the part of the defendant, on his or her producing the property to the sheriff, the sheriff shall select three (3) disinterested housekeepers to appraise the property under oath, to be administered by him or her.  (b) The housekeepers' appraisement, endorsed upon the order, shall be regarded as the value of the property in taking the bonds.
AR Code § 18-60-818 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 8 - Recovery of Personal Property and Replevin|§ 18-60-818. Claim of third party to property

 (a)  (1) If a person other than the defendant or his or her agent claims the property taken by the sheriff and delivers to the sheriff his or her affidavit that he or she is entitled to the possession thereof, the sheriff shall not be bound to keep the property or deliver it to the plaintiff unless the plaintiff shall, within two (2) days after the delivery to him or her or to his or her agent or attorney, by the sheriff, of a copy of the affidavit, indemnify the sheriff against the claim by a bond, executed by one (1) or more sufficient sureties, in double the value of the property.  (2) No claim to the property by a person other than the defendant or his or her agent shall be valid against the sheriff unless so made.    (b) The sheriff shall return the affidavit of the claimant, with his or her proceedings thereon, to the clerk's office.
AR Code § 18-60-819 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 8 - Recovery of Personal Property and Replevin|§ 18-60-819. Arrest and discharge of defendant

 (a) If the property described in the order shall have been removed or concealed so that the officer cannot make delivery thereof, when the order contains a capias clause, the officer shall arrest the body of the defendant and hold him or her in custody in the same manner as on a capias ad respondendum in a personal action until the defendant shall execute the bond prescribed in subsection (b) of this section or be otherwise legally discharged.  (b) The defendant shall be entitled to be discharged from arrest at any time before final judgment had in the cause upon executing to the officer who shall have made the arrest, with the addition of his or her name of office, a bond in a penalty of at least double the value of the property described as sworn to in the affidavit, with such security as shall be approved by the officer, conditioned that the defendant shall abide the order and judgment of the court in the action and that he or she will cause special bail to be put in, if it is required.
AR Code § 18-60-820 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 8 - Recovery of Personal Property and Replevin|§ 18-60-820. Judgments generally

 (a) In an action to recover the possession of personal property, judgment for the plaintiff may be for the delivery of the property, or for the value thereof in case a delivery cannot be had, and damages for the detention.  (b) When the property has been delivered to the plaintiff and the defendant claims a return thereof, judgment for the defendant may be for the return of the property, or its value, in case a return cannot be had, and damages for the taking and withholding of the property.
AR Code § 18-60-821 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 8 - Recovery of Personal Property and Replevin|§ 18-60-821. Judgment against sureties

 (a)  (1) In all actions for the recovery of personal property, where the defendant has given a delivery bond as provided for by § 18-60-816, the court or jury trying the cause may render judgment against the defendant for the recovery of the property, or its value, together with all damages sustained by the detention thereof.  (2) Upon motion of the plaintiff the court or jury may also render judgment against the sureties upon the defendant's delivery bond for the value of the property and also for damages as they may be found and determined by the court or jury trying the cause.    (b) If, upon the trial of any replevin cause, judgment is given for the defendant in the action, the court or jury trying the cause may render judgment, not only against the plaintiff for the value of the property taken under the order of delivery in the case, provided it has not been surrendered to the defendant, upon bond, as provided for in § 18-60-816, together with all damages sustained by the defendant in the action, but may, upon motion of the defendant, also render judgment against the sureties upon the bond of the plaintiff, for the value of the property and all damages sustained by the defendant in the action.
AR Code § 18-60-822 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 8 - Recovery of Personal Property and Replevin|§ 18-60-822. Assessment of value and damages

 In actions for recovery of specific personal property, the jury must assess the value of the property, and the damages for taking or detention, whenever, by their verdict, there will be a judgment for the recovery or return of the property.
AR Code § 18-60-901 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 9 - Vacating Public Utility Easements|§ 18-60-901. Petition to vacate

 (a) The owners of realty that is encumbered by a public utility easement and located outside the boundaries of any city or town may petition the county court to vacate the public utility easement.  (b) The petition shall clearly describe the easement.
AR Code § 18-60-902 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 9 - Vacating Public Utility Easements|§ 18-60-902. Notice

 (a) Upon receipt of the petition, the county clerk shall promptly give notice by publication at least one (1) time a week for at least two (2) consecutive weeks in some newspaper having a general circulation within the county.  (b)  (1) The notice shall state that the petition has been filed and that on a certain day named in the notice the county court will hear all persons desiring to be heard on the question of whether the public utility easement should be vacated.  (2) The notice shall give the names of property owners signing the petition and shall clearly describe the easement.    (c) If the easement is in favor of a specific utility, the owners of the realty must give actual notice to that utility as a condition precedent to vacating the easement.
AR Code § 18-60-903 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 9 - Vacating Public Utility Easements|§ 18-60-903. Hearing — Order — Appeal

 (a) At the hearing, the county court shall hear all interested parties and, if the court determines that the easement has not been used by the public utility for a period of at least five (5) years and that vacating the easement would not be against the interest of the public, the court shall enter an order vacating the easement and establishing the amount of just compensation for the easement.  (b) The finding and order of the county court shall be conclusive on all parties having or claiming any rights or interest in the easement.  (c)  (1) Within thirty (30) days from the entry of the county court order, an appeal may be taken to the circuit court, where a trial de novo without a jury shall be conducted by the judge of the circuit court.  (2) An appeal may be taken from the circuit court to the Supreme Court within thirty (30) days from the entry of the order.    (d) The cost of the publication of the notice, the cost of recording of the orders, and the court costs shall be paid by the petitioners, except that the court cost necessitated by an appeal shall be paid by the party or parties who unsuccessfully contest the petition.
AR Code § 18-60-904 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 9 - Vacating Public Utility Easements|§ 18-60-904. Effect of order — Removal of property

 (a) When the county court issues an order vacating a public utility easement, the ownership of the real property through which the easement extends shall cease to be burdened with the easement.  (b) The public utilities shall remove their property located on or beneath the realty subject to the easement within ninety (90) days after the issuance of the order vacating the easement, or the property shall be forfeited to the owners of the realty.
AR Code § 18-60-1001 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 10 - Uniform Partition of Heirs Property Act|§ 18-60-1001. Short title

 This subchapter may be cited as the “Uniform Partition of Heirs Property Act”.
AR Code § 18-60-1002 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 10 - Uniform Partition of Heirs Property Act|§ 18-60-1002. Definitions

 In this subchapter:   (1)  (A) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.  (B) “Ascendant” includes an adoptive parent and his or her ascendants.    (2) “Collateral” means an individual who is related to another individual under § 28-9-214 but who is not the other individual's ascendant or descendant.  (3)  (A) “Descendant” means an individual's child, grandchild, and any other, however remotely related to such an individual, who is in a direct line of descent from him or her, including lineal descendants and excluding ascendants and collaterals.  (B) “Descendant” includes an adopted child and his or her descendants.    (4) “Determination of value” means a court order determining the fair market value of heirs property under § 18-60-1006 or § 18-60-1010 or adopting the valuation of the property agreed to by all cotenants.  (5) “Heirs property” means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action:  (A) there is no agreement in a record binding all the cotenants which governs the partition of the property;  (B) one or more of the cotenants acquired title from a relative, whether living or deceased; and  (C) any of the following applies:  (i) 20 percent or more of the interests are held by cotenants who are relatives;  (ii) 20 percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or  (iii) 20 percent or more of the cotenants are relatives.      (6) “Partition by sale” means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under § 18-60-1010.  (7) “Partition in kind” means the division of heirs property into physically distinct and separately titled parcels.  (8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.  (9) “Relative” means an ascendant, descendant, or collateral or an individual otherwise related to another individual by marriage or law of this state other than this subchapter.
AR Code § 18-60-1003 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 10 - Uniform Partition of Heirs Property Act|§ 18-60-1003. Applicability — Relation to other law

 (a) This subchapter applies to partition actions filed on or after January 1, 2016.  (b) In an action to partition real property under § 18-60-401 et seq., the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this subchapter unless all of the cotenants otherwise agree in a record.  (c) This subchapter supplements § 18-60-401 et seq. and, if an action is governed by this subchapter, replaces provisions of § 18-60-401 et seq. that are inconsistent with this subchapter.
AR Code § 18-60-1004 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 10 - Uniform Partition of Heirs Property Act|§ 18-60-1004. Service — Notice by posting

 (a) This subchapter does not limit or affect the method by which service of a complaint in a partition action may be made.  (b) If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
AR Code § 18-60-1005 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 10 - Uniform Partition of Heirs Property Act|§ 18-60-1005. Commissioners

 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.
AR Code § 18-60-1006 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 10 - Uniform Partition of Heirs Property Act|§ 18-60-1006. Determination of value

 (a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d).  (b) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.  (c) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.  (d) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser registered in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.  (e) If an appraisal is conducted pursuant to subsection (d), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating:  (1) the appraised fair market value of the property;  (2) that the appraisal is available at the clerk's office; and  (3) that a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.    (f)  (1) Except as provided in subsection (h), if an appraisal is filed with the court pursuant to subsection (d), the court shall conduct a hearing to determine the fair market value of the property not sooner than thirty (30) days after a copy of the notice of the appraisal is sent to each party under subsection (e).  (2) In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.    (g) After a hearing under subsection (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.  (h) The court may waive the hearing required under subsection (f) if no defendant or cotenant enters a court appearance or files an objection to the appraisal.
AR Code § 18-60-1008 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 10 - Uniform Partition of Heirs Property Act|§ 18-60-1008. Partition alternatives

 (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to § 18-60-1007, or if after conclusion of the buyout under § 18-60-1007, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in § 18-60-1009, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.  (b) If the court does not order partition in kind under subsection (a), the court shall order partition by sale pursuant to § 18-60-1010 or, if no cotenant requested partition by sale, the court shall dismiss the action.  (c) If the court orders partition in kind pursuant to subsection (a), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.  (d) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to § 18-60-1007, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided.
AR Code § 18-60-1009 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 10 - Uniform Partition of Heirs Property Act|§ 18-60-1009. Considerations for partition in kind

 (a) In determining under § 18-60-1008(a) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following:  (1) whether the heirs property practicably can be divided among the cotenants;  (2) whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;  (3) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;  (4) a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;  (5) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;  (6) the degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and  (7) any other relevant factor.    (b) The court may not consider any one factor in subsection (a) to be dispositive without weighing the totality of all relevant factors and circumstances.
AR Code § 18-60-1010 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 10 - Uniform Partition of Heirs Property Act|§ 18-60-1010. Open-market sale, sealed bids, or auction

 (a) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.  (b) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.  (c) If the broker appointed under subsection (b) obtains within a reasonable time an offer to purchase the property for at least the determination of value:  (1) the broker shall comply with the reporting requirements in § 18-60-1011; and  (2) the sale may be completed in accordance with state law other than this subchapter.    (d) If the broker appointed under subsection (b) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:  (1) approve the highest outstanding offer, if any;  (2) redetermine the value of the property and order that the property continue to be offered for an additional time; or  (3) order that the property be sold by sealed bids or at an auction.    (e) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under § 18-60-401 et seq.  (f) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
AR Code § 18-60-1011 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 10 - Uniform Partition of Heirs Property Act|§ 18-60-1011. Report of open-market sale

 (a) Unless required to do so within a shorter time by § 18-60-401 et seq., a broker appointed under § 18-60-1010(b) to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under § 18-60-1006 or § 18-60-1010.  (b) The report required by subsection (a) must contain the following information:  (1) a description of the property to be sold to each buyer;  (2) the name of each buyer;  (3) the proposed purchase price;  (4) the terms and conditions of the proposed sale, including the terms of any owner financing;  (5) the amounts to be paid to lienholders;  (6) a statement of contractual or other arrangements or conditions of the broker's commission; and  (7) other material facts relevant to the sale.