reglab/housing_qa huggingface dataset:
AR Code § 2-3-106 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 3 - Arkansas Agricultural Foreign Investment|§ 2-3-106. Proceedings upon failure to register

 (a) Any recorder of deeds, tax assessor, or other public official who shall learn that a foreign party has acquired agricultural land in Arkansas after April 19, 1979, and has not registered as required in this chapter or otherwise holds agricultural land in violation of this chapter shall report the violation to the Attorney General.  (b)  (1) Upon receiving notice under subsection (a) of this section, or otherwise in his or her discretion, the Attorney General shall institute an action in the Pulaski County Circuit Court or in the circuit court of any county in which any portion of the agricultural land acquired or held in violation of § 2-3-103 is located.  (2) The Attorney General shall file a notice of the pendency of the action with the recorder of deeds of each county in which any portion of the agricultural land is located.    (c)  (1) If the court finds that the agricultural land has been acquired or is held in violation of this chapter, the court shall enter a declaratory judgment of the violation and order that the agricultural land be divested to a party other than another foreign party within two (2) years of the date of the order.  (2)  (A) The court may also assess against the foreign party a civil penalty for a knowing violation of this chapter of up to twenty-five percent (25%) of the then fair market value of the agricultural land.  (B) The penalty assessed shall become a lien against the agricultural land.      (d)  (1) Upon the entry of a declaratory judgment of a violation and an order of divestiture, the Attorney General shall cause a copy of the order to be filed with the recorder of deeds of each county in which any portion of the agricultural land is located.  (2)  (A) The order of divestiture shall be a covenant running with the agricultural land against any foreign party, grantee, or assignee.  (B) Any foreign party who shall acquire any portion of the agricultural land within the two-year divestiture period specified in the order shall be required to divest within the two-year period.      (e) Any agricultural land which is not divested within the time prescribed by an order under subsection (c) of this section shall be ordered sold at public sale in the manner prescribed by law for the foreclosure of a mortgage on real estate for default in payment.
AR Code § 2-3-107 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 3 - Arkansas Agricultural Foreign Investment|§ 2-3-107. Private right of enforcement

 If the Attorney General refuses to bring an action provided for or authorized by this chapter, any person claiming a violation therefor, upon notice to the Attorney General, may apply to the court for leave to bring the action in his or her own name and may bring the action if leave therefor is granted.
AR Code § 2-3-108 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 3 - Arkansas Agricultural Foreign Investment|§ 2-3-108. Exceptions generally

 (a) This chapter shall not apply to agricultural land owned by a foreign party on April 19, 1979, while the land is held by the foreign party, nor shall this chapter apply to any alien while a bona fide resident of the United States or one of its territories or possessions.  (b) Should any alien owning agricultural land in Arkansas cease to be a bona fide resident of the United States or one of its territories or possessions, the alien shall register as required in this chapter within two (2) years after ceasing to be a bona fide resident.  (c) Agricultural land held by a nonresident alien over two (2) years after ceasing to be a resident alien shall be subject to the proceedings set forth in §§ 2-3-106 and 2-3-107.
AR Code § 2-3-109 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 3 - Arkansas Agricultural Foreign Investment|§ 2-3-109. Rights in nonfarm lands

 Except as provided in this chapter, all aliens, whether or not residents of the United States, shall be capable of acquiring by grant, purchase, adverse possession, devise, or descent any interest in any real estate except agricultural land, as defined in § 2-3-102, and of owning, holding, devising, or alienating it and shall incur the like duties and liabilities in relation thereto as if they were citizens of the United States and residents of Arkansas.
AR Code § 2-3-110 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 3 - Arkansas Agricultural Foreign Investment|§ 2-3-110. Agricultural land used for nonfarming purposes and mineral leases

 (a) The restrictions set forth in this chapter do not apply to agricultural land acquired by a foreign party for immediate or potential use for nonfarming purposes.  (b) A foreign party who acquires agricultural land for nonfarming purposes shall not be required to make a filing or report under this chapter.  (c)  (1) A foreign party who acquires agricultural land under subsection (a) of this section and later uses the agricultural land for farming purposes shall register as required in this chapter within sixty (60) days of the change in use.  (2) Failure to register ownership for the use of agricultural land for farming purposes under subdivision (c)(1) of this section shall be subject to actions as provided in §§ 2-3-106 and 2-3-107.    (d) The restrictions set forth in this chapter do not apply and no reporting requirement attaches to leases or other conveyances granting the right to explore for and produce the oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land, and oil, gas, coal, lignite, brine, and other mineral or royalty interests regardless of type or duration, easements, or tracts of land reasonably necessary for the extraction of oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land.
AR Code § 2-4-101 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 4 - Agricultural Operations As Nuisances|§ 2-4-101. Purpose

 It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest lands and other facilities for the production of food, fiber, and other agricultural and silvicultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations. Many are discouraged from making investments in farm or other agricultural improvements. It is the purpose of this chapter to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.
AR Code § 2-4-102 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 4 - Agricultural Operations As Nuisances|§ 2-4-102. Definitions

 As used in this chapter:   (1) “Agricultural operation” or “farming operation” means an agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including:  (A) The care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses;  (B) The planting, cultivating, harvesting, and processing of crops and timber; and  (C) The production of any plant or animal species in a controlled freshwater or saltwater environment; and    (2) “Agriculture” includes agriculture, silviculture, and aquaculture.
AR Code § 2-4-103 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 4 - Agricultural Operations As Nuisances|§ 2-4-103. Applicability to contracts

 This chapter shall not be construed to invalidate any contracts heretofore made, but insofar as contracts are concerned shall be applicable only with respect to contracts and agreements made subsequent to March 3, 1981.
AR Code § 2-4-105 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 4 - Agricultural Operations As Nuisances|§ 2-4-105. Local ordinances void

 Any and all ordinances adopted by any municipality or county in which an agricultural operation is located making or having the effect of making the agricultural operation or any agricultural facility or its appurtenances a nuisance or providing for an abatement of the agricultural operation or the agricultural facility or its appurtenances as a nuisance in the circumstances set forth in this chapter are void and shall have no force or effect.
AR Code § 2-4-106 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 4 - Agricultural Operations As Nuisances|§ 2-4-106. Actions for injuries or damages not affected

 The provisions of this chapter shall not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damages sustained by them on account of any pollution of or change in the condition of the waters of any stream or on account of any overflow of the lands of any person, firm, or corporation.
AR Code § 2-4-107 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 4 - Agricultural Operations As Nuisances|§ 2-4-107. Operation not to become nuisance

 (a) An agricultural operation or its facilities or appurtenances shall not be or become a public or private nuisance as a result of any changed conditions in and about the locality after it has been in operation for a period of one (1) year or more when the agricultural operation or its facilities or appurtenances were not a nuisance at the time the agricultural operation began.  (b)  (1) Except as provided in this section, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production.  (2) An agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions:  (A) Change in ownership or size;  (B) Nonpermanent cessation or interruption of farming;  (C) Participation in any government-sponsored agricultural program;  (D) Employment of new technology; or  (E) Change in the type of agricultural product produced.      (c)  (1) Notwithstanding any other provision of this section to the contrary, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation:  (A) Was established before the commencement of the use of the area surrounding the agricultural operation for nonagricultural activities; and  (B) Employs methods or practices that are commonly or reasonably associated with agricultural production.    (2) Employment of methods or practices that are commonly or reasonably associated with agricultural production or are in compliance with any state or federally issued permit shall create a rebuttable presumption that an agricultural operation is not a nuisance.    (d) The court may award expert fees, reasonable court costs, and reasonable attorney's fees to the prevailing party in any action brought to assert that an agricultural operation is a public or private nuisance.
AR Code § 2-4-108 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 4 - Agricultural Operations As Nuisances|§ 2-4-108. Liberal construction

 This chapter is remedial in nature and shall be liberally construed to effectuate its purposes.
AR Code § 2-6-101 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 6 - Catfish Processor Fair Practices Act|§ 2-6-101. Title

 This chapter shall be known and may be cited as the “Arkansas Catfish Processor Fair Practices Act of 1987”.
AR Code § 2-6-102 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 6 - Catfish Processor Fair Practices Act|§ 2-6-102. Purpose

 The General Assembly finds that a burden on and an obstruction to intrastate commerce in the catfish farming industry is caused when payment is not made for the catfish and that these arrangements are contrary to the public interest. This chapter is intended to remedy this burden on and obstruction to intrastate commerce in catfish and to protect the public interest.
AR Code § 2-6-103 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 6 - Catfish Processor Fair Practices Act|§ 2-6-103. Definitions

 As used in this chapter:   (1) “Board” means the State Plant Board;  (2) “Capable of use as human food” means and applies to any catfish or part or product of any catfish unless it is denatured or otherwise identified as required by rules prescribed by the board to deter its use as human food, or unless it is naturally inedible by humans;  (3) “Cash sale” means a sale in which the seller does not expressly extend credit to the buyer;  (4) “Catfish” means any species of the scientific order Ostariophysida, family Ictaluridae;  (5) “Class A registrant” means any catfish processor who purchases at least fifty thousand dollars ($50,000) worth of catfish annually from catfish producers;  (6) “Direct retail sale” means the sale of catfish products directly to the consumer;  (7) “Director” means the Director of the State Plant Board or his or her designee;  (8) “Owner” means a person or a producer that owns an equity interest, directly or indirectly, in a catfish processor;  (9) “Person” includes any individual, partnership, corporation, and association, or other legal entity;  (10) “Processor” means any person engaged in handling, storing, preparing, manufacturing, packing, or holding catfish products;  (11) “Producer” means any person engaged in the business of producing catfish by any method;  (12) “Product” means any catfish product capable of use as human food which is made wholly or in part from any catfish or portion thereof; and  (13) “Secured party” means a lender who has a perfected security interest under the Uniform Commercial Code, § 4-1-101 et seq., in the catfish being sold.
AR Code § 2-6-104 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 6 - Catfish Processor Fair Practices Act|§ 2-6-104. Administration

 (a) This chapter shall be administered by the State Plant Board.  (b) The board is authorized to promulgate such rules as may be necessary for the efficient enforcement of this chapter, including the establishment of reasonable fees for registering with the board.
AR Code § 2-6-105 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 6 - Catfish Processor Fair Practices Act|§ 2-6-105. Registration and suspension — Exception

 (a)  (1) Except as provided in subsection (e) of this section, every catfish processor in the state shall register with the State Plant Board.  (2) Applications for registration as a catfish processor under this chapter shall be made on forms prescribed by the Director of the State Plant Board.  (3) Every application is to be accompanied by an application fee of one hundred fifty dollars ($150), a certified financial statement in a form prescribed by the director, and any further information the director may by rule require.    (b) The board shall promulgate such rules as necessary to secure the performance of catfish purchasing obligations.  (c) Whenever, after due notice and hearing, the board finds any registrant is insolvent or has violated any provisions of this chapter, it may issue an order suspending the registrant for a reasonable specified period. The order of suspension shall take effect within five (5) days unless suspended, modified, or set aside by the board or a court of competent jurisdiction.  (d) If the board finds any processor is insolvent, is issuing invalid or insufficient checks, or is causing a breach of contract with the producer by failure to pay the producer in accordance with the contract, the board shall issue an order requiring the processor to cease and desist from purchasing catfish except under such conditions as the board may prescribe to effectuate the purposes of this chapter.  (e) Those processors whose average annual purchases from catfish producers do not exceed one hundred thousand dollars ($100,000) shall be exempt from the provisions of this section.
AR Code § 2-6-106 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 6 - Catfish Processor Fair Practices Act|§ 2-6-106. Unlawful practices — Penalties

 (a)  (1) With respect to catfish or catfish products, it shall be unlawful for any processor to engage in or use any unfair, unjustly discriminatory, or deceptive practice.  (2) If any person subject to this chapter violates any of the provisions of this chapter or of any order of the State Plant Board under this chapter relating to the purchase, sale, or handling of catfish, he or she shall be liable to the person injured for the full amount of damages sustained in consequence of the violation.    (b) This liability may be enforced either by complaint to the board or by suit in any circuit court of competent jurisdiction. This section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this section are in addition to those remedies.  (c) The board is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.  (d) The board may assess civil penalties against any Class A registrant as follows:  (1) Not more than fifty dollars ($50.00) for each day payment to the producer is late under § 2-6-107(a)(2);  (2) Not more than one hundred dollars ($100) for each day payment to the producer is late under the contract between the registrant and the producer; and  (3) In instances where the registrant has paid a producer with an invalid or insufficient check, not more than two hundred dollars ($200) for each day the check is invalid or insufficiently funded.
AR Code § 2-6-109 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 6 - Catfish Processor Fair Practices Act|§ 2-6-109. Receivership — Petition — Assets

 (a) The Director of the State Plant Board in his or her discretion may, following a suspension of a Class A registrant as provided in this chapter, file a verified petition in the proper court requesting that the director be appointed as a receiver to take custody of catfish in the registrant's facility and to provide for the disposition of those assets in the manner provided in this chapter and under the supervision of the court.  (b) The petition shall be filed in the county in which the registrant is located. The proper court shall appoint the director as receiver.  (c) Upon the filing of the petition, the court shall issue ex parte such temporary orders as may be necessary to preserve or protect the assets in receivership, or the value thereof, and the rights of producers, until a plan of disposition is approved.
AR Code § 2-6-110 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 6 - Catfish Processor Fair Practices Act|§ 2-6-110. Receivership — Plan for disposition of catfish

 A petition filed by the Director of the State Plant Board under § 2-6-109 shall be accompanied by the director's plan for disposition of the processed catfish. The plan may provide for the pro rata delivery of part or all of the processed catfish to producers holding weigh tickets, or may provide for the sale under the supervision of the director of part or all of the processed catfish for the benefit of those producers, or may provide for any combination thereof, as the director in his or her discretion determines to be necessary to minimize losses.
AR Code § 2-6-111 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 6 - Catfish Processor Fair Practices Act|§ 2-6-111. Receivership — Hearings on plan — Notice — Service

 (a) When a petition is filed by the Director of the State Plant Board under § 2-6-109 the clerk of court shall set a date for hearing on the director's proposed plan of disposition at a time not less than ten (10) nor more than fifteen (15) calendar days after the date the petition is filed.  (b) Copies of the petition, the notice of hearing, and the director's plan of disposition shall be served upon the Class A registrant and upon the surety company issuing the Class A registrant's bond in the manner required for service of an original notice.  (c) A delay in effecting service upon the Class A registrant or surety shall not be cause for denying the appointment of a receiver and shall not be grounds for invalidating any action or proceeding in connection therewith.
AR Code § 2-6-112 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 6 - Catfish Processor Fair Practices Act|§ 2-6-112. Receivership — Notification to weigh ticket holders

 (a) The Director of the State Plant Board shall cause a copy of each of the documents served upon the Class A registrant under § 2-6-111 to be mailed by ordinary mail to every person holding a weigh ticket issued by the Class A registrant, as determined by the records of the Class A registrant or the records of the director.  (b) The failure of any person referred to in this section to receive the required notification shall not invalidate the proceedings on the petition for the appointment of a receiver or any portion thereof.  (c) Persons referred to in this section are not parties to the action unless admitted by the court upon application therefor.
AR Code § 2-6-113 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 6 - Catfish Processor Fair Practices Act|§ 2-6-113. Receivership — Publication of notification of receiver's appointment

 When appointed as a receiver under this chapter the Director of the State Plant Board shall cause notification of the appointment to be published once each week for two (2) consecutive weeks in a newspaper of general circulation in each of the counties in which the Class A registrant maintains a business location, and in a newspaper of general circulation in this state.
AR Code § 2-6-114 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 6 - Catfish Processor Fair Practices Act|§ 2-6-114. Receivership — Designee — Duties of director

 The Director of the State Plant Board may designate one (1) of his or her employees to appear on behalf of the director in any proceedings before the court with respect to the receivership, and to exercise the functions of the director as receiver, except that the director shall determine whether or not to petition for the appointment as receiver, shall approve the proposed plan for disposition of processed catfish, shall approve the proposed plan for distribution of any cash proceeds, and shall approve the proposed final report.
AR Code § 2-6-115 (2020)
2020 Arkansas Code|Title 2 - Agriculture|Subtitle 1 - General Provisions|Chapter 6 - Catfish Processor Fair Practices Act|§ 2-6-115. Receivership — Applicability of administrative procedures

 The actions of the Director of the State Plant Board in connection with petitioning for appointment as a receiver, and all actions under such appointment, shall not be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.