reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 3 - LICENSING (§§ 17-107-301 — 17-107-311) › Section 17-107-301 - Orthotists

(a)
An applicant for a license to practice orthotics shall submit to the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board written evidence verified by oath that the applicant:
(1)
Possesses a baccalaureate degree or has completed semester hours equivalent to four (4) years of study at a four-year college or university;
(2)
Has completed an orthotic education program;
(3)
Has completed a clinical residency in orthotics;
(4)
Is qualified to practice in accordance with commonly accepted standards of orthotic care; and
(5)
Satisfies any other requirements established by the board that are reasonably related to the practice of orthotics.
(b)
The board may issue a license to practice orthotics to an applicant:
(1)
By examination, if the applicant passes an examination approved by the board; or
(2)
By endorsement, if the applicant has been licensed as an orthotist under the laws of another state, territory, or foreign country and meets the qualifications required of orthotists in this state.
Acts 2007, No. 174, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 3 - LICENSING (§§ 17-107-301 — 17-107-311) › Section 17-107-302 - Pedorthists

(a)
An applicant for a license to practice pedorthics shall submit to the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board written evidence verified by oath that the applicant:
(1)
Possesses a high school diploma or comparable credential approved by the board;
(2)
Has completed a pedorthic education program;
(3)
Has completed a qualified work experience program or internship in pedorthics;
(4)
Is qualified to practice in accordance with commonly accepted standards of pedorthic care acceptable to the board; and
(5)
Satisfies any other requirements established by the board that are reasonably related to the practice of pedorthics.
(b)
The board may issue a license to practice pedorthics:
(1)
By examination, if the applicant passes an examination approved by the board; or
(2)
By endorsement, if an applicant has been licensed as a pedorthist under the laws of another state, territory, or foreign country and meets the qualifications required of pedorthists in this state.
Acts 2007, No. 174, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 3 - LICENSING (§§ 17-107-301 — 17-107-311) › Section 17-107-303 - Prosthetists

(a)
An applicant for a license to practice prosthetics shall submit to the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board written evidence verified by oath that the applicant:
(1)
Possesses a baccalaureate degree or has completed semester hours equivalent to four (4) years of study at a four-year college or university;
(2)
Has completed a prosthetic education program;
(3)
Has completed a clinical residency in prosthetics;
(4)
Is qualified to practice in accordance with commonly accepted standards of prosthetic care; and
(5)
Satisfies any other requirements established by the board that are reasonably related to the practice of prosthetics.
(b)
The board may issue a license to practice prosthetics to an applicant:
(1)
By examination, if the applicant passes an examination approved by the board; or
(2)
By endorsement, if the applicant has been licensed as a prosthetist under the laws of another state, territory, or foreign country and meets the qualifications required of prosthetists in this state.
Acts 2007, No. 174, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 3 - LICENSING (§§ 17-107-301 — 17-107-311) › Section 17-107-304 - Orthotic assistants, orthotic/prosthetic assistants, and prosthetic assistants

An applicant for certification to practice as an orthotic assistant, an orthotic/prosthetic assistant, or a prosthetic assistant shall submit to the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board written evidence verified by oath that the applicant either:
(1)
Meets the following requirements:
(A)
Possesses a high school diploma or comparable credential approved by the board;
(B)
Has a minimum of:
(i)
Three (3) years of experience in the field in which the individual is seeking licensure as an assistant; or
(ii)
Two (2) years of experience in the field in which the individual is seeking licensure as an assistant and has a minimum of three (3) semester hours of higher education in the subjects of human anatomy and physiology and medical terminology; and
(C)
Has written documentation from a prosthetist or an orthotist that the applicant is qualified to perform as an assistant in the field in which the individual is seeking licensure as an assistant; or
(2)
(A)
Has graduated from a master's level orthotic, prosthetic, or orthotic/prosthetic educational program approved by the National Commission on Orthotic and Prosthetic Education and is in a residency program.
(B)
An orthotic assistant, an orthotic/prosthetic assistant, or a prosthetic assistant certified under subdivision (2)(A) of this section shall maintain certification until he or she completes the residency program.
Amended by Act 2021, No. 445,§ 1, eff. 7/28/2021.
Acts 2007, No. 174, § 1; 2009, No. 200, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 3 - LICENSING (§§ 17-107-301 — 17-107-311) › Section 17-107-305 - Temporary permits

(a)
(1)
The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may issue a temporary permit to practice orthotics, prosthetics, or pedorthics to a qualified applicant who has:
(A)
Satisfactorily completed an approved education program in the field in which the individual is seeking licensure; and
(B)
Applied for or is awaiting results of the first examination he or she is eligible to take after the permit is issued.
(2)
The temporary permit to practice orthotics, prosthetics, or pedorthics becomes invalid upon notification to the applicant of the results of the first examination he or she is eligible to take after the permit is issued.
(3)
(A)
A temporary permit issued under this subsection is valid for no more than six (6) months.
(B)
No more than two (2) temporary permits shall be issued to any individual within a specific category.
(b)
(1)
The board may issue a temporary permit to practice orthotics, prosthetics, or pedorthics to a qualified applicant awaiting endorsement and holding a current license to practice orthotics, prosthetics, or pedorthics, or the equivalent, from another jurisdiction, state, or territory.
(2)
The temporary permit to practice orthotics, prosthetics, or pedorthics shall:
(A)
Specify the date it was issued and its expiration date; and
(B)
Not be valid for more than six (6) months.
Acts 2007, No. 174, § 1; 2009, No. 200, § 2.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 3 - LICENSING (§§ 17-107-301 — 17-107-311) › Section 17-107-306 - License - Renewal

(a)
An individual licensed or certified under this chapter shall renew his or her license or certification with the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board in accordance with this section and procedures established by the board.
(b)
(1)
At least sixty (60) days before the renewal date of a individual's license or certification under this chapter, the board shall:
(A)
Mail to the individual a renewal application for his or her license or certification; and
(B)
Notify the individual of the renewal date of his or her license or certification.
(2)
The board shall mail the renewal application to the most recent address of the individual as the address appears in the records of the board.
(3)
The individual shall complete the renewal application and return it to the board with the required renewal fee by the renewal date of the individual's license or certification.
(c)
The board shall renew the individual's license or certification for the next licensure or certification period if:
(1)
The board receives the individual's renewal application by the renewal date of the individual's license or certification;
(2)
The board determines that the individual's renewal application is accurate; and
(3)
The renewal fee is paid by the renewal date of the individual's license or certification.
(d)
An individual's license or certification under this chapter automatically expires and is forfeited if:
(1)
The board does not receive the individual's renewal application by the renewal date of the individual's license or certification;
(2)
The board determines that the renewal application is not accurate; or
(3)
The renewal fee is not paid by the renewal date of the individual's license or certification.
(e)
Any individual who fails to renew his or her license or certification as provided in this section may be reinstated by the board if:
(1)
The individual submits to the board:
(A)
Written evidence verified by oath that the individual's renewal application was submitted in a timely manner; or
(B)
A renewal application, and the board determines that the renewal application is accurate; and
(2)
The renewal fee plus a penalty is paid by a date specified by the board.
Acts 2007, No. 174, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 3 - LICENSING (§§ 17-107-301 — 17-107-311) › Section 17-107-307 - License - Display

An individual licensed or certified under this chapter shall:
(1)
Keep his or her license prominently displayed in his or her office or in a place in which he or she practices; or
(2)
Store his or her license in a place from which the license can be immediately produced upon request of a patient or a representative of the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board.
Acts 2007, No. 174, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 3 - LICENSING (§§ 17-107-301 — 17-107-311) › Section 17-107-308 - License - Replacement

(a)
An individual licensed or certified under this chapter whose license has been lost or destroyed may apply to the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board for a replacement. The application shall be accompanied by an affidavit setting out the facts concerning the loss or destruction of the original license.
(b)
An individual licensed or certified under this chapter whose name is changed by marriage or court order may surrender his or her license and apply to the board for a replacement license.
Acts 2007, No. 174, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 3 - LICENSING (§§ 17-107-301 — 17-107-311) › Section 17-107-309 - License - Inactive status

(a)
An individual licensed or certified under this chapter may place his or her license or certification on inactive status by notifying the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board in writing.
(b)
(1)
The holder of an inactive license or certification is excused from payment of renewal fees and shall not practice in his or her area of licensure or certification in this state.
(2)
Any individual who engages in the practice of orthotics, pedorthics, or prosthetics or serves as an orthotic assistant, orthotic/prosthetic assistant, or prosthetic assistant while his or her license or certification under this chapter is inactive is considered to be practicing without a license or certification. Practicing without a license or certification is grounds for discipline under §
17-107-310
.
(c)
The board may restore an inactive license or certification under this chapter if:
(1)
The holder of the inactive license or certification:
(A)
Successfully completes the continuing education requirements established by the board; and
(B)
Complies with rules established by the board; and
(2)
The current renewal fee is paid by a date specified by the board.
Acts 2007, No. 174, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 3 - LICENSING (§§ 17-107-301 — 17-107-311) › Section 17-107-310 - Disciplinary action

The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may deny, suspend, revoke, or restrict any license or certification issued under this chapter or otherwise discipline an individual licensed or certified under this chapter upon proof that the individual:
(1)
Has pleaded guilty or nolo contendere to or has been found guilty of a felony listed under §
17-3-102
;
(2)
Has used intoxicating liquors, narcotics, controlled substances, or other drugs in a manner that adversely affects the license or certificate holder's ability to practice;
(3)
Has become physically or mentally incompetent to practice to the extent that the license or certificate holder's professional competence is impaired and the public is endangered;
(4)
Has committed fraud or deceit in the procuring or attempting to procure a license or certification under this chapter;
(5)
Has aided or abetted an unlicensed or uncertified individual to perform the duties of a license or certificate holder under this chapter;
(6)
Has engaged in any practice beyond the scope of duties permitted a license or certificate holder under this chapter;
(7)
Is incompetent or grossly negligent in his or her performance as a license or certification holder;
(8)
Has engaged in unprofessional or unethical conduct;
(9)
Has advertised in a false, fraudulent, deceptive, or misleading manner;
(10)
Has knowingly betrayed a professional secret;
(11)
Has violated a rule of the board;
(12)
Has violated a term of probation or an order previously imposed by the board; or
(13)
Has had a license, certificate, or registration revoked or suspended or has been placed on probation or under disciplinary order in any jurisdiction.
Amended by Act 2019, No. 315,§ 1682, eff. 7/24/2019.
Amended by Act 2019, No. 990,§ 134, eff. 7/24/2019.
Acts 2007, No. 174, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 3 - LICENSING (§§ 17-107-301 — 17-107-311) › Section 17-107-311 - [Repealed]

Repealed by Act 2013, No. 1147,§ 4, eff. 8/16/2013.
Acts 2007, No. 174, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 1 - GENERAL PROVISIONS (§ 18-1-101) › Section 18-1-101 - Lien holder form

(a)
(1)
Any attachment, claim, encumbrance, financing statement, lien, mortgage, or security agreement filed of record against any real or personal property and any judgment filed of record against any person, firm, or corporation shall display the name, address, and telephone number of the claim holder, lien holder, or judgment creditor, together with the name and title of the person authorized to release the claim, lien, or judgment, or the person's successor.
(2)
If an attachment, a claim, an encumbrance, a financing statement, a lien, a mortgage, a security agreement, or a judgment is filed on or after August 13, 2001, and does not comply with subdivision (a)(1) of this section, notice of an action commenced under §
18-50-101
et seq. shall be given by publication as provided in §
18-50-105
.
(b)
Subdivision (a)(2) of this section shall not be applicable to:
(1)
Any claim holder, lien holder, or judgment creditor that is a financial institution insured by the Federal Deposit Insurance Corporation; or
(2)
Motor vehicle titles.
(c)
Clerks responsible for recording the documents enumerated in subsection (a) of this section shall ensure that the documents presented for filing display the information required by subsection (a) of this section.
(d)
The validity or priority of any attachment, claim, encumbrance, financing statement, lien, mortgage, or security agreement currently on file, or filed of record after August 13, 2001, shall not be affected by the failure of any person to comply with the requirements of this section.
Acts 2001, No. 1125, § 1; 2007, No. 1411, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 2 - COMMUTATION OF INTERESTS (§§ 18-2-101 — 18-2-106) › Section 18-2-101 - Purpose

(a)
The purpose of this subchapter is to establish a simple and accurate method for computing the present value of both vested life and remainder interests in property through the use of actuarial tables and to make the actuarial tables used in connection therewith current.
(b)
Nothing contained in this subchapter is intended:
(1)
To provide when a court shall order a life interest commuted and so payable in gross; or
(2)
To change the existing jurisdiction of the courts under which such a decree requiring commutation may issue.
Acts 1981, No. 350, § 1; A.S.A. 1947, § 50-701.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 2 - COMMUTATION OF INTERESTS (§§ 18-2-101 — 18-2-106) › Section 18-2-102 - Commutation of single life interest

In any legal proceeding wherein the court shall decree that a vested right to future income for life from property is to be commuted and an amount payable in gross be substituted for the property right, then the value of the interest shall be computed by use of the table and in the manner described in the example appearing in §
18-2-105
unless parties to the proceeding submit an agreement for a division of the proceeds which the court approves.
Acts 1981, No. 350, § 2; A.S.A. 1947, § 50-702.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 2 - COMMUTATION OF INTERESTS (§§ 18-2-101 — 18-2-106) › Section 18-2-103 - Choice of age

The appropriate age for use in the table is that of the person whose life expectancy serves to measure the life interest being valued.
Acts 1981, No. 350, § 3; A.S.A. 1947, § 50-703.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 2 - COMMUTATION OF INTERESTS (§§ 18-2-101 — 18-2-106) › Section 18-2-104 - Choice of interest

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.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 2 - COMMUTATION OF INTERESTS (§§ 18-2-101 — 18-2-106) › Section 18-2-106 - Commutation of remainder interest

The present value of a remainder interest is found by subtracting from the principal sum the value of the commuted life interest as determined by this subchapter.
Acts 1981, No. 350, § 6; A.S.A. 1947, § 50-706.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 3 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 18-3-101 — 18-3-109) › Section 18-3-101 - Statutory rule against perpetuities

(a)
A nonvested property interest is invalid unless:
(1)
when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or
(2)
the interest either vests or terminates within 365 years after its creation.
(b)
A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
(1)
when the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than 21 years after the death of an individual then alive; or
(2)
the condition precedent either is satisfied or becomes impossible to satisfy within 365 years after its creation.
(c)
A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
(1)
when the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or
(2)
the power is irrevocably exercised or otherwise terminates within 365 years after its creation.
(d)
In determining whether a nonvested property interest or a power of appointment is valid under subdivision (a)(1), (b)(1), or (c)(1) of this section, the possibility that a child will be born to an individual after the individual's death is disregarded.
(e)
If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (i) seeks to disallow the vesting or termination of any interest or trust beyond, (ii) seeks to postpone the vesting or termination of any interest or trust until, or (iii) seeks to operate in effect in any similar fashion upon, the later of (A) the expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement or (B) the expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement, that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives.
Amended by Act 2023, No. 719,§ 1, eff. 8/1/2023.
Acts 2007, No. 240, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 3 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 18-3-101 — 18-3-109) › Section 18-3-102 - When nonvested property interest or power of appointment created

(a)
Except as provided in subsections (b) and (c) of this section and in §
18-3-105(a)
, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
(b)
For purposes of this chapter, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in §
18-3-101(b)
or §
18-3-101(c)
, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
(c)
For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
(d)
For purposes of this chapter, if a nongeneral power of appointment or a general testamentary power of appointment is used to create another nongeneral power of appointment or general testamentary power of appointment, the nonvested property interest or power of appointment created through the exercise of the other nongeneral power of appointment or general testamentary power of appointment is considered to have been created at the same time the first nongeneral power of appointment or general testamentary power of appointment was created.
Amended by Act 2017, No. 945,§ 3, eff. 8/1/2017.
Acts 2007, No. 240, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 3 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 18-3-101 — 18-3-109) › Section 18-3-103 - Reformation

Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the 365 years allowed by §
18-3-101(a)(2)
, §
18-3-101(b)(2)
, or §
18-3-101(c)(2)
if:
(1)
a nonvested property interest or a power of appointment becomes invalid under §
18-3-101
;
(2)
a class gift is not but might become invalid under §
18-3-101
and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3)
a nonvested property interest that is not validated by §
18-3-101(a)(1)
can vest but not within 365 years after its creation.
Amended by Act 2023, No. 719,§ 2, eff. 8/1/2023.
Acts 2007, No. 240, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 3 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 18-3-101 — 18-3-109) › Section 18-3-105 - Prospective application

(a)
Except as extended by subsection (b) of this section, this chapter applies to a nonvested property interest or a power of appointment that is created on or after August 1, 2023. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
(b)
If a nonvested property interest or a power of appointment was created before August 1, 2023, and is determined in a judicial proceeding, commenced on or after August 1, 2023, to violate this State's rule against perpetuities as that rule existed before August 1, 2023, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
Amended by Act 2023, No. 719,§ 3, eff. 8/1/2023.
Acts 2007, No. 240, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 3 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 18-3-101 — 18-3-109) › Section 18-3-106 - Short title

This chapter may be cited as the Statutory Rule Against Perpetuities.
Amended by Act 2023, No. 719,§ 4, eff. 8/1/2023.
Acts 2007, No. 240, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 3 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 18-3-101 — 18-3-109) › Section 18-3-107 - [Repealed]

Repealed by Act 2023, No. 719,§ 5, eff. 8/1/2023.
Acts 2007, No. 240, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 3 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 18-3-101 — 18-3-109) › Section 18-3-109 - Supercession of common law

This chapter supersedes the rule of the common law known as the rule against perpetuities.
Acts 2007, No. 240, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 4 - MISCELLANEOUS OWNERSHIP RIGHTS (§§ 18-4-201 — 18-4-208) › Section 18-4-201 - Title

This subchapter shall be known and may be cited as the "Arkansas Slayer Law".
Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 4 - MISCELLANEOUS OWNERSHIP RIGHTS (§§ 18-4-201 — 18-4-208) › Section 18-4-202 - Definitions

As used in this chapter:
(1)
"Decedent" means a person whose life is taken by a slayer;
(2)
"Property" means real or personal property; and
(3)
"Slayer" means an individual who is:
(A)
Convicted by a court of competent jurisdiction of or pleads guilty or nolo contendere to the unlawful killing of the decedent;
(B)
Found by a preponderance of the evidence in a civil action to have unlawfully killed the decedent or procured the killing of the decedent, including an individual who has been:
(i)
Acquitted by reason of insanity, mental defect or disease, or any other mental incapacity concerning a criminal charge of the unlawful killing of the decedent; or
(ii)
Found to lack the capacity to understand or effectively assist in a criminal proceeding against himself or herself for the unlawful killing of the decedent; or
(C)
A juvenile who is adjudicated delinquent by reason of committing an act that if committed by an adult would constitute the unlawful killing of the decedent.
Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 4 - MISCELLANEOUS OWNERSHIP RIGHTS (§§ 18-4-201 — 18-4-208) › Section 18-4-203 - Tolling of civil actions

If a criminal proceeding is brought against a person to establish the person's guilt concerning the unlawful killing of the decedent, a civil action that involves an issue of whether the person unlawfully killed the decedent may be brought within one (1) year after a final determination is made in the criminal proceeding, including a determination concerning the person's:
(1)
Mental capacity under §
5-2-312
or §
5-2-313
or similar provisions of another state's law; or
(2)
Fitness to proceed under §
5-2-309
or a similar provision of another state's law.
Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 4 - MISCELLANEOUS OWNERSHIP RIGHTS (§§ 18-4-201 — 18-4-208) › Section 18-4-204 - Slayer barred from testate or intestate succession and other rights

(a)
A slayer is deemed to have died immediately before the death of the decedent.
(b)
A slayer shall not acquire any property or property right or receive any benefit from the estate of the decedent by testate or intestate succession, by common law, or by statutory right, including as the surviving spouse of the decedent.
Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 4 - MISCELLANEOUS OWNERSHIP RIGHTS (§§ 18-4-201 — 18-4-208) › Section 18-4-205 - Insurance and annuity benefits

(a)
Insurance and annuity proceeds payable to a slayer as the beneficiary or assignee of a policy or certificate of insurance or an annuity contract on the life of the decedent, or in any other manner payable to the slayer by virtue of the slayer having survived the decedent, shall be paid to the decedent's estate.
(b)
If the decedent is the beneficiary or assignee of any annuity contract, life insurance policy, or certificate of insurance on the life of the slayer, the proceeds shall be paid to the estate of the decedent upon the death of the slayer.
(c)
An insurance or annuity company that makes payment according to the terms of the annuity contract, life insurance policy, or certificate of insurance is not liable under this subchapter if payment or performance is made without knowledge of circumstances tending to make this subchapter apply.
Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 4 - MISCELLANEOUS OWNERSHIP RIGHTS (§§ 18-4-201 — 18-4-208) › Section 18-4-206 - Persons acquiring property from slayer protected

The provisions of this subchapter do not affect the right of a person who before the interests of the slayer have been adjudicated acquires from the slayer for adequate consideration property that the slayer would have received except for the terms of this subchapter if the person acquired the property without notice of circumstances tending to make this subchapter apply provided, however, that:
(1)
The consideration received by the slayer shall be held by the slayer in trust for the persons entitled to the property under this subchapter; and
(2)
The slayer is liable for:
(A)
Any portion of the consideration which the slayer may have transferred or dissipated; and
(B)
Any difference between the actual value of the property and the amount of the consideration paid for the property.
Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 4 - MISCELLANEOUS OWNERSHIP RIGHTS (§§ 18-4-201 — 18-4-208) › Section 18-4-207 - Remedies supplemental

This subchapter supplements:
(1)
The common law of the State of Arkansas as it exists on August 16, 2013, unless application of the common law would be inconsistent with this subchapter; and
(2)
Section
28-11-204
.
Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 1 - GENERAL PROVISIONS (§§ 18-1-101 — 18-4-208) › Chapter 4 - MISCELLANEOUS OWNERSHIP RIGHTS (§§ 18-4-201 — 18-4-208) › Section 18-4-208 - Effect on existing proceedings

This subchapter applies to a civil or criminal action that is pending at the time of August 16, 2013, in which a final, nonappealable judgment has not been entered.
Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 1 - OWNERSHIP AND POSSESSION (§§ 18-11-101 — 18-11-110) › Section 18-11-101 - Capacity of aliens to take and transfer lands

(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.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 1 - OWNERSHIP AND POSSESSION (§§ 18-11-101 — 18-11-110) › Section 18-11-102 - Payment of taxes on unimproved or unenclosed land deemed possession

Unimproved and unenclosed land shall be deemed and held to be in possession of the person who pays the taxes thereon if he or she has color of title thereto, but no person shall be entitled to invoke the benefit of this section unless he or she, and those under whom he or she claims, shall have paid the taxes for at least seven (7) years in succession.
Acts 1899, No. 66, § 1, p. 117; C. & M. Dig., § 6943; Pope's Dig., § 8920; A.S.A. 1947, § 37-102.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 1 - OWNERSHIP AND POSSESSION (§§ 18-11-101 — 18-11-110) › Section 18-11-103 - Payment of taxes on wild and unimproved land - Presumption of color of title

Payment of taxes on wild and unimproved land in this state by any person or his or her predecessor in title for a period of fifteen (15) consecutive years shall create a presumption of law that the person, or his or her predecessor in title, held color of title to the land prior to the first payment of taxes made as stated and that all the payments were made under color of title.
Acts 1929, No. 199, § 1; Pope's Dig., §§ 8921, 13601; A.S.A. 1947, § 37-103.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 1 - OWNERSHIP AND POSSESSION (§§ 18-11-101 — 18-11-110) › Section 18-11-104 - Right of possession not impaired by descent cast

The right of any person to the possession of any lands or tenements shall not be impaired or affected by a descent cast in consequence of the death of any person in possession of the estate.
Rev. Stat., ch. 91, § 3; C. & M. Dig., § 6945; Pope's Dig., § 8923; A.S.A. 1947, § 37-105.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 1 - OWNERSHIP AND POSSESSION (§§ 18-11-101 — 18-11-110) › Section 18-11-106 - Adverse possession

(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.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 1 - OWNERSHIP AND POSSESSION (§§ 18-11-101 — 18-11-110) › Section 18-11-107 - Required disclosure by closing agent - Definitions

(a)
As used in this section:
(1)
"Agricultural 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)
"Closing agent" means a person that facilitates a closing.
(b)
A closing agent shall provide a written disclosure statement before or at the time of closing a real estate transaction that makes a buyer of real property aware that:
(1)
The real property may be located within or near a rural area; and
(2)
Agricultural operations on real property nearby are protected under §
2-4-101
et seq. and shall not be found to be a public or private nuisance if the agricultural operation employs methods or practices that are commonly or reasonably associated with agricultural production.
(c)
A cause of action shall not arise against and liability shall not be imposed upon a closing agent or a closing agent's employer due to a failure to provide a buyer of real property the written disclosure statement required under subsection (b) of this section.
Added by Act 2019, No. 515,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 1 - OWNERSHIP AND POSSESSION (§§ 18-11-101 — 18-11-110) › Section 18-11-108 - Liability for criminal acts

(a)
A criminal act committed on real property by a third party is not foreseeable in any circumstance by a person having an interest in the real property, including without limitation:
(1)
An owner;
(2)
A landlord;
(3)
A tenant; or
(4)
A lienholder.
(b)
Except as provided in subsection (c) of this section, a person having an interest in real property shall not be liable to a licensee, invitee, trespasser, employee, agent, or any other person for the unforeseeable criminal acts of a third party committed on his or her real property.
(c)
This section does not:
(1)
Establish or repeal the doctrine of infra hospitium, which means in the care or custody of the innkeeper, or change the liability of an innkeeper or the operator of a public lodging; and
(2)
Expand or reduce the obligation or liabilities of an employer or principal for criminal acts committed under the doctrine of respondeat superior, which makes the principal liable to a third party for any loss caused by the principal's agent.
Added by Act 2019, No. 496,§ 2, eff. 3/18/2019.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 1 - OWNERSHIP AND POSSESSION (§§ 18-11-101 — 18-11-110) › Section 18-11-109 - Property owner right to repair - Definition

(a)
As used in this section, "premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities found on real property.
(b)
A real property owner has the right to:
(1)
Repair any defect or disrepair found on the premises owned by the real property owner; and
(2)
Maintain in good repair the premises owned by the real property owner.
(c)
This section does not limit the authority of the state, county, or municipality to adopt and enforce state building codes and fire prevention standards, require permits, or abate nuisances that do not distinguish between a primary residence and single-family rental property.
Added by Act 2021, No. 1073,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 1 - OWNERSHIP AND POSSESSION (§§ 18-11-101 — 18-11-110) › Section 18-11-110 - Land ownership by prohibited foreign-party-controlled business prohibited - Definitions

(a)
As used in this section:
(1)
"Controlling interest" means an ownership interest of fifty percent (50%) or more, in the aggregate;
(2)
"Prohibited foreign party" means the same as in §
18-11-802
; and
(3)
"Prohibited foreign-party-controlled business" means a corporation, company, association, firm, partnership, society, joint-stock company, trust, estate, or other legal entity whose controlling interest is owned by a prohibited foreign party.
(b)
(1)
A prohibited foreign-party-controlled business shall not acquire by grant, purchase, devise, descent, or otherwise any interest in public or private land in this state.
(2)
A party may not hold public or private land as an agent, trustee, or other fiduciary for a prohibited foreign-party-controlled business in violation of this section.
(c)
(1)
A prohibited foreign-party-controlled business entity in violation of this section shall have two (2) years to divest of the public or private land.
(2)
If a prohibited foreign-party-controlled business entity does not divest the public or private land as required by subdivision (c)(1) of this section, the Attorney General shall commence an action in the circuit court within the jurisdiction of the public or private land.
(3)
(A)
If the public or private land is held in violation of this section, the circuit court shall order that the public or private land be sold through judicial foreclosure.
(B)
Proceeds of the sale shall be disbursed to lien holders, in the order of priority, except for liens which under the terms of the sale are to remain on the public or private land.
(4)
The Attorney General shall promptly record a copy of the following in the local land records:
(A)
Upon commencement, notice of the pendency of an action brought under subdivision (c)(2) of this section; and
(B)
The order for the sale of the public or private land under subdivision (c)(3)(A) of this section.
(d)
A prohibited foreign-party-controlled business entity shall upon conviction be guilty of a felony punishable by not more than two (2) years' imprisonment in the custody of the Division of Correction or a fine of fifteen thousand dollars ($15,000), or both.
(e)
It is an affirmative defense to prosecution under this section that a prohibited foreign-party-controlled business entity is a resident alien of the State of Arkansas.
(f)
Title to public or private land is not invalid or subject to divestiture due to a violation of this section by:
(1)
Any former owner; or
(2)
Another person holding or owning a former interest in the public or private land.
(g)
No person not subject to this section shall be required to determine or inquire into whether another person is or may be subject to this section.
Added by Act 2023, No. 636,§ 2, eff. 8/1/2023.