reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 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.
Acts 1875 (Adj. Sess.), No. 86, §§ 2, 3, p. 165; C. & M. Dig., §§ 8644, 8645; Pope's Dig., §§ 11377, 11378; A.S.A. 1947, §§ 34-2112, 34-2113.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 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.
Civil Code, § 420; C. & M. Dig., § 8654; Pope's Dig., § 11387; A.S.A. 1947, § 34-2116.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 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.
Acts 1885, No. 12, §§ 1, 2, p. 16; C. & M. Dig., §§ 8655, 8656; Pope's Dig., §§ 11389, 11390; A.S.A. 1947, §§ 34-2117, 34-2118.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 8 - RECOVERY OF PERSONAL PROPERTY AND REPLEVIN (§§ 18-60-801 — 18-60-822) › Section 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.
Civil Code, § 362; C. & M. Dig., § 8653; Pope's Dig., § 11386; A.S.A. 1947, § 34-2115.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 9 - VACATING PUBLIC UTILITY EASEMENTS (§§ 18-60-901 — 18-60-904) › Section 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.
Acts 1987, No. 494, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 9 - VACATING PUBLIC UTILITY EASEMENTS (§§ 18-60-901 — 18-60-904) › Section 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.
Acts 1987, No. 494, § 2.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 9 - VACATING PUBLIC UTILITY EASEMENTS (§§ 18-60-901 — 18-60-904) › Section 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.
Acts 1987, No. 494, § 3.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 9 - VACATING PUBLIC UTILITY EASEMENTS (§§ 18-60-901 — 18-60-904) › Section 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.
Acts 1987, No. 494, § 4.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 10 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 18-60-1001 — 18-60-1014) › Section 18-60-1001 - Short title

This subchapter may be cited as the "Uniform Partition of Heirs Property Act".
Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 10 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 18-60-1001 — 18-60-1014) › Section 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.
Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 10 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 18-60-1001 — 18-60-1014) › Section 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.
Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 10 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 18-60-1001 — 18-60-1014) › Section 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.
Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 10 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 18-60-1001 — 18-60-1014) › Section 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.
Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 10 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 18-60-1001 — 18-60-1014) › Section 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.
Amended by Act 2017, No. 1106,§ 2, eff. 8/1/2017.
Amended by Act 2017, No. 1106,§ 1, eff. 8/1/2017.
Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 10 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 18-60-1001 — 18-60-1014) › Section 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.
Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 10 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 18-60-1001 — 18-60-1014) › Section 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.
Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 10 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 18-60-1001 — 18-60-1014) › Section 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.
Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 10 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 18-60-1001 — 18-60-1014) › Section 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.
Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 10 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 18-60-1001 — 18-60-1014) › Section 18-60-1012 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 10 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 18-60-1001 — 18-60-1014) › Section 18-60-1013 - Relation to Electronic Signatures in Global and National Commerce Act

This subchapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act,
15 U.S.C. Section 7001
et seq., but does not modify, limit, or supersede Section 101(c) of that act,
15 U.S.C. Section 7001(c)
, or authorize electronic delivery of any of the notices described in Section 103(b) of that act,
15 U.S.C. Section 7003(b)
.
Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 10 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 18-60-1001 — 18-60-1014) › Section 18-60-1014 - Effective date

This subchapter takes effect January 1, 2016.
Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 61 - STATUTES OF LIMITATIONS (§§ 18-61-101 — 18-61-106) › Section 18-61-101 - Actions to recover land, tenements, or hereditaments

(a)
(1)
No person or his or her heirs shall have, sue, or maintain any action or suit, either in law or equity, for any lands, tenements, or hereditaments after seven (7) years once his or her right to commence, have, or maintain the suit shall have come, fallen, or accrued.
(2)
All suits, either in law or equity, for the recovery of any lands, tenements, or hereditaments shall be had and sued within seven (7) years next after the title or cause of action accrued and no time after the seven (7) years shall have passed.
(b)
If any person who is, or shall be, entitled to commence and prosecute a suit or action in law or equity is, or shall be, at the time the right or title first accrued come or fallen within the age of twenty-one (21) or non compos mentis, the person or his or her heirs, shall and may, notwithstanding the seven (7) years may have expired, bring his or her suit or action if the infant or non compos mentis, or his or her heirs, shall bring it within three (3) years next after full age or coming of sound mind.
(c)
No cumulative disability shall prevent the bar formed and constituted by the saving of this section.
(d)
This section shall not apply to lands which have been sold to any improvement district of any kind or character for taxes due the districts, nor to any taxes due any improvement districts, but the lien of these taxes shall continue until paid.
(e)
(1)
Subsections (a)-(c) of this section do not apply to the circumstances set forth in subdivisions (e)(2) and (3) of this section.
(2)
The public's right to use an unpaved road established by an easement is abandoned if:
(A)
Access is denied by a gate across the road; and
(B)
The gate is closed and locked continuously, other than briefly to allow access by the owner or others with the owner's express permission, for one (1) year.
(3)
An action to assert the public's right to use an unpaved road established by an easement is barred after the easement is abandoned under subdivision (e)(2) of this section.
(4)
This subsection does not apply to:
(A)
A road or highway maintained by the State of Arkansas;
(B)
A road maintained or accepted for perpetual maintenance by a county;
(C)
A road maintained by an improvement district;
(D)
A road within the jurisdictional limits of a city of the first class or city of the second class; or
(E)
The claim or right of any person, his or her heirs, successors, assigns, or tenants who use the unpaved road as a means of ingress and egress to lands owned or leased by that person, his or her heirs, successors, assigns, or tenants.
Amended by Act 2015, No. 1006,§ 1, eff. 7/22/2015.
Acts 1851, § 2, p. 145; 1919, No. 100, § 1; C. & M. Dig., § 6942; Pope's Dig., § 8918; Acts 1945, No. 82, § 1; A.S.A. 1947, § 37-101.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 61 - STATUTES OF LIMITATIONS (§§ 18-61-101 — 18-61-106) › Section 18-61-102 - Entry upon land or tenements - Exception for unpaved road easements

(a)
An entry upon lands or tenements shall not be deemed sufficient or valid as a claim unless an action is commenced thereon within one (1) year after the entry and within seven (7) years from the time when the right to make the entry descended or accrued.
(b)
This section does not apply to the circumstances set forth in §
18-61-101(e)(2) and (3)
.
Amended by Act 2015, No. 1006,§ 2, eff. 7/22/2015.
Rev. Stat., ch. 91, § 2; C. & M. Dig., § 6944; Pope's Dig., § 8922; Acts 1945, No. 82, § 1; A.S.A. 1947, § 37-104.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 61 - STATUTES OF LIMITATIONS (§§ 18-61-101 — 18-61-106) › Section 18-61-103 - Ejectment

No action of ejectment, when the plaintiff does not claim title to the lands, shall be brought or maintained when the plaintiff, or his or her testator or intestate, has been five (5) years out of possession.
Rev. Stat., ch. 53, § 20; C. & M. Dig., § 6948; Pope's Dig., § 8926; A.S.A. 1947, § 37-106.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 61 - STATUTES OF LIMITATIONS (§§ 18-61-101 — 18-61-106) › Section 18-61-104 - Forcible entry and detainer - Unlawful detainer

Three (3) years' peaceable and uninterrupted possession of the premises immediately preceding the filing of a complaint for forcible entry and detainer or unlawful detainer may be pleaded by any defendant in bar of the plaintiff's demand for possession.
Acts 1875, No. 85, § 20, p. 196; C. & M. Dig., § 4858; Pope's Dig., § 6055; A.S.A. 1947, § 37-107.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 61 - STATUTES OF LIMITATIONS (§§ 18-61-101 — 18-61-106) › Section 18-61-105 - Recovery of lands sold at judicial sales generally

All actions against the purchaser or his or her heirs or assigns for the recovery of lands sold at judicial sales shall be brought within five (5) years after the date of the sale and not thereafter, except for minors, persons of unsound mind, and persons imprisoned overseas, the period shall be three (3) years after this disability shall have been removed.
Rev. Stat., ch. 91, § 35; C. & M. Dig., § 6946; Pope's Dig., § 8924; A.S.A. 1947, § 37-108.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 61 - STATUTES OF LIMITATIONS (§§ 18-61-101 — 18-61-106) › Section 18-61-106 - Recovery of lands held under tax title

(a)
No action for the recovery of any lands or for the possession thereof against any person or persons, their heirs and assigns, who may hold such lands by virtue of a purchase thereof at a sale by the collector, or the Commissioner of State Lands, for the nonpayment of taxes, or who may have purchased the lands from the state by virtue of any act providing for the sale of lands forfeited to the state for the nonpayment of taxes, or who may hold the land under a donation deed from the state, shall be maintained, unless it appears that the plaintiff, his or her ancestors, predecessors, or grantors, was seized or possessed of the lands in question within two (2) years next before the commencement of the suit or action.
(b)
This section shall not apply to lands which have been sold to any improvement district of any kind or character for taxes due such districts, nor to any taxes due any such improvement districts, but the lien of said taxes shall continue until paid.
Acts 1857, § 1, p. 80; C. & M. Dig., § 6947; Acts 1937, No. 7, § 1; Pope's Dig., § 8925; Acts 1945, No. 82, § 2; A.S.A. 1947, § 34-1419.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 1 - GENERAL PROVISIONS (§§ 19-1-201 — 19-1-703) › Subchapter 2 - FISCAL DUTIES OF DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 19-1-201 — 19-1-214) › Section 19-1-201 - Chief Fiscal Officer of the State

The Secretary of the Department of Finance and Administration shall be the Chief Fiscal Officer of the State.
Amended by Act 2019, No. 910,§ 3427, eff. 7/1/2019.
Acts 1971, No. 585, § 17; A.S.A. 1947, § 13-202.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 1 - GENERAL PROVISIONS (§§ 19-1-201 — 19-1-703) › Subchapter 2 - FISCAL DUTIES OF DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 19-1-201 — 19-1-214) › Section 19-1-202 - Secretary

(a)
The Secretary of the Department of Finance and Administration shall be at least thirty (30) years of age, of good moral character, and of demonstrated ability in the field of his or her employment.
(b)
Before entering upon his or her duties of employment, the Secretary of the Department of Finance and Administration shall take, subscribe, and file in the office of the Secretary of State an oath or affirmation to support the United States Constitution and the Arkansas Constitution and to faithfully discharge the duties of the employment upon which he or she is about to enter.
(c)
(1)
The Secretary of the Department of Finance and Administration shall furnish bond to the state, with a corporate surety thereon, in the penal sum of ten thousand dollars ($10,000), conditioned upon the faithful performance of his or her duties and for the proper accounting for all funds received and disbursed by him or her.
(2)
The Secretary of the Department of Finance and Administration shall be the disbursing agent for the Department of Finance and Administration but shall not be required to furnish additional bond as that disbursing agent, nor shall he or she be required to furnish additional bond as disbursing agent of other appropriations for which he or she may be designated disbursing agent under or pursuant to any law of this state unless so directed by the General Assembly.
(3)
The Secretary of the Department of Finance and Administration, if he or she deems it advisable, may require other employees of his or her office to furnish bond, in such penal sums as he or she shall determine.
(4)
(A)
The original of the bond of the Secretary of the Department of Finance and Administration shall be filed in the office of the Secretary of State, and an executed counterpart thereof shall be filed in the office of the Auditor of State.
(B)
Any bonds which may be required of employees shall be filed with the Secretary of the Department of Finance and Administration.
Amended by Act 2019, No. 910,§ 3428, eff. 7/1/2019.
Acts 1955, No. 315, § 3; 1971, No. 707, § 1; A.S.A. 1947, § 13-203.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 1 - GENERAL PROVISIONS (§§ 19-1-201 — 19-1-703) › Subchapter 2 - FISCAL DUTIES OF DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 19-1-201 — 19-1-214) › Section 19-1-203 - Deputy director

The Deputy Director of the Department of Finance and Administration, acting under the authority granted to him or her by the Secretary of the Department of Finance and Administration, and under the laws relating to budget and accounting procedure, shall:
(1)
Prepare and publish all necessary rules for carrying out the budget and accounting laws of the state and have the authority to require of any state agency the necessary fiscal information for carrying out such laws;
(2)
Acting in behalf of the Governor and the secretary, prepare the preliminary budget information biennially to be submitted to the Legislative Council and to the members of the General Assembly for consideration of the budget requirements of all state agencies; and
(3)
Be prepared, when called upon to do so, to appear before the Legislative Council and committees of the General Assembly for the purpose of supplying information and reporting upon the financial condition of the state or any of its agencies.
Amended by Act 2019, No. 315,§ 1690, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3429, eff. 7/1/2019.
Acts 1955, No. 315, § 7; A.S.A. 1947, § 13-208; Acts 2001, No. 1453, § 1.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 1 - GENERAL PROVISIONS (§§ 19-1-201 — 19-1-703) › Subchapter 2 - FISCAL DUTIES OF DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 19-1-201 — 19-1-214) › Section 19-1-204 - Personnel

(a)
Except as otherwise provided for by this subchapter, all of the personnel of the Department of Finance and Administration shall be employed by and serve at the pleasure of the Secretary of the Department of Finance and Administration.
(b)
Nothing contained in this subchapter shall be so construed as to inhibit the rights of any employees of the department who shall have gained civil service or merit system status under any law of this state.
Amended by Act 2019, No. 910,§ 3430, eff. 7/1/2019.
Acts 1955, No. 315, § 7; A.S.A. 1947, § 13-207.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 1 - GENERAL PROVISIONS (§§ 19-1-201 — 19-1-703) › Subchapter 2 - FISCAL DUTIES OF DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 19-1-201 — 19-1-214) › Section 19-1-205 - Office

The Building Authority Division shall assign to the Department of Finance and Administration and divisions of the department suitable office space with the necessary conveniences for the transaction of the department's business and the safekeeping of the department's records.
Amended by Act 2019, No. 910,§ 6079, eff. 7/1/2019.
Amended by Act 2015EX1, No. 8,§ 9, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 9, eff. 7/1/2015.
Acts 1955, No. 315, § 4; A.S.A. 1947, § 13-204; Acts 2009, No. 251, § 1.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 1 - GENERAL PROVISIONS (§§ 19-1-201 — 19-1-703) › Subchapter 2 - FISCAL DUTIES OF DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 19-1-201 — 19-1-214) › Section 19-1-206 - Seal

The Governor shall procure an official seal for the Department of Finance and Administration. Every paper executed by the Secretary of the Department of Finance and Administration or by any other employee of the department and sealed with its official seal shall be received in evidence in any court or other tribunal and may be recorded in the same manner and with like effect as deeds regularly acknowledged.
Amended by Act 2019, No. 910,§ 3431, eff. 7/1/2019.
Acts 1955, No. 315, § 4; A.S.A. 1947, § 13-204.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 1 - GENERAL PROVISIONS (§§ 19-1-201 — 19-1-703) › Subchapter 2 - FISCAL DUTIES OF DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 19-1-201 — 19-1-214) › Section 19-1-207 - General accounting system

The Secretary of the Department of Finance and Administration shall:
(1)
Have the duty and responsibility of enforcing the general accounting and fiscal procedures of the State of Arkansas which have been placed upon him or her by law;
(2)
Exercise supervision over the general accounting system of the state and of state agencies; and
(3)
Maintain in his or her office a system of accounts and control which will at all times reflect:
(A)
The unencumbered balance of all funds and accounts carried on the books of the Auditor of State and the Treasurer of State;
(B)
The distribution and allotment of state revenues; and
(C)
A detailed record of the receipts and expenditures of all State Treasury funds.
Amended by Act 2019, No. 910,§ 3432, eff. 7/1/2019.
Acts 1955, No. 315, § 7; A.S.A. 1947, § 13-207.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 1 - GENERAL PROVISIONS (§§ 19-1-201 — 19-1-703) › Subchapter 2 - FISCAL DUTIES OF DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 19-1-201 — 19-1-214) › Section 19-1-208 - Rules

The Secretary of the Department of Finance and Administration is vested with the authority to make such reasonable rules, not inconsistent with the law, as shall be necessary or desirable for the orderly discharge of the duties vested in the Department of Finance and Administration.
Amended by Act 2019, No. 315,§ 1691, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3433, eff. 7/1/2019.
Acts 1955, No. 315, § 7; A.S.A. 1947, § 13-207.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 1 - GENERAL PROVISIONS (§§ 19-1-201 — 19-1-703) › Subchapter 2 - FISCAL DUTIES OF DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 19-1-201 — 19-1-214) › Section 19-1-209 - Publications required

(a)
The Secretary of the Department of Finance and Administration shall publish and furnish copies to all state agencies of such rules as are issued by him or her, pursuant to the provisions of law, providing for a general accounting procedure.
(b)
The secretary shall also publish, not less often than biennially, a financial report covering the fiscal affairs of the state and state agencies and shall make the report available to:
(1)
Members of the General Assembly;
(2)
State agencies; and
(3)
Others having an interest therein.
Amended by Act 2019, No. 315,§ 1692, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3435, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3434, eff. 7/1/2019.
Acts 1955, No. 315, § 7; A.S.A. 1947, § 13-207.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 1 - GENERAL PROVISIONS (§§ 19-1-201 — 19-1-703) › Subchapter 2 - FISCAL DUTIES OF DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 19-1-201 — 19-1-214) › Section 19-1-210 - Recordkeeping

(a)
For the purpose of effectively carrying out the fiscal procedures provided for by law, the Secretary of the Department of Finance and Administration shall have the authority to install such recordkeeping and other procedures in his or her own office and in other state offices and departments as he or she shall deem necessary or advisable.
(b)
The secretary shall have the authority to require from any state agency any fiscal information which will be necessary for providing adequate records in his or her office and shall prescribe uniform records and forms for all vouchers and other documents which are to be transmitted to the Department of Finance and Administration.
Amended by Act 2019, No. 910,§ 3436, eff. 7/1/2019.
Acts 1955, No. 315, § 7; A.S.A. 1947, § 13-207.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 1 - GENERAL PROVISIONS (§§ 19-1-201 — 19-1-703) › Subchapter 2 - FISCAL DUTIES OF DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 19-1-201 — 19-1-214) › Section 19-1-211 - Investigations

(a)
(1)
In any matter within the jurisdiction of the Department of Finance and Administration, the Secretary of the Department of Finance and Administration shall have the power to make investigations and may delegate that power to any division or section head of the department.
(2)
For this purpose, the secretary shall have the power to subpoena witnesses and require the production of any books, records, papers, or documents that may be material or relevant as evidence and to administer oaths to and take the testimony of witnesses.
(b)
(1)
In case of disobedience to any subpoena or other process, the secretary may invoke the aid, with the written approval of the Governor, of the Pulaski County Circuit Court in requiring the testimony of witnesses and the production of evidence, books, records, papers, or documents.
(2)
(A)
In case of refusal to obey the subpoena issued to any person, firm, or corporation, the circuit court shall issue an order calling such person, firm, or corporation to appear before the secretary or other employee designated by the secretary and to produce all books and papers so ordered and give evidence touching the matter in question.
(B)
Any failure to obey the order of the circuit court may be punished by the circuit court as contempt of the circuit court.
(c)
A subpoena for a witness may be issued by the secretary or by any division or section head of the department in whom any such authority may have been vested by the secretary and shall be served as provided by law for the service of other subpoenas.
(d)
(1)
(A)
The failure or refusal of any witness to appear or to produce any books, papers, or documents required by the secretary and to submit them for inspection or the refusal to answer any relevant question propounded by the secretary shall constitute a violation punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(B)
Each failure or refusal by any witness to appear or produce any such books, papers, or documents shall constitute a separate offense.
(2)
False testimony given in any such inquiry shall constitute perjury punishable as provided by law.
Amended by Act 2019, No. 910,§ 3437, eff. 7/1/2019.
Acts 1955, No. 315, § 7; A.S.A. 1947, § 13-207; Acts 2005, No. 1994, § 100.
Arkansas Code of 1987 (2023) › Title 19 - PUBLIC FINANCE (§§ 19-1-201 — 19) › Chapter 1 - GENERAL PROVISIONS (§§ 19-1-201 — 19-1-703) › Subchapter 2 - FISCAL DUTIES OF DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 19-1-201 — 19-1-214) › Section 19-1-212 - Duty to avoid deficit

It shall be the duty and responsibility of the Secretary of the Department of Finance and Administration to:
(1)
Keep advised at all times as to the revenues and other income available for the operation, maintenance, and improvement of all state agencies;
(2)
Exercise the powers conferred upon him or her by law to see that the state and all state agencies are maintained on a basis of accounting recommended by the Governmental Accounting Standards Board for governmental purposes;
(3)
See that no obligation shall be incurred which shall not be payable when the obligation shall become due; and
(4)
Exercise his or her powers to see that the funds on hand and estimated to become available to each state agency shall be sufficient to maintain the state and all of its agencies on a sound financial basis without incurring a deficit.
Amended by Act 2019, No. 910,§ 3438, eff. 7/1/2019.
Acts 1955, No. 315, § 7; A.S.A. 1947, § 13-207; Acts 2001, No. 1453, § 2.