reglab/statecodes huggingface dataset:
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 14 - ARKANSAS TIME-SHARE ACT (§§ 18-14-101 — 18-14-703) › Subchapter 4 - PROTECTION OF PURCHASERS (§§ 18-14-401 — 18-14-412) › Section 18-14-410 - Liens

(a)
(1)
Before a transfer of a time-share interest, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interest or shall provide a surety bond or other insurance against the lien from a company acceptable to the Arkansas Real Estate Commission; or
(2)
An underlying lien shall contain a provision in which the lienholder subordinates its rights to that of a time-share purchaser who fully complies with the contract of sale.
(b)
(1)
If a lien other than a mortgage or deed of trust becomes effective against more than one (1) time-share interest in a time-share property, a time-share interest owner may get a release of his or her time-share interest from the lien upon payment of the amount of the lien attributable to his or her time-share interest unless a time-share interest owner or his or her predecessor in title agrees otherwise with the lienor.
(2)
The payment shall be proportionate to the ratio that the time-share interest owner's liability bears to the liabilities of all time-share interest owners whose interests are subject to the lien.
(3)
Upon receipt of payment, the lienholder shall promptly deliver to the time-share interest owner a release of the lien covering that time-share interest.
(4)
After payment, the managing entity shall not assess or have a lien against that time-share interest for any part of the expenses incurred with that lien.
Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013.
Acts 1983, No. 294, Art. 3, § 3-107; A.S.A. 1947, § 50-1321.
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 14 - ARKANSAS TIME-SHARE ACT (§§ 18-14-101 — 18-14-703) › Subchapter 4 - PROTECTION OF PURCHASERS (§§ 18-14-401 — 18-14-412) › Section 18-14-411 - Financial records - Examination

(a)
The person or entity responsible for making or collecting common expense assessments or maintenance assessments shall keep detailed financial records.
(b)
All financial and other records shall be made reasonably available for examination by any time-share interest owner and his or her authorized agents.
(c)
(1)
An escrow agent that receives funds related to time-share interest transfer services provided to a consumer time-share reseller shall retain all resale transfer agreements, escrow account records, and affidavits received under this chapter for a period of four (4) years.
(2)
An escrow agent that intentionally fails to comply with the provisions of this chapter concerning the establishment of an escrow account, deposits of funds into escrow, withdrawal therefrom, and maintenance of records is guilty of a Class D felony.
Amended by Act 2021, No. 733,§ 3, eff. 7/28/2021.
Amended by Act 2013, No. 710,§ 4, eff. 8/16/2013.
Acts 1983, No. 294, Art. 3, § 3-110; A.S.A. 1947, § 50-1324.
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 14 - ARKANSAS TIME-SHARE ACT (§§ 18-14-101 — 18-14-703) › Subchapter 5 - ADVERTISING (§§ 18-14-501 — 18-14-505) › Section 18-14-501 - Filing of advertising materials

(a)
All advertising materials proposed for use or used in this state by a person with the offer or sale of a time-share property are subject to the review of the Arkansas Real Estate Commission upon its request.
(b)
Advertising materials include:
(1)
Promotional brochures, pamphlets, advertisements, or other materials to be distributed to the public concerning the sale of time-shares;
(2)
Transcripts of all radio and television advertisements;
(3)
Offers of travel, accommodations, meals, or entertainment at no cost or reduced cost;
(4)
Direct mail solicitation;
(5)
Advertising, including testimonials or endorsements;
(6)
Scripts or standardized narrative for use in making telephone solicitations; and
(7)
Websites or other electronic media.
Amended by Act 2013, No. 710,§ 5, eff. 8/16/2013.
Acts 1983, No. 294, Art. 6, § 6-102; 1983, No. 765, § 6; A.S.A. 1947, § 50-1335.
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 14 - ARKANSAS TIME-SHARE ACT (§§ 18-14-101 — 18-14-703) › Subchapter 5 - ADVERTISING (§§ 18-14-501 — 18-14-505) › Section 18-14-502 - False advertising declared unlawful

(a)
It is unlawful for a person with intent, directly or indirectly, to offer for sale or sell time-shares in this state or to authorize, use, direct, or aid in the publication, distribution, or circulation of an advertisement, radio broadcast, telecast, or other electronic media concerning the time-share plan in which the time-share properties are offered that contains a statement, pictorial representation, or sketch that is false or misleading.
(b)
This section does not hold the publisher or employee of a newspaper, a job printer, a broadcaster or telecaster, or a magazine publisher, or an employee thereof, liable for the publication referred to in this section unless the publisher, employee, or printer has actual knowledge of its falsity or has an interest as an owner or agent in the time-share plan advertised.
Amended by Act 2013, No. 710,§ 5, eff. 8/16/2013.
Acts 1983, No. 294, Art. 6, § 6-101; A.S.A. 1947, § 50-1334.
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 14 - ARKANSAS TIME-SHARE ACT (§§ 18-14-101 — 18-14-703) › Subchapter 5 - ADVERTISING (§§ 18-14-501 — 18-14-505) › Section 18-14-504 - Unfair acts or practices

(a)
It is unlawful for a person to offer by mail, telephone, electronic media, or in person a prize or gift, with the intent to offer a sales presentation for a time-share plan, without also disclosing in a clear and unequivocal way that there will be a sales presentation when making the offer of the prize or gift.
(b)
The following unfair acts or practices undertaken by, or omissions of, a person in the operation of a prize or gift promotional offer for a time-share plan are prohibited:
(1)
Failing to clearly and conspicuously disclose the rules, terms, and conditions of the promotional program, a description of the prizes offered, if any, and the date that the prize or gift offer will terminate or expire;
(2)
(A)
Failing to disclose the retail value of the gift or prize and the odds of winning.
(B)
The person making the offer shall maintain a sufficient inventory of the gift or prize to be able to equal the reasonable response to the offer;
(3)
Failing to obtain the express written or oral consent of individuals before their names are used for a promotional purpose with a mailing to a third person;
(4)
(A)
Failing to award and distribute at least one (1) of each prize or gift of the value and type represented in the promotional program by the day and year specified in the promotion.
(B)
If a promotion promises the award of a prescribed number of each prize, this number of prizes shall be awarded by the date and year specified in the promotion; or
(5)
Misrepresenting in any way the odds of receiving a prize or gifts or the rules, terms, or conditions of participation in the promotional program.
Amended by Act 2013, No. 710,§ 5, eff. 8/16/2013.
Acts 1983, No. 294, Art. 6, § 6-104; A.S.A. 1947, § 50-1337.
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 14 - ARKANSAS TIME-SHARE ACT (§§ 18-14-101 — 18-14-703) › Subchapter 5 - ADVERTISING (§§ 18-14-501 — 18-14-505) › Section 18-14-505 - Enforcement

If the Arkansas Real Estate Commission determines that a person is violating or failing to comply with the requirements of this subchapter, the commission may order the person to cease and desist from the violations and may take enforcement action under §
18-14-201
et seq.
Amended by Act 2013, No. 710,§ 5, eff. 8/16/2013.
Acts 1983, No. 294, Art. 6, § 6-105; A.S.A. 1947, § 50-1338.
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 14 - ARKANSAS TIME-SHARE ACT (§§ 18-14-101 — 18-14-703) › Subchapter 6 - FINANCING (§§ 18-14-601 — 18-14-602) › Section 18-14-601 - Financing of time-share plans

(a)
In the financing of a time-share plan, the developer and its successors in interest shall retain financial records of the schedule of payments required to be made and the payments made to a person or entity that is the lienholder of an underlying blanket mortgage, deed of trust, contract of sale, or other lien or encumbrance.
(b)
Any transfer of the developer's interest in the time-share plan to a third person is subject to the obligations of the developer to the extent the obligations were originally established in written documents recorded in the real estate records and not existing solely from the offering of materials or filings with a governmental authority.
Amended by Act 2013, No. 710,§ 6, eff. 8/16/2013.
Acts 1983, No. 294, Art. 5, § 5-101; A.S.A. 1947, § 50-1332.
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 14 - ARKANSAS TIME-SHARE ACT (§§ 18-14-101 — 18-14-703) › Subchapter 6 - FINANCING (§§ 18-14-601 — 18-14-602) › Section 18-14-602 - Protection of purchasers from subsequent underlying lien

The developer whose project is subjected to an underlying blanket lien or encumbrance subsequent to the transfer of a time-share interest shall protect nondefaulting purchasers from foreclosure by:
(1)
Obtaining from the lienholder a nondisturbance clause, subordination agreement, or partial release of the lien for those time-share interests sold; or
(2)
Providing a surety bond or insurance against the lien from a company acceptable to the Arkansas Real Estate Commission.
Amended by Act 2013, No. 710,§ 6, eff. 8/16/2013.
Acts 1983, No. 294, Art. 5, § 5-102; A.S.A. 1947, § 50-1333.
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 14 - ARKANSAS TIME-SHARE ACT (§§ 18-14-101 — 18-14-703) › Subchapter 7 - CAMPING SITES (§§ 18-14-701 — 18-14-703) › Section 18-14-701 - Definition

As used in this subchapter, "time-share plan" shall have the same meaning as used in §
18-14-102
.
Amended by Act 2013, No. 710,§ 7, eff. 8/16/2013.
Acts 1991, No. 619, § 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 14 - ARKANSAS TIME-SHARE ACT (§§ 18-14-101 — 18-14-703) › Subchapter 7 - CAMPING SITES (§§ 18-14-701 — 18-14-703) › Section 18-14-702 - Camping site - Buyer's right to cancel

(a)
In addition to any other right to revoke an offer, the buyer has the absolute right to cancel a contract or offer for the purchase of a camping site under a time-share plan until midnight of the fifth calendar day after the day that the buyer signs an agreement, excluding Sundays and the holidays under §
1-5-101
.
(b)
Cancellation occurs if the buyer returns to the seller the notice of cancellation provided by the seller.
(c)
The notice of cancellation may be sent by registered mail.
Amended by Act 2013, No. 710,§ 7, eff. 8/16/2013.
Acts 1991, No. 619, § 2.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-15-101 — 18-15-104) › Section 18-15-101 - Deduction from compensation of taxes due on real property

(a)
When the State of Arkansas or any of its agencies or departments shall purchase or take by eminent domain any real property for any purpose and any ad valorem taxes are due, or will become due, during the calendar year in which the purchase or taking occurs, then the state or its agencies or departments purchasing or taking the real property shall withhold from the compensation therefor the amount of the taxes so due, or to become due, during the calendar year and shall remit them to the tax collector of the county in which the real property is located.
(b)
If the state or any of its agencies or departments shall fail to withhold and pay the tax upon real property as required pursuant to this section, the county in which the property is located shall be entitled to file a claim with the Arkansas State Claims Commission and to recover the amount of taxes on property purchased or taken by eminent domain as provided in this chapter from the state or its agency or department failing to comply with this section.
Acts 1969, No. 54, § 1; A.S.A. 1947, § 35-102.1.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-15-101 — 18-15-104) › Section 18-15-102 - Actions against corporations appropriating private property

(a)
Whenever any corporation authorized by law to appropriate private property for its use shall have entered upon and appropriated any real or personal property, the owner of the property shall have the right to bring an action against the corporation in the circuit court of the county in which the property is situated for damages for the appropriation at any time before an action at law or in equity for the recovery of the property so taken, or compensation therefor, would be barred by the statute of limitations.
(b)
The measure of recovery in the action shall be the same as that governing proceedings by corporations for the condemnation of property.
(c)
Proceedings instituted under this section shall be governed by the rules of pleading and practice prescribed for the government of proceedings in the circuit court.
(d)
The defendant shall have the right to bring in all parties having or claiming an interest in the property in controversy.
(e)
The court shall make the proper orders of the distribution of the compensation recovered in the action among the parties as may be entitled thereto and shall include in the judgment in the proceedings an order condemning the property for the public use to which it may have been appropriated.
Acts 1893, No. 149, §§ 1, 2, p. 261; C. & M. Dig., §§ 3930-3932; Pope's Dig., §§ 4931-4933; A.S.A. 1947, §§ 35-101, 35-102.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-15-101 — 18-15-104) › Section 18-15-104 - Definitions

As used in this chapter:
(1)
"Abandoned property" means property that:
(A)
Has not been occupied or used for a commercial or residential purpose for at least one (1) year by a person with a legal or equitable right to occupy or use the property;
(B)
Has been cited for a violation of a housing, building, or fire code that has not been remedied within one hundred eighty (180) days from the date the citation was issued; and
(C)
Has accrued at least two (2) years of delinquent property taxes;
(2)
"Blighted property" means a building, in its current condition, that has been designated and cited as unfit for human use or habitation by the agency responsible for enforcement of housing, building, or fire codes because the:
(A)
Building is dilapidated, unsanitary, or unsafe;
(B)
Building is a fire hazard; or
(C)
Electricity, heating, or plumbing has been destroyed or removed;
(3)
(A)
"Public use" means the taking of private property by an entity authorized under this chapter using the power of eminent domain for the purpose of:
(i)
Possessing, developing, occupying, and owning property for the enjoyment of the general public or public agency;
(ii)
Possessing, occupying, and owning property for the necessary operations of a utility or common carrier that the general public has a right to use;
(iii)
Remediating and reselling blighted property; or
(iv)
Possessing and reselling abandoned property.
(B)
(i)
"Public use" does not include the taking of private property for the economic benefit of the general public, including without limitation for the purpose of an increase in the tax base, tax revenues, or employment.
(ii)
However, a taking of private property for a public use as defined in subdivision (3)(A) of this section is not prohibited because the public use also provides ancillary economic benefits; and
(4)
(A)
"State agency" means an office, board, commission, department, council, bureau, or other agency of state government.
(B)
"State agency" does not include the:
(i)
Arkansas Department of Transportation; or
(ii)
State Highway Commission.
Amended by Act 2021, No. 1044,§ 1, eff. 7/28/2021.
Added by Act 2021, No. 945,§ 2, 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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 2 - COUNTIES AND MUNICIPAL CORPORATIONS GENERALLY (§§ 18-15-201 — 18-15-202) › Section 18-15-201 - Power to condemn for parks, boulevards, and public buildings - Improvement districts

(a)
(1)
The right of eminent domain is granted to municipal corporations and to counties to condemn property for the purpose of parks, boulevards, and public buildings.
(2)
In case of municipal corporations, the parks and boulevards may be situated at a distance of not exceeding five (5) miles from the corporate limits and shall remain under the jurisdiction of the municipal corporation.
(b)
(1)
Improvement districts may be organized under §
14-88-201
et seq. to aid the municipal corporations to acquire the parks and boulevards.
(2)
(A)
The improvement districts may embrace the whole or any part of the territory of such municipal corporations.
(B)
The improvement districts may embrace territory benefited outside of the municipal corporations if a majority in value of the owners of real property in the adjacent territory and a majority in value of the owners of real property in that portion of the district within the municipal corporation shall file with the city or town council a petition thereof in the manner provided by Acts 1889, No. 18, § 2 [repealed].
(c)
The proceedings for the condemnation shall be in accordance with §§
18-15-301
-
18-15-307
.
Acts 1913, No. 85, § 1; C. & M. Dig., § 4008; Pope's Dig., § 5010; A.S.A. 1947, § 35-901.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 2 - COUNTIES AND MUNICIPAL CORPORATIONS GENERALLY (§§ 18-15-201 — 18-15-202) › Section 18-15-202 - Counties - Power to condemn for water and sewer facilities

(a)
(1)
In addition to the purposes for which counties are now authorized to exercise the power of eminent domain, counties are authorized to exercise that power for the purpose of acquiring property for water facilities and sewer facilities.
(2)
The counties shall exercise their power of eminent domain only as a last resort, and they shall make use of existing easements and rights-of-way to the extent practicable.
(b)
Counties shall exercise the power of eminent domain for the purposes set forth in subsection (a) of this section in accordance with the same procedures and methods by which municipalities are authorized to acquire property by exercising the power of eminent domain for municipal water works purposes, as set forth in §§
18-15-401
-
18-15-410
.
Acts 1985, No. 991, §§ 1, 2; A.S.A. 1947, §§ 35-919, 35-920.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 3 - MUNICIPAL CORPORATIONS GENERALLY (§§ 18-15-301 — 18-15-309) › Section 18-15-302 - Municipal corporations - Power to condemn - Compensation for condemnation - Taking cemetery land

(a)
There shall be included in the award of compensation and damages for taking land occupied by a cemetery the reasonable cost of a new site of at least equal size. The new site shall be approved by the State Board of Health and also by the circuit court in which the condemnation proceedings are instituted.
(b)
(1)
The order and judgment condemning a cemetery shall require the municipality, at its own expense, to remove all bodies, tombstones, and markers from the site of the original cemetery, to reinter the bodies in the new site, and to properly reset the tombstones and markers in the new site.
(2)
The court may require the municipality to deposit into the registry of the court a sum found by the court to be sufficient to ensure the performance of the obligation by the municipality.
(3)
Nothing contained in this section shall prevent a surviving spouse or next of kin of a person buried in the cemetery from removing the body to another cemetery selected by him or her, the municipality paying the reasonable cost thereof, provided that the cost under this section, if demanded by the next of kin, shall not be less than the amount paid by the municipality for the same service when bodies are removed to a cemetery selected by the municipality.
(c)
If any power, oil, gas, or any other public utility facilities shall be flooded by such an impounding lake, the lines may be likewise condemned, and the award of compensation and damages shall include the reasonable cost of relocating the power, oil, gas, or other public utility facility.
(d)
If any portion of any county road will be flooded by an impounding lake, the municipality shall pay to the county the cost of relocating that portion of road.
Acts 1875, No. 1, § 74, p. 1; 1955, No. 53, § 1; A.S.A. 1947, § 35-902.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 3 - MUNICIPAL CORPORATIONS GENERALLY (§§ 18-15-301 — 18-15-309) › Section 18-15-303 - Municipal corporations - Power to condemn - Proceedings - Controversy

(a)
(1)
When it shall be deemed necessary by any municipal corporation to enter upon or take private property for a permitted purpose, an application in writing shall be made to the circuit court of the proper county, or the judge thereof in vacation, describing as correctly as may be the property to be taken, the object proposed, and the name of the owner of each lot or parcel thereof.
(2)
Notice of the time and place of the application shall be given either personally in the ordinary manner of serving process or by publishing a copy of the application with a statement of the time and place at which it is to be made. Notice shall be published for three (3) weeks preceding the time of the application in some newspaper of general circulation in the county.
(b)
(1)
When the determination of questions in controversy in the proceedings is likely to retard the progress of construction, the court, or judge in vacation, shall designate an amount of money to be deposited by the municipal corporation, subject to the order of the court and for the purpose of making the compensation and paying damages when the amount thereof has been assessed. The court or judge shall designate the place of the deposit.
(2)
Whenever a deposit has been made in compliance with the order of the court or judge, it shall be lawful for the municipal corporation to enter upon the lands in controversy and proceed with its work of construction prior to the assessment and payment of damages and compensation.
Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., § 4009; Acts 1935, No. 155, § 1; Pope's Dig., § 5011; Acts 1953, No. 201, § 1; 1955, No. 53, § 1; A.S.A. 1947, § 35-902.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 3 - MUNICIPAL CORPORATIONS GENERALLY (§§ 18-15-301 — 18-15-309) › Section 18-15-304 - Hearing

(a)
If it appears to the court or judge that notice has been served ten (10) days before the time of application, or has been published as provided, and that the notice is reasonably specific and certain, then the court or judge may set a time for the inquiry into and assessment of compensation by a jury before the court or judge.
(b)
A jury shall be summoned for the purpose of making inquiry in the same manner that petit jurors are summoned in the circuit court for other purposes. The inquiry and assessment shall be made at the time appointed unless, for good cause, continued to another day to be specified.
(c)
If, at the time of the application, it appears that any of the owners of property sought to be condemned are infants or of unsound mind, a guardian ad litem shall be appointed.
(d)
The municipal corporation may be required to file a more full and accurate description of the property to be taken and the object proposed and maps, plats, and surveys if the court or judge deems them necessary or proper.
Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., §§ 4010-4012; Pope's Dig., §§ 5012-5014; A.S.A. 1947, § 35-903.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 3 - MUNICIPAL CORPORATIONS GENERALLY (§§ 18-15-301 — 18-15-309) › Section 18-15-305 - Payment of assessment - Disputes

(a)
The assessment shall be made on each lot or parcel of land separately and distributed to the owner of each tract, according to their true interest and ownership, on the order of the court.
(b)
(1)
In case of dispute as to interest, title, or ownership, the money allowed therefor shall be held subject to the order of the court until the dispute is amicably settled between the disputants or determined by due course of law.
(2)
The inquiry and assessment in all other respects shall be made by the jury under such rules and restrictions as shall be given by the court.
Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., §§ 4013, 4014; Pope's Dig., §§ 5015, 5016; A.S.A. 1947, § 35-904.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 3 - MUNICIPAL CORPORATIONS GENERALLY (§§ 18-15-301 — 18-15-309) › Section 18-15-306 - Verdict by jury

(a)
The jury shall be sworn to make the whole inquiry and assessment but may be allowed to return a verdict, as to part, and be discharged as to the rest, at the discretion of the court.
(b)
In case the jury shall be discharged from rendering a judgment in whole or in part, another jury shall be impaneled at the earliest convenient time, who shall take the whole inquiry and assessment, or the part not made, as the case may be.
Acts 1875, No. 1, § 74, p. 1; C. & M. Dig., §§ 4015, 4016; Pope's Dig., §§ 5017, 5018; A.S.A. 1947, § 35-905.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 3 - MUNICIPAL CORPORATIONS GENERALLY (§§ 18-15-301 — 18-15-309) › Section 18-15-307 - Compensation for and possession of property

(a)
As soon as the amount of compensation that may be due to the owners of the property taken, or to any of them, shall have been ascertained by the jury, the court shall make such order as to its payment or deposit as shall be deemed right and proper in respect to the time and place of payment and the proportion to which each owner is entitled and may require adverse claimants of any part of the money or property to interplead, so as to fully settle and determine their rights and interests according to equity and justice.
(b)
The court may direct the time and manner in which possession of the property condemned shall be taken or delivered and may, if necessary, enforce any order giving possession.
(c)
The costs occasioned by the assessment shall be paid by the corporation, and, as to the other costs which may arise, they shall be charged or taxed as the court may direct.
(d)
(1)
No delay in making an assessment of compensation or in taking possession shall be occasioned by any doubt which may arise as to ownership of the property, or any part thereof, or as to the interests of the respective owners.
(2)
However, in cases in which ownership of the property is doubted, the court shall require a deposit of the money allowed as compensation for the whole property in dispute.
(e)
In all cases, as soon as the corporation has paid the compensation assessed or secured the payment by a deposit of money under the order of the court, possession of the property may be taken and the public work or improvement progress.
Acts 1875, No. 1, § 75, p. 1; C. & M. Dig., §§ 4017-4019; Pope's Dig., §§ 5019-5021; A.S.A. 1947, § 35-906.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 3 - MUNICIPAL CORPORATIONS GENERALLY (§§ 18-15-301 — 18-15-309) › Section 18-15-308 - Amount of award

(a)
In the event of the condemnation by a competent authority, for any public use or purpose, of all or substantially all of any land, buildings, or facilities acquired or constructed in whole or in part with the proceeds of revenue bonds issued under the provisions of the Municipalities and Counties Industrial Development Revenue Bond Law, §
14-164-201
et seq., the condemnation award must be at least sufficient in amount to cover the expenses of the condemnation proceeding and to cover the principal of all of the revenue bonds then outstanding and interest to the next interest payment date thereafter that all the bonds may be called for redemption prior to maturity, together with redemption premiums, if any, paying agent's fees, and all other costs of redemption of the revenue bonds.
(b)
For the purposes of this section, the words "all or substantially all" shall be deemed to mean a taking of all of the land, buildings, or facilities or a taking of such a portion thereof that the manufacturing operations being conducted on and in the land, buildings, or facilities cannot, after the taking, be conducted in the remainder in substantially the same manner as before.
Acts 1961, No. 55, § 1; A.S.A. 1947, § 35-918.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 3 - MUNICIPAL CORPORATIONS GENERALLY (§§ 18-15-301 — 18-15-309) › Section 18-15-309 - Flood control improvements

(a)
In addition to the purposes for which municipalities are now authorized to exercise the power of eminent domain, cities of the first class and cities of the second class are authorized to exercise such power for the purpose of acquiring real property or interests in real property necessary for the construction, operation, repair, or maintenance of flood control improvements including, but not limited to, dams, levees, reservoirs, spillways, floodways, and other related improvements.
(b)
Cities of the first class and cities of the second class shall exercise the power of eminent domain for the purposes prescribed in subsection (a) of this section in accordance with the procedures and methods prescribed in §§
18-15-303
-
18-15-307
or in accordance with the procedures and methods prescribed in §
18-15-401
et seq.
Acts 1988 (4th Ex. Sess.), No. 22, §§ 1, 2.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 4 - MUNICIPAL CORPORATIONS - WATERWORKS SYSTEMS (§§ 18-15-401 — 18-15-410) › Section 18-15-401 - Right to acquire property

(a)
A municipality operating a waterworks system under the provisions of this subchapter shall have the right to acquire any property useful for municipal waterworks purposes by following the eminent domain proceedings set forth in this subchapter.
(b)
A municipality's right of eminent domain shall be exercised by the operating authority of the municipal waterworks system.
(c)
This subchapter shall be cumulative to any other laws of eminent domain in favor of municipalities operating municipal waterworks systems.
Acts 1957, No. 269, §§ 2, 14; A.S.A. 1947, §§ 35-908, 35-908n.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 4 - MUNICIPAL CORPORATIONS - WATERWORKS SYSTEMS (§§ 18-15-401 — 18-15-410) › Section 18-15-402 - Authority to enter property - Liability

For the purpose of making investigations, surveys, tests, and measurements, a municipality is authorized to enter upon any property by its agents, employees, or contractors. However, the municipality shall be liable for any damages to the owner's property resulting from its acts.
Acts 1957, No. 269, § 3; A.S.A. 1947, § 35-909.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 4 - MUNICIPAL CORPORATIONS - WATERWORKS SYSTEMS (§§ 18-15-401 — 18-15-410) › Section 18-15-403 - Preliminary proceedings for condemnation

(a)
(1)
When the operating authority determines to condemn property, it shall file an application in the circuit court of the county where any portion of the property to be condemned is situated, and proceedings had in the court shall apply to all property described in the application.
(2)
The applicant shall describe the property to be taken and shall name as defendants all persons shown by public records as having any interest therein.
(3)
Both residents and nonresidents of the state shall be summoned as in other civil proceedings.
(4)
(A)
However, if a verified affidavit is filed in behalf of the applicant stating that all or a number of the persons who might be claiming an interest in the property are unknown to the applicant, then unknown owners may be named as defendants.
(B)
If the affidavit is filed or if a verified affidavit is filed in behalf of the applicant stating that the address of any known defendant cannot be determined after diligent inquiry by the applicant, then any defendant described in either affidavit shall be summoned by publication of notice as in the case of nonresident defendants in other civil actions, except that an attorney ad litem shall not be appointed for any defendant whose name or whose address is unknown.
(b)
Answers may be filed, but none shall be required of any defendant.
(c)
(1)
The matter may proceed to trial after the lapse of twenty (20) days from the date of personal service of summons on residents and after the lapse of thirty (30) days from the date of first publication of notice on defendants constructively summoned.
(2)
The suits shall receive precedence over other matters and shall be advanced for trial at the request of the applicant.
(3)
The trial date shall be fixed by the court, and when fixed, the applicant shall give notice of the trial date by registered or certified mail to any defendant who was personally summoned. No notice of trial is required for any defendant whose address is unknown.
Acts 1957, No. 269, § 4; A.S.A. 1947, § 35-910.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 4 - MUNICIPAL CORPORATIONS - WATERWORKS SYSTEMS (§§ 18-15-401 — 18-15-410) › Section 18-15-404 - Assessment and payment of damages

(a)
At the trial of the cause, a jury shall assess the amount of damages the applicant shall pay for the property taken in the proceedings.
(b)
Thereafter, a judgment shall be entered stating that title to the property shall vest in the applicant upon payment to the clerk of the court of the amount of damages so assessed.
(c)
(1)
If there is only one (1) defendant, the clerk of the court shall pay the proceeds of the judgment to the defendant upon demand.
(2)
If there is more than one (1) defendant, the lower court shall retain jurisdiction of the matter solely for the purpose of making a division of the proceeds and shall determine the division sitting without a jury and without further notice to any defendant.
(3)
The court shall then enter an order making a division of the proceeds and shall direct the clerk of the court to make payment to the various defendants in the amounts which shall be specified in the order. The payment shall be made by the clerk to each defendant upon his or her demand.
(4)
The applicant shall not be a party to proceedings for the division of the damages.
Acts 1957, No. 269, § 5; A.S.A. 1947, § 35-911.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 4 - MUNICIPAL CORPORATIONS - WATERWORKS SYSTEMS (§§ 18-15-401 — 18-15-410) › Section 18-15-405 - Power, oil, and gas lines, etc

If any power, oil, or gas line or other public utility facility shall be flooded by an impounding lake, the property may be condemned if the operating authority of the municipal waterworks system determines the existence of the facility is inconsistent with the waterworks' requirements.
Acts 1957, No. 269, § 6; A.S.A. 1947, § 35-912.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 4 - MUNICIPAL CORPORATIONS - WATERWORKS SYSTEMS (§§ 18-15-401 — 18-15-410) › Section 18-15-406 - Water pipelines and appurtenances

Water pipelines, with appurtenances, may be constructed and maintained:
(1)
Across and under lands and waters of the state, but the ordinary use of the lands and waters shall not be unduly obstructed thereby; and
(2)
(A)
Under, across, and along public highways, roads, streets, and alleys.
(B)
However, the ordinary use of these public highways, roads, streets, and alleys shall not be unduly obstructed thereby, and the municipality constructing the water pipelines shall at its own expense properly backfill the trench in which the pipeline is laid and shall at its own expense restore any sidewalks, curbs, gutters, pavements, or surfacing cut or damaged by the construction or maintenance.
Acts 1957, No. 269, § 7; A.S.A. 1947, § 35-913.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 4 - MUNICIPAL CORPORATIONS - WATERWORKS SYSTEMS (§§ 18-15-401 — 18-15-410) › Section 18-15-407 - State or county roads

(a)
If any portion of a state or county road will lie below the high-water mark of an impounding lake, the operating authority of the municipal waterworks system shall have the right to flood the road.
(b)
However, if the state or the county determines that a replacement road is required, the municipality shall be obligated to pay the cost of replacing the flooded road with another road of the same type and width. The road shall be the shortest reasonable distance consistent with good engineering practice.
(c)
(1)
The Arkansas Department of Transportation, hereinafter called "state", shall make all necessary determinations for the state highways.
(2)
The county judges, hereinafter called "county", shall make all determinations for county roads.
(d)
If the county or state determines that a road need not be replaced, the operating authority is authorized to pay to the county or to the state a reasonable sum in lieu of relocating the road. Any sum so paid shall be used by the state or county for road purposes elsewhere in the state or county, as the case may be.
(e)
The county or state may permit the municipality to construct the relocated road, and in that event the operating authority shall be entitled to condemn rights-of-way for the roads in its own name under this subchapter or under any eminent domain act available to the county or state.
(f)
After acquiring the rights-of-way, title thereto shall be transferred to the county or state.
(g)
If any part of the road replaced or paid for as authorized in this section lies upon property owned by the municipality, title to that part of the replaced road shall vest in the municipality.
Amended by Act 2017, No. 707,§ 39, eff. 8/1/2017.
Acts 1957, No. 269, § 8; A.S.A. 1947, § 35-914.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 4 - MUNICIPAL CORPORATIONS - WATERWORKS SYSTEMS (§§ 18-15-401 — 18-15-410) › Section 18-15-409 - Controversy

(a)
(1)
When the determination of questions in controversy in the eminent domain proceedings authorized in this subchapter is, in the opinion of the operating authority of the municipal waterworks, likely to retard the progress of the project, the municipality shall so state in its application or in a separate pleading.
(2)
The municipality shall also designate a sum which, in its opinion, is the reasonable value of the property to be taken and shall deposit that sum in the registry of the court for the purpose of making compensation and paying any damages which may be assessed against the municipality.
(3)
The court shall thereupon immediately enter an order giving the municipality possession of the property and may enforce the order, if necessary.
(4)
A copy of the order of possession shall be served upon any person of adult age found residing upon the premises, but only one (1) person need be served.
(5)
However, at any time after the order is entered, any defendant may file a motion for a hearing on the amount of the deposit, giving notice of the motion to the applicant, and at the hearing the court may affirm the amount of the original deposit or may order it increased.
(6)
No motion for hearing shall delay the applicant's right to possession.
(b)
(1)
Any person named as a defendant in the action and claiming to be an owner of the property being condemned shall be entitled to apply to the court for a withdrawal of all or a part of the funds so deposited upon giving reasonable notice of his or her motion to withdraw funds to the applicant. The defendant shall also notify all other defendants whose addresses are known of his motion.
(2)
(A)
Before entering an order permitting a withdrawal of any portion of the deposit, the court shall determine the ownership of the property to be condemned, and no defendant shall be permitted to withdraw any greater portion of the deposit than is equal to his or her interest in the property to be condemned.
(B)
In no event shall the aggregate amount of the withdrawal for all defendants be greater than the amount originally deposited by the municipality on its own motion.
(3)
If any defendant claims that the amount withdrawn by any other defendant was wrongful or was excessive, the dispute shall be solely between the defendants.
(4)
In any judgment against the municipality, the municipality shall receive full credit against all defendants for the amount deposited with the clerk or paid to the clerk after judgment.
Acts 1957, No. 269, § 10; A.S.A. 1947, § 35-916.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 4 - MUNICIPAL CORPORATIONS - WATERWORKS SYSTEMS (§§ 18-15-401 — 18-15-410) › Section 18-15-410 - Rights of property owner upon entry by municipality

(a)
If a municipality shall enter upon property which it has the right to acquire by condemnation proceedings without commencing condemnation proceedings, the owner of the property shall have the right to commence condemnation proceedings against the municipality at any time before an action for the recovery of the property or compensation therefor would be barred by the statute of limitations.
(b)
The measure of recovery in the action shall be the fair market value of the property at the time it was entered upon by the municipality.
Acts 1957, No. 269, § 11; A.S.A. 1947, § 35-917.
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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 5 - ELECTRIC COMPANIES GENERALLY (§§ 18-15-501 — 18-15-512) › Section 18-15-501 - Right-of-way construed

The right-of-way provided for under this section and §§
18-15-502
-
18-15-509
shall be construed to include all lands necessary for dams and the backwater resulting therefrom, levees, approaches, abutments, canals, reservoirs, powerhouses, and other purposes incident to the business of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use by an electric utility, as defined in §
18-15-512
.
Amended by Act 2013, No. 1130,§ 1, eff. 8/16/2013.
Acts 1907, No. 120, § 16, p. 303; C. & M. Dig., § 4057; Pope's Dig., § 5059; A.S.A. 1947, § 35-316; Acts 2001, No. 1291, § 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 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 5 - ELECTRIC COMPANIES GENERALLY (§§ 18-15-501 — 18-15-512) › Section 18-15-502 - Exception

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