reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 2 - ROADHOUSES, TOURIST CAMPS, ETC (§§ 16-105-201 — 16-105-211) › Section 16-105-211 - Fees of prosecuting attorney

In all cases wherein the bill or petition is filed upon the relation of a prosecuting attorney of this state and a permanent injunction is granted therein, the officer shall receive such fees as are now provided by law for convictions for the illegal sale of intoxicating liquors. The fees shall be paid by the defendant as part of the costs of the case.
Acts 1915, No. 109, § 10; C. & M. Dig., § 6204; Pope's Dig., § 10926; A.S.A. 1947, § 34-109.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 3 - DANCE HALLS (§§ 16-105-301 — 16-105-309) › Section 16-105-301 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Dance hall" means any building, premise, pavilion, or place of business wherein dancing is permitted, conducted, or engaged in, by the public in general, either for profit or not; and
(2)
"Owner" means any person, persons, or corporation having an actual legal interest, vested in possession, in any building or place that may become a public nuisance under the provisions of this subchapter.
Acts 1937, No. 118, §§ 1, 9; Pope's Dig., §§ 10909, 10917; A.S.A. 1947, §§ 34-111, 34-119.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 3 - DANCE HALLS (§§ 16-105-301 — 16-105-309) › Section 16-105-302 - Penalties

(a)
If any person shall break into or enter or use any building or place while closed under a preliminary injunction granted under the provisions of this subchapter or shall violate any permanent injunction under the provisions of this subchapter, he or she shall be subject to punishment for contempt.
(b)
Upon conviction of the contempt, the person shall be imprisoned in the county jail not less than thirty (30) days nor more than six (6) months and may also be fined in any sum not exceeding fifty dollars ($50.00). The building or place shall be closed and not used thereafter for any purpose whatever for a period of twelve (12) months, except by order of the circuit court having cognizance of the case.
Acts 1937, No. 118, § 8; Pope's Dig., § 10916; A.S.A. 1947, § 34-118.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 3 - DANCE HALLS (§§ 16-105-301 — 16-105-309) › Section 16-105-303 - Public nuisance

The operation of a dance hall in which, or around which, public disturbances, the unlawful drinking of intoxicating liquors, quarrels, affrays, or general breaches of the peace are frequent is declared to be a public nuisance and detrimental to the public morals and may be abated under the provisions of this subchapter as set out.
Acts 1937, No. 118, § 2; Pope's Dig., § 10910; A.S.A. 1947, § 34-112.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 3 - DANCE HALLS (§§ 16-105-301 — 16-105-309) › Section 16-105-304 - Jurisdiction - Persons who may bring abatement proceedings

(a)
Jurisdiction is conferred upon the circuit courts of this state to abate the public nuisance defined in §
16-105-303
, upon petition in the name of the State of Arkansas on relation of the Attorney General or any prosecuting attorney of the state or without the concurrence of the officers upon the relation of ten (10) or more qualified electors and freeholders of the county living within a radius of two (2) miles wherein the public nuisance may exist, in the manner set forth in this subchapter.
(b)
On petition, addressed to the prosecuting attorney, of ten (10) qualified electors and freeholders of the county wherein the public nuisance may exist, it shall become the mandatory duty of the prosecuting attorney for the county and district wherein the public nuisance may exist to institute action in the circuit courts of this state to abate the public nuisance defined in §
16-105-303
in the manner provided in this subchapter.
Acts 1937, No. 118, § 3; Pope's Dig., § 10911; A.S.A. 1947, § 34-113; Acts 2003, No. 1185, § 222.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 3 - DANCE HALLS (§§ 16-105-301 — 16-105-309) › Section 16-105-305 - Petition for abatement

(a)
Whenever a public nuisance, as defined in this subchapter, is kept, maintained, carried on, or exists in any county in this state, a bill or petition may be filed in any circuit court of the county, in the name of the State of Arkansas, by and upon the relation of any person named in §
16-105-304
against the person or persons keeping, maintaining, or carrying on the public nuisance, and all aiders and abettors therein, and the owners, proprietors, or agents or persons or corporations, in charge or control of the building or place wherein the public nuisance exists, for the purpose of having the public nuisance abated and permanently discontinued.
(b)
However, when the bill or petition is filed by electors and freeholders, they shall make bond in such sums as the circuit court shall prescribe, conditioned to pay all costs and damages, in the event the circuit court trying the case shall find and adjudge that the proceeding was instituted without probable cause. No bond for costs or damages shall be required when the proceeding is instituted by and upon the relation of the Attorney General or a prosecuting attorney for the state.
Acts 1937, No. 118, § 4; Pope's Dig., § 10912; A.S.A. 1947, § 34-114; Acts 2003, No. 1185, § 222.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 3 - DANCE HALLS (§§ 16-105-301 — 16-105-309) › Section 16-105-306 - Hearings for temporary and permanent injunction - Bond - Notice

(a)
(1)
The circuit court, upon the presentation of a bill in the proceedings alleging that the public nuisance complained of exists, shall award a temporary injunction, with such bond as required by law in cases in which the bill is filed by citizens and electors and freeholders.
(2)
However, no bond shall be required where bill or petition is filed by the officers mentioned in this subchapter if it shall be made to appear to the satisfaction of the circuit court, by evidence in the form of a due and proper verification of the bill or petition under oath, or if affidavits, depositions, oral testimony, or otherwise, as the complainants or petitioners may elect, that the allegations of the bill or petition are true, enjoining and restraining the further continuance of the public nuisance and the closing of the building or place wherein the public nuisance is conducted until the further order of the circuit court.
(b)
(1)
Five (5) days' notice in writing shall be given the defendant of the hearing of an application for a permanent injunction, but no notice shall be required of the hearing of a temporary injunction.
(2)
If a hearing is continued at the instance of the defendant, the writ as prayed for shall be granted as a matter of course.
(3)
When the injunction shall have been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the circuit court having cognizance of the case.
(4)
Any violation thereof by the defendant, or upon his or her procurement, shall be a contempt of court and punished as provided in §
16-105-302
.
Acts 1937, No. 118, § 5; Pope's Dig., § 10913; A.S.A. 1947, § 34-115; Acts 2003, No. 1185, § 222.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 3 - DANCE HALLS (§§ 16-105-301 — 16-105-309) › Section 16-105-307 - Hearings for temporary and permanent injunction - Evidence

Upon the trial of all causes pursuant to this subchapter, evidence of the general reputation of the building or place where the public nuisance is alleged to exist shall be admissible for the purpose of proving or tending to prove the existence of the public nuisance.
Acts 1937, No. 118, § 6; Pope's Dig., § 10914; A.S.A. 1947, § 34-116; Acts 2003, No. 1185, § 222.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 3 - DANCE HALLS (§§ 16-105-301 — 16-105-309) › Section 16-105-308 - Order of abatement

(a)
If upon the trial of a cause pursuant to this subchapter, the existence of the public nuisance is established, an order of abatement shall be entered as part of the judgment or decree of the circuit court.
(b)
The order shall direct the removal from the building or place wherein the public nuisance exists or is maintained all means, appliances, fixtures, appurtenances, materials, supplies, and instrumentalities used for the purpose of conducting, maintaining, or carrying on the public nuisance.
Acts 1937, No. 118, § 7; Pope's Dig., § 10915; A.S.A. 1947, § 34-117.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 3 - DANCE HALLS (§§ 16-105-301 — 16-105-309) › Section 16-105-309 - Proceedings against two or more owners

(a)
When one (1) of two (2) or more joint owners has been served with the notice prescribed in this subchapter, the cause shall proceed against the owner on whom notice has been served. The proceeding shall not be a bar to subsequent proceedings against one (1) or all of the joint owners not heretofore proceeded against.
(b)
If the notice prescribed in this subchapter cannot be served on the owner or owners of the building or place that may become a public nuisance under the provisions of this subchapter, by reason of nonresidence or otherwise, then and in that case, the notice may be served on any agent or agents or trustee that may have charge of or be in control of the building or place. The cause shall proceed against the agent, agents, or trustee in all respects as if he, she, or they were the actual owner or owners of the building or place.
Acts 1937, No. 118, § 9; Pope's Dig., § 10917; A.S.A. 1947, § 34-119.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-401 - Title

This subchapter shall be called the "Arkansas Drug Abatement Act of 1989".
Acts 1989, No. 556, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-402 - Common nuisance declared - Definition

(a)
As used in this section, "owner" means a person in whom is vested the ownership and title of property and who is the owner of record, including without limitation a local, city, state, or federal governmental entity.
(b)
(1)
A store, shop, warehouse, dwelling house, building, boat, airplane, or other property or structure used for the purpose of unlawfully selling, storing, keeping, manufacturing, using, or donating a controlled substance, precursor, or analog under the Uniform Controlled Substances Act, §
5-64-101
et seq., is detrimental to the public morals and is a common nuisance, and a court shall order that the common nuisance be enjoined, abated, and prevented.
(2)
Costs of enjoinment, abatement, and prevention and damages may be recovered against a person or entity found to be the owner of the common nuisance property.
Amended by Act 2015, No. 1099,§ 1, eff. 7/22/2015.
Amended by Act 2013, No. 1219,§ 1, eff. 8/16/2013.
Acts 1989, No. 556, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-403 - Action to abate - Permanent injunction - Definition

(a)
As used in this section, "established neighborhood or community organization" means a group, whether or not incorporated, that:
(1)
Consists of persons who reside or work at or in a building, complex of buildings, street, block, or neighborhood any part of which is located on or within one thousand feet (1,000') of the premises alleged to be a common nuisance; and
(2)
Has the purpose of benefitting the quality of life in its neighborhood or community, including without limitation treatment programs.
(b)
The following persons or entities may bring a cause of action under this subchapter to enjoin, abate, and prevent a common nuisance that is being kept, maintained, or that exists to prevent the common nuisance, and to perpetually enjoin the person, entity, owner, lessee, or agent of the place listed under §
16-105-402(b)
, in or upon which the common nuisance exists, from directly or indirectly maintaining or permitting the common nuisance:
(1)
The prosecuting attorney of the county;
(2)
The city attorney of any incorporated city;
(3)
Any citizen of the state or resident of the county, in his or her own name;
(4)
The county attorney;
(5)
The Attorney General; or
(6)
Any established neighborhood or community organization.
Amended by Act 2013, No. 1219,§ 2, eff. 8/16/2013.
Acts 1989, No. 556, § 1; 1991, No. 926, § 1; 1991, No. 1187, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-404 - Verification of complaint

Unless filed by the prosecuting attorney, or the city attorney of an incorporated city, the complaint in the action shall be verified.
Acts 1989, No. 556, § 1; 1991, No. 926, § 2; 1991, No. 1187, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-405 - Temporary injunction

If the existence of the common nuisance is shown in the action to the satisfaction of the court or judge, the court or judge shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the common nuisance. The notice requirements of Rule 65 of the Arkansas Rules of Civil Procedure shall be followed in maintaining this action.
Acts 1989, No. 556, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-406 - Bond required - Exceptions

On granting the temporary writ, the court or judge shall require a bond on the part of the applicant to the effect that the applicant will pay to the defendant enjoined such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction if the court finally decides that the applicant was not entitled to the injunction. No bond shall be required where the proceeding is instituted by the prosecuting attorney or city attorney.
Acts 1989, No. 556, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-407 - Precedence of action - Exceptions

The action shall have precedence over all other actions, except criminal proceedings, election contests, and hearings on injunctions.
Acts 1989, No. 556, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-408 - Dismissal for want of prosecution

If a complaint under this subchapter is filed by a citizen of the state, resident of the county, or established neighborhood or community organization, the complaint shall not be dismissed by the citizen of the state, resident of the county, or established neighborhood community organization or for want of prosecution except upon a sworn statement setting forth the reasons why the complaint should be dismissed and by dismissal ordered by the court.
Amended by Act 2013, No. 1219,§ 3, eff. 8/16/2013.
Acts 1989, No. 556, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-409 - Costs

If a cause of action under this subchapter is brought by a citizen of the state, resident of the county, or established neighborhood or community organization and the court finds there was no reasonable ground or cause for the cause of action, the costs incurred by the defendant shall be taxed against the citizen of the state, resident of the county, or established neighborhood or community organization.
Amended by Act 2013, No. 1219,§ 4, eff. 8/16/2013.
Acts 1989, No. 556, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-410 - Order of abatement - Lien for costs - Enforcement

If the existence of the common nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the case, and the plaintiff's costs in the action are a lien upon the building or place. The lien is enforceable and collectible by execution issued by order of the court.
Acts 1989, No. 556, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-411 - Violations - Criminal penalties

A violation or disobedience of the injunction or order for abatement is punishable as a contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than one (1) nor more than six (6) months, or by both.
Acts 1989, No. 556, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-412 - Order of abatement - Civil penalty - Damages

(a)
If the existence of the common nuisance is established in the action, an order of abatement shall be entered as a part of the judgment, which order shall direct the removal from the building or place of all fixtures and other movable property used in conducting, maintaining, aiding, or abetting the common nuisance and shall direct their sale in the manner provided for the sale of chattels under execution.
(b)
The order shall provide for any appropriate equitable relief as determined by the court to be necessary to abate said common nuisance and may further provide, if determined to be the least restrictive alternative available to effectively accomplish said abatement, for the effectual closing of the building or place for such period of time as is determined to be necessary by the court as adequate to abate said common nuisance. An alternative to closure may be considered only as provided in this section.
(c)
(1)
If the court finds that any vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is responsible for the existence of the common nuisance, or the person who knowingly permits controlled substances to be unlawfully sold, served, stored, kept, or given away in or from a building or place he or she owns, to pay damages in an amount equal to the fair market rental value of the building or place for such period of time as determined appropriate by the court to the city or county in whose jurisdiction the common nuisance is located for the purpose of carrying out their drug prevention and education programs. If awarded to a city, eligible programs may include those developed as a result of cooperative programs among schools, community agencies, and the local enforcement agency. If awarded to a county, funds shall be used for those programs that are part of any county program in place or used by the county law enforcement agency. These funds shall not be used to supplant existing city, county, state, or federal resources used for drug prevention and education programs.
(2)
For purposes of this subsection, the actual amount of rent being received for the rental of the building or place, or the existence of any vacancy therein, may be considered, but shall not be the sole determinant of the fair market rental value. Expert testimony may be used to determine the fair market rental value.
(d)
In addition, the court may assess a civil penalty not to exceed five thousand dollars ($5,000) against any or all of the defendants, based upon the severity of the common nuisance and its duration.
Acts 1989, No. 556, § 1; 1991, No. 926, § 3; 1991, No. 1187, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-413 - Custody of building

While the order of abatement remains in effect, the building or place is in the custody of the court.
Acts 1989, No. 556, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-414 - Fees - Closing of building or place

For removing and selling the movable property, the city, county, or responsible law enforcement agency is entitled to charge and receive the same fees as would be charged and received for levying upon and selling like property on execution; and for closing the premises and keeping them closed, a reasonable sum shall be allowed by the court.
Acts 1989, No. 556, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-415 - Disposition of sale proceeds

The proceeds of the sale of the movable property shall be applied as follows:
(1)
First, to the fees and costs of the removal and sale;
(2)
Second, to the allowances and costs of closing and keeping closed the building or place;
(3)
Third, to the payment of the plaintiff's costs in the action; and
(4)
Fourth, the balance, if any, to the owner of the property.
Acts 1989, No. 556, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-416 - Release of building to owner

(a)
If the owner of the building or place has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances that are a lien on the building or place and files a bond in the full value of the property conditioned that the owner will immediately abate any common nuisance that may exist at the building or place and prevent it from being established or kept thereat within a period of one (1) year thereafter, the court or judge may, if satisfied of the owner's good faith, order the building or place to be delivered to the owner, and the order of abatement cancelled so far as it may relate to the property.
(b)
The release of property under the provisions of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject.
Acts 1989, No. 556, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 4 - DRUGS (§§ 16-105-401 — 16-105-417) › Section 16-105-417 - Lien of fine - Enforcement

(a)
Whenever the owner of a building or place upon which the act or acts constituting the contempt have been committed, or the owner of any interest therein, has been guilty of a contempt of court, and fined in any proceedings under this subchapter, the fine is a lien upon the building or place to the extent of his or her interest in it.
(b)
The lien is enforceable and collectible by execution issued by order of the court.
Acts 1989, No. 556, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 5 - NOISE POLLUTION (§§ 16-105-501 — 16-105-503) › Section 16-105-501 - Definitions

As used in this subchapter:
(1)
"Local unit of government" means a county, city of the first class, city of the second class, or incorporated town;
(2)
"Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity; and
(3)
"Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting.
Acts 1997, No. 602, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 5 - NOISE POLLUTION (§§ 16-105-501 — 16-105-503) › Section 16-105-502 - Sport shooting ranges

(a)
Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution for noise or noise pollution resulting from the operation or use of the sport shooting range if the sport shooting range is in compliance with noise control ordinances of local units of government that applied to the sport shooting range and its operation at the time the sport shooting range was constructed and began operation.
(b)
A person who operates or uses a sport shooting range is not subject to an action for nuisance, and no court of the state may enjoin the use or operation of a sport shooting range on the basis of noise or noise pollution, if the sport shooting range is in compliance with noise control ordinances of units of local government that applied to the sport shooting range and its operation at the time the sport shooting range was constructed and began operation.
(c)
A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a permanently located sport shooting range shall not maintain a nuisance action against the person who owns the sport shooting range to restrain, enjoin, or impede the use of the sport shooting range unless there has been a substantial change in the nature of the use of the sport shooting range or by a person using the sport shooting range.
(d)
Rules adopted by any state agency for establishing levels of noise allowable in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this subchapter.
(e)
Notwithstanding any other provision of law to the contrary, nothing in this subchapter shall be construed to limit civil liability except in the limited case of noise pollution.
Amended by Act 2019, No. 315,§ 1320, eff. 7/24/2019.
Acts 1997, No. 602, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 105 - ABATEMENT OF NUISANCES (§§ 16-105-201 — 16-105-503) › Subchapter 5 - NOISE POLLUTION (§§ 16-105-501 — 16-105-503) › Section 16-105-503 - Applicability

This subchapter does not affect rights or duties that matured, liabilities or penalties that were incurred, or proceedings begun before August 1, 1997.
Acts 1997, No. 602, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-106-101 — 16-106-111) › Section 16-106-101 - Actions generally

(a)
All actions in favor of and in which the state is interested shall be brought in the name of the state and shall be prosecuted by the prosecuting attorney.
(b)
All actions by or against the state shall be prosecuted and defended, proceeded in, and conducted to final judgment in the same manner as actions by and against individuals.
(c)
Precedence shall be given, in all courts, to actions or other proceedings in which the state is a party, over any other business of the court.
(d)
All actions for debts due the State of Arkansas, all actions in favor of any state officer, state board, or commissioner, in their official capacity, all actions which are authorized by the provisions of the Code of Practice in Civil Cases or by law to be brought in the name of the state, and all actions against the board, commissioner, or state officer for or on account of any official act done or omitted to be done shall be brought and prosecuted in the county where the defendant resides.
Rev. Stat., ch. 147, §§ 4, 5; Civil Code, §§ 484, 488; Acts 1871, No. 48, § 1 [484], p. 219; C. & M. Dig., §§ 1175, 9298, 9299, 9304; Pope's Dig., §§ 1397, 11984, 11985, 11990; A.S.A. 1947, §§ 34-201, 34-206, 34-208, 34-209.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-106-101 — 16-106-111) › Section 16-106-102 - Actions against corporations

(a)
Any action required by law to be brought in the name of the state against any corporation, or to vacate or repeal any charter, may be brought in any county in the state before any court having jurisdiction of the action.
(b)
Service of process in any such action may be made in any county in the state upon any defendant to the action in like manner as is provided by law in other cases, and the defendant shall be required to appear and defend the action in the county where the action may be commenced.
Acts 1875 (Adj. Sess.), No. 3, §§ 1, 2, p. 4; C. & M. Dig., §§ 1181, 1182; Pope's Dig., §§ 1403, 1404; A.S.A. 1947, §§ 34-202, 34-203.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-106-101 — 16-106-111) › Section 16-106-103 - Actions against officers, corporations, etc., for certain penalties

Where officers, corporations, or officers of corporations are required to report to the Auditor of State the moneys in their hands belonging to the state or due by them or by a corporation to the state, at a certain period or periods fixed by law, and a fine or penalty is imposed for the failure, the action for the recovery thereof may be commenced at any time after the failure.
Civil Code, § 486; C. & M. Dig., § 9301; Pope's Dig., § 11987; A.S.A. 1947, § 34-205.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-106-101 — 16-106-111) › Section 16-106-104 - Actions against county sheriff, clerk, collector of the revenue, etc., for recovery of money

When the debt is due by a county sheriff, clerk, or the Director of the Revenue Division of the Department of Finance and Administration, or any other receiver of public moneys, for money collected or received, and the officer, collector, or receiver has failed to pay the money in the manner and at the time prescribed by law, the action for the recovery of the debt may be commenced at any time after the failure.
Civil Code, § 485; C. & M. Dig., § 9300; Pope's Dig., § 11986; A.S.A. 1947, § 34-204.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-106-101 — 16-106-111) › Section 16-106-105 - Actions against state regarding federal land grants

(a)
All actions and suits for the recovery of the purchase money of lands which were granted to this state by the United States by Acts of Congress, March 2, 1827, June 23, 1836, and September 4, 1841, and any and all lands which have at any time, and from time to time, been granted to this state by the United States for any and all purposes, except grants made for railroad purposes, and all actions to enforce the vendor's lien upon the lands, and all actions to recover the possession of, or for trespasses upon, the lands, shall be brought and prosecuted in the name of the State of Arkansas.
(b)
The fact that any and all of the lands may have been set apart, allotted, or granted by the state to any county, township, or school district shall not be a defense to any action brought under this section and shall not affect the jurisdiction of the court in which the action may be pending, but all questions as to the rights of the counties, townships, or school districts shall be reserved.
Civil Code, § 29; C. & M. Dig., § 1094; Pope's Dig., § 1310; A.S.A. 1947, § 34-207.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-106-101 — 16-106-111) › Section 16-106-106 - Setoff against state

In suits brought in behalf of the state, no debt or claim shall be allowed as a setoff other than those which have been exhibited to the Auditor of State and by him or her allowed, except only in cases when it shall be proven to the satisfaction of the court that the defendant at the time is in possession of vouchers which he or she could not produce to the Auditor of State or that he or she was prevented from exhibiting the claims to the Auditor of State in consequence of sickness or absence.
Rev. Stat., ch. 18, § 13; C. & M. Dig., § 9303; Pope's Dig., § 11989; A.S.A. 1947, § 34-210.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-106-101 — 16-106-111) › Section 16-106-107 - Enforcement of execution

(a)
Whenever an execution against a public debtor shall not be satisfied in the regular course of proceeding and the Attorney General or prosecuting attorney is of the opinion that the lack of satisfaction is caused by fraudulent concealment of the debtor's property, or by any other obstruction thereto, he or she may cause actions to be brought, either in the court in which the judgment was obtained or in any other circuit court within whose jurisdiction the property may be, or the debtor may be found, to set aside the fraudulent conveyances, to remove any obstructions to the execution, or to obtain satisfaction of the judgment.
(b)
For the purpose of bringing an action, the Attorney General or the prosecuting attorney may employ an attorney to bring the action, or an agent to prepare the suit and attend to the collection of the judgment, and may agree as to a compensation to be paid for their services, either certain or contingent on success. However, the amount of the contingent compensation shall not exceed twenty percent (20%) on the first three hundred dollars ($300) and ten percent (10%) on any excess over that amount. When the compensation is due, the Auditor of State, upon the certificate of the Attorney General or prosecuting attorney, shall issue a warrant on the Treasurer of State.
Civil Code, § 489; Acts 1871, No. 48, § 1 [489], p. 219; C. & M. Dig., § 9305; Pope's Dig., § 11991; A.S.A. 1947, § 34-211.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-106-101 — 16-106-111) › Section 16-106-108 - Disposition of state money

(a)
The county sheriff or other officer collecting any money due to the state shall pay the money into the State Treasury and obtain a final discharge therefor. No money due the state shall be paid to the Attorney General or any other attorney or agent employed in the collection of the money, or to any other person, unless otherwise directed by law.
(b)
The court rendering a judgment in favor of the state shall certify the amount thereof, together with the costs, to the Auditor of State and shall also certify the fees due to officers and to witnesses for attendance on behalf of the state, for which the Auditor of State shall issue his or her warrant on the Treasurer of State to the person entitled.
Civil Code, §§ 490, 491; C. & M. Dig., §§ 9306, 9307; Pope's Dig., §§ 11992, 11993; A.S.A. 1947, §§ 34-212, 34-213.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-106-101 — 16-106-111) › Section 16-106-109 - Appeal and error by state

(a)
Appeals and writs of error may be brought by any of the prosecuting attorneys, in the name and on behalf of the state, in like manner as by individuals, except when it may be otherwise provided by law.
(b)
All appeals or writs of error taken or prosecuted by the state shall, ipso facto, operate as a supersedeas and suspension of all further proceedings in the cause in which the appeal may be taken or writ of error sued out, until the final disposition thereof, without bond, recognizance, or security.
(c)
In no case in which the state applies for an injunction shall security be required. However, if the state is entitled thereto in other respects, the injunction may be granted according to the justice and equity of the case.
Rev. Stat., ch. 117, § 4; Acts 1855, § 10, p. 196; C. & M. Dig., 2142, 9308; Pope's Dig., §§ 2748, 11994; A.S.A. 1947, §§ 34-214, 34-215.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-106-101 — 16-106-111) › Section 16-106-110 - Repayment of Attorney General or prosecuting attorney for postage used

The Attorney General or prosecuting attorney may make out and certify to the Auditor of State an account of the postage he or she may have paid in sending out notices and process, and upon letters sent or received by him or her, relating to actions or proceedings in which the state is interested, who shall thereupon issue his or her warrant on the Treasurer of State for the amount thereof.
Civil Code, § 492; Acts 1871, No. 48, § 1 [492], p. 219; C. & M. Dig., § 4533; Pope's Dig., § 5590; A.S.A. 1947, § 34-216.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 2 - PRISONERS - COURT ACTIONS (§§ 16-106-201 — 16-106-204) › Section 16-106-201 - Definitions

As used in this subchapter:
(1)
"Frivolous" means having no reasonable basis in law or fact, or lacking any good faith legal argument for the extension, modification, or reversal of existing law;
(2)
"Inmate" or "inmate in a penal institution" includes, but is not limited to, a person in the custody or under the supervision of the Division of Correction, the Division of Community Correction, or the United States Bureau of Prisons; and
(3)
"Malicious" means filing numerous actions, or actions brought in bad faith on de minimis issues.
Amended by Act 2019, No. 910,§ 965, eff. 7/1/2019.
Acts 1997, No. 371, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 2 - PRISONERS - COURT ACTIONS (§§ 16-106-201 — 16-106-204) › Section 16-106-202 - Premature, frivolous, or malicious lawsuits

(a)
A civil action or claim initiated against the state, the Board of Corrections, the Division of Correction, the Division of Community Correction, another state agency, or a political subdivision, or an original action in an appellate court, or an appeal of an action, whether or not the plaintiff was represented in court, by an inmate in a penal institution or an incarcerated person appearing pro se may be:
(1)
Dismissed without prejudice by the court on its own motion or on a motion of the defendant, if all administrative remedies available to the inmate have not been exhausted; or
(2)
Dismissed with prejudice by the court on a motion of the defendant if the court is satisfied that the action is frivolous or malicious.
(b)
As used in this section, "civil action" does not include a petition for a writ of habeas corpus or other petition for post-conviction release in which the court is jurisdictionally empowered to grant release from incarceration or a reduction in sentence.
Amended by Act 2019, No. 910,§ 966, eff. 7/1/2019.
Acts 1997, No. 371, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 2 - PRISONERS - COURT ACTIONS (§§ 16-106-201 — 16-106-204) › Section 16-106-203 - Sanctions

If the court determines before or at trial that one (1) or more of the causes of action are frivolous or malicious, any one (1) or more of the following sanctions may be imposed:
(1)
Award attorney's fees and actual costs incurred by the state, the Division of Correction, or the Division of Community Correction, another state agency, a political subdivision, the Attorney General's office, or the defendant, not to exceed two thousand five hundred dollars ($2,500) per frivolous cause of action;
(2)
Court costs not to exceed five hundred dollars ($500) per cause of action;
(3)
Order the Division of Correction to revoke up to thirty (30) days' earned good-time credits accrued, under §
12-29-201
et seq.;
(4)
Order the Division of Correction to revoke permission to have nonessential personal property of the inmate, including, but not limited to, televisions, radios, stereos, or tape recorders. If permission is revoked, the Division of Correction shall take appropriate precautions to protect the property during the period of the revocation; or
(5)
Impose a civil sanction in an amount not to exceed one thousand dollars ($1,000).
Amended by Act 2019, No. 910,§ 968, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 967, eff. 7/1/2019.
Acts 1997, No. 371, § 3.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 2 - PRISONERS - COURT ACTIONS (§§ 16-106-201 — 16-106-204) › Section 16-106-204 - Fees and costs

(a)
Any award of attorney's fees or costs, or the imposition of a sanction shall serve as a judgment against the inmate, and the Division of Correction is authorized to take up to fifty percent (50%) of the inmate's account per month until paid.
(b)
The judgment shall be subject to execution without further order of any court for a period of ten (10) years from the date of an award or imposition of a sanction.
Amended by Act 2019, No. 910,§ 969, eff. 7/1/2019.
Acts 1997, No. 371, § 4.