Arkansas Code
Title 18 - Property

§ 18-11-306. Land leased to state or political subdivision — Conservation easement - Unless otherwise agreed in writing, the provisions of §§ 18-11-304...

§ 18-11-307. Exceptions to owner's immunity - Nothing in this subchapter limits in any way liability which...

Subchapter 4 - Posted Land

§ 18-11-401. Purpose - It is the intent and purpose of this subchapter to...

§ 18-11-402. Definition - For the purposes of this subchapter, the term “recreational purposes”...

§ 18-11-403. Unlawful entry upon land — Penalty - (a) (1) No person shall enter for recreational purposes upon...

§ 18-11-404. Methods of posting — Forest lands - The owner or lessee of any forest land may post...

§ 18-11-405. Methods of posting — Property other than forest - The owner or lessee of any real property other than...

§ 18-11-406. Color of paint — Unlawful posting — Exception - (a) (1) The color of paint prescribed by the Arkansas...

Subchapter 5 - Residential Restrictive Covenants

§ 18-11-501. Discretionary enforcement of residential restrictive covenants - Circuit judges are authorized to exercise their discretion to balance...

§ 18-11-502. Attorney's fees - If the trial judge makes a finding that the violation...

§ 18-11-503. Applicability of subchapter - The provisions of this subchapter shall apply to cases currently...

Subchapter 6 - Municipal Water Supply Purposes — Owner's Immunity

§ 18-11-601. Purpose - The purpose of this subchapter is to encourage owners of...

§ 18-11-602. Definitions - As used in this subchapter: (1) “Land” means real property,...

§ 18-11-603. Construction - Nothing in this subchapter shall be construed to: (1) Create...

§ 18-11-604. Duty of care - Except as specifically provided in § 18-11-607, an owner owes...

§ 18-11-605. Owner's immunity from liability - Except as specifically provided in § 18-11-607, an owner who,...

§ 18-11-606. Land leased to municipality - Unless otherwise agreed to in writing, the provisions of §§...

§ 18-11-607. Exceptions to owner's immunity - Nothing in this subchapter limits in any way liability that...

Chapter 12 - Conveyances

Subchapter 1 - General Provisions

§ 18-12-101. Definition and applicability - (a) The term “real estate” as used in this act...

§ 18-12-102. Transfer by deed — Warranty - (a) All lands, tenements, and hereditaments may be aliened and...

§ 18-12-103. Restrictive covenants — Definition - (a) As used in this section, “restrictive covenant” means a...

§ 18-12-104. Execution of deeds - Deeds and instruments of writing for the conveyance of real...

§ 18-12-105. Estate of fee simple presumed - The term “heirs”, or other words of inheritance, shall not...

§ 18-12-106. Joint tenants with right of survivorship - (a) Interests in real property may be conveyed to two...

§ 18-12-107. Transfer fee covenants prohibited — Definitions - (a) As used in this section: (1) “Association” means a...

§ 18-12-108. Scrivener's affidavits — Definition - (a) As used in this section, “scrivener's affidavit” means a...

Subchapter 2 - Acknowledgment and Proof of Instruments

§ 18-12-201. Proof or acknowledgment as prerequisite to recording real estate conveyances - All deeds and other instruments in writing for the conveyance...

§ 18-12-202. Forms of acknowledgments — Validity — Acknowledgments of married persons - (a) (1) Either the forms of acknowledgments now in use...

§ 18-12-203. Officers authorized to take proof or acknowledgment of real estate conveyances - (a) The proof or acknowledgment of every deed or instrument...

§ 18-12-204. Attestation of acknowledgments - (a) In cases of acknowledgment or proof of deeds or...

§ 18-12-205. Certificate of acknowledgment - (a) Any court or officer that takes a proof or...

§ 18-12-206. Manner of making acknowledgment — Proof of deed or instrument — Proof of identity of grantor or witness - (a) The acknowledgment of deeds and instruments of writing for...

§ 18-12-208. Defects - (a) All deeds, conveyances, deeds of trust, mortgages, marriage contracts,...

§ 18-12-209. Recorded deed or written instrument affecting real estate - (a) Every deed or instrument in writing which conveys or...

Subchapter 3 - Fee Tail

§ 18-12-301. Considered life estate - In cases when, by common law, any person may become...

§ 18-12-302. Dissolution - (a) (1) Any estate which under the common law would...

§ 18-12-303. Rule in Shelley's Case abolished - (a) (1) The Rule in Shelley's Case is abolished and...

Subchapter 4 - Husband and Wife

§ 18-12-401. Deed between spouses - (a) A deed of conveyance of real property located in...

§ 18-12-402. Relinquishment of dower or curtesy in spouse's land - A married person may relinquish dower or curtesy in any...

§ 18-12-403. Conveyance, etc., of homestead - No conveyance, mortgage, or other instrument affecting the homestead of...

§ 18-12-404. Conveyance of interest of husband with mental illness and guardian appointed — Relinquishment of dower - In all cases under § 20-47-103 whereunder a husband is...

Subchapter 5 - Power of Attorney

§ 18-12-501. Acknowledgment and recording - (a) Every letter of attorney, containing a power to convey...

§ 18-12-502. Revocation - (a) (1) No letter of attorney, duly acknowledged or proved...

§ 18-12-503. Relinquishment of dower, curtesy, and homestead rights - (a) By joining with his or her spouse in the...

Subchapter 6 - Miscellaneous Conveyances

§ 18-12-601. After-acquired title - If any person shall convey any real estate by deed...

§ 18-12-602. Land in adverse possession - Any person claiming title to any real estate, notwithstanding there...

§ 18-12-603. Grants to two or more as tenancy in common - Every interest in real estate granted or devised to two...

§ 18-12-604. Deed to trustee or agent - (a) (1) The appearance of the words “trustee”, “as trustee”,...

§ 18-12-605. Deeds of administrators, executors, guardians, commissioners, and sheriffs - (a) (1) All deeds of conveyance made by an administrator,...

§ 18-12-606. Deed or patent by Governor - (a) In all cases in which, by the laws of...

§ 18-12-607. Sales of real estate by defunct corporations ratified - (a) All sales of real estate which was the property...

§ 18-12-608. Beneficiary deeds — Terms — Recording required - (a) (1) (A) A beneficiary deed is a deed without...

§ 18-12-609. Marketability of real property sold at tax sales - (a) The title to any real property located within the...

Subchapter 7 - Disbursement of Funds as Part of Real Estate Closing and Settlement Services Act

§ 18-12-701. Title - This subchapter shall be known and may be cited as...

§ 18-12-702. Definitions - As used in this subchapter: (1) “Available for immediate withdrawal...

§ 18-12-703. Closing and settlement services — Disbursement of funds — Penalties - (a) (1) No person, firm, partnership, corporation, or other entity...

Chapter 13 - Horizontal Property Act

§ 18-13-101. Title - This chapter shall be known as the “Horizontal Property Act”.

§ 18-13-102. Definitions - As used in this chapter: (1) “Apartment” means a part...

§ 18-13-103. Establishment of horizontal property regimes - Whenever a sole owner or the co-owners of a building...

§ 18-13-104. Master deed - (a) The master deed creating and establishing the horizontal property...

§ 18-13-105. Plans to be attached to master deed - (a) (1) There shall be attached to the master deed,...

§ 18-13-106. Additional units in excess of those described in master deed - (a) The sole owner or co-owners of property constituted and...

§ 18-13-107. Waiver and reestablishment of regimes - (a) All of the co-owners or the sole owner of...

§ 18-13-108. Bylaws - (a) The administration of every building constituted into horizontal property...

§ 18-13-109. Modification of administration - (a) The sole owner of the building or, if there...

§ 18-13-110. Book of receipts and expenditures — Examination - (a) The administrator, the board of administration, or other form...

§ 18-13-111. Status of individual units - Once the property is submitted to the horizontal property regime,...

§ 18-13-112. Ownership and valuation of separate units and common elements - (a) (1) An apartment owner shall have the exclusive ownership...

§ 18-13-113. Types of joint ownership - Any apartment may be held and owned by more than...

§ 18-13-114. Common elements - (a) The common elements, both general and limited, shall remain...

§ 18-13-115. Conveyances - (a) Any conveyance or other instrument affecting title to an...

§ 18-13-116. Liability for expenses and assessments - (a) (1) The co-owners of the apartments are bound to...

§ 18-13-117. Insurance generally - The co-owners may, upon resolution of a majority, insure the...

§ 18-13-118. Application of insurance proceeds to reconstruction - (a) In case of fire or any other disaster, the...

§ 18-13-119. Sharing of reconstruction costs when building not insured or indemnity insufficient - (a) When the building is not insured or when the...

§ 18-13-120. Taxation - (a) (1) Taxes, assessments, and other charges of this state,...

Chapter 14 - Arkansas Time-Share Act

Subchapter 1 - General Provisions

§ 18-14-101. Title - This chapter shall be known and may be cited as...

§ 18-14-102. Definitions - As used in this chapter: (1) “Accommodation” means an apartment,...

§ 18-14-103. Applicability - (a) This chapter applies to a time-share plan established after...

§ 18-14-104. Legal status of time-share estates - (a) (1) A time-share estate is an estate in real...

§ 18-14-105. Regulatory discrimination prohibited - A zoning, subdivision, or other ordinance or regulation shall not...

Subchapter 2 - Administration and Registration

§ 18-14-201. Powers and duties of the Arkansas Real Estate Commission - (a) The Arkansas Real Estate Commission may: (1) Set fees;...

§ 18-14-202. Registration required - (a) (1) (A) A developer shall not offer or dispose...

§ 18-14-203. Abbreviated registration — Exemptions - (a) An abbreviated registration with the Arkansas Real Estate Commission...

§ 18-14-204. Application for registration - (a) An application for registration of a time-share plan shall...

§ 18-14-205. Material changes - (a) A developer shall amend or supplement its registration to...

§ 18-14-206. Effectiveness of registration or amendment - (a) (1) Except as otherwise provided, the effective date of...

§ 18-14-207. Regulation and use of public offering statement - (a) (1) The Arkansas Real Estate Commission may require a...

Subchapter 3 - Creation, Termination, and Management

§ 18-14-301. Time-share plans permitted - A time-share plan may be established in any accommodation unless...

§ 18-14-302. Contents of instruments establishing time-share estates - A project and time-share instrument that establishes a time-share estate...

§ 18-14-303. Provisions for management and operation of time-share estate plans - The time-share instruments for a time-share estate plan offered in...

§ 18-14-304. Developer control period - (a) The time-share instruments for a time-share estate plan may...

§ 18-14-305. Instruments establishing time-share uses - A project instrument or time-share instrument that establishes time-share uses...

§ 18-14-306. Provisions for management and operation of time-share use plans - The time-share instruments for a time-share use plan containing accommodations...

§ 18-14-307. Partition of accommodations - An action for partition of an accommodation shall not be...

§ 18-14-308. Records - (a) The association or managing agent shall maintain among its...

§ 18-14-309. Supervisory authority - (a) Notwithstanding the obligations imposed on other persons by this...

§ 18-14-310. Out-of-state time-share plan - (a) A single site time-share plan and component sites of...

Subchapter 4 - Protection of Purchasers

§ 18-14-401. Penalties - A developer or any other person subject to this chapter...

§ 18-14-402. Civil remedies - (a) (1) If a developer or any other person subject...

§ 18-14-403. Statute of limitations - (a) A judicial proceeding in which the accuracy of the...

§ 18-14-404. Required contents of public offering statements for time-share interests - (a) A public offering statement shall be provided to each...

§ 18-14-405. Material changes - (a) The developer shall amend or supplement the public offering...

§ 18-14-406. Other statutes not applicable - (a) A time-share plan in which a public offering statement...

§ 18-14-407. Escrow accounts — Other financial assurances - (a) Any deposit made with the purchase or reservation of...

§ 18-14-408. Guarantees for completion of time-share properties - (a) (1) If a developer contracts to sell a time-share...

§ 18-14-409. Mutual rights of cancellation - (a) (1) Before transfer of a time-share interest and no...

§ 18-14-410. Liens - (a) (1) Before a transfer of a time-share interest, the...

§ 18-14-411. Financial records — Examination - (a) The person or entity responsible for making or collecting...

Subchapter 5 - Advertising

§ 18-14-501. Filing of advertising materials - (a) All advertising materials proposed for use or used in...

§ 18-14-502. False advertising declared unlawful - (a) It is unlawful for a person with intent, directly...

§ 18-14-503. Prohibited advertising - An advertisement for the offer or sale of time-shares shall...

§ 18-14-504. Unfair acts or practices - (a) It is unlawful for a person to offer by...

§ 18-14-505. Enforcement - If the Arkansas Real Estate Commission determines that a person...

Subchapter 6 - Financing

§ 18-14-601. Financing of time-share plans - (a) In the financing of a time-share plan, the developer...

§ 18-14-602. Protection of purchasers from subsequent underlying lien - The developer whose project is subjected to an underlying blanket...

Subchapter 7 - Camping Sites

§ 18-14-701. Definition - As used in this subchapter, “time-share plan” shall have the...

§ 18-14-702. Camping site — Buyer's right to cancel - (a) In addition to any other right to revoke an...

§ 18-14-703. Seller to provide notice of cancellation — Form - (a) The seller of a camping site under a time-share...

Chapter 15 - Eminent Domain

Subchapter 1 - General Provisions

§ 18-15-101. Deduction from compensation of taxes due on real property - (a) When the State of Arkansas or any of its...

§ 18-15-102. Actions against corporations appropriating private property - (a) Whenever any corporation authorized by law to appropriate private...

§ 18-15-103. Bill of rights — Property owner - (a) The principles expressed in subsection (b) of this section...

Subchapter 2 - Counties and Municipal Corporations Generally

§ 18-15-201. Power to condemn for parks, boulevards, and public buildings — Improvement districts - (a) (1) The right of eminent domain is granted to...

§ 18-15-202. Counties — Power to condemn for water and sewer facilities - (a) (1) In addition to the purposes for which counties...

Subchapter 3 - Municipal Corporations Generally

§ 18-15-301. Municipal corporations — Power to condemn generally — Definitions - (a) The right and power of eminent domain is conferred...

§ 18-15-302. Municipal corporations — Power to condemn — Compensation for condemnation — Taking cemetery land - (a) There shall be included in the award of compensation...

§ 18-15-303. Municipal corporations — Power to condemn — Proceedings — Controversy - (a) (1) When it shall be deemed necessary by any...

§ 18-15-304. Hearing - (a) If it appears to the court or judge that...

§ 18-15-305. Payment of assessment — Disputes - (a) The assessment shall be made on each lot or...

§ 18-15-306. Verdict by jury - (a) The jury shall be sworn to make the whole...

§ 18-15-307. Compensation for and possession of property - (a) As soon as the amount of compensation that may...

§ 18-15-308. Amount of award - (a) In the event of the condemnation by a competent...

§ 18-15-309. Flood control improvements - (a) In addition to the purposes for which municipalities are...

Subchapter 4 - Municipal Corporations — Waterworks Systems

§ 18-15-401. Right to acquire property - (a) A municipality operating a waterworks system under the provisions...

§ 18-15-402. Authority to enter property — Liability - For the purpose of making investigations, surveys, tests, and measurements,...

§ 18-15-403. Preliminary proceedings for condemnation - (a) (1) When the operating authority determines to condemn property,...

§ 18-15-404. Assessment and payment of damages - (a) At the trial of the cause, a jury shall...

§ 18-15-405. Power, oil, and gas lines, etc - If any power, oil, or gas line or other public...

§ 18-15-406. Water pipelines and appurtenances - Water pipelines, with appurtenances, may be constructed and maintained: (1)...

§ 18-15-407. State or county roads - (a) If any portion of a state or county road...

§ 18-15-408. Cemeteries and graves - (a) (1) An operating authority of a municipal waterworks system...

§ 18-15-409. Controversy - (a) (1) When the determination of questions in controversy in...

§ 18-15-410. Rights of property owner upon entry by municipality - (a) If a municipality shall enter upon property which it...

Subchapter 5 - Electric Companies Generally

§ 18-15-501. Right-of-way construed - The right-of-way provided for under this section and §§ 18-15-502...

§ 18-15-502. Exception - No action to condemn the right-of-way over, upon, or along...

§ 18-15-503. Powers - (a) (1) (A) An electric utility organized or domesticated under...

§ 18-15-504. Petition for assessment of damages - (a) If an electric utility, having surveyed and located its...

§ 18-15-505. Appointment of guardian ad litem - In case of infants or persons of unsound mind, when...

§ 18-15-506. Trial by jury - It shall be the duty of the court to impanel...

§ 18-15-507. Damages - (a) (1) The amount of damages to be paid the...

§ 18-15-508. Deposit in case of controversy - (a) When the determination of questions in controversy in the...

§ 18-15-509. Destruction or injury to company property - A person who destroys or injures the wire, cable, pole,...

§ 18-15-510. Construction of hydroelectric dams — Rights-of-way for railroad in connection with use or construction of dam - (a) Every company authorized to construct hydroelectric dams in the...

§ 18-15-511. Declaration of public interest - The business of generating electricity, transmitting electricity, distributing electricity, or...

§ 18-15-512. Definition of “electric utility” - (a) (1) As used in this subchapter, “electric utility” means...

Subchapter 6 - Municipal Corporations — Water and Water-Generated Electric Companies

§ 18-15-601. Power of eminent domain - (a) All municipal corporations in this state and all corporations,...

§ 18-15-602. Right to draw, control, etc., water - (a) When a corporation in the construction of its waterworks,...

§ 18-15-603. Survey and map required - Whenever a corporation proposes to construct or extend the work...

§ 18-15-604. Petition - (a) (1) The municipal corporation or other corporation so intending...

§ 18-15-605. Damages — Deposits - (a) The further proceedings in the matter of assessment of...

§ 18-15-606. Appeals - Appeals may be taken by any party interested from the...

§ 18-15-607. Tapping of mains and supply pipes, nuisance, and pollution prohibited - A person shall be guilty of a violation and fined...

Subchapter 7 - Dams, Mills, Etc.

§ 18-15-701. Findings no bar to prosecution or action under other law — Exception - The inquest of the jury or the order and permission...

§ 18-15-702. Penalty - Any person who shall build or raise any dam or...

§ 18-15-703. Nuisance - All dams, stoppages, or obstructions not made according to law...

§ 18-15-704. Erection of certain dams permitted - By proceeding as provided in this subchapter, any person may...

§ 18-15-705. Petition required - (a) If a dam is proposed to be erected pursuant...

§ 18-15-706. Issuance of writ — Inquiry by jury - (a) (1) On filing the petition, it shall be the...

§ 18-15-707. Summons - (a) Upon the return of the inquest, the court shall...

§ 18-15-708. Refusal of permit - If upon a view of the inquest returned by the...

§ 18-15-709. Order - (a) If upon view it shall appear to the court...

§ 18-15-710. Rebuilding or repairing dam and mill - Whenever the dam and mill or other machinery has been...

§ 18-15-711. Raising of dam - Any owner of any dam and mill, or other machinery...

§ 18-15-712. Erection of dam by owner of land on one side of watercourse - (a) Any person being the owner in fee simple of...

§ 18-15-713. Cutting canal through another's land - Where mills or other machinery are proposed to be built,...

§ 18-15-714. Right of third person to build - If any person or his or her legal representatives to...

Subchapter 8 - Navigation, Coal, and Stone Companies

§ 18-15-801. Navigation companies connecting streams by railroad — Private purchases permitted - Nothing in §§ 18-15-802 — 18-15-806 shall prevent a company...

§ 18-15-802. Navigation companies connecting streams by railroad — Power of eminent domain - (a) (1) Any company formed for the purpose of buying...

§ 18-15-803. Navigation companies connecting streams by railroad — Petition - Any company desiring to avail itself of the benefits of...

§ 18-15-804. Navigation companies connecting streams by railroad — Jury - (a) When any company shall petition according to the requirements...

§ 18-15-805. Navigation companies connecting streams by railroad — Jury report — Payment - (a) (1) When any jury reports, as provided in §...

§ 18-15-806. Navigation companies connecting streams by railroad — Order to vest land in petitioner - (a) When any lands shall have been so appraised and...

§ 18-15-807. Packet, coal, and stone companies — Power of eminent domain - (a) (1) Any packet company organized under the laws of...

Subchapter 9 - Public Landings

§ 18-15-901. Establishment - (a) All public landings shall be laid out, opened, and...

§ 18-15-902. Notice of petition - (a) (1) Previous to any petition being presented for a...

§ 18-15-903. Landing and cotton yard - (a) Any five (5) or more freeholders residing in any...

§ 18-15-904. Petition to specify land - All petitions for the laying out and establishment of public...

§ 18-15-905. Appointment and function of viewers - (a) On presentation of the petition and proof of notice...

§ 18-15-906. Order for viewers to proceed - The county court shall issue its order directing viewers to...

§ 18-15-907. Notice of viewers' meeting - (a) (1) It shall be the duty of one (1)...

§ 18-15-908. Proceedings and report of viewers - (a) (1) It shall be the duty of the viewers...

§ 18-15-909. Assistance of viewers by surveyor - The viewers may call a surveyor to assist them in...

§ 18-15-910. Consequences of viewers' report - (a) On receiving the report of the viewers, the county...

§ 18-15-911. Order to open and maintain landing - After any public landing as provided in this subchapter has...

§ 18-15-912. Review and appeal - The right to have the county court review the proceedings...

§ 18-15-913. Public entry, use, and occupation upon order of payment - In all cases in which damages for land proposed to...

§ 18-15-914. Deposit upon controversy - (a) When the determination of questions in controversy in these...

§ 18-15-915. Lease - (a) The county court may lease a public landing for...

§ 18-15-916. Fees and expenses - (a) For each day necessarily employed, to be charged as...

Subchapter 10 - Levee and Drainage Districts

§ 18-15-1001. Purpose - It is expressly declared to be the purpose of this...

§ 18-15-1002. Power of eminent domain - (a) The board of directors or commissioners of any levee...

§ 18-15-1003. Appraisers - (a) (1) Circuit judges of all counties in which it...

§ 18-15-1004. Petition — Appraisal — Summons - (a) Whenever any levee or drainage district deems it necessary...

§ 18-15-1005. Exception — Trial — Injunction - (a) (1) If no exception is filed by the owner...

§ 18-15-1006. Payment of award — Adjudication of claim - (a) (1) If no exception shall be taken to the...

§ 18-15-1007. Refusal to pay award upon abandonment of line - Any levee or drainage district may refuse to pay the...

§ 18-15-1008. Appropriation of land without owner's consent - (a) Whenever the board of directors or commissioners of any...

§ 18-15-1009. Limitation on actions and damages - (a) All actions for the recovery of damages against any...

§ 18-15-1010. Fees - (a) The appraisers provided for in this section and §§...

§ 18-15-1011. Acquisition of flowage and storage rights and other servitudes - (a) (1) Whenever it becomes necessary for any levee or...

Subchapter 11 - Irrigation Companies

§ 18-15-1101. Private property generally - (a) All corporations organized in this state for the purpose...

§ 18-15-1102. Drawing or directing water from watercourse - (a) Whenever a corporation, in the construction of its system...

§ 18-15-1103. Condemnation of property upon failure to obtain by consent, contract, or agreement - In the event a corporation fails, upon application to individuals,...

§ 18-15-1104. Construction across or under railroad - A corporation shall have the right to construct its canals,...

§ 18-15-1105. Right-of-way and construction in city and town - (a) The city council of any city of the first...

§ 18-15-1106. Construction and repair of bridges across canals - (a) (1) Whenever any irrigation corporation in this state constructs...

§ 18-15-1107. Supply of water to adjacent landowners - (a) Water shall be supplied to the owners of all...

Subchapter 12 - Railroad, Telegraph, and Telephone Companies

§ 18-15-1201. Definition - The words “right-of-way”, as used in this subchapter, shall mean...

§ 18-15-1202. Petition for condemnation - (a) (1) Any railroad, telegraph, or telephone company, organized under...

§ 18-15-1203. Appointment of guardian ad litem - In all cases of infants or persons with mental illness,...

§ 18-15-1204. Assessment of damages by jury - (a) It shall be the duty of the court to...

§ 18-15-1205. Payment or deposit of damages and costs - (a) In all cases in which damages for the right-of-way...

§ 18-15-1206. Deposit upon controversy - (a) In cases in which the determination of questions in...

§ 18-15-1207. Failure to pay or deposit - In all cases in which the company shall not pay...

Subchapter 13 - Mineral Oil, Petroleum, Natural Gas, and Lumber Companies

§ 18-15-1301. Pipelines and logging and tram roads - (a) Any corporation organized by virtue of the laws of...

§ 18-15-1302. Right to enter, survey, etc. — Plat or map - (a) (1) Whenever a corporation desires to construct a pipeline...

§ 18-15-1303. Procedure for condemnation - In the event any company fails, upon application to individuals,...

§ 18-15-1304. Abandonment of logging railroad or tram road - When a logging railroad or tram road is abandoned, the...

Subchapter 14 - Cemeteries

§ 18-15-1401. Right of eminent domain to take land for burial purposes - (a) All cities of the first class and cities of...

§ 18-15-1402. Consent of two-thirds of members or owners required - No property shall be condemned and taken for public burial...

§ 18-15-1403. Application - (a) When it shall be deemed necessary by the city...

§ 18-15-1404. Setting of time for inquiry - If it shall appear to the court or judge that...

§ 18-15-1405. Summoning of jury for inquiry - (a) A jury shall be summoned for the purpose of...

§ 18-15-1406. Determination of compensation — Dispute - (a) The jury shall hear the evidence and determine the...

§ 18-15-1407. Costs - The cost of the condemnation proceedings provided for in this...

§ 18-15-1408. Public property - (a) If a cemetery located on land of a private...

Subchapter 15 - Housing and Urban Renewal

§ 18-15-1501. Federal housing projects — Legislative declarations - (a) It is declared that: (1) Unsanitary and unsafe dwelling...

§ 18-15-1502. Federal housing projects — Definition - (a) The term “housing project” whenever used in this section,...

§ 18-15-1503. Federal housing projects — Right of eminent domain - (a) (1) Any corporation which is an agency of the...

§ 18-15-1504. Housing authorities — Power of eminent domain - (a) A housing authority shall have the right to acquire...

§ 18-15-1505. Urban renewal agencies - (a) (1) (A) From and after the passage of this...

Subchapter 16 - Traction Companies

§ 18-15-1601. Authority to condemn - (a) (1) Every traction company shall have the right to...

Subchapter 17 - Private Property Protection Act

§ 18-15-1701. Title - This subchapter shall be known and may be cited as...

§ 18-15-1702. Definitions - As used in this subchapter: (1) “Fair market value” means...

§ 18-15-1703. Taking — Application - (a) (1) An owner of real property asserting a taking...

§ 18-15-1704. Statute of limitations - (a) (1) A lawsuit under this subchapter shall be filed...

§ 18-15-1705. Cumulative remedies - (a) The remedies provided under this subchapter are not exclusive...

§ 18-15-1706. Appeals - An appeal from the final judgment of the cause of...

Chapter 16 - Landlord and Tenant

Subchapter 1 - General Provisions

§ 18-16-101. Failure to pay rent — Refusal to vacate upon notice — Penalty - (a) Any person who shall rent any dwelling house or...

§ 18-16-105. Termination of oral lease of farmlands - The owner of farmlands that are rented or leased under...

§ 18-16-108. Property left on premises after termination of lease - (a) Upon the voluntary or involuntary termination of any lease...

§ 18-16-110. Landlord's liability arising from alleged defects or disrepair of premises - No landlord or agent or employee of a landlord shall...

§ 18-16-111. Manufactured homes and mobile homes on leased land — Definitions - (a) As used in this section: (1) “Lessee” means the...

§ 18-16-112. Protection for victims of domestic abuse — Definitions - (a) As used in this section: (1) “Documented incident of...

§ 18-16-113. Hunting and fishing rights — Leased farmland - (a) (1) A tenant of leased or rented farmland shall...

Subchapter 3 - Security Deposits

§ 18-16-301. Definitions - As used in this subchapter: (1) “Dwelling unit” means a...

§ 18-16-302. Transferee, etc., bound - The transferee, assignee, or other holder of the landlord's interest...

§ 18-16-303. Exemptions - (a) This subchapter shall not apply to dwelling units owned...

§ 18-16-304. Maximum amount - A landlord may not demand or receive a security deposit,...

§ 18-16-305. Refund required — Exceptions - (a) (1) Within sixty (60) days of termination of the...

§ 18-16-306. Remedies - (a) (1) If the landlord fails to comply with this...

Subchapter 4 - Self-Service Storage Facilities

§ 18-16-401. Definitions - As used in this subchapter: (1) “Default” means the failure...

§ 18-16-402. Operator's lien on stored property - (a) (1) An operator of a self-service storage facility has...

§ 18-16-403. Use for residential purposes - (a) An operator may not knowingly permit a leased space...

§ 18-16-404. Notice of lien - A rental agreement shall contain a statement in bold type...

§ 18-16-405. Access to leased space — Care of property - (a) If an occupant is in default, the operator may...

§ 18-16-406. Default — Right to sell or remove property - (a) If the occupant is in default for more than...

§ 18-16-407. Sale and removal procedure - (a) Before conducting a sale or removal of personal property...

§ 18-16-408. Disposition of sale proceeds - (a) Proceeds from the sale shall be applied to satisfy...

§ 18-16-409. Notices — Method of delivery - (a) Unless otherwise specifically provided, all notices required by this...

§ 18-16-410. Limits on value of stored property - If the rental agreement contains a specified limit on the...

§ 18-16-411. Conditions and limitations for imposing late fees - (a) If the amount of a late fee and the...

§ 18-16-412. Disposal of personal information — Definition - (a) (1) As used in this section, “personal information” means...

§ 18-16-413. Sale of a vehicle - A self-service storage facility may sell a vehicle of a...

Subchapter 5 - Tenant Liability — Eviction

§ 18-16-501. Common nuisance — Criminal offense - Any tenant who uses or allows another person to use...

§ 18-16-502. Gambling — Prostitution — Alcohol - For purposes of this subchapter, any tenant who engages in...

§ 18-16-503. Complaint — Jurisdiction — Definition - (a) The prosecuting attorney of the county, the city attorney...

§ 18-16-504. Form of complaint - A complaint filed under this subchapter shall state the name...

§ 18-16-505. Summons — Notice - Upon the filing of a complaint under this subchapter, the...

§ 18-16-506. Written objection - (a) If within five (5) days, excluding Sundays and legal...

§ 18-16-507. Writ of possession — Definition - (a) Upon receipt of a writ of possession from the...

§ 18-16-508. Costs and attorney's fees — Damages - (a) (1) A court granting relief under this subchapter may...

§ 18-16-509. Immunity from civil liability - For any action or threatened action taken to enforce a...

Chapter 17 - Arkansas Residential Landlord-Tenant Act of 2007

Subchapter 1 - Title, Construction, Application, and Subject Matter of Chapter

§ 18-17-101. Title - This chapter shall be known and may be cited as...

§ 18-17-102. Purposes — Rules of construction - (a) This chapter shall be liberally construed and applied to...

§ 18-17-103. Administration of remedies — Enforcement - (a) The remedies provided by this chapter shall be administered...

§ 18-17-104. Settlement of disputed claim or right - A claim or right arising under this chapter or on...

Subchapter 2 - Scope and Jurisdiction

§ 18-17-201. Territorial application - This chapter applies to, regulates, and determines rights, obligations, and...

§ 18-17-202. Exclusions from application of chapter - The following arrangements are not governed by this chapter: (1)...

§ 18-17-203. Jurisdiction and service of process - The district court or appropriate court of this state shall...

Subchapter 3 - General Definitions and Principles of Interpretation — Notice

§ 18-17-301. General definitions - As used in this chapter: (1) “Action” means a recoupment,...

§ 18-17-302. Obligation of good faith - Every duty under this chapter and every act that shall...

§ 18-17-303. Notice - (a) (1) A person has notice of a fact if:...

Subchapter 4 - General Provisions

§ 18-17-401. Terms and conditions of rental agreement - (a) A landlord and a tenant may include in a...

Subchapter 5 - Landlord Obligations

§ 18-17-501. Security deposits - Section 18-16-301 et seq. shall determine: (1) Whether a security...

Subchapter 6 - Tenant Obligations

§ 18-17-601. Tenant to maintain dwelling unit - A tenant shall: (1) Comply with all obligations primarily imposed...

§ 18-17-602. Access - (a) A tenant shall not unreasonably withhold consent to the...

§ 18-17-603. Tenant to use and occupy - Unless otherwise agreed, a tenant shall occupy his or her...

Subchapter 7 - Landlord Remedies

§ 18-17-701. Noncompliance with rental agreement — Failure to pay rent — Removal of evicted tenant's personal property - (a) (1) Except as provided in this chapter, if there...

§ 18-17-702. Noncompliance affecting health and safety - (a) (1) If there is noncompliance by the tenant with...

§ 18-17-703. Remedy after termination - If the rental agreement is terminated, the landlord has a...

§ 18-17-704. Periodic tenancy — Holdover remedies - (a) The landlord or the tenant may terminate a week-to-week...

§ 18-17-705. Landlord remedies for refusal of access to rental property - (a) If the tenant refuses to allow lawful access, the...

§ 18-17-706. Payment of rent into court - In any action in which the landlord sues for possession...

§ 18-17-707. Bond on appeal and order staying execution - (a) Upon appeal to the circuit court, the case shall...

Subchapter 8 - Miscellaneous

§ 18-17-801. Severability - If any provision of this chapter or the application thereof...

§ 18-17-802. Prior transactions - Transactions entered into before July 31, 2007, and not extended...

Subchapter 9 - Eviction Proceedings

§ 18-17-901. Grounds for eviction of tenant - (a) A landlord or his or her agent may commence...

§ 18-17-902. Eviction proceeding - (a) (1) (A) When grounds exist for eviction of a...

§ 18-17-903. Service of order — Posting and mailing requirements - (a) The copy of the order to vacate under §...

§ 18-17-904. Tenant ejected on failure to show cause - If the tenant fails to appear and show cause within...

§ 18-17-905. Trial of issue - If the tenant appears and contests eviction, the court shall...

§ 18-17-906. Designation of parties in eviction - In any eviction proceeding in a district court, the landlord...

§ 18-17-907. Effect of judgment for plaintiff - If the judgment is for the plaintiff, the district court...

§ 18-17-908. Effect of judgment for defendant - If the judgment is for the defendant, the tenant shall...

§ 18-17-909. Appeal - Either party may appeal in an eviction case and the...

§ 18-17-910. Bond required to stay eviction on appeal - (a) An appeal in an eviction case will not stay...

§ 18-17-911. Accrual of rent after institution of proceedings - (a) (1) After the commencement of eviction proceedings by the...

§ 18-17-912. Commercial leases - (a) In any action involving a commercial lease in which...

§ 18-17-913. Execution of writ of possession - In executing a writ of possession, the sheriff shall proceed...

Subtitle 3 - Personal Property

Chapter 27 - Rights in Personal Property

Subchapter 1 - General Provisions

§ 18-27-101. Joint tenancy in stock certificate - (a) In any instance in which any corporation or cooperative...

§ 18-27-102. Safe-deposit boxes - (a) Any state, national or private bank, savings and loan...

§ 18-27-103. Abandonment of personal property - (a) Upon the purchase of land at a judicial sale,...

Subchapter 2 - Pawnbrokers

§ 18-27-204. Limitations on the purchase and disposition of personal property — Definition - (a) As used in this section, “pawnbroker” means any person,...

Subchapter 3 - Dealer in Secondhand Goods Reform and Disclosure Act

§ 18-27-301. Title - This subchapter shall be known and may be cited as...

§ 18-27-302. Definitions - As used in this subchapter: (1) “Dealer” means an individual...

§ 18-27-303. Recovery of personal property and identifiable stolen personal property — Liability - (a) An owner of stolen personal property may request that...

§ 18-27-304. Notice concerning recovery of personal property and identifiable stolen personal property - (a) Once an owner requests the return of stolen property,...

§ 18-27-305. Limitations on the purchase, maintenance, and disposition of personal property — Defacing identifiable stolen personal property - A dealer shall not: (1) Purchase or receive personal property...

§ 18-27-306. Penalties - A violation of this subchapter by a dealer is a...

Chapter 28 - Unclaimed Property

Subchapter 1 - General Provisions

§ 18-28-101. Abandonment of property with service or repair shops — Disposition - (a) Any item of clothing left at a dry cleaners...

§ 18-28-102. Abandonment of jewelry with jeweler or merchant for service, repair, or on consignment — Disposition - (a) An item of jewelry left with a jeweler or...

Subchapter 2 - Unclaimed Property Act

§ 18-28-201. Definitions - In this subchapter: (1) “Administrator” means the Auditor of State....

§ 18-28-202. Presumptions of abandonment - (a) Property is presumed abandoned if it is unclaimed by...

§ 18-28-203. Contents of safe deposit box or other safekeeping depository - Tangible property held in a safe deposit box or other...

§ 18-28-204. Rules for taking custody - Except as otherwise provided in this subchapter or by other...

§ 18-28-205. Dormancy charge - A holder may deduct from property presumed abandoned a charge...

§ 18-28-206. Burden of proof as to property evidenced by record of check or draft - A record of the issuance of a check, draft, or...

§ 18-28-207. Report of abandoned property - (a) A holder of property presumed abandoned shall make a...

§ 18-28-208. Payment or delivery of abandoned property - (a) Except for property held in a safe deposit box...

§ 18-28-209. Notice and publication of lists of abandoned property - The administrator shall publish a notice not later than November...

§ 18-28-210. Custody by state — Recovery by holder — Defense of holder - (a) In this section, payment or delivery is made in...

§ 18-28-211. Crediting of dividends, interest, and increments to owner's account - If property other than money is delivered to the administrator...

§ 18-28-212. Public sale of abandoned property - (a) (1) Except as otherwise provided in this section, the...

§ 18-28-213. Deposit of funds. — Definition - (a) (1) The funds received under this subchapter, including the...

§ 18-28-214. Claim of another state to recover property - (a) After property has been paid or delivered to the...

§ 18-28-215. Filing claim with administrator — Handling of claims by administrator - (a) A person, excluding another state, claiming property paid or...

§ 18-28-216. Action to establish claim - A person aggrieved by a decision of the administrator or...

§ 18-28-217. Election to take payment or delivery - (a) The administrator may decline to receive property reported under...

§ 18-28-218. Destruction or disposition of property having no substantial commercial value — Immunity from liability - If the administrator determines after investigation that property delivered under...

§ 18-28-219. Periods of limitation - (a) The expiration, before or after July 30, 1999, of...

§ 18-28-220. Requests for reports and examination of records - (a) The administrator may require a person who has not...

§ 18-28-221. Retention of records - (a) Except as otherwise provided in subsection (b), a holder...

§ 18-28-222. Enforcement - The administrator may maintain an action in this or another...

§ 18-28-223. Interstate agreements and cooperation — Joint and reciprocal actions with other states - (a) The administrator may enter into an agreement with another...

§ 18-28-224. Interest and penalties - (a) A holder who fails to report, pay, or deliver...

§ 18-28-225. Agreement to locate property - (a) An agreement by an owner, the primary purpose of...

§ 18-28-226. Foreign transactions - This subchapter does not apply to property held, due, and...

§ 18-28-227. Transitional provisions - (a) An initial report filed under this subchapter for property...

§ 18-28-228. Rules - The administrator may adopt pursuant to the Arkansas Administrative Procedure...

§ 18-28-229. Uniformity of application and construction - This subchapter shall be applied and construed to effectuate its...

§ 18-28-230. Periods of limitation not a bar - Any statute of limitations that would vest the ownership of...

§ 18-28-231. Escheatment — United States savings bond - (a) Notwithstanding any law to the contrary, including § 18-28-202(a)(10)...

Subchapter 4 - Mineral Proceeds

§ 18-28-401. Definitions - As used in this subchapter: (1) “Holder” means a person,...

§ 18-28-402. Escrow accounts - (a) (1) A holder of mineral proceeds shall establish an...

§ 18-28-403. Abandoned mineral proceeds — Disposition of funds - (a) (1) (A) All mineral proceeds that are held or...

§ 18-28-404. Reports - A report required to be made to the Auditor of...

Chapter 29 - Property Sales

Subchapter 2 - Unused Property

§ 18-29-201. Definitions - As used in this subchapter: (1) “Baby food” or “infant...

§ 18-29-202. Prohibited unused property sale items - (a) No unused property merchant shall offer for sale at...

§ 18-29-203. Receipts - (a) (1) Every unused property merchant shall maintain receipts for...

§ 18-29-204. Penalty - The penalty for violation of this subchapter shall be as...

Subtitle 4 - Mortgages And Liens

Chapter 40 - Mortgages

§ 18-40-101. Proof or acknowledgment — Recording - All mortgages of real estate shall be proven or acknowledged...

§ 18-40-102. Lien attaches when recorded - Every mortgage of real estate shall be a lien on...

§ 18-40-103. Extension of maturity date - (a) (1) No agreement for the extension of the date...

§ 18-40-104. Acknowledgment of satisfaction on record - (a) If a mortgagee or his or her executor, administrator,...

§ 18-40-105. Certification upon payment before sale - If mortgaged property is redeemed by payment to the officer...

§ 18-40-106. Sufficiency of satisfaction — Transfer or assignment - (a) (1) Satisfaction of any mortgage, deed of trust, vendor's...

§ 18-40-107. Attestation of satisfaction — Separate release - (a) In all cases in which the party receiving satisfaction...

§ 18-40-108. Validation of prior releases - (a) All releases of mortgages, liens, liens under deeds of...

§ 18-40-109. Transfer, etc., by separate instrument - (a) (1) No provision contained in §§ 18-40-103, 18-40-106, 18-40-107,...

§ 18-40-110. Recording by public utilities covering property situated in more than one county - (a) Every mortgage, deed of trust, and instrument supplementary thereto,...

Chapter 41 - Landlords' Liens

§ 18-41-101. Lien on crop — Period effective — Definition - (a) Every landlord shall have a lien upon the crop...

§ 18-41-102. Liability of subtenants - Any person subrenting lands or tenements shall be held responsible...

§ 18-41-103. Lien for advances — Enforcement - (a) (1) In addition to the lien given by law...

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Arkansas Code Title 18 - Property

Arkansas Code
Title 18 - Property