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14-54-1504. Temporary injunction — Bond required — Precedence.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-54-1504. Temporary injunction — Bond required — Precedence.
(a) If the existence of the nuisance is shown in the action to the satisfaction of the court, the court shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the nuisance.
(b) On granting the temporary writ, the court shall require a bond on the part of the applicant to the effect that the applicant will pay to the enjoined defendant such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction should the court finally decide that the applicant was not entitled to the injunction. No bond shall be required where the proceeding is instituted by the city attorney.
(c) The action shall be filed in the circuit court and have precedence over all other actions except election contests, hearings on injunctions, and hearings under §§ 5-74-109 and 16-105-403.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-54-1504
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:14-54-1504
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 911f3879a3c26caa2e70fff0d8b216bb4ac714fa5fc860ae1e381ee8276680a5
Source location: content.xml paragraph 15942
Stored source content
14-54-1504. Temporary injunction — Bond required — Precedence.
(a) If the existence of the nuisance is shown in the action to the satisfaction of the court, the court shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the nuisance.
(b) On granting the temporary writ, the court shall require a bond on the part of the applicant to the effect that the applicant will pay to the enjoined defendant such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction should the court finally decide that the applicant was not entitled to the injunction. No bond shall be required where the proceeding is instituted by the city attorney.
(c) The action shall be filed in the circuit court and have precedence over all other actions except election contests, hearings on injunctions, and hearings under §§ 5-74-109 and 16-105-403.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-105-403
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-105-403. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-74-109. Premises and real property used by criminal gangs, organizations, or enterprises, or used by anyone in committing a continuing series of violations — Civil remedies.
(a) Intent. The intent of the General Assembly in this section is to enact civil remedies that eliminate the availability of any premises for use in the commission of a continuing series of criminal offenses.
(b) Common Nuisance Declared. Any premises, building, or place used to facilitate the commission of a continuing series of three (3) or more criminal violations of Arkansas law is declared to be detrimental to the law-abiding citizens of the state and may be subject to an injunction, a court-ordered eviction, or a cause of action for damages as provided for in this subchapter.
(c)Action to Abate — Permanent Injunction — Verification of Complaint.
(1) When there is reason to believe a common nuisance under subsection (b) of this section is kept or maintained, or exists in any county, the prosecuting attorney of the county in the name of the state, or the city attorney of any incorporated city, or any citizen of the state or a resident of the county in his or her own name, may enjoin permanently the person conducting or maintaining the nuisance and the owner, lessee, or agent of the building or place in or upon which the nuisance exists from directly or indirectly maintaining or permitting the nuisance.
(2) Unless filed by the prosecuting attorney, the complaint in the action shall be verified.
(d) Inspection Warrant. When there is reasonable cause to believe that any premises is being maintained in violation of this section, any judicial officer may, upon the petition of the prosecuting attorney, issue an inspection warrant for the premises.
(e)Temporary Injunction — Bond Requi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-74-109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-74-109. This identifies an authority to review, not proof of applicability.