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15-72-209. Right of others to confine gas.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-72-209. Right of others to confine gas.
In addition to the penalties described in § 15-72-202 for failure to confine natural gas, any person or corporation lawfully in possession of lands upon which the gas well is situated or adjoining or adjacent thereto or in the vicinity of the well may enter upon the lands on which such well is situated and take possession of the well from which the gas is allowed to escape in violation of § 15-72-202, after the failure for ten (10) hours of the party in control thereof to use the utmost diligence to confine the gas, pack and tube the well, and shut in and secure the flow of gas, and may maintain a civil action in any court of competent jurisdiction in this state against the owner, lessee, agent, or manager of the well, and each of them, jointly or severally, to recover the cost and expense of the tubing and packing, together with attorney's fees to be taxed as part of the cost.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-72-209
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:15-72-209
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9703cd5b13ec06b35c130e16194ae2f083778241cb66d5a0450633af140b86a5
Source location: content.xml paragraph 23859
Stored source content
15-72-209. Right of others to confine gas.
In addition to the penalties described in § 15-72-202 for failure to confine natural gas, any person or corporation lawfully in possession of lands upon which the gas well is situated or adjoining or adjacent thereto or in the vicinity of the well may enter upon the lands on which such well is situated and take possession of the well from which the gas is allowed to escape in violation of § 15-72-202, after the failure for ten (10) hours of the party in control thereof to use the utmost diligence to confine the gas, pack and tube the well, and shut in and secure the flow of gas, and may maintain a civil action in any court of competent jurisdiction in this state against the owner, lessee, agent, or manager of the well, and each of them, jointly or severally, to recover the cost and expense of the tubing and packing, together with attorney's fees to be taxed as part of the cost.
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Arkansas Code — all titles (historical 2020) · legal_authorities
15-72-202. Penalties for violation of certain sections.
(a) Any person, firm, or corporation violating § 15-72-206, § 15-72-208(a), § 15-72-217, § 15-72-208(b), § 15-72-210, or § 15-72-211 is subject to a civil penalty for each violation not to exceed two thousand five hundred dollars ($2,500), to be assessed by the Oil and Gas Commission.
(b) If the civil penalty is not recovered by the commission within the time frame specified by the commission, the civil penalty and a reasonable attorney's fee to be fixed by the court may be recovered in an action brought by the commission in the name of the State of Arkansas.
(c) The civil penalty and attorney's fees collected shall be turned into the general road fund of the county where a leak is located to be used on the roads, bridges, and highways of the county, in the discretion of the county court.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-72-202
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 15-72-202. This identifies an authority to review, not proof of applicability.