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16-105-206. Petition for abatement.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-105-206. 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, by and upon the relation of any persons named in § 16-105-205, 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)(1) However, when a bill or petition is filed by citizens 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.
(2) 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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-105-206
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:16-105-206
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 463670633b2eb8502a14a91eeeebbb61efb2bc87eaaca98ed0969b0344be6251
Source location: content.xml paragraph 41832
Stored source content
16-105-206. 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, by and upon the relation of any persons named in § 16-105-205, 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)(1) However, when a bill or petition is filed by citizens 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.
(2) 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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-105-205. Jurisdiction — Parties who may bring action.
Jurisdiction is conferred upon the circuit courts of this state to abate the public nuisances defined in § 16-105-204, upon petition in the name of the state, upon relation of the Attorney General or any prosecuting attorney of the state, or without the concurrence of the officers, upon the relation of five (5) or more citizens and freeholders of the county wherein the public nuisances may exist, in the manner provided in this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-105-205
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 16-105-205. This identifies an authority to review, not proof of applicability.