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16-105-305. Petition for abatement.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-105-305
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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Stable record: arkansas_code:legal_authorities:16-105-305
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bf9db4cd40576c55f61783b847307b02c5e6ae0b041a260c87c03a74619bc572
Source location: content.xml paragraph 41989
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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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-105-304
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 16-105-304. This identifies an authority to review, not proof of applicability.