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16-105-403. Action to abate — Permanent injunction — Definition.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-105-403
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 98f470760d12a698a883ff4523a0fa0c0ec71ab1819e6390bab7b040b4dc4457
Source location: content.xml paragraph 42101
Stored source content
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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-105-402. Common nuisance declared — Definition.
(a) As used in this section, “owner” means a person in whom is vested the ownership and title of property and who is the owner of record, including without limitation a local, city, state, or federal governmental entity.
(b)(1) A store, shop, warehouse, dwelling house, building, boat, airplane, or other property or structure used for the purpose of unlawfully selling, storing, keeping, manufacturing, using, or donating a controlled substance, precursor, or analog under the Uniform Controlled Substances Act, § 5-64-101 et seq., is detrimental to the public morals and is a common nuisance, and a court shall order that the common nuisance be enjoined, abated, and prevented.
(2) Costs of enjoinment, abatement, and prevention and damages may be recovered against a person or entity found to be the owner of the common nuisance property.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-105-402
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 16-105-402. This identifies an authority to review, not proof of applicability.