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17-50-404. Property subject to forfeiture.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-50-404. Property subject to forfeiture.
The following are subject to forfeiture upon the initiation of a civil proceeding filed by the prosecuting attorney and when so ordered by the circuit court in accordance with this subchapter:
(1) Contraband property used or intended to be used in violation of § 17-50-104;
(2) The proceeds gained from a violation of § 17-50-104;
(3) Personal property acquired with proceeds gained from a violation of § 17-50-104;
(4)(A) All conveyances, including vehicles and rigs, that are used or intended for use to facilitate a violation of § 17-50-104.
(B) No conveyance used as a common carrier by any person in business as a common carrier is subject to forfeiture unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter.
(C) No conveyance is subject to forfeiture under this subchapter by reason of any act or omission established by the owners to have been committed or omitted without the owners' knowledge or consent.
(D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party or parties;
(5) All materials including pumping equipment, casing, piping, motors, and other equipment used or intended for use in violation of § 17-50-104;
(6)(A) Everything of value furnished or intended to be furnished in exchange for a violation of § 17-50-104 or all profits, proceeds, or property, excluding real property, traceable to such an exchange.
(B) It may be presumed that the property described in subdivision (6)(A) of this section was acquired with proceeds gained from a violation of § 17-50-104 and is subject to forfeiture; and
(7) Property used in a violation of § 17-50-104 that has titl
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-50-404
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:17-50-404
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 335211eeb66b9789f204704d8b83fcd80f1f06643e00afd7fd176c841787fc86
Source location: content.xml paragraph 18010
Stored source content
17-50-404. Property subject to forfeiture.
The following are subject to forfeiture upon the initiation of a civil proceeding filed by the prosecuting attorney and when so ordered by the circuit court in accordance with this subchapter:
(1) Contraband property used or intended to be used in violation of § 17-50-104;
(2) The proceeds gained from a violation of § 17-50-104;
(3) Personal property acquired with proceeds gained from a violation of § 17-50-104;
(4)(A) All conveyances, including vehicles and rigs, that are used or intended for use to facilitate a violation of § 17-50-104.
(B) No conveyance used as a common carrier by any person in business as a common carrier is subject to forfeiture unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter.
(C) No conveyance is subject to forfeiture under this subchapter by reason of any act or omission established by the owners to have been committed or omitted without the owners' knowledge or consent.
(D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party or parties;
(5) All materials including pumping equipment, casing, piping, motors, and other equipment used or intended for use in violation of § 17-50-104;
(6)(A) Everything of value furnished or intended to be furnished in exchange for a violation of § 17-50-104 or all profits, proceeds, or property, excluding real property, traceable to such an exchange.
(B) It may be presumed that the property described in subdivision (6)(A) of this section was acquired with proceeds gained from a violation of § 17-50-104 and is subject to forfeiture; and
(7) Property used in a violation of § 17-50-104 that has title of ownership with two (2) parties on the title or a cosigner if one (1) party on the title uses the property in violation of § 17-50-104 or receives titled property as the proceeds of the violation even if the second party claims that he or she did not have knowledge or involvement in the violation.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-50-104. Violations.
(a) It shall be unlawful and a violation of this chapter, unless exempted under the provisions of §§ 17-50-107(b) and 17-50-108(b), for:
(1) Any person to engage in well construction or pump installation unless the work is performed under the supervision of an individual certified by the Commission on Water Well Construction in the type of work done;
(2)(A) Any water well contractor to fail to deliver a report on well construction to the commission within ninety (90) days after completion of well construction.
(B) The report on well construction shall contain such information as may be requested by appropriate rules of the commission and shall be upon forms supplied by the commission;
(3) Any person to install, construct, repair, or alter a water well or pumping equipment which is not in compliance with appropriate rules or is a health hazard;
(4) A person to operate a rig without a permit as prescribed in § 17-50-310; or
(5) A person to enter into a contract for well construction or pump installation or hold himself or herself out in the business as a water well contractor without posting bond or bond fee and holding a license as provided in §§ 17-50-304 — 17-50-309.
(b) Every day or any part of a day in which a violation occurs shall constitute a separate offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-50-104
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 17-50-104. This identifies an authority to review, not proof of applicability.