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18-11-107. Required disclosure by closing agent — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-11-107. Required disclosure by closing agent — Definitions.
(a) As used in this section:
(1) “Agricultural operation” means an agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including:
(A) The care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses;
(B) The planting, cultivating, harvesting, and processing of crops and timber; and
(C) The production of any plant or animal species in a controlled freshwater or saltwater environment; and
(2) “Closing agent” means a person that facilitates a closing.
(b) A closing agent shall provide a written disclosure statement before or at the time of closing a real estate transaction that makes a buyer of real property aware that:
(1) The real property may be located within or near a rural area; and
(2) Agricultural operations on real property nearby are protected under § 2-4-101 et seq. and shall not be found to be a public or private nuisance if the agricultural operation employs methods or practices that are commonly or reasonably associated with agricultural production.
(c) A cause of action shall not arise against and liability shall not be imposed upon a closing agent or a closing agent's employer due to a failure to provide a buyer of real property the written disclosure statement required under subsection (b) of this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-11-107
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:18-11-107
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 53702d6a64e6460d6b1b683b7e2f31bb90bf57de78b636f373df26c1afb74d83
Source location: content.xml paragraph 602
Stored source content
18-11-107. Required disclosure by closing agent — Definitions.
(a) As used in this section:
(1) “Agricultural operation” means an agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including:
(A) The care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses;
(B) The planting, cultivating, harvesting, and processing of crops and timber; and
(C) The production of any plant or animal species in a controlled freshwater or saltwater environment; and
(2) “Closing agent” means a person that facilitates a closing.
(b) A closing agent shall provide a written disclosure statement before or at the time of closing a real estate transaction that makes a buyer of real property aware that:
(1) The real property may be located within or near a rural area; and
(2) Agricultural operations on real property nearby are protected under § 2-4-101 et seq. and shall not be found to be a public or private nuisance if the agricultural operation employs methods or practices that are commonly or reasonably associated with agricultural production.
(c) A cause of action shall not arise against and liability shall not be imposed upon a closing agent or a closing agent's employer due to a failure to provide a buyer of real property the written disclosure statement required under subsection (b) of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
2-4-101. Purpose.
It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest lands and other facilities for the production of food, fiber, and other agricultural and silvicultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations. Many are discouraged from making investments in farm or other agricultural improvements. It is the purpose of this chapter to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-4-101
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 2-4-101. This identifies an authority to review, not proof of applicability.