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18-16-503. Complaint — Jurisdiction — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-16-503. Complaint — Jurisdiction — Definition.
(a) The prosecuting attorney of the county, the city attorney of the city, the landlord, the premises owner, or the agent for the premises owner may file a complaint in the office of the clerk of the court for the eviction of any tenant who has used or has allowed another person to use the tenant's leased premises for use as a common nuisance as defined by § 5-74-109(b) or § 16-105-402 or for a criminal offense as identified in § 18-16-502.
(b) A civil action under this subchapter is cognizable before the:
(1) Circuit court of any county in which an act described in § 18-16-501 or § 18-16-502 is committed; and
(2) District court with jurisdiction concurrent with the jurisdiction of the circuit court if permitted by rule or order of the Supreme Court.
(c) As used in this subchapter, “court” means:
(1) A circuit court; and
(2) If permitted by rule or order of the Supreme Court, a district court.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-16-503
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:18-16-503
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 953b1f80921d983cea297cc1189c47364d38f93a572b34cf76ce9196d7642eaa
Source location: content.xml paragraph 5719
Stored source content
18-16-503. Complaint — Jurisdiction — Definition.
(a) The prosecuting attorney of the county, the city attorney of the city, the landlord, the premises owner, or the agent for the premises owner may file a complaint in the office of the clerk of the court for the eviction of any tenant who has used or has allowed another person to use the tenant's leased premises for use as a common nuisance as defined by § 5-74-109(b) or § 16-105-402 or for a criminal offense as identified in § 18-16-502.
(b) A civil action under this subchapter is cognizable before the:
(1) Circuit court of any county in which an act described in § 18-16-501 or § 18-16-502 is committed; and
(2) District court with jurisdiction concurrent with the jurisdiction of the circuit court if permitted by rule or order of the Supreme Court.
(c) As used in this subchapter, “court” means:
(1) A circuit court; and
(2) If permitted by rule or order of the Supreme Court, a district court.
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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.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-16-501. Common nuisance — Criminal offense.
Any tenant who uses or allows another person to use the tenant's leased premises as a common nuisance as defined by § 5-74-109(b) or § 16-105-402 or for a criminal offense as identified in § 18-16-502 may be evicted by the prosecuting attorney of the county, the city attorney of the city, the landlord, the premises owner, or the agent for the premises owner pursuant to the provisions of this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-16-501
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 18-16-501. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-16-502. Gambling — Prostitution — Alcohol.
For purposes of this subchapter, any tenant who engages in or allows another person to engage in illegal gambling under § 5-66-107, prostitution as defined by § 5-70-102, or the unlawful sale of alcohol as defined by § 3-3-205 on the tenant's leased premises shall be subject to the eviction procedures established by this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-16-502
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 18-16-502. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-74-109. Premises and real property used by criminal gangs, organizations, or enterprises, or used by anyone in committing a continuing series of violations — Civil remedies.
(a) Intent. The intent of the General Assembly in this section is to enact civil remedies that eliminate the availability of any premises for use in the commission of a continuing series of criminal offenses.
(b) Common Nuisance Declared. Any premises, building, or place used to facilitate the commission of a continuing series of three (3) or more criminal violations of Arkansas law is declared to be detrimental to the law-abiding citizens of the state and may be subject to an injunction, a court-ordered eviction, or a cause of action for damages as provided for in this subchapter.
(c)Action to Abate — Permanent Injunction — Verification of Complaint.
(1) When there is reason to believe a common nuisance under subsection (b) of this section is kept or maintained, or exists in any county, the prosecuting attorney of the county in the name of the state, or the city attorney of any incorporated city, or any citizen of the state or a resident of the county in his or her own name, may enjoin permanently the person conducting or maintaining the nuisance and the owner, lessee, or agent of the building or place in or upon which the nuisance exists from directly or indirectly maintaining or permitting the nuisance.
(2) Unless filed by the prosecuting attorney, the complaint in the action shall be verified.
(d) Inspection Warrant. When there is reasonable cause to believe that any premises is being maintained in violation of this section, any judicial officer may, upon the petition of the prosecuting attorney, issue an inspection warrant for the premises.
(e)Temporary Injunction — Bond Requi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-74-109
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 5-74-109. This identifies an authority to review, not proof of applicability.