Browse Arkansas Code titles and sections
23-10-430. Recovery of demurrage, forfeitures, and charges.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-10-430. Recovery of demurrage, forfeitures, and charges.
All forfeitures, charges, and demurrage that accrue to either shipper or railroad company under this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, 23-10-409 — 23-10-429 and 23-10-431 may be recovered in any court having jurisdiction.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-430
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:23-10-430
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 96e69a12153cd5012e668c04d631c4772ab047d637767f2f2b89c257401db748
Source location: content.xml paragraph 5717
Stored source content
23-10-430. Recovery of demurrage, forfeitures, and charges.
All forfeitures, charges, and demurrage that accrue to either shipper or railroad company under this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, 23-10-409 — 23-10-429 and 23-10-431 may be recovered in any court having jurisdiction.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-10-402. Definition for §§ 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431.
As used in §§ 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431, unless the context otherwise requires, “railroad company”, “railroad companies”, or “carrier” means all corporations, companies, or individuals which own or operate any railroad in this state, whether as owner, contractor, lessee, mortgagee, trustee, assignee, or receiver, and their officers and agents.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-402
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 23-10-402. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-10-403. Application of §§ 23-10-402, 23-10-405, 23-10-406, 23-10-409 — 23-10-431.
Sections 23-10-402, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431 shall not apply to railroads under two (2) miles in length nor to railroads that are not public carriers.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-403
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. The source passage cites 23-10-403. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-10-405. Remedies in §§ 23-10-406, 23-10-409 — 23-10-431 cumulative.
The remedies given by §§ 23-10-406 and 23-10-409 — 23-10-431 shall be regarded as cumulative, and §§ 23-10-406 and 23-10-409 — 23-10-431 shall not be construed as repealing any statute giving such remedies.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-405
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 23-10-405. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-10-406. Penalties for violations of §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, or rules of department — Actions to recover.
(a) If any person or corporation operating a railroad in this state for the transportation of freight, or any receiver, trustee, or lessee of any such person or corporation, or any other person or corporation as defined in § 23-10-402 or its employees or agents violate any of the provisions of §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, or aid or abet therein, or violate the tariff of charges or the rules of the Arkansas Department of Transportation as fixed by the department regarding railroad companies upon furnishing cars upon application of shippers, and regarding transportation, delivery, and storage of freight, forbidden pooling, discrimination, rebate, drawback, or other similar device, either directly or indirectly, or regarding any of the rules made by the department based upon §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, and for which there is no other penalty prescribed in §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, then the person, corporation, receiver, trustee, lessee, or any other person or corporation as defined in § 23-10-402 shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each violation of §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, or of such rules of the department based upon §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431.
(b)(1) The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which the violation may occur.
(2)(A) The department shall institute an action for the recovery of th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-406
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 23-10-406. This identifies an authority to review, not proof of applicability.