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Arkansas Code Title 18. Property § 18-15-104. Definitions

Current as of March 28, 2024 | Updated by FindLaw Staff

As used in this chapter:

(1) “Abandoned property” means property that:

(A) Has not been occupied or used for a commercial or residential purpose for at least one (1) year by a person with a legal or equitable right to occupy or use the property;

(B) Has been cited for a violation of a housing, building, or fire code that has not been remedied within one hundred eighty (180) days from the date the citation was issued; and

(C) Has accrued at least two (2) years of delinquent property taxes;

(2) “Blighted property” means a building, in its current condition, that has been designated and cited as unfit for human use or habitation by the agency responsible for enforcement of housing, building, or fire codes because the:

(A) Building is dilapidated, unsanitary, or unsafe;

(B) Building is a fire hazard; or

(C) Electricity, heating, or plumbing has been destroyed or removed;

(3)(A) “Public use” means the taking of private property by an entity authorized under this chapter using the power of eminent domain for the purpose of:

(i) Possessing, developing, occupying, and owning property for the enjoyment of the general public or public agency;

(ii) Possessing, occupying, and owning property for the necessary operations of a utility or common carrier that the general public has a right to use;

(iii) Remediating and reselling blighted property; or

(iv) Possessing and reselling abandoned property.

(B)(i) “Public use” does not include the taking of private property for the economic benefit of the general public, including without limitation for the purpose of an increase in the tax base, tax revenues, or employment.

(ii) However, a taking of private property for a public use as defined in subdivision (3)(A) of this section is not prohibited because the public use also provides ancillary economic benefits; and

(4)(A) “State agency” means an office, board, commission, department, council, bureau, or other agency of state government.

(B) “State agency” does not include the:

(i) Arkansas Department of Transportation; or

(ii) State Highway Commission.

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Cite this article: FindLaw.com - Arkansas Code Title 18. Property § 18-15-104. Definitions - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-15-104/

Read this complete Arkansas Code Title 18. Property § 18-15-104. Definitions on Westlaw

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