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Current as of March 28, 2024 | Updated by Findlaw Staff
As used in this chapter, unless the context otherwise requires:
(1)(A) “Action” means a court action or legal recourse to the courts of the State of Arkansas by a creditor against a farmer for payment of a debt, to enforce or foreclose a security interest, lien, or mortgage, or to repossess or declare a creditor's interest in agricultural property.
(B) “Action” includes, but is not limited to, garnishment, replevin, foreclosure, execution of judgment, and involuntary receivership;
(2) “Agricultural property” means all of the following:
(A) Real property that is used principally for farming or ranching;
(B) Real property that is a farmer's principal place of residence and any land contiguous to the residence;
(C) Personal property that is used as security to finance farming or ranching; and
(D) Personal property that is used for farming or ranching;
(3) “Creditor” means any person who holds a mortgage on agricultural property, who has a lien on or a security interest in agricultural property, or who is a judgment creditor with a judgment against a farmer affecting the farmer's agricultural property;
(4) “Farmer” means any person who is engaged in farming or ranching, who has at least twenty thousand dollars ($20,000) in outstanding agricultural loans that are secured by real estate, crops, livestock, farm machinery, or other agricultural supplies, and who either:
(A) Owns or leases a total of fifty (50) acres or more of land that is agricultural property; or
(B) Has had gross sales of farm products of at least twenty thousand dollars ($20,000) in any of the preceding three (3) years;
(5) “Farming” or “ranching” means the employment or operation of real property for the production of agricultural products including, but not limited to, the following:
(A) The production or cultivation of agricultural, horticultural, or aquacultural commodities such as field crops, rice, soybeans, cotton, sorghum, corn, wheat, fruit, vegetables, mushrooms, nursery stock, ornamental trees, sod, or flowers;
(B) Animal or poultry husbandry and the production of poultry and poultry products, livestock, equine or fur-bearing animals and wildlife, including the raising, breeding, shearing, grazing, or other feeding of these animals;
(C) Dairy production;
(D) Viticulture, wine-making, and related activities; and
(E) On-site storing, handling, and processing incidental to the production of the foregoing agricultural or horticultural products and commodities;
(6) “Mediation” means the process in which a neutral person or persons intermediate between or among parties for the purpose of facilitating the settlement of their dispute by mutual agreement; and
(7) “Party” or “parties” means, with respect to the mediation of a dispute affecting a farmer's agricultural property, the farmer, a creditor of the farmer, and any other person necessary to the resolution of a dispute or an action.
Cite this article: FindLaw.com - Arkansas Code Title 2. Agriculture § 2-7-102. Definitions - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-2-agriculture/ar-code-sect-2-7-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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