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Arkansas Code Title 22. Public Property § 22-3-2105. Applicability

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

(a) A petition for a waiver may be authorized under § 22-3-2104(b) if the application of this subchapter interferes with the construction, maintenance, or operation of a public facility owned or managed by the Department of Parks, Heritage, and Tourism.

(b) A court of competent jurisdiction may enjoin any violation of or noncompliance with the provisions of this subchapter upon petition by a resident of the State of Arkansas or by the Arkansas History Commission.

(c)(1) A historical monument in existence on April 28, 2021, is considered a historical monument for the purposes of this subchapter.

(2) A historical monument not currently displayed by a public entity is considered a historical monument for the purposes of this subchapter.

(d) A governmental entity may request that the commission recognize a statue, memorial, gravestone plate, plaque, or historic flag display erected and dedicated after April 28, 2021, as a historical monument by an application process established by the rules of the commission.

(e) The commission shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to:

(1) Establish a process for the application for a waiver;

(2) Create a process for the approval of a temporary waiver on an emergency basis;

(3) Establish guidelines regarding what will be designated as a historical monument;

(4) Create an application process for registering historical monuments erected after April 28, 2021;

(5) Establish guidelines for the disposition of historical monuments if a waiver is granted to remove a historical monument; and

(6) Otherwise effectuate the purposes of this subchapter.

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Cite this article: FindLaw.com - Arkansas Code Title 22. Public Property § 22-3-2105. Applicability - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-22-public-property/ar-code-sect-22-3-2105/

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