§ 16-105-401. Title
This subchapter shall be called the “Arkansas Drug Abatement Act of 1989”.
§ 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 […]
§ 16-105-403. Action to abate — Permanent injunction — Definition
(a) As used in this section, “established neighborhood or community organization” means a group, whether or not incorporated, that: (1) Consists of persons who reside or work at or in a building, complex of buildings, street, block, or neighborhood any part of which is located on or within one thousand feet (1,000′) of the premises […]
§ 16-105-404. Verification of complaint
Unless filed by the prosecuting attorney, or the city attorney of an incorporated city, the complaint in the action shall be verified.
§ 16-105-405. Temporary injunction
If the existence of the common nuisance is shown in the action to the satisfaction of the court or judge, the court or judge shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the common nuisance. The notice requirements of Rule 65 of the Arkansas Rules of Civil […]
§ 16-105-406. Bond required — Exceptions
On granting the temporary writ, the court or judge shall require a bond on the part of the applicant to the effect that the applicant will pay to the defendant enjoined such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction if the court finally decides that […]
§ 16-105-407. Precedence of action — Exceptions
The action shall have precedence over all other actions, except criminal proceedings, election contests, and hearings on injunctions.
§ 16-105-408. Dismissal for want of prosecution
If a complaint under this subchapter is filed by a citizen of the state, resident of the county, or established neighborhood or community organization, the complaint shall not be dismissed by the citizen of the state, resident of the county, or established neighborhood community organization or for want of prosecution except upon a sworn statement […]
§ 16-105-409. Costs
If a cause of action under this subchapter is brought by a citizen of the state, resident of the county, or established neighborhood or community organization and the court finds there was no reasonable ground or cause for the cause of action, the costs incurred by the defendant shall be taxed against the citizen of […]
§ 16-105-410. Order of abatement — Lien for costs — Enforcement
If the existence of the common nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the case, and the plaintiff’s costs in the action are a lien upon the building or place. The lien is enforceable and collectible by execution issued by order of the […]
§ 16-105-411. Violations — Criminal penalties
A violation or disobedience of the injunction or order for abatement is punishable as a contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than one (1) nor more than six (6) months, […]
§ 16-105-412. Order of abatement — Civil penalty — Damages
(a) If the existence of the common nuisance is established in the action, an order of abatement shall be entered as a part of the judgment, which order shall direct the removal from the building or place of all fixtures and other movable property used in conducting, maintaining, aiding, or abetting the common nuisance and […]
§ 16-105-413. Custody of building
While the order of abatement remains in effect, the building or place is in the custody of the court.
§ 16-105-414. Fees — Closing of building or place
For removing and selling the movable property, the city, county, or responsible law enforcement agency is entitled to charge and receive the same fees as would be charged and received for levying upon and selling like property on execution; and for closing the premises and keeping them closed, a reasonable sum shall be allowed by […]
§ 16-105-415. Disposition of sale proceeds
The proceeds of the sale of the movable property shall be applied as follows: (1) First, to the fees and costs of the removal and sale; (2) Second, to the allowances and costs of closing and keeping closed the building or place; (3) Third, to the payment of the plaintiff’s costs in the action; and […]
§ 16-105-416. Release of building to owner
(a) If the owner of the building or place has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances that are a lien on the building or place and files a bond in the full value of the property conditioned that the owner will […]
§ 16-105-417. Lien of fine — Enforcement
(a) Whenever the owner of a building or place upon which the act or acts constituting the contempt have been committed, or the owner of any interest therein, has been guilty of a contempt of court, and fined in any proceedings under this subchapter, the fine is a lien upon the building or place to […]