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AR SB396

Bill

Status

Failed

4/22/2015

Primary Sponsor

Linda Chesterfield

Click for details

Origin

Senate

90th General Assembly (2015 Regular)

AI Summary

  • Amends Arkansas Code § 18-60-207 to expand remedies in ejectment actions to include the party's actual damages, reasonable attorney's fees, litigation expenses, and court costs as mandatory inclusions in judgments for the plaintiff.

  • Permits courts to award punitive damages and equitable relief options including requiring trespassers to remove encroachments, authorizing destruction and removal of encroachments at the trespasser's expense, or awarding title and possession of encroaching property such as fencing, structures, building materials, or vegetation.

  • Modifies Arkansas Code § 18-60-210 to authorize courts to issue writs of execution, writs of possession, and other writs or process to enforce judgments under ejectment proceedings, expanding enforcement options beyond damages and costs only.

  • Establishes legislative findings that boundary disputes between neighbors often result in violent confrontations disturbing public peace, health, safety, and welfare, and declares intent to provide additional remedies and incentives to respect property rights.

Legislative Description

To Preserve And Protect A Landowner's Boundaries; To Improve The Remedies For Ejectment Actions.

Last Action

Sine Die adjournment

4/22/2015

Committee Referrals

Judiciary2/17/2015

Full Bill Text

No bill text available