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AR SB396
Bill
Status
4/22/2015
Primary Sponsor
Linda Chesterfield
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AI Summary
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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.
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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.
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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.
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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