1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *ZRC139* 04/11/2025 1:43:23 PM ZRC139 |
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3 | 3 | | State of Arkansas 1 |
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4 | 4 | | 95th General Assembly A Bill 2 |
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5 | 5 | | Regular Session, 2025 SENATE BILL 644 3 |
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6 | 6 | | 4 |
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7 | 7 | | By: Senator M. McKee 5 |
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8 | 8 | | By: Representative M. Brown 6 |
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9 | 9 | | 7 |
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10 | 10 | | For An Act To Be Entitled 8 |
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11 | 11 | | AN ACT TO AMEND THE LAW CONCERNING AN UNLAWFUL 9 |
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12 | 12 | | DETAINER ACTION; TO AMEND THE LAW CONCERNING THE 10 |
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13 | 13 | | EXECUTION OF A WRIT OF POSSESSION; TO ALLOW FOR THE 11 |
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14 | 14 | | REMOVAL OF A MANUFACTURED HOME OR MOBILE HOME FROM 12 |
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15 | 15 | | PROPERTY THAT IS SUBJECT TO A WRIT OF POSSESSION; AND 13 |
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16 | 16 | | FOR OTHER PURPOSES 14 |
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18 | 18 | | 16 |
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19 | 19 | | Subtitle 17 |
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20 | 20 | | TO AMEND THE LAW CONCERNING THE 18 |
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21 | 21 | | EXECUTION OF A WRIT OF POSSESSION; AND 19 |
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22 | 22 | | TO ALLOW FOR THE REMOVAL OF A 20 |
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23 | 23 | | MANUFACTURED HOME OR MOBILE HOME FROM 21 |
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24 | 24 | | PROPERTY THAT IS SUBJECT TO A WRIT OF 22 |
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25 | 25 | | POSSESSION. 23 |
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26 | 26 | | 24 |
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27 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25 |
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28 | 28 | | 26 |
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29 | 29 | | SECTION 1. Arkansas Code § 18 -60-310(c)(1), concerning the execution 27 |
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30 | 30 | | of a writ of possession as related to unlawful detainer, is amended to read 28 |
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31 | 31 | | as follows: 29 |
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32 | 32 | | (c)(1)(A) If, at the expiration of twenty -four (24) hours from the 30 |
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33 | 33 | | service of the writ of possession in the manner indicated, the defendants or 31 |
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34 | 34 | | any or either of them shall be and remain in possession of the property or 32 |
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35 | 35 | | possession has not been returned to the plaintiff, the sheriff shall notify 33 |
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36 | 36 | | the plaintiff or his or her attorney of that fact and shall be provided with 34 |
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37 | 37 | | all labor and assistance required by him or her in removing the possessions 35 |
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38 | 38 | | and belongings of the defendants from the affected property to a place of 36 SB644 |
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39 | 39 | | |
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40 | 40 | | 2 04/11/2025 1:43:23 PM ZRC139 |
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41 | 41 | | storage in a public warehouse or in some other reasonable safe place of 1 |
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42 | 42 | | storage under the control of the plaintiff until a final determination by the 2 |
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43 | 43 | | court. 3 |
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44 | 44 | | (B)(i) If a manufactured home or mobile home owned by one 4 |
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45 | 45 | | (1) or more of the defendants remains on the property described by the writ 5 |
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46 | 46 | | of possession at the expiration of twenty -four (24) hours from the service of 6 |
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47 | 47 | | the writ of possession in the manner indicated, the defendants or any or 7 |
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48 | 48 | | either of them shall remove or arrange with the plaintiff for the removal of 8 |
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49 | 49 | | a manufactured home or mobile home from the property described by the writ of 9 |
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50 | 50 | | possession within thirty (30) days of service of the writ of possession. 10 |
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51 | 51 | | (ii) The removal of a manufactured home or mobile 11 |
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52 | 52 | | home under subdivision (c)(1)(B)(i) of this section shall be at the expense 12 |
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53 | 53 | | of the defendants who own the manufactured home or mobile home. 13 |
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54 | 54 | | (iii) If a manufactured home or mobile home is not 14 |
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55 | 55 | | removed in the time period required under subdivision (c)(1)(B)(i) of this 15 |
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56 | 56 | | section, on motion of the plaintiff, the court shall enter an order deeming 16 |
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57 | 57 | | the manufactured home or mobile home to be considered abandoned. 17 |
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