School of Law
1045 W. Maple St.
Robert A. Leflar Law Center
Waterman Hall
University of Arkansas
Fayetteville, AR 72701

Phone: (479) 575-5601

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University of Arkansas School of Law

Arkansas Law Notes

Property Law

The Purpose of Criminal Evictions: Applying the Theories of Punishment to Arkansas’ Criminal Eviction Statute

Introduction Eviction is a useful tool for both landlords and the general public. However, every eviction story also involves a tenant. Consider the following situations: Somewhere in rural Arkansas, a pair of farmers have been disputing the ownership and rental payments […]

Selected Construction Contract Clauses: From the Routine to the Cutting Edge

This article discusses nine topics that present special challenges for attorneys negotiating and drafting construction contracts. Most of these involve standard issues that come up in practically every construction project. A few involve developments that are just beginning to attract the special attention of the construction bar.

Land Use Impact Fees: Does Koontz v. St. Johns River Water Management District Echo an Arkansas Philosophy of Property Rights?

Carl J. Circo Introduction A striking and unusual premise launches the takings clause of the Arkansas Constitution of 1874: “The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or […]

The Splendid Mystery of the Lost Lottery Ticket

In July of 2011 a woman (“Winner”) purchased an Arkansas lottery ticket at a convenience store in Beebe, Arkansas. Believing that the ticket was a loser she tossed the ticket into a trash bin inside the store. Not long thereafter another woman (“Finder”) scooped up the contents of the trash bin and later discovered that one of the tickets was a winner in the amount of $1 million. The Arkansas Lottery Commission issued her a check for $680,000 (her after tax share of the prize). After learning of what had transpired Winner claimed that she was the true owner of the winning ticket, and hence that the prize was hers.

The Landlord Protection Act, Arkansas Code § 18-17-101 et seq.

In the last legislative session the Legislature passed, apparently with little discussion or criticism, what is alleged to be a new landlord-tenant act. As will be detailed in this article the act would better be titled “The Landlord Protection Act.” The Residential Landlord and Tenant […]

The County Road Quagmire: How to Establish the Existence of a County Road and Other Ingress, Egress Conundrums

A client walks into your office with a typical land dispute: an adjoining landowner is blocking or threatening to block access to your client’s land. Perhaps a gate is put up across a road, or arguments arise during your client’s attempt to maintain the access road. No […]

The Law of Computer Trespass: Cyber Security or Virtual Entrapment?

Ever use someone else’s wireless Internet connection? After booting up your computer, you see that all-familiar message inviting you to partake of a nearby wireless Internet signal. No password needed: just click the box and you’ll enter the information superhighway. Somewhere nearby, some digital […]