Publisher's Notes. Former subchapter 12, concerning the removal of unattended or abandoned vehicles, was repealed by Acts 1989, No. 899, § 12. The former subchapter was derived from the following sources:

27-50-1201. Acts 1987 (1st Ex. Sess.), No. 42, § 1.

27-50-1202. Acts 1987 (1st Ex. Sess.), No. 42, § 9.

27-50-1203. Acts 1987 (1st Ex. Sess.), No. 42, § 3.

27-50-1204. Acts 1987 (1st Ex. Sess.), No. 42, § 4.

27-50-1205. Acts 1987 (1st Ex. Sess.), No. 42, § 5.

27-50-1206. Acts 1987 (1st Ex. Sess.), No. 42, § 2.

27-50-1207. Acts 1987 (1st Ex. Sess.), No. 42, § 6.

27-50-1208. Acts 1987 (1st Ex. Sess.), No. 42, § 6.

27-50-1209. Acts 1987 (1st Ex. Sess.), No. 42, § 7.

27-50-1210. Acts 1987 (1st Ex. Sess.), No. 42, § 8.

Effective Dates. Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 392, § 9: March 6, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly of the State of Arkansas that the present law regulating the towing and recovery business in Arkansas does not contain criminal penalties and does not permit the board to charge late fees for licenses and permits; that these deficiencies in the law encourage unpermitted towing vehicles to continue to operate on the highways of Arkansas; and that these unpermitted towing vehicles pose a significant threat to the health and highway safety of the driving public on Arkansas' public streets and highways. Therefore, in order to reduce this significant threat to the public's driving safety, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall become effective on the date of its approval by the Governor. If the bill is neither approved or vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1830, § 8: Apr. 18, 2001. Emergency clause provided: “It is hereby found and determined by the Eighty-third General Assembly that uncertainty exists concerning the due process provided when unattended and abandoned vehicles and their contents are removed by a law enforcement officer in this state, and that additional procedures should be established whereby certain post-deprivation notice and opportunity for hearing be provided. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2007, No. 506, § 4: Mar. 26, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that current law regarding towing and storage, resulting possessory liens, and notice to owners and lienholders of the towed and stored vehicle has been interpreted to allow a possessory lien on items of a personal nature that are found in the content of a towed or stored vehicle; that most items of a personal nature have little if any value to a towing and storage firm worth securing through a possessory lien; and this act is immediately necessary to prevent an undue hardship from being placed on consumers in this state by depriving them of access to personal necessities because a possessory lien has been placed on items of a personal nature in their vehicle that has been towed and stored. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Research References

U. Ark. Little Rock L. Rev

Survey - Property, 10 U. Ark. Little Rock L. Rev 605.
Case Notes

Constitutionality.

Common Law.

Constitutionality.

Where plaintiff left her vehicle unattended because of mechanical problems and claimed it was improperly towed, this subchapter did not violate her due process rights, as plaintiff could maintain a modern statutory or common law action in state court to recover towing and storage fees paid and any damages occasioned by loss of use of the vehicle. Davis v. Dahmm, 763 F. Supp. 1010 (W.D. Ark. 1991).

Common Law.

Sections 27-50-1101, 27-50-1102, and 27-50-1201 - 27-50-1210 [repealed and reenacted] have not implicitly amended the common law rule now embodied in § 16-89-103, since the laws are not so inconsistent that they cannot stand together. Routh Wrecker Serv., Inc. v. Wins, 312 Ark. 123, 847 S.W.2d 707 (1993).

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