Definitions

Ark. Code Ann. § 18-11-802 — under Real Property Interests Generally.

Ark. Code Ann. § 18-11-802

(1) As used in this subchapter:(1) (A) “Agricultural land” means any Arkansas land that is:(i) Used for forestry production, including without limitation land exceeding ten (10) acres in which ten percent (10%) of the land is stocked by trees of any size, including land that formerly had trees of any size covering the land that will be naturally or artificially regenerated; or(ii) Currently used for, or, if currently idle, land last used within the past five (5) years, for farming, ranching, or timber production, except land not exceeding ten (10) acres in the aggregate, if the annual gross receipts from the sale of the farm, ranch, or timber products produced on the land do not exceed one thousand dollars ($1,000), including without limitation land used for activities described in the Standard Industrial Classification Manual (1987), Division A, exclusive of industry numbers 0711-0783, 0851, and 0912-0919 which cover animal trapping, game management, hunting carried on as a business enterprise, trapping carried on as a business enterprise, and wildlife management.(B) “Agricultural land” does not include oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land;(2) (A) “Critical infrastructure” means physical or virtual systems and assets that:(i) If incapacitated or destroyed would have a debilitating impact on security, national economic security, public health or safety, or any combination of security, national economic security, or public health and safety; and(ii) Are publicly or privately owned.(B) “Critical infrastructure” includes without limitation:(i) A military installation or facility;(ii) An emergency service;(iii) A power generation or transmission location;(iv) A utility;(v) A bridge;(vi) A tunnel;(vii) A railway;(viii) A dam;(ix) A cybersecurity or classified information storage system; and(x) A communication or information technology node or facility;(3) “Foreign government” means the same as provided by § 2-3-102;(4) “Interest in agricultural land” means all direct interest acquired, transferred, or held in agricultural land, including without limitation a lease of agricultural land;(5) “Party” means the same as provided by § 2-3-102;(6) “Prohibited foreign party” means:(A) A citizen or resident of a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1, unless the person is also a citizen of the United States;(B) A foreign government formed within a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1;(C) A party or entity other than an individual or a government, that is created or organized under the laws of a foreign government within a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1;(D) Any party or entity other than an individual or a government:(i) That is created or organized under the laws of any state; and(ii) In which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by:(a) An individual referred to in subdivision (6)(A) of this section;(b) A foreign government referred to in subdivision (6)(B) of this section;(c) A party or entity referred to in subdivision (6)(C) of this section; or(d) A combination of the individuals, parties, entities, or governments referred to in this subdivision (6)(D)(ii);(E) An Entity of Particular Concern designated by the United States Department of State; or(F) An agent, trustee, or other fiduciary of a person or entity enumerated in subdivisions (6)(A)-(E) of this section;(7) “Residence” means a person's principal dwelling place where the person intends to remain permanently for an indefinite period of time;(8) “Resident alien” means a person who:(A) Is not a citizen of the United States; and(B) Is a resident of a:(i) State of the United States;(ii) Territory of the United States;(iii) Trusteeship of the United States; or(iv) Protectorate of the United States; and(9) “Significant interest” or “substantial control” means:(A) An interest of thirty-three percent (33%) or more held by:(i) A party referred to in subdivision (6)(D) of this section;(ii) An individual referred to in subdivision (6)(A) of this section;(iii) A party referred to in subdivision (6)(C) of this section;(iv) A single government referred to in subdivision (6)(B) of this section; or(v) A party acting in concert with one (1) or more prohibited foreign parties;(B) An interest of thirty-three percent (33%) or more held whenever the parties, individuals, or governments referred to in subdivision (6) of this section are acting in concert with respect to the interest even though no single individual, party, or government holds an interest of thirty-three percent (33%) or more; or(C) An interest of fifty percent (50%) or more, in the aggregate, held by parties, individuals, or governments referred to in subdivision (6) of this section even though the individuals, parties, or foreign governments may not be acting in concert.

(1) (A) “Agricultural land” means any Arkansas land that is:(i) Used for forestry production, including without limitation land exceeding ten (10) acres in which ten percent (10%) of the land is stocked by trees of any size, including land that formerly had trees of any size covering the land that will be naturally or artificially regenerated; or(ii) Currently used for, or, if currently idle, land last used within the past five (5) years, for farming, ranching, or timber production, except land not exceeding ten (10) acres in the aggregate, if the annual gross receipts from the sale of the farm, ranch, or timber products produced on the land do not exceed one thousand dollars ($1,000), including without limitation land used for activities described in the Standard Industrial Classification Manual (1987), Division A, exclusive of industry numbers 0711-0783, 0851, and 0912-0919 which cover animal trapping, game management, hunting carried on as a business enterprise, trapping carried on as a business enterprise, and wildlife management.(B) “Agricultural land” does not include oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land;

(A) “Agricultural land” means any Arkansas land that is:(i) Used for forestry production, including without limitation land exceeding ten (10) acres in which ten percent (10%) of the land is stocked by trees of any size, including land that formerly had trees of any size covering the land that will be naturally or artificially regenerated; or(ii) Currently used for, or, if currently idle, land last used within the past five (5) years, for farming, ranching, or timber production, except land not exceeding ten (10) acres in the aggregate, if the annual gross receipts from the sale of the farm, ranch, or timber products produced on the land do not exceed one thousand dollars ($1,000), including without limitation land used for activities described in the Standard Industrial Classification Manual (1987), Division A, exclusive of industry numbers 0711-0783, 0851, and 0912-0919 which cover animal trapping, game management, hunting carried on as a business enterprise, trapping carried on as a business enterprise, and wildlife management.

(i) Used for forestry production, including without limitation land exceeding ten (10) acres in which ten percent (10%) of the land is stocked by trees of any size, including land that formerly had trees of any size covering the land that will be naturally or artificially regenerated; or

(ii) Currently used for, or, if currently idle, land last used within the past five (5) years, for farming, ranching, or timber production, except land not exceeding ten (10) acres in the aggregate, if the annual gross receipts from the sale of the farm, ranch, or timber products produced on the land do not exceed one thousand dollars ($1,000), including without limitation land used for activities described in the Standard Industrial Classification Manual (1987), Division A, exclusive of industry numbers 0711-0783, 0851, and 0912-0919 which cover animal trapping, game management, hunting carried on as a business enterprise, trapping carried on as a business enterprise, and wildlife management.

(B) “Agricultural land” does not include oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land;

(2) (A) “Critical infrastructure” means physical or virtual systems and assets that:(i) If incapacitated or destroyed would have a debilitating impact on security, national economic security, public health or safety, or any combination of security, national economic security, or public health and safety; and(ii) Are publicly or privately owned.(B) “Critical infrastructure” includes without limitation:(i) A military installation or facility;(ii) An emergency service;(iii) A power generation or transmission location;(iv) A utility;(v) A bridge;(vi) A tunnel;(vii) A railway;(viii) A dam;(ix) A cybersecurity or classified information storage system; and(x) A communication or information technology node or facility;

(A) “Critical infrastructure” means physical or virtual systems and assets that:(i) If incapacitated or destroyed would have a debilitating impact on security, national economic security, public health or safety, or any combination of security, national economic security, or public health and safety; and(ii) Are publicly or privately owned.

(i) If incapacitated or destroyed would have a debilitating impact on security, national economic security, public health or safety, or any combination of security, national economic security, or public health and safety; and

(ii) Are publicly or privately owned.

(B) “Critical infrastructure” includes without limitation:(i) A military installation or facility;(ii) An emergency service;(iii) A power generation or transmission location;(iv) A utility;(v) A bridge;(vi) A tunnel;(vii) A railway;(viii) A dam;(ix) A cybersecurity or classified information storage system; and(x) A communication or information technology node or facility;

(i) A military installation or facility;

(ii) An emergency service;

(iii) A power generation or transmission location;

(iv) A utility;

(v) A bridge;

(vi) A tunnel;

(vii) A railway;

(viii) A dam;

(ix) A cybersecurity or classified information storage system; and

(x) A communication or information technology node or facility;

(3) “Foreign government” means the same as provided by § 2-3-102;

(4) “Interest in agricultural land” means all direct interest acquired, transferred, or held in agricultural land, including without limitation a lease of agricultural land;

(5) “Party” means the same as provided by § 2-3-102;

(6) “Prohibited foreign party” means:(A) A citizen or resident of a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1, unless the person is also a citizen of the United States;(B) A foreign government formed within a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1;(C) A party or entity other than an individual or a government, that is created or organized under the laws of a foreign government within a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1;(D) Any party or entity other than an individual or a government:(i) That is created or organized under the laws of any state; and(ii) In which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by:(a) An individual referred to in subdivision (6)(A) of this section;(b) A foreign government referred to in subdivision (6)(B) of this section;(c) A party or entity referred to in subdivision (6)(C) of this section; or(d) A combination of the individuals, parties, entities, or governments referred to in this subdivision (6)(D)(ii);(E) An Entity of Particular Concern designated by the United States Department of State; or(F) An agent, trustee, or other fiduciary of a person or entity enumerated in subdivisions (6)(A)-(E) of this section;

(A) A citizen or resident of a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1, unless the person is also a citizen of the United States;

(B) A foreign government formed within a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1;

(C) A party or entity other than an individual or a government, that is created or organized under the laws of a foreign government within a country subject to International Traffic in Arms Regulations, 22 C.F.R. § 126.1;

(D) Any party or entity other than an individual or a government:(i) That is created or organized under the laws of any state; and(ii) In which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by:(a) An individual referred to in subdivision (6)(A) of this section;(b) A foreign government referred to in subdivision (6)(B) of this section;(c) A party or entity referred to in subdivision (6)(C) of this section; or(d) A combination of the individuals, parties, entities, or governments referred to in this subdivision (6)(D)(ii);

(i) That is created or organized under the laws of any state; and

(ii) In which a significant interest or substantial control is directly or indirectly held or is capable of being exercised by:(a) An individual referred to in subdivision (6)(A) of this section;(b) A foreign government referred to in subdivision (6)(B) of this section;(c) A party or entity referred to in subdivision (6)(C) of this section; or(d) A combination of the individuals, parties, entities, or governments referred to in this subdivision (6)(D)(ii);

(a) An individual referred to in subdivision (6)(A) of this section;

(b) A foreign government referred to in subdivision (6)(B) of this section;

(c) A party or entity referred to in subdivision (6)(C) of this section; or

(d) A combination of the individuals, parties, entities, or governments referred to in this subdivision (6)(D)(ii);

(E) An Entity of Particular Concern designated by the United States Department of State; or

(F) An agent, trustee, or other fiduciary of a person or entity enumerated in subdivisions (6)(A)-(E) of this section;

(7) “Residence” means a person's principal dwelling place where the person intends to remain permanently for an indefinite period of time;

(8) “Resident alien” means a person who:(A) Is not a citizen of the United States; and(B) Is a resident of a:(i) State of the United States;(ii) Territory of the United States;(iii) Trusteeship of the United States; or(iv) Protectorate of the United States; and

(A) Is not a citizen of the United States; and

(B) Is a resident of a:(i) State of the United States;(ii) Territory of the United States;(iii) Trusteeship of the United States; or(iv) Protectorate of the United States; and

(i) State of the United States;

(ii) Territory of the United States;

(iii) Trusteeship of the United States; or

(iv) Protectorate of the United States; and

(9) “Significant interest” or “substantial control” means:(A) An interest of thirty-three percent (33%) or more held by:(i) A party referred to in subdivision (6)(D) of this section;(ii) An individual referred to in subdivision (6)(A) of this section;(iii) A party referred to in subdivision (6)(C) of this section;(iv) A single government referred to in subdivision (6)(B) of this section; or(v) A party acting in concert with one (1) or more prohibited foreign parties;(B) An interest of thirty-three percent (33%) or more held whenever the parties, individuals, or governments referred to in subdivision (6) of this section are acting in concert with respect to the interest even though no single individual, party, or government holds an interest of thirty-three percent (33%) or more; or(C) An interest of fifty percent (50%) or more, in the aggregate, held by parties, individuals, or governments referred to in subdivision (6) of this section even though the individuals, parties, or foreign governments may not be acting in concert.

(A) An interest of thirty-three percent (33%) or more held by:(i) A party referred to in subdivision (6)(D) of this section;(ii) An individual referred to in subdivision (6)(A) of this section;(iii) A party referred to in subdivision (6)(C) of this section;(iv) A single government referred to in subdivision (6)(B) of this section; or(v) A party acting in concert with one (1) or more prohibited foreign parties;

(i) A party referred to in subdivision (6)(D) of this section;

(ii) An individual referred to in subdivision (6)(A) of this section;

(iii) A party referred to in subdivision (6)(C) of this section;

(iv) A single government referred to in subdivision (6)(B) of this section; or

(v) A party acting in concert with one (1) or more prohibited foreign parties;

(B) An interest of thirty-three percent (33%) or more held whenever the parties, individuals, or governments referred to in subdivision (6) of this section are acting in concert with respect to the interest even though no single individual, party, or government holds an interest of thirty-three percent (33%) or more; or

(C) An interest of fifty percent (50%) or more, in the aggregate, held by parties, individuals, or governments referred to in subdivision (6) of this section even though the individuals, parties, or foreign governments may not be acting in concert.