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AR - Act authorizing lien for cleanup fees constitutional

A court would likely conclude that there is no constitutional violation on the face of an act that allows a county to impose, in addition to Arkansas property taxes, a lien for cleanup costs on real property.

The act provides that if a property owner does not comply with an order to abate, remove, or eliminate unsanitary articles and conditions on the property, the county may take any corrective actions to bring the property into compliance with the order, and may impose a lien against the property for any unpaid costs incurred by the county. The legislature passes laws to protect the health, safety, and welfare of the entire populace pursuant to its police power, but may not unreasonably or arbitrarily impose a restriction or injury on property. Protecting the public from property that may harbor infectious diseases or that may pose a physical danger is an appropriate exercise of the state's police powers, and the act is reasonably related to the general goal of protecting the people of the state from unsanitary or unsafe conditions. Additionally, though the act requires that notice of the order must be posted on the property and mailed to the last known address of the property owner, or published if there is no last known address, in certain circumstances a government agency may have to do more than merely send a certified mail notification to the owner of record.



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