Arkansas Code § 23-12-612 - Abandonment of Operations Without Authority -- Stockholders to Offer Stock for Sale -- Penalty -- Enforcement

(a) When any railroad corporation organized under the laws of Arkansas and operating properties within the State of Arkansas abandons such operations for a period of thirty (30) days or more without specific authority from the regulatory bodies having jurisdiction thereof, the stockholders of the corporation shall offer for sale their stock in the railroad corporation within sixty (60) days of the abandonment. The offer shall be open for not fewer than one hundred twenty (120) days thereafter and shall be to any person, firm, or corporation at a price not exceeding the net investment of the stockholders of the corporation in the stock at the time of the abandonment or the fair net salvage value of the properties owned by the corporation at the time of the abandonment, whichever is less.

(b) Any stockholder of any such corporation who violates the terms of this section shall be fined in the sum of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000). Each day of such a violation shall constitute a separate offense.

(c) The Attorney General shall have authority to enforce this section in the name of the State of Arkansas by appropriate proceedings in any court of competent jurisdiction.

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Last modified: November 15, 2016