Ark. Code Ann. § 23-18-302 (2026)
Definitions
As used in this subchapter, unless the context otherwise requires:
- “Acquire” means and includes to construct or acquire by purchase, lease, devise, gift, or other mode of acquisition;
- “Board” means a board of directors of a corporation organized under this subchapter;
- “Corporation” means a corporation organized pursuant to the provisions of this subchapter;
- “Federal agency” includes the United States and any department, administration, commission, board, bureau, office, establishment, agency, authority, or instrumentality of the United States;
- “Member” means the incorporators of a corporation and each person thereafter lawfully admitted to membership therein;
- “Obligations” includes bonds, notes, debentures, interim certificates or receipts, and all other evidences of indebtedness issued by a corporation; and
- “Person” includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision thereof, or any body politic.
History. Acts 1937, No. 342, § 2; Pope's Dig., § 2316; Acts 1955, No. 85, § 1; 1957, No. 103, § 1; A.S.A. 1947, § 77-1102; Acts 1999, No. 1556, § 11.
Publisher's Notes. As to the transfers of authority to and from the Department of Public Utilities and its subsequent abolition, see Publisher's Notes to Chapter 2 of this title.
Amendments. The 1999 amendment repealed (8), concerning the definition of “rural area.”
Case Notes
Construction with Other Laws.
A municipal utility could take facilities, customers, and property in an area annexed by a city, notwithstanding that former subdivision (8), now repealed, stood for the general proposition that an electric cooperative could not be ousted from its assigned area, as § 14-207-103 specifically allowed a municipal utility to condemn the facilities, distribution properties, and customers of an electric cooperative. Craighead Elec. Coop. Corp. v. City Water & Light Plant, 278 F.3d 859 (8th Cir. 2002).
Rural Areas.
Authority of cooperative serving rural area adjacent to city expired as to that portion of rural area taken into city limits as result of expansion of city. Farmers Elec. Coop. Corp. v. Arkansas Power & Light Co., 220 Ark. 652, 249 S.W.2d 837 (1952) (decision prior to 1955 amendment).
Cited: State ex rel. Attorney Gen. v. Betts, 211 Ark. 591, 201 S.W.2d 590 (1947).