§ 5-39-211 — Cemeteries - Mining and other unlawful entries

(a) It is unlawful for any corporation, company, or individual to: (1) Mine, extract, or remove coal from under, beneath, or within the buffer zone for a cemetery, graveyard, or burying place in this state as specified in rules promulgated by the Arkansas Pollution Control and Ecology Commission under the Arkansas Surface Coal Mining and Reclamation Act of 1979, § 15-58-101 et seq.; (2) (A) Mine, extract, or remove any other mineral substance from under, beneath, or within twenty-five feet (25') of the boundary of any cemetery, graveyard, or burying place in this state. (B) This subdivision (a)(2) does not apply to oil, gas, or any other hydrocarbon produced in a liquid or gaseous form; or (3) Make, place, or drive any slope, pit, or entry of any kind into, under, through, or across any cemetery, graveyard, or other burying place in this state. (b) Any corporation, company, or individual violating a provision of this section is guilty of a Class D felony.

Legislative History

Acts 1907, No. 58, §§ 1-3, p. 138; C. & M. Dig., §§ 2728, 2729; Pope's Dig., §§ 3414, 3415; A.S.A. 1947, §§ 41-1981 -- 41-1983; Acts 2005, No. 1994, § 422; 2005, No. 2232, § 1.