Sale Or Other Disposition Of State Lands

Ark. Code Ann. tit. 22, ch. 6

in effect

Ark. Code Ann. § 22-6-102 Correction of errors growing out of erroneous sales.

(a) The Commissioner of State Lands shall have the power to correct errors that exist or may exist arising from the erroneous sale of lands belonging or formerly belonging to the state. (b) The Commissioner of State Lands shall have the power to correct all manifest errors in the description of lands sold, in the amounts of notes given for lands sold by the state, and also in cases where notes may have been given for the purchase of a greater number of acres than has been confirmed to the state. (c) Any action to correct errors on the part of the Commissioner of State Lands shall be legal and binding until overruled or set aside by the decision of a court having competent jurisdiction.

Ark. Code Ann. § 22-6-103 Issuance of replacement certificates of purchase.

The Commissioner of State Lands shall issue certificates of purchase only in cases in which it shall appear by the records that no certificates have ever been issued and in cases where the affidavit of the applicant, or some person for him or her, shall be filed stating that the original certificate had not been assigned or that it has been lost or destroyed.

Ark. Code Ann. § 22-6-104 Execution of deed on original or patent certificate.

(a) The owner of any original or patent certificate for any seminary, saline, internal improvements, swamp and overflowed, real estate bank, or state bank lands, or the assignee or the parties in whom the legal title to the land exists, may present the certificate to the Commissioner of State Lands, who, if he or she finds that the sale of the land was made in conformity to law and that the land has been fully paid for, shall execute, under his or her hand and official seal, a deed conveying all rights, title, and interest of the state thereto. (b) The seal of the Commissioner of State Lands shall be sufficient verification and authentication of the deed so made and shall entitle the deed to record, which shall be received as evidence in any court of this state. (c) The original or patent certificates upon which deeds are made shall be filed in the Commissioner of State Lands' office, and the Commissioner of State Lands shall keep an abstract of the deeds so made, from which he or she may issue duplicates upon sufficient proof of the loss of original deeds. (d) In all cases where sufficient proof is presented of the loss or destruction of any deeds made to any lands belonging to this state, by any officer authorized so to do, where evidence exists in the Commissioner of State Lands' office of the issuance of the former deeds, it shall be the duty of the Commissioner of State Lands to issue duplicates or make new deeds therefor, as the case may be, referring therein to the deeds previously issued. (e) The duplicates or new deeds shall have the like force and effect as the original deeds.

Ark. Code Ann. § 22-6-105 Execution of deed on certificate of purchase.

(a) The owner of any certificate of purchase for any swamp and overflowed, seminary, saline, internal improvement, real estate bank, or state bank lands, or the assignee or the party in whom the legal title to the lands exist, may present the certificates and other evidences of the legal title to the lands to the Commissioner of State Lands. If the Commissioner of State Lands finds that the sale of the lands was in conformity to law, the lands have been fully paid for, and the evidences of assignment have been made in accordance with law, he or she shall execute, under his or her hand and official seal, a deed conveying all the right, title, and interest of the state in and to the lands. (b) The deed of the state shall not be issued to any approved swamp and overflowed lands until after the issuance of the patent by the United States to the state for the lands.

Ark. Code Ann. § 22-6-106 Issuance of deed on proof of payment.

The Commissioner of State Lands is authorized and empowered to execute, under his or her hand and official seal, a deed to purchasers from the state of any seminary, saline, internal improvement, real estate bank, or state bank lands, upon the filing in his or her office of the receipts of the Treasurer of State, showing that the purchase money for the lands, together with the fee for the deed, has been fully paid to the Treasurer of State as required by law.

Ark. Code Ann. § 22-6-107 Deeds to school lands sold prior to 1881.

(a) The Commissioner of State Lands is authorized and empowered to execute, under his or her hand and official seal, a deed to purchasers or their assigns or legal representatives of sixteenth section or school lands, upon presentation to the Commissioner of State Lands of proper evidence of full payment for the lands, in all cases where the sale of the land occurred prior to the passage of “An act to provide for the sale of the sixteenth section in this State”, approved March 22, 1881. (b) The certificates and evidences of assignment mentioned in subsection (a) of this section, upon which deeds are so made, shall be filed in the Commissioner of State Lands' office. He or she shall keep a record of the deeds so made, from which he or she may issue duplicates upon sufficient proof of loss of, or errors in, the original deeds. (c) In all cases where sufficient proof is presented of the loss, destruction, or erroneous issue of any deeds made to any lands belonging to the state by any officer authorized so to do, when evidence exists in the Commissioner of State Lands' office of the proper issuance of the former deeds, it shall be the duty of the Commissioner of State Lands to issue duplicates or make new deeds, as the case may be, referring therein to the deeds previously issued. (d) The duplicates or new deeds shall have the like force and effect as the original deeds.

Ark. Code Ann. § 22-6-108 Seal of Commissioner of State Lands sufficient verification.

The seal of the Commissioner of State Lands shall be sufficient verification and authentication of the deed made by him or her for any class of lands mentioned in this act, and the deed shall be received as evidence of the legal title to the lands in any court in this state.

Ark. Code Ann. § 22-6-109 Cancellation of deed upon dishonor of check.

(a) The Commissioner of State Lands is empowered and authorized to cancel, set aside, and hold for naught any redemption or sale deed issued by him or her for any state-owned land in any instance where a personal check tendered to and accepted by him or her in payment of the redemption or purchase price thereof is not paid upon presentation to the bank upon which it is drawn. (b) Upon failure of payment, the Commissioner of State Lands may issue a cancellation deed cancelling and setting aside the redemption or sale deed and shall file the cancellation deed for record in the county in which the lands are located and pay the expense incident thereto from the maintenance fund of the office of the Commissioner of State Lands.

Ark. Code Ann. § 22-6-110 Confirmation of sales of lands paid for with levee bonds.

(a) All sales of lands formerly owned by the State of Arkansas conducted pursuant to the decrees of the Pulaski County Chancery Court in favor of the State of Arkansas, condemning the lands for sale to pay the unpaid purchase price thereof, which sales were held and conducted by the commissioner of the court in substantial conformity to the decrees, were reported to and were approved and confirmed by the court, and were made for a price payable in Arkansas levee bonds to May 1, 1878, are ratified and confirmed and made valid as if the lands had been paid for in valid funds. (b) When the owner and occupant of any of the lands shall present to the Commissioner of State Lands a duly certified copy of the proceedings of the court affecting the lands claimed by him or her and showing that the land was sold prior to May 1, 1878, and paid for in Arkansas levee bonds and that the sale was approved and confirmed by the court, and when the owner shall file a petition with the Commissioner of State Lands setting forth the evidence of his or her title, showing title derived by him or her from the purchaser at the sale so held under decree of the court prior to May 1, 1878, and showing that the claimant and those under whom he or she claims title have continuously paid taxes on the lands for at least seven (7) years immediately preceding the filing of the petition, it shall be the duty of the Commissioner of State Lands to execute to the record owner a deed in the name of the State of Arkansas, quieting all the right, title, and claim of the State of Arkansas in the land claimed and held by each owner.

Ark. Code Ann. § 22-6-111 Price of swamp, internal improvement, seminary, saline, or school lands — Exemptions.

(a)(1) No swamp, internal improvement, seminary, or saline lands shall be sold for less than two dollars and fifty cents ($2.50) per acre, and no state school land shall be sold for less than two dollars and fifty cents ($2.50) per acre nor for less than the market value ascertained by appraisement. (2) When any lands or interest therein may be recovered by the state by litigation, the lands or interest shall be ordered sold by the court as in sales of land upon decree in equity. (3) After paying expenses, the balance of the purchase money shall be deposited into the State Treasury, as provided in §§ 6-20-202 and 6-20-203. (b) Nothing in this section shall be construed to prevent the donation of state lands as provided by law. (c) Nothing in this section or §§ 22-6-301 — 22-6-304 shall prevent the Commissioner of State Lands from accepting outstanding refunding certificates issued by the state for lands previously sold in payment for state lands. (d) Nothing in this section or §§ 22-6-301 — 22-6-304 shall affect the sale of any state lands where written application was filed with the Commissioner of State Lands prior to February 1, 1919. (e) Nothing in this section or §§ 22-6-301 — 22-6-304 shall affect the law in regard to the sale by the state of tax-forfeited lands.

Ark. Code Ann. § 22-6-112 Preference to war veterans in sale of agricultural land.

In the disposition of state-owned tracts of lands suitable for agriculture, the Commissioner of State Lands shall give first preference, where they are qualified as farmers, to war veterans who have been bona fide citizens of this state for five (5) years or more, who have been in active military service in time of war for ninety (90) days or more, and who have been discharged or relieved therefrom under conditions other than dishonorable.

Ark. Code Ann. § 22-6-113 State's retention of mineral interest — Exemption.

(a) Irrespective of any other law on the subject, in any conveyance of title to lands owned by the State of Arkansas, except as provided in subsection (b) of this section, the state shall retain ownership of not less than one-half (½) interest in and to all the oil, gas, and other minerals therein or thereunder. (b) The provisions of this section shall not affect the provisions of law governing the sale of tax-forfeited lands by the State of Arkansas.

Ark. Code Ann. § 22-6-115 Prohibited acts of county officials affecting title.

(a) No county clerk, county assessor, sheriff, or other county official shall file or prepare and issue any type of deed, mortgage, lease, or other legal document, nor shall he or she extend and assess any taxes on state or political subdivision lands for any type of taxes, nor shall he or she include any such lands on any delinquent list, without first notifying the state or the department owning the lands by registered letter, return receipt requested, sixty (60) days prior to taking such action, setting forth the proposed action to be taken and including a complete legal description of the lands. (b) Any action taken without complying with the requirements of this section shall be declared null, void, and invalid, as against the state or political subdivision thereof, in any court having jurisdiction of the cause.

Ark. Code Ann. § 22-6-116 Certificates by county collectors correcting or cancelling original certificates.

(a) When any county collector shall determine that the original certification to the Commissioner of State Lands of any lands, or town or city lots, should be cancelled, corrected, or in any way changed, said official shall issue a certificate to the Commissioner of State Lands. Such certificate shall contain the legal description of the property, state the change, and state the appropriate manner in which to make such change. (b) Upon receipt of any cancellation or correction certificate, the Commissioner of State Lands shall determine whether the certificate offers sufficient evidence to warrant cancellation or correction of the certification of any real property. If the Commissioner of State Lands determines that cancellation or correction is warranted, the Commissioner of State Lands shall approve the cancellation or correction certificate, amend the records of the Commissioner of State Lands, forward the certificate to the county collector, and the certificate shall be filed with the recorder of the county and properly recorded in the deed records. A recorded copy of such certificate shall be transmitted to any other county officials upon whose records the parcel is recorded. (c) Whenever a cancellation or correction certificate has been recorded in the records of the Commissioner of State Lands, the Commissioner of State Lands shall issue a cancellation or correction deed on property which has been redeemed, sold, or otherwise disposed of as tax-forfeited land. The Commissioner of State Lands shall forward the deed to be filed in the county where the property is located. (d) No recording fee shall be charged by or against the recorder on any cancellation or correction certificate or on any cancellation or correction deed issued by the Commissioner of State Lands. (e) When any county assessor shall determine that the information on tax-delinquent parcels is erroneous, whether by legal description, name of record owner, double assessment, or other cause, the assessor shall inform the county collector of such change, and the county collector shall forward a cancellation or correction certificate to the Commissioner of State Lands as specified in subsection (a) of this section. (f) Should information contained in the records of the Commissioner of State Lands be found to be erroneous, whether by legal description, name of record owner, or other cause, the Commissioner of State Lands may, at his or her discretion, waive all or part of penalties and interests applied thereon as a result of the inaccuracies.

Ark. Code Ann. § 22-6-117 Report to Legislative Council — Definition.

(a) For purposes of this section and § 22-6-118, “quarter” means: (1) January 1 through March 31 of each year; (2) April 1 through June 30 of each year; (3) July 1 through September 30 of each year; and (4) October 1 through December 31 of each year. (b) When any agency of this state or agent of this state conveys any interest in real property or natural resources owned by this state, the agent or agency shall report the conveyance to the Legislative Council no later than thirty (30) days after the end of the quarter during which the conveyance occurred. (c) The report of conveyance shall include: (1) The parties to the conveyance; (2) The date of the conveyance; (3) The location of the property conveyed; (4) The compensation received by the state for the conveyance; (5) Changes in the lease agreement if the conveyance is a lease; and (6) Any other information requested by the Legislative Council.

Ark. Code Ann. § 22-6-118 Exemptions from § 22-6-117 requirement.

The provisions of this section and § 22-6-117 shall not apply to the following: (1) Conveyance by the state of tax-delinquent property; (2) Leases of state property of a duration of one (1) year or less; (3) Leases of state property to state employees for housing; (4) Conveyances of state property by one (1) state agency to another state agency; and (5) Easements or any lesser estate in land granted by any state agency.

Ark. Code Ann. § 22-6-119 Custody of records.

(a) Books, accounts, records, papers, maps, and documents relating to the functions and powers of the Commissioner of State Lands, including the records and documents used by the historical predecessors of the Commissioner of State Lands, are the property of the state and shall remain in the custody of the Commissioner of State Lands. (b)(1) Except for a temporary loan or temporary measures to preserve, protect, or display a deed, map, document, survey, or other record of the Commissioner of State Lands, the deed, map, document, survey, or other record shall not be removed by any person from the office of the Commissioner of State Lands. (2)(A) Upon request by an interested party, the Commissioner of State Lands shall deliver to the interested party a certified copy of a document or record described in subdivision (b)(1) of this section. (B) The certified copy shall be treated the same as an original document. (c) This section does not apply to a document or record: (1) That has been conveyed, transferred, or bestowed by the state in the normal course of business or another lawful disposition; or (2) In which the state no longer has an interest.

Ark. Code Ann. § 22-6-201 Purpose.

(a) It is the primary purpose and intent of this subchapter that when islands are formed in navigable waters of this state, title to the islands should be retained in the state if the island is appropriate for use by any state agency or may become appropriate for any use by the state and that the islands should be sold by the state only when it is determined that they have no present or future use to the state. (b) It is not the purpose of this subchapter to require any state agency to accept the responsibility and duty for the operation, management, or development of any island but only that appropriate state agencies, as determined by the Commissioner of State Lands, shall have an opportunity to assume control over the islands. (c) It is also the intent of this subchapter that when any state agency accepts the duties and responsibility of operating, managing, or developing any island, the agency shall have the authority to permit and regulate activities upon the lands, including the cutting of timber. The agency may use or permit the use of the lands for such purposes as it shall deem appropriate. (d) It is further the intent of this subchapter to establish the policy that all submerged lands following the navigable waterways of this state shall remain in the state domain. “Submerged lands” shall be those lands found at and below the line of ordinary highwater and shall include, but not be limited to, the beds, channels, chutes, and adjoining areas of rivers, lakes, and streams.

Ark. Code Ann. § 22-6-202 Title and administration of islands and submerged lands.

(a) Except as provided in § 22-6-204, islands formed or that may form in the navigable waters of this state are the property of the state and subject to sale and disposition in the manner and form provided in this subchapter. (b) The Commissioner of State Lands may lease, grant, or sell islands or submerged lands and may promulgate rules to implement this section. (c) The construction, alteration, or placement of objects below the ordinary high water mark in a navigable river, stream, or lake shall not be permitted without permission from the Commissioner of State Lands. (d) The Commissioner of State Lands may: (1) Enter into agreements and partnerships with other agencies to carry out the intent of this section; (2) Require the removal of an existing structure that occupies the submerged lands of a navigable stream, river, or lake; or (3) Require compensation to the Commissioner of State Lands by the owner for the continued use of submerged lands. (e)(1) The Commissioner of State Lands, or at the request of the Commissioner of State Lands, the Attorney General, may institute an action in a court with proper venue and subject matter jurisdiction over submerged lands or the Pulaski County Circuit Court to remove a structure or debris resting on the submerged lands of the navigable waters of the state or to enjoin the construction or placement of a structure upon the submerged lands. (2) If a court finds that a structure or debris is on the submerged lands of the state without permission from the Commissioner of State Lands, the court may order the owner of the structure or debris to: (A) Remove the structure or debris; and (B) Pay the expenses of removing the structure or debris. (3) If the structure or debris has been removed by the state or a local government, the judge may order the owner to: (A) Reimburse the state or local government for the costs of removal; and (B) Pay the state or local government its court costs and reasonable attorney's fees.

Ark. Code Ann. § 22-6-203 Disposition.

(a) The Commissioner of State Lands shall receive requests for conveyance of title to an island previously formed in the navigable waters of this state and not previously disposed of in the manner provided by law. (b)(1) The Commissioner of State Lands shall inquire into the terrain and other physical attributes of the island for the purpose of determining which state agency, if any, would be most appropriate for operating, managing, and developing the island. (2) Upon making the determination, the Commissioner of State Lands shall notify the agency which it finds to be most appropriate to operate and manage the island and shall determine whether that agency is willing to accept the authority and responsibility for operating and managing the island. (3) If that agency is willing to accept the authority and responsibility of operating and managing the island, the Commissioner of State Lands shall hold the state title to the island, and the authority and duty to operate and manage the island shall be vested in the agency. (4) If the agency so notified does not desire to accept the responsibility and duty to operate and manage the island, it shall notify the Commissioner of State Lands who shall give the state agency which it deems next most appropriate the option of accepting the authority and responsibility of operating and managing the island. (c)(1) When an agency agrees to accept the authority and responsibility of operating and managing an island, the agency shall cause the island to be accurately surveyed, compile field notes, and plat the lands in reference to the adjacent lands by the extension of township, range, and section lines, and the agency shall pay the cost of the survey. (2) Upon completion of the survey, a copy shall be filed with the Commissioner of State Lands. Upon payment of one dollar ($1.00) consideration to the Commissioner of State Lands by the agency desiring to accept the authority and responsibility of operating and managing the island, the authority and responsibility shall vest with the agency, and title shall be in the name of the State of Arkansas and held by the Commissioner of State Lands. (d) If the Commissioner of State Lands finds that an island is not appropriate for operation, management, or use by any appropriate state agency and if no state agency is desirous of accepting the responsibility and duty of managing and operating the island, the Commissioner of State Lands may, at his or her discretion and if the Commissioner of State Lands determines that the best interest of the state is being served, retain title to the island in the name of the state, or, alternatively, the Commissioner of State Lands may sell the island in a manner prescribed by subsection (e) of this section. (e)(1) Whenever the Commissioner of State Lands finds that any island formed in the navigable waters of this state is not appropriate for use by any state agency and if no state agency is desirous of assuming the responsibility and duty of operating and managing the island, the Commissioner of State Lands may accept applications for purchase of the island. (2) When the application is filed with the Commissioner of State Lands, the Commissioner of State Lands shall cause the island to be accurately surveyed, compile field notes, and plat the lands in reference to the adjacent lands by the extension of township, range, and section lines. (3) Thereafter, the lands shall be appraised and treated in all respects and sold and conveyed by the state in a public manner and as prescribed by the Commissioner of State Lands. (4) The cost of the survey of any island made as required by this section shall be added to the purchase price of the island.

Ark. Code Ann. § 22-6-204 Confirmation of prior sales.

(a) All sales made by the Commissioner of State Lands pursuant to this subchapter prior to July 1, 1991, are confirmed, and the title of all purchases under the deeds from the Commissioner of State Lands are quieted, established, and confirmed. (b) The area described in any of the deeds as being conveyed shall extend only to the line of ordinary highwater and shall not extend to the bed or channels of the chutes or adjoining area which lies below the line of ordinary highwater, the title to which formations below the line of ordinary highwater is reserved in the State of Arkansas.

Ark. Code Ann. § 22-6-205 Objects of antiquity on submerged lands property of state — Exceptions — Definition.

(a) As used in this section, “object of antiquity” includes without limitation property lost or abandoned for twenty-five (25) years or more. (b) An object of antiquity found in the submerged lands of the state and not claimed by the federal government or protected under the Native American Graves Protection and Repatriation Act, 25 U.S.C. § 3001 et seq., shall be the property of the state and be held in trust by the Commissioner of State Lands. (c) A person removing an object of antiquity without permission of the Commissioner of State Lands is guilty of theft of property under § 5-36-103. (d) The Commissioner of State Lands may: (1) Work with state or federal agencies to study, protect, and remove an object of antiquity; and (2) Transfer or entrust a state or federal agency or federally recognized Indian tribe to take possession of property removed from submerged lands owned by the state.

Ark. Code Ann. § 22-6-301 Sale by county court on application.

(a) It shall be lawful for the county court of any county in which any permanent school lands and lots, as defined in § 22-6-111, are situated to order the lands or lots sold at public auction by the sheriff, in legal subdivisions, upon the application of any person who may desire to purchase the lands or lots and who will deposit with the clerk of the court a sum sufficient to pay the costs of the appraisement, the estimate of the timber thereof, if any, and its commercial value, the survey thereof if one is necessary, and the advertisement and other costs of sale. (b) The applicant shall also file a written guaranty that he or she will bid at the sale at least two dollars and fifty cents ($2.50) per acre if the acreage is land and the full appraised value if the acreage is in lots. (c) The applicant shall not, by reason of his or her application and deposit, acquire any preference right to purchase the land or lots at the sale, but when the sale of the land or lots is approved, the deposit so made shall be repaid out of the purchase price whether the applicant is the purchaser or not, except that if the lands should not be sold because of the failure of the applicant to make and complete his or her guaranty bid, the deposit made by him or her for the cost of sale shall be forfeited and not repaid.

Ark. Code Ann. § 22-6-302 Appraisers.

(a) The county court shall appoint three (3) disinterested householders of the county who are familiar with real estate values to view and appraise the lands and lots and cause the timber, if any on the land, to be estimated. (b) Each appraiser shall take an oath, which shall be filed in the court, that he or she does not desire or intend to buy the land or lots or any part thereof and that he or she will not directly or indirectly be or become interested in the purchase thereof at the sale to be made by the sheriff. (c) Each appraiser shall receive for his or her services the sum of one dollar and fifty cents ($1.50) for each day he or she is engaged in such service.

Ark. Code Ann. § 22-6-303 Notice of sale — Terms.

(a) The sheriff shall give notice by publication in some newspaper published in the county where the land is situated, at least four (4) weeks before the day of sale, that he or she will sell the land or lots at the courthouse door. (b) Upon the day of the sale, the sheriff shall offer the lands or lots at public auction in separate legal subdivisions, if land, and by separate lots, if town lots. (c) The sale shall be between the hours of 10:00 a.m. and 3:00 p.m. but may be continued from day to day, at the county courthouse door and between the same hours, until all has been sold or offered. (d) All sales shall be for cash. (e) If any bidder shall fail to perfect his or her bid by paying the cash, the sheriff shall resell the land, and the bidder shall be responsible for the difference between his or her bid and the price for which the land sold, which may be recovered from him or her in an action for the use and benefit of the permanent school fund. (f) If any tract of land or lot is not sold, it may be offered again as provided in this section until sold without a new application.

Ark. Code Ann. § 22-6-304 Rejection or confirmation — Disposition of purchase money — Deed by Commissioner of State Lands.

(a) The sheriff shall report without delay all sales to the county court, which may reject or confirm the sale. (b) If any sale is rejected, the county court may direct the sheriff to again advertise and offer the land or lots for sale. (c) If the sale is confirmed by the court, the sheriff shall execute and deliver to the purchaser a certificate showing that he or she has purchased the land and the price paid for the land. (d)(1) Out of the purchase price, the sheriff shall pay the cost of the sale, retaining for his or her services two percent (2%) of the gross amount received by him or her for the sale of the land, and immediately transmit the balance of the purchase price to the county treasurer of the county for and on account of the school districts located in the township in which the land is located and to be distributed to the districts in the proportion that the territory of each district within the township bears to the total territory of the township. (2) The school districts shall use the funds for any school purposes, including construction of buildings and retirement of bonds. (e)(1) Upon presentation of the certificate of purchase to the Commissioner of State Lands, the purchaser of the lands or lots, as the case may be, and his or her heirs or assigns, shall be entitled to a deed from the Commissioner of State Lands for the land or lots described in the certificate, and the Commissioner of State Lands is authorized to make conveyance of any land or lots sold under and by virtue of this subchapter. (2) The Commissioner of State Lands shall keep a full and complete record of all such sales and of the deeds so issued and shall keep as correct records of sales as the reports made to him or her may enable him or her to do.

Ark. Code Ann. § 22-6-305 Certification of purchase money — Penalty.

(a) Immediately after each sale of any part of school lands and lots under this subchapter, each county clerk shall certify to the Auditor of State the amount of moneys received by the sheriff on account of the sale, and the Auditor of State shall charge this amount to the sheriff. (b) Neglect, failure, or refusal by any county clerk to perform duties enjoined upon him or her by this section is a violation, and upon conviction the county clerk shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense and may be removed from office.

Ark. Code Ann. § 22-6-306 Sale where no inhabitants in township.

(a) Whenever there may be in the State of Arkansas any school lands or lots situated in any county in this state, and in a congressional township, or fraction thereof, where no inhabitants reside, any adult inhabitant of the county, by written petition properly verified by the affidavit of the petitioner together with the affidavits of three (3) other adult inhabitants of the county and setting forth that there are no inhabitants residing in the congressional township or fraction thereof situated in the county may require the collector of taxes or, if there is no collector, the sheriff of the county wherein the land is situated, to sell the land. (b) Sales of any lands under this section shall be made in the same manner as sales of other school lands or lots under this subchapter.

Ark. Code Ann. § 22-6-401 Authority to sell.

The Commissioner of State Lands shall have full power and authority to sell lands granted by the United States Congress to this state under the designation, “swamp and overflowed lands”, and, in making the sales, he or she shall be governed by the provisions of this subchapter which may be in force at the time of sale.

Ark. Code Ann. § 22-6-402 Application — Determination — Bond — Appraisers.

(a) Upon the application made to the Commissioner of State Lands by any person, firm, or corporation seeking to purchase from the State of Arkansas any of the lands granted by the United States Congress to this state under the designation of “swamp and overflowed lands”, on which patents or entry certificates have not been issued by the state as shown by the records in the office of the Commissioner of State Lands, it shall be the duty of the Commissioner of State Lands to determine whether the lands described in the application are wild and unimproved, which fact shall be determined by the Commissioner of State Lands upon the filing with him or her of the affidavit of the county surveyor, the county judge, and one (1) other reliable and disinterested person residing in the county in which the lands are situated, which affidavit shall accompany the application to purchase. (b) Should it be determined by the Commissioner of State Lands that the land sought to be purchased is wild and unimproved, he or she shall, upon the applicant's filing a bond with the Commissioner of State Lands with a surety to be approved by the Commissioner of State Lands that he or she will pay all costs of the appraisal as provided in this section, immediately notify the sheriff and ex officio collector of the county in which the land is situated of his or her finding and direct the sheriff and ex officio collector of the county to immediately appoint three (3) reliable and disinterested householders residing in the county as appraisers who shall make an actual inspection of the land sought to be purchased. After they have done so, it shall be the duty of the appraisers to make a report in writing and file the report with the Commissioner of State Lands. (c)(1) The report of the appraisers shall set forth the estimated appraised value of the timber located on the lands, the estimated appraised value of any minerals or oil in the lands if any are known, and the appraised agricultural value of the lands. (2) The aggregate of the appraisals shall be treated by the Commissioner of State Lands as the value of the lands for the purpose of sale. (d) The report of the appraisers shall be accompanied by their oath, which shall state that they are householders and residents of the county in which the lands are located, that they have actually viewed the lands described in the report, that they have no interest in the sale thereof, that they are not related in any manner to the person who has made application to purchase the lands, and that the value fixed by them is, in their judgment, a fair and reasonable market value. (e) The appraisers shall be entitled to receive the sum of two dollars and fifty cents ($2.50) for each day necessary for making the inspection and appraisal, and they shall be paid by the applicant.

Ark. Code Ann. § 22-6-403 Conveyance.

(a) When the report of the appraisers has been filed with the Commissioner of State Lands, he or she shall notify the applicant of the value of the land as fixed by the appraisers and, upon the applicant's paying into the State Treasury the value of the lands as determined by the report of the appraisers and presenting his or her receipt to the Commissioner of State Lands, the Commissioner of State Lands shall issue a patent conveying to the applicant all the right, title, interest, and claim which the State of Arkansas may have acquired in and to the lands by virtue of 9 Stat. 519, Ch. 84. (b) In no event shall any of the lands known as swamp and overflowed lands in this state be sold for less than two dollars and fifty cents ($2.50) per acre. (c) Should the applicant fail and neglect to pay into the State Treasury within a period of six (6) months from the date of the filing of the appraisers' report with the Commissioner of State Lands the amount necessary to purchase the lands, the Commissioner of State Lands may thereafter, for a period of three (3) years from the date of the filing of the appraisers' report, convey the land to any other person who may apply to purchase the land and pay into the State Treasury the price therefor as determined by the appraisers. (d) If the land is not sold within three (3) years after the date of the filing of the appraisers' report with the Commissioner of State Lands, it cannot thereafter be sold or conveyed to anyone by the Commissioner of State Lands until the land has been reappraised in like manner as provided by this subchapter.

Ark. Code Ann. § 22-6-404 Preemption rights.

(a) Any person who, either in person or by and through his or her tenants, resides on or cultivates any of the swamp and overflowed lands which may have been confirmed to the state shall have a preemption right to the lands to be proved as provided in this section. (b) Should the person, firm, or corporation making an application to purchase the lands show by affidavit of at least three (3) reliable and disinterested persons that he or she, either in person or by and through his or her tenants, is in actual possession of the lands under color of title and that he or she and those under whom he or she claims title have been in the actual possession thereof for more than fifteen (15) years prior to the passage of this subchapter together with the certificate of the clerk of the county court showing that the lands described in the petition of the applicant have been regularly assessed on the tax books of the county in which they are located for more than twenty (20) years prior to the passage of this subchapter, and that the taxes so assessed have been paid by the applicant or those under whom he or she claims title, then the Commissioner of State Lands shall execute a deed or patent conveying to the applicant all the right, title, claim, and interest which the State of Arkansas may have acquired in and to the lands upon the applicant's paying into the State Treasury the sum of one dollar ($1.00) per acre for the lands described in his or her application, together with a fee of one dollar ($1.00) to the Commissioner of State Lands for the execution of the deed.

Ark. Code Ann. § 22-6-405 Conflicting claims.

(a) When there are conflicting claims to swamp and overflowed lands, the Commissioner of State Lands may administer oaths and shall decide, upon proper notice to the parties and upon hearing testimony and statements under oath, to whom the patent certificate shall be issued in accordance with the law on the subject and shall issue the patent certificate accordingly. (b) Should the other party whose claim is not allowed desire a certificate for the Auditor of State, upon which to have the amount paid by him or her for the land refunded, the Commissioner of State Lands shall issue the necessary certificate to enable him or her to do so, upon his or her surrendering his or her original certificate to the Commissioner of State Lands.

Ark. Code Ann. § 22-6-406 Disposition of moneys.

All moneys paid into the State Treasury for the purchase of swamp and overflowed lands shall be appropriated by the General Assembly for purposes which shall not be inconsistent with the provisions of the terms of 9 Stat. 519, Ch. 84.

Ark. Code Ann. § 22-6-502 Oil, gas, and mineral rights.

(a) Where tax-forfeited lands are disposed of by the state by return to private ownership by sale or redemption, the oil, gas, and mineral rights shall be a part of the fee and shall be conveyed with it, and the deeds shall not contain any restrictive covenants or reservations relative to the oil, gas, and mineral rights. (b) Where tax-forfeited lands have previously been leased for oil and gas purposes and the lease is still in effect, a return of the lands to private ownership by sale or redemption shall not affect the validity of the existing lease, but at the expiration thereof, the oil, gas, and mineral rights of the lands shall attach and become a part of the fee and pass to the owner of the fee. (c) Oil, gas, and mineral rights in tax-forfeited lands which have been reserved in any deed from the state conveying the lands shall immediately pass to the present owners of the fee title to the lands. This provision shall not terminate any existing lease on such rights, but at the expiration of any existing lease, the rights shall pass to the owner of the fee. (d) When so requested by the owner of any lands conveyed under the provisions of §§ 22-5-206, 22-5-301 — 22-5-305 [repealed], 22-5-307, and 22-5-308 — 22-5-311 [repealed], in which the coal, oil, gas, and mineral rights were reserved to the State of Arkansas, the Commissioner of State Lands shall, upon the filing of an affidavit of ownership of the surface rights so sold and the payment of a deed fee of five dollars ($5.00), issue to the owner of the lands a deed quitclaiming all interest of the State of Arkansas in and to all the coal, oil, gas, and mineral rights reserved in the deeds in the proportion that the surface rights in the lands owned bear to the whole tract sold.

Ark. Code Ann. § 22-6-503 Recording in county — Fees.

(a) All deeds issued by the Commissioner of State Lands for lands, including city and town lots which have been certified for the nonpayment of taxes, shall be forwarded or delivered to the recorder of the county in which the lands, including city and town lots, are located, and the recorder shall record the deeds prior to their delivery to the purchaser or redeemer. (b) Fees for recording the deeds shall be paid by the purchaser or redeemer at the time of making application to purchase or redeem the lands.

Ark. Code Ann. § 22-6-504 Refund when state's title fails.

(a) The Arkansas State Claims Commission is authorized and empowered to make refunds of amounts received by the state for the purchase or redemption of tax-forfeited lands or of funds received by the state from the sale of islands when it has been determined by the commission that the State of Arkansas has no further right, title, interest, or claim in or to the land or islands. (b) No refund for more than one thousand dollars ($1,000) may be made under this section to any one (1) individual, firm, or corporation during any fiscal year. (c) One who claims a refund under this section shall furnish to the commission evidence which satisfies the commission that he or she is entitled to a refund and that the claimant has made diligent effort, where title failed by reason of a court proceeding, to require the plaintiff to pay all sums due the state at the time of sale by the state. (d) Any claimant for a refund of purchase money shall be chargeable with the value of any timber, stone, or mineral or other thing of value sold, destroyed, or removed from the lands or islands involved. (e) No refund shall be made under this section except the amount in excess of the sum legally due the state at the time of purchase or redemption. (f) Any taxes or sums in lieu thereof, paid by anyone since the sale to the state, shall not be included in the amount, if any, determined to be due the state. (g) The commission shall in each case determine the amount that should be refunded under the provisions of this section. (h) The Director of the Arkansas State Claims Commission is designated the disbursing officer for the purpose of carrying out the provisions of this section.

Ark. Code Ann. § 22-6-602 Reimbursement of counties for use of lands.

(a) It is declared the policy of the State of Arkansas to reimburse, annually or biennially, the counties from which the State of Arkansas has acquired or may acquire title to, or use of, acreage farm lands aggregating more than one thousand (1,000) acres for the use of its penal farms or other state institutions in the proportion that the value of the acreage acquired or used bears to the total real value of the counties. (b) The benefit assessment on all of the state's acquired acreage shall be in favor of any and all improvement districts comprising the lands.

Ark. Code Ann. § 22-6-603 Donation of lands for highway uses.

(a) The respective boards charged with the management or control of the charitable, penal, or correctional institutions and institutions of higher education of the State of Arkansas and other agencies of the state are authorized and empowered to donate, without compensation to the public, rights-of-way over or along lands under the control of the boards or agencies to counties, municipalities, road districts, or other public agencies for use as public highways, roads, or streets, when, in the discretion of the respective governing bodies of the state institutions and agencies, it may be deemed necessary or proper. (b) The donations may be upon such terms, restrictions, or conditions as the boards or agencies may impose, and the boards and agencies are empowered to execute deeds or conveyances for the rights-of-way.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.22.htmlFetched: 11/8/2026