General Provisions

Ark. Code Ann. tit. 22, ch. 1

in effect

Ark. Code Ann. § 22-1-101 Sale of surplus commodities to not-for-profit organizations before offer for sale to public — Definitions.

(a) As used in this section: (1) “Commodities” means commodities under § 19-61-103; and (2) “Not-for-profit organization” means a private corporation under § 4-28-201 et seq. that: (A) Has a benevolent, philanthropic, patriotic, or charitable purpose; and (B) Performs a function that would be performed at the public expense if it were not performed by the organization. (b) Before a state, county, or municipal government entity offers surplus commodities for sale to the public, the state, county, or municipal government entity: (1) Shall consider offers by not-for-profit organizations for the surplus commodities made by not-for-profit organizations; and (2) May accept a reasonable bid or offer for the surplus commodities from a not-for-profit organization.

Ark. Code Ann. § 22-1-201 Roads and parks.

(a) No title or right of possession to any public thoroughfare, road, highway, or public park, or any portion thereof, shall or can be acquired by adverse possession or adverse occupancy, and the right of the public or of the proper authorities of any county to open or have opened any such public thoroughfare, road, highway, park, or parts thereof shall not be defeated in any action or proceeding by reason of adverse possession or adverse occupancy of any such public thoroughfare, road, highway, or park, or any portion thereof where adverse possession or occupancy commenced after the passage of this section. (b) Any thoroughfare, road, or highway that may be platted by any landowner and dedicated to the public as a public thoroughfare, road, or highway where the plat shows or the bill of assurance states the width of the road or highway or any park dedicated by any landowner to the public as a public park for the use and benefit of the public shall not be acquired by adverse possession or adverse occupancy of any such land so dedicated to the public, or any portion thereof, where the adverse possession or occupancy commenced after the passage of this section.

Ark. Code Ann. § 22-1-202 Municipal waterworks lands.

Regardless of the beginning date thereof, no adverse possession or adverse use of lands or easements owned by a municipality for municipal waterworks purposes shall or can ripen into title or permanent right. This section shall have no application to any possession or use which ripened into title or permanent right prior to the enactment of this section.

Ark. Code Ann. § 22-1-203 Public school system property — Definition.

(a) As used in this section, “public school system” means any school system, district, college, or university in the State of Arkansas which is supported wholly or in part by tax dollars, whether federal, state, or local. (b) No title or right of possession to any public school system property, or any portion thereof, shall or can be acquired by adverse possession or adverse occupancy thereof. The right of the public school system or of the proper school authorities of any public school system shall not be defeated in any action or proceeding by reason of adverse possession or adverse occupancy of any public school system property, or any portion thereof, where the parties claiming such adverse possession commence legal action after January 1, 1983. This section is to serve as legal notice to such parties that claims to adverse possession of public school properties commenced after January 1, 1983, shall be unwarranted and ineffective, and those claims shall be dismissed by the appropriate court.

Ark. Code Ann. § 22-1-204 Realty owned by cities, towns, school districts, counties, or state.

No title or right of possession to realty by an incorporated town, city of the second class, city of the first class, school district, county, or the state may be defeated in any action or proceeding because of adverse possession.

Ark. Code Ann. § 22-1-205 Property of drainage districts — Definition.

(a) As used in this section, a “drainage district” means a: (1) Drainage improvement district formed by an act of the General Assembly; (2) Drainage improvement district formed and operated under § 14-120-101 et seq.; or (3) Drainage improvement district formed and operated under § 14-121-101 et seq. (b)(1) No title or right of possession to property of a drainage district, or any portion thereof, shall be acquired by adverse possession or adverse occupancy. (2) No easement or right of way of a drainage district for flowage, storage rights, and any other servitude upon, over, and across any lands, or any portion thereof, shall be acquired by adverse possession or adverse occupancy. (c) The real property rights of a drainage district shall not be defeated in any cause of action or proceeding by reason of adverse possession or adverse occupancy of district property, or any portion thereof, where the parties claiming the adverse possession commence legal action after April 5, 2001.

Ark. Code Ann. § 22-1-206 Property of levee districts — Definition.

(a) As used in this section, a “levee district” means a: (1) Levee district formed by Act 97 of 1911 and any other levee district formed by an act of the General Assembly; (2) Watershed improvement district formed under the Arkansas Irrigation, Drainage, and Watershed Improvement District Act of 1949, § 14-117-101 et seq.; (3) Levee district or levee and drainage district formed under § 14-120-101 et seq.; and (4) Levee improvement district formed under § 14-123-201 et seq. (b)(1) No title or right of possession to property of a levee district or any portion of a district's property shall be acquired by adverse possession or adverse occupancy. (2) No easement or right of way of a levee district for flowage, storage rights, and any other servitude upon, over, and across any lands or any portion of lands shall be acquired by adverse possession or adverse occupancy. (c) The real property rights of a levee district shall not be defeated in any cause of action or proceeding by reason of adverse possession or adverse occupancy of a district's property or any portion of a district's property, where the parties claiming the adverse possession commence legal action after July 16, 2003.

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