reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 2 - COMMISSIONER OF STATE LANDS (§§ 22-5-201 — 22-5-210) › Section 22-5-209 - Deeds, abstracts, and contracts affecting state lands filed in office of Commissioner of State Lands - Additional information - Failure to comply - Definition

(a)
All deeds, abstracts, contracts, and other evidences of title to realty belonging to the State of Arkansas shall be filed in the office of the Commissioner of State Lands to be preserved by the Commissioner of State Lands as the other public records and files of his or her office.
(b)
Separately for each item of real property in the possession of a state agency, the state agency shall maintain and furnish to the Commissioner of State Lands a record containing:
(1)
(A)
The official recording information shown by the county recorder's records and the legal description of the real property.
(B)
A copy of the most recent deed to the real property may be furnished to the Commissioner of State Lands if the copy contains the official recording information and the legal description;
(2)
If the real property was purchased by a state agency, the date of purchase and the purchase price; and
(3)
The name of the state agency holding title to the real property for the state.
(c)
If the description of real property required under subsection (b) of this section is excessively voluminous, the Commissioner of State Lands may permit the state agency in possession of the real property to furnish the description in summary form.
(d)
If a state agency does not comply with this section, the Commissioner of State Lands shall report the failure to comply to the Governor, who shall notify the administrative officer of the state agency to immediately report to him or her the reasons for the state agency's failure to comply.
(e)
Willful failure to comply with this section by a public official shall constitute nonfeasance in office.
(f)
(1)
As used in this subchapter, "state agency" means an instrumentality of state government, including without limitation an office, a department, an agency, a board, a commission, or an institution of the state.
(2)
As used in this subchapter, "state agency" does not include:
(A)
The Arkansas Department of Transportation;
(B)
An institution of higher education;
(C)
The Arkansas Public Employees' Retirement System;
(D)
The Arkansas Teacher Retirement System;
(E)
The Arkansas State Game and Fish Commission; or
(F)
The Division of Emergency Management.
Amended by Act 2019, No. 884,§ 2, eff. 7/24/2019.
Acts 1947, No. 172, §§ 1, 5; A.S.A. 1947, §§ 10-112, 10-113.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 2 - COMMISSIONER OF STATE LANDS (§§ 22-5-201 — 22-5-210) › Section 22-5-210 - Real property records of various departments, institutions, and retirement systems

(a)
With respect to real property administered by the Arkansas Department of Transportation, an institution of higher education, the Arkansas Public Employees' Retirement System, and the Arkansas Teacher Retirement System:
(1)
The department, an institution of higher education, the Arkansas Public Employees' Retirement System, and the Arkansas Teacher Retirement System shall each maintain inventory records of the real property it owns; and
(2)
The Commissioner of State Lands may:
(A)
Review, verify, and maintain inventory records of the real property; and
(B)
In cooperation with each affected state agency, prepare reports and make recommendations concerning the best use of the real property.
(b)
At the request of the Commissioner of State Lands:
(1)
The department shall submit its real property inventory records that are not related to the roadways and bridges it maintains; and
(2)
No more than semiannually, the real property inventory records of an institution of higher education, the Arkansas State Game and Fish Commission, the Arkansas Public Employees' Retirement System, and the Arkansas Teacher Retirement System may be submitted to the Commissioner of State Lands for information purposes only.
(c)
The duties of the Commissioner of State Lands under this subchapter and §
22-5-301
et seq. do not apply to:
(1)
Real property that is owned by the state but is managed by the United States Government;
(2)
The real property composing the State Capitol complex;
(3)
The real property composing the Arkansas Governor's Mansion;
(4)
The real property composing the state veterans' cemetery system;
(5)
Highway rights-of-way owned by the department;
(6)
The real property composing the Old State House Museum;
(7)
The real property owned by the Division of Emergency Management; and
(8)
Real property that is managed by a state retirement system as a part of its trust assets.
Added by Act 2019, No. 884,§ 3, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 3 - ADMINISTRATION (§§ 22-5-301 — 22-5-311) › Section 22-5-301 - Policy

It is declared to be the policy of the State of Arkansas:
(1)
To provide for the development and conservation of the human and soil resources of the state;
(2)
To protect the lands owned by the state and to provide for their classification and best use in the interests of the future general welfare and agricultural well-being of the state;
(3)
To encourage the settlement of the farm families of the state upon family-sized tracts under conditions conducive to successful farming;
(4)
To preserve land in public ownership suited for public use as forests, parks, or other purposes;
(5)
To cooperate with federal agencies having similar and allied objectives; and
(6)
To protect and promote the health, safety, and general welfare of the people of Arkansas.
Acts 1939, No. 331, § 1; A.S.A. 1947, § 10-401.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 3 - ADMINISTRATION (§§ 22-5-301 — 22-5-311) › Section 22-5-302 - Subchapter controlling

Insofar as any provision of this subchapter is inconsistent with the provisions of any other law, the provisions of this subchapter shall be controlling.
Acts 1939, No. 331, § 16; A.S.A. 1947, § 10-417.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 3 - ADMINISTRATION (§§ 22-5-301 — 22-5-311) › Section 22-5-303 - Additional duties of Commissioner of State Lands

In addition to other duties and powers conferred by law upon the Commissioner of State Lands, he or she shall:
(1)
Effectuate the policies and carry out the purposes declared in §
22-5-301
, including:
(A)
Securing the cooperation and assistance of the United States and any of its agencies; and
(B)
Entering into contracts, agreements, and conveyances necessary to secure such federal assistance;
(2)
Conduct investigations, independently or jointly with other state and federal agencies, relating to conditions and factors affecting, and methods of accomplishing more effectively, the purposes of this subchapter;
(3)
Assign lands to the several state agencies for administration, subject to their agreement and acceptance; and
(4)
Review, compile, and maintain inventory records of the real property owned by the State of Arkansas based upon the information submitted under §§
22-5-209
and
22-5-411
and the records in his or her office.
Amended by Act 2019, No. 972,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 884,§ 4, eff. 7/24/2019.
Acts 1939, No. 331, § 2; A.S.A. 1947, § 10-402.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 3 - ADMINISTRATION (§§ 22-5-301 — 22-5-311) › Section 22-5-304 - Survey in case of doubtful location of state lands - Actions to quiet title

(a)
In cases where the location of lands claimed by the state appears to be doubtful or subject to controversy because of faulty descriptions or otherwise, the Commissioner of State Lands shall cause those lands to be surveyed in order to accurately locate the lands or shall request the assistance of other state agencies and of state and county officers and employees in ascertaining the location of the lands.
(b)
The Commissioner of State Lands may request the Attorney General to bring an action to confirm or quiet title to the land in the state.
Acts 1939, No. 331, § 3; A.S.A. 1947, § 10-403.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 3 - ADMINISTRATION (§§ 22-5-301 — 22-5-311) › Section 22-5-305 - [Repealed]

Repealed by Act 2019, No. 972,§ 2, eff. 7/24/2019.
Repealed by Act 2019, No. 884,§ 5, eff. 7/24/2019.
Acts 1939, No. 331, §§ 4, 10; 1945, No. 49, § 6; A.S.A. 1947, §§ 10-404 -- 10-406.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 3 - ADMINISTRATION (§§ 22-5-301 — 22-5-311) › Section 22-5-306 - Appraisers - Qualifications, oath, and bond

(a)
The Commissioner of State Lands may appoint appraisers to inspect and appraise state-owned lands for sale, transfer, or donation.
(b)
Each appraiser selected shall, by education or experience, be familiar with and know how to arrive at the value of lands, water rights, mineral rights, timber lands, rural lands, agricultural lands, and noncultivable lands; shall understand legal descriptions of real properties; shall have a working knowledge of county and state real property records; and shall be capable of passing dependable judgments upon the values of rural properties.
(c)
Upon entering the duties of his or her office, each appraiser shall take an oath of office as prescribed in Arkansas Constitution, Article 19, § 20. This oath shall state that he or she will not, directly or indirectly, be engaged in the purchase of state-owned lands during his or her continuance in office and that he or she will not engage in any speculation of state-owned lands or give information to any agent, friend, or secret or other partner so as to secure the advantages of that information to himself or herself or to any person, association, or company to the prejudice or exclusion of other persons.
(d)
Each appraiser shall enter into bond to the state in the sum of one thousand dollars ($1,000), to be furnished by a surety company authorized to do business in the State of Arkansas, conditioned that he or she will faithfully discharge all of his or her duties according to law and the rules of the Commissioner of State Lands.
(e)
After qualifying as provided in this section, each appraiser shall perform his or her duties in the manner prescribed by the Commissioner of State Lands.
Amended by Act 2019, No. 315,§ 2365, eff. 7/24/2019.
Amended by Act 2019, No. 972,§ 3, eff. 7/24/2019.
Amended by Act 2019, No. 884,§ 6, eff. 7/24/2019.
Acts 1945, No. 49, §§ 1-5; A.S.A. 1947, §§ 10-407 -- 10-411.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 3 - ADMINISTRATION (§§ 22-5-301 — 22-5-311) › Section 22-5-307 - Classification and disposition of state lands generally

(a)
State lands shall be classified as to whether they should be retained in public ownership or returned to private ownership through sale or donation, and the classification may be changed.
(b)
(1)
The Commissioner of State Lands shall dispose of the lands and make deeds to the lands in accordance with the classification under subsection (a) of this section.
(2)
With the approval of the Governor and review by the General Assembly or the Legislative Council, lands classified as suitable for return to private ownership may be sold under subsection (e) of this section to private parties by the Commissioner of State Lands.
(c)
The Commissioner of State Lands may direct that land shall be retained and administered by certain appropriate state or local agencies or shall be disposed of and deeded in such manner that the state shall be eligible for any benefits under any act of the United States Congress.
(d)
Where lands are disposed of by return to private ownership, the deeds shall contain such restrictive covenants or restraints on alienation as the Commissioner of State Lands may deem necessary to ensure the protection and use of the land in a manner beneficial to the public. All coal, oil, gas, and mineral rights shall be reserved to the state except in the case of tax-forfeited lands. However, the original owner or his or her heirs shall be allowed to redeem or acquire these lands in accordance with the provisions of this subchapter without the oil, gas, and mineral rights being restricted or reserved.
(e)
(1)
Where land is classified as land which should be returned to private ownership by sale, the Commissioner of State Lands shall offer the land for sale to the highest bidder, but only if his or her bid is at least equal to the appraised value.
(2)
Land shall not be sold for less than its appraised value, except that, pending appraisal, the Commissioner of State Lands is authorized to continue sales of state lands as provided for in §§
26-37-101
-
26-37-105
,
26-37-201
-
26-37-205
, and
26-37-301
-
26-37-303
.
(f)
Land shall not be donated by the Commissioner of State Lands until it has been classified as appropriate for donation by the Commissioner of State Lands.
(g)
If, at the end of three (3) years after appraisal by the Commissioner of State Lands, lands classified as land which should be returned to private ownership by sale shall remain unsold on the books of the Commissioner of State Lands, the unsold lands shall be reappraised by the Commissioner of State Lands.
(h)
Tax-delinquent lands are not subject to the terms and restrictions of this section and may be disposed of as required by law.
Amended by Act 2019, No. 972,§ 4, eff. 7/24/2019.
Amended by Act 2019, No. 884,§ 7, eff. 7/24/2019.
Amended by Act 2013, No. 1463,§ 2, eff. 8/16/2013.
Acts 1939, No. 331, § 5; A.S.A. 1947, § 10-412.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 3 - ADMINISTRATION (§§ 22-5-301 — 22-5-311) › Section 22-5-308 - [Repealed]

Repealed by Act 2013, No. 1463,§ 3, eff. 8/16/2013.
Acts 1939, No. 331, § 6; A.S.A. 1947, § 10-413.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 3 - ADMINISTRATION (§§ 22-5-301 — 22-5-311) › Section 22-5-309 - [Repealed]

Repealed by Act 2013, No. 1463,§ 3, eff. 8/16/2013.
Acts 1939, No. 331, § 7; A.S.A. 1947, § 10-414.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 3 - ADMINISTRATION (§§ 22-5-301 — 22-5-311) › Section 22-5-310 - [Repealed]

Repealed by Act 2013, No. 1463,§ 3, eff. 8/16/2013.
Acts 1939, No. 331, § 8; A.S.A. 1947, § 10-415.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 3 - ADMINISTRATION (§§ 22-5-301 — 22-5-311) › Section 22-5-311 - [Repealed]

Repealed by Act 2013, No. 1463,§ 3, eff. 8/16/2013.
Acts 1939, No. 331, § 9; A.S.A. 1947, § 10-416.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 4 - TITLE TO LANDS (§§ 22-5-401 — 22-5-411) › Section 22-5-401 - Suits to recover state's property or quiet title

(a)
It shall be the duty of the Attorney General, and any assistant attorney appointed by the Governor on a contingency fee not to exceed twenty-five percent (25%), to institute suit in the name of the state to recover any forgotten, lost, or other outstanding public interest or property or to quiet title to any lands, whether surveyed or unsurveyed, whether known or hereafter discovered, to which the state, either in law or equity, may have or claim title, and which for any reason may not appear on the records of the Commissioner of State Lands.
(b)
It shall also be the duty of the Attorney General and any assistant attorney to investigate the records of the Commissioner of State Lands for the purpose of determining whether title has been obtained to any of the state's lands by any illegal or fraudulent methods. If it shall appear that title is held by any person, company, or corporation to any lands through or by any conveyance from the state obtained by fraudulent or false acts or means, statements, or oaths, the Attorney General and assistant attorneys shall institute suit in the proper court to cancel the conveyance and recover those lands.
(c)
It shall be the duty of the Attorney General and his or her assistants to make a detailed list and description of any such lands and file the list with the Commissioner of State Lands after the lands shall have been adjudicated as the property of the state.
(d)
If suit is brought to recover or quiet title in equity, an order may be obtained for the sale of the land as in the case of sales of lands upon decree in equity, and, after paying expenses, the balance of the purchase money shall be deposited into the State Treasury.
(e)
This section shall not apply to persons who hold title to lands at the time of any alleged forfeiture for taxes or to their grantees, where the taxes have been continuously paid since the alleged forfeitures.
Acts 1915, No. 194, § 1; C. & M. Dig., §§ 4532, 9295; Pope's Dig., §§ 5589, 11981; A.S.A. 1947, § 10-201.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 4 - TITLE TO LANDS (§§ 22-5-401 — 22-5-411) › Section 22-5-402 - Tax title void when in conflict with state's interest

No tax title shall be valid or binding against the equitable or legal interest of this state in or to any real estate whatever. However, such tax titles shall be void so far as they shall conflict with the interest of the state and shall be treated and considered as null and void in both law and equity in all courts of the state.
Acts 1851, § 13, p. 108; C. & M. Dig., § 6779; Pope's Dig., § 8707; A.S.A. 1947, § 10-214.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 4 - TITLE TO LANDS (§§ 22-5-401 — 22-5-411) › Section 22-5-403 - Title to lands formed in navigable waters

(a)
All land which has formed or may form in the navigable waters of this state, and within the original boundaries of a former owner of land upon such waters, shall belong to and the title thereto shall vest in the former owner, his or her heirs or assigns, or in whoever may have lawfully succeeded to the right of the former owner therein.
(b)
Nothing in this section shall be construed to affect the rights or interests of third parties in any such land acquired before the passage of this section.
Acts 1901, No. 127, §§ 1, 2, p. 197; C. & M. Dig., § 6783; Pope's Dig., § 8709; A.S.A. 1947, §§ 10-202, 10-203.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 4 - TITLE TO LANDS (§§ 22-5-401 — 22-5-411) › Section 22-5-404 - Title to lands formed in nonnavigable lakes or abandoned river channels

(a)
The title to all lands which have formed or may form in the beds of nonnavigable lakes, or in abandoned river channels or beds, whether or not still navigable, which reformed lands or alluvia are above the ordinary high-water mark, shall vest in the riparian owners to the lands and shall be assessed and taxed as other lands.
(b)
The lands referred to in subsection (a) of this section shall include those lands which have emerged or which may emerge by accretion, reliction, evaporation, drainage, or otherwise from the beds of lakes or from former navigable streams, whether by natural or artificial causes, or whether or not the lakes were originally formed from the channel or course of navigable or nonnavigable streams.
Acts 1945, No. 203, §§ 1, 2; 1953, No. 126, §§ 1, 2; A.S.A. 1947, §§ 10-204, 10-205.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 4 - TITLE TO LANDS (§§ 22-5-401 — 22-5-411) › Section 22-5-405 - Deeds to lands in lakes or rivers

(a)
The Commissioner of State Lands is empowered and authorized to execute deeds to lands described in §
22-5-404
to riparian owners upon application and the filing of proof of record ownership of adjacent lands and proof of proper survey of the lands, conveying all the right, title, and interest of the State of Arkansas to lands as have emerged or may emerge to the mean high-water mark of any such stream or lake.
(b)
All applicants for deeds under this section shall:
(1)
(A)
Submit a completed application to the Commissioner of State Lands.
(B)
The Commissioner of State Lands shall develop the application and provide an application form in electronic format available online;
(2)
(A)
Submit a survey of the land.
(B)
A survey of the land under subdivision (b)(2)(A) of this section shall:
(i)
Include field notes and plats;
(ii)
Be performed by a professional surveyor licensed by the State of Arkansas; and
(iii)
Be completed within the six-month period directly preceding the submission date of the application; and
(3)
(A)
Submit the affidavits of three (3) competent persons having full personal knowledge of the facts.
(B)
Each affidavit under subdivision (b)(3)(A) of this section shall include without limitation statements that the applied-for lands:
(i)
Have emerged to the high-water mark; and
(ii)
Are capable of cultivation.
(c)
Upon receipt and verification of all submissions under subsection (b) of this section, the Commissioner of State Lands may issue the deed.
(d)
The Commissioner of State Lands shall promulgate rules under the Arkansas Administrative Procedure Act, §
25-15-201
et seq., to carry out the duties of this section.
Amended by Act 2023, No. 159,§ 1, eff. 8/1/2023.
Acts 1945, No. 203, §§ 3, 4; A.S.A. 1947, §§ 10-206, 10-207.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 4 - TITLE TO LANDS (§§ 22-5-401 — 22-5-411) › Section 22-5-407 - Sixteenth section school lands

(a)
Any person claiming to be the owner of land in this state known as sixteenth section school land, whose claim is based on a regular, unbroken chain of title for a period of not less than twelve (12) years, and to whose claim there has not been an adverse claimant for a period of not less than twelve (12) years, and the owner and those from whom he or she derived title have been in actual possession and have paid taxes thereon for a period of not less than twelve (12) years, and who is in actual possession at the time application is made to the state for a deed thereto, shall have all title, legal and equitable, that the State of Arkansas may have or appear to have in any such lands vested in the owner or parties and their grantees.
(b)
The Commissioner of State Lands, upon proper proof being made to him or her, is directed to execute a deed conveying to the parties all the right, title, and interest that the state may have in the lands.
Acts 1905, No. 183, § 1, p. 472; 1911, No. 10, § 1; C. & M. Dig., §§ 9140, 9141; Acts 1921, No. 661, § 1; Pope's Dig., §§ 11768, 11769; Acts 1963, No. 525, § 1; 1971, No. 446, § 1; A.S.A. 1947, § 10-208.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 4 - TITLE TO LANDS (§§ 22-5-401 — 22-5-411) › Section 22-5-408 - State Bank lands

(a)
Where the claim of the State of Arkansas to any land conveyed to the Bank of the State of Arkansas under and by virtue of the Acts of the General Assembly of January 31, 1843, and February 3, 1843, providing for the liquidation of the assets of the bank, and the Acts of January 4, 1845, and January 10, 1845, authorizing the officers of the bank to compromise debts due the bank and to take property in payment of the debts, and the Act of December 23, 1846, vesting the title in the State of Arkansas to all property so conveyed to the bank, conflicts with the title of any person who, together with those under whom he or she claims and from whom he or she deraigns title either by deed, devise, or inheritance, has been in continuous possession and paying the taxes assessed against the land for more than forty (40) years prior to the passage of this section, the State of Arkansas relinquishes its title to the land in favor of the occupant and claimant thereof.
(b)
When the owner or occupant shall present to the Commissioner of State Lands satisfactory proof that he or she and those under whom he or she claims and from whom he or she deraigns title have been in continuous possession of the land for a period of forty (40) years or have continuously paid the taxes thereon for a period of forty (40) years under color of title, it is the duty of the Commissioner of State Lands to execute to the owner, occupant, or claimant a quitclaim deed conveying to him or her all the title and interest of the State of Arkansas in the land, upon payment of a fee of five dollars ($5.00).
Acts 1931, No. 245, §§ 1, 2; Pope's Dig., §§ 8623, 8624; A.S.A. 1947, §§ 10-209, 10-210.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 4 - TITLE TO LANDS (§§ 22-5-401 — 22-5-411) › Section 22-5-409 - Escheated corporation lands

Where land has escheated to the state under the provisions of § 1 of Act of January 11, 1843, p. 56, the title of the state may be conveyed to the present owner by a quitclaim deed executed by the Commissioner of State Lands upon the filing with him or her of an application for the deed, accompanied by the affidavit of some credible, disinterested person showing that the applicant is the owner of the lands and that the taxes thereon have been paid for the past seven (7) years.
Acts 1937, No. 47, § 1; Pope's Dig., § 8749; A.S.A. 1947, § 10-211.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 4 - TITLE TO LANDS (§§ 22-5-401 — 22-5-411) › Section 22-5-410 - Overdue tax lands and internal improvement lands

(a)
Where the claim of the State of Arkansas to any land sold to the state under decree of the Pulaski County Chancery Court and under decree of the circuit and chancery courts of the various counties of the state, known as overdue tax decrees, and under decrees of the Pulaski County Chancery Court wherein various tracts of internal improvement lands were decreed to be sold and were sold back to the state, conflicts with the claim of any citizen or resident of the State of Arkansas who has been in possession of the land, or who, together with those under whom he or she claims and from whom he or she deraigns title by deed or inheritance, shall have paid the regular amount of county and state taxes assessed against the land, the taxes having been assessed against the land at the same rate as other lands to which the state has and had no claim were assessed, for twenty (20) years continuously prior to the passage of this section, the State of Arkansas relinquishes its title to the land in favor of the occupant and claimant thereof.
(b)
When the owner or occupant shall present to the Commissioner of State Lands satisfactory proof that he or she and those under whom he or she claims and from whom he or she deraigns title have been in continuous and undisturbed possession of the land for a period of twenty (20) years, or shall have continuously paid taxes thereon for a period of twenty (20) years under color of title, it is the duty of the Commissioner of State Lands to execute to the owner, occupant, or claimant a deed quitclaiming all the title and interest of the state in the land on payment to the Commissioner of State Lands of a fee of five dollars ($5.00).
Acts 1921, No. 671, §§ 1, 2; Pope's Dig., §§ 1862, 1863, 8689, 8690; A.S.A. 1947, §§ 10-212, 10-213.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 4 - TITLE TO LANDS (§§ 22-5-401 — 22-5-411) › Section 22-5-411 - Filing of deeds to state property

(a)
A copy of the deed or other primary evidence of title to realty belonging to the State of Arkansas shall be filed in the office of the Commissioner of State Lands and shall be preserved by the Commissioner of State Lands as the other public records and files of his or her office.
(b)
The realty belonging to the State of Arkansas shall not, for the purposes of this section, include realty acquired by the State Highway Commission.
(c)
The officer charged with the administration of the affairs of each state office, department, agency, or institution having under its supervision and management realty owned by the State of Arkansas shall file with the Commissioner of State Lands a copy of the deed or other primary evidence of title to such property conveyed under fee simple title, and acquired by the state through gift or purchase or otherwise, within sixty (60) days after the acquisition and shall likewise notify the Commissioner of State Lands when any lands are disposed of.
(d)
The Commissioner of State Lands shall designate one (1) of his or her deputies to periodically call upon each state office, department, agency, and institution for the purpose of obtaining a copy of the deed or other primary evidence of title and for the purpose of determining whether the state office, department, agency, or institution has disposed of title to any state lands.
(e)
A statement by the administrative officer of any state office, department, agency, or institution to the effect that the office, department, agency, or institution does not supervise, control, or manage any realty owned by the state shall constitute sufficient compliance with this section.
(f)
In the event any office, department, agency, or institution does supervise, control, or manage realty belonging to the state for which no evidence of title can be found, the administrative officer in charge of the office, department, agency, or institution shall conduct an investigation to ascertain the facts pertaining to the acquisition of the realty by the state. A report of the investigation shall be made to the Commissioner of State Lands within sixty (60) days following the conclusion of the investigation.
(g)
In the event any state office, department, agency, or institution shall fail or refuse to comply with the provisions of this section, the Commissioner of State Lands shall report such failure or refusal to comply to the Governor, who shall notify the administrative officer of any such office, department, agency, or institution to immediately report to him or her the reasons for his or her failure or refusal to comply.
(h)
Willful failure or refusal to comply with this section by any officer shall constitute nonfeasance in office.
Acts 1975, No. 147, §§ 1-5; A.S.A. 1947, §§ 10-215 -- 10-219.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 5 - ACQUISITION OF FORESTLAND (§§ 22-5-501 — 22-5-510) › Section 22-5-501 - Authority to acquire

(a)
The Arkansas Forestry Commission is authorized and empowered to acquire and hold in the name of the State of Arkansas title to lands which the commission determines, because of location, topographical, geological, and physical characteristics, are chiefly valuable for the production of forest crops, watershed protection, erosion and flood control, forestation, reforestation, and recreation.
(b)
Lands, when so acquired, shall be appropriately named, designated, administered, protected, and developed as state forests.
Acts 1947, No. 409, § 1; 1963, No. 249, § 1; A.S.A. 1947, § 9-721.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 5 - ACQUISITION OF FORESTLAND (§§ 22-5-501 — 22-5-510) › Section 22-5-502 - Methods of acquisition

(a)
Lands may be acquired by gift, devise, purchase, or exchange from any county, municipality, state or federal agency or department, person, firm, corporation, or association.
(b)
The Arkansas Forestry Commission shall not purchase or acquire any lands until the purchase price is available and the title and conveyance thereto, except as to tax titles, are examined and approved by the Attorney General as conveying good and merchantable title.
Acts 1947, No. 409, § 2; A.S.A. 1947, § 9-722.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 5 - ACQUISITION OF FORESTLAND (§§ 22-5-501 — 22-5-510) › Section 22-5-503 - Exchange of lands

The Arkansas Forestry Commission may exchange tracts of land acquired under the provisions of this subchapter for suitable land of equal value in furtherance of the administration and consolidation of these holdings and may sell and convey, upon terms requiring proper conservation practices, parts of tracts acquired under this subchapter suitable for cultivation.
Acts 1947, No. 409, § 3; A.S.A. 1947, § 9-723.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 5 - ACQUISITION OF FORESTLAND (§§ 22-5-501 — 22-5-510) › Section 22-5-504 - Tax-forfeited lands - Distribution

(a)
Any lands acquired by the Commissioner of State Lands in any county through tax sale, which are deemed by the Arkansas Forestry Commission to be suitable for forest purposes, may be conveyed to the state as forestlands by the proper officers of the county without reimbursement therefor.
(b)
Upon the acquisition of any lands in the furtherance of this subchapter, a survey of the tax returns to the county from each tract of land for the previous ten (10) consecutive years shall be made to determine the average annual tax income to the county and the political subdivisions therein from each tract involved. In making this study, taxes rendered upon improvement value shall not be included.
(c)
(1)
The Arkansas Forestry Commission shall cause a record to be opened and kept showing, by counties, all lands in the State of Arkansas administered and managed by the commission as state forests and shall, annually on July 1, cause to be remitted to each county an amount equal to the average annual tax as determined in subsection (b) of this section. This amount is to be distributed as provided in subdivision (c)(2) of this section.
(2)
The income received by each county shall be distributed as follows:
(A)
Fifty percent (50%) to the county general fund; and
(B)
Fifty percent (50%) to the county school fund to be distributed by the county treasurer, within thirty (30) days from the date of receipt thereof, to the respective school districts of the county in the proportion that the area of state forestlands located in each school district bears to the total area of state forestlands within the county.
Acts 1947, No. 409, § 4; 1959, No. 174, § 1; 1961, No. 412, § 1; 1981, No. 666, § 1; A.S.A. 1947, § 9-724.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 5 - ACQUISITION OF FORESTLAND (§§ 22-5-501 — 22-5-510) › Section 22-5-505 - Quieting title to acquired lands

Upon the written request of the Arkansas Forestry Commission, the Attorney General shall institute and prosecute to final decree all requisite suits to quiet the title of the state in and to lands acquired; and, in the prosecution of the suits, the state shall be exempted from the payment of costs.
Acts 1947, No. 409, § 5; A.S.A. 1947, § 9-725.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 5 - ACQUISITION OF FORESTLAND (§§ 22-5-501 — 22-5-510) › Section 22-5-506 - Funding

(a)
The purchase price of lands acquired shall be paid at the time of acquisition from the State Forestry Fund, and the acquisition shall not impose any liability upon the general credit or taxing power of the state.
(b)
All lands acquired under the provisions of this subchapter shall become the property of the state.
(c)
The Arkansas Forestry Commission is authorized, empowered, and directed to make requisite expenditures from the fund in executing the provisions of this subchapter and in protecting, developing, and administering the lands in the production, conservation, and marketing of forest products and in the forestation and reforestation of the lands.
Acts 1947, No. 409, §§ 6, 7; A.S.A. 1947, §§ 9-726, 9-727.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 5 - ACQUISITION OF FORESTLAND (§§ 22-5-501 — 22-5-510) › Section 22-5-507 - Cooperation with United States

(a)
The Arkansas Forestry Commission is authorized and directed to fully cooperate with the departments, officers, and agencies of the United States Government to meet the requirements of the rules, regulations, and acts of the United States Congress relating to the objectives of this subchapter and to accept all funds and lands that may be available for the furthering of the provisions of this subchapter.
(b)
The commission is empowered to enter into such contracts and agreements with federal departments, officers, and agencies, not contrary to the laws of this state, as may be deemed necessary or convenient to the objectives of this subchapter.
(c)
The commission is further empowered to pay to the United States Government the amount of money specified in the agreements and contracts, including any payments of interest required by the contracts or agreements.
(d)
All payments, whether for interest or otherwise, shall be made from the State Forestry Fund and shall not impose any liability upon the general credit or taxing power of the state.
Acts 1947, No. 409, § 8; 1970 (Ex. Sess.), No. 101, § 1; A.S.A. 1947, § 9-728.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 5 - ACQUISITION OF FORESTLAND (§§ 22-5-501 — 22-5-510) › Section 22-5-508 - Management of forests

(a)
It shall be the duty of the State Forester, in accordance with the provisions of this subchapter, the rules promulgated by the Arkansas Forestry Commission, and approved methods of forestry, to manage, control, protect, develop, utilize, and handle the lands in the state forests in such a manner as to best serve the greatest permanent advantage to the people of this state.
(b)
Where lands in the state forests are suited for demonstration and education purposes, the commission shall promulgate plans and procedures by which agricultural youth organizations may take an active part in assisting in carrying out the development, control, utilization, and experimentation provided for by this subchapter.
(c)
In the same manner as state school lands, forestlands may be leased by the commission for grazing, for the production of oil, gas, and other mineral or substances, and for other uses where the commission finds leasing and use will not militate against the purposes of this subchapter.
Amended by Act 2019, No. 315,§ 2366, eff. 7/24/2019.
Acts 1947, No. 409, §§ 9, 10; 1949, No. 337, § 1; 1963, No. 249, § 2; A.S.A. 1947, §§ 9-729, 9-730.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 5 - ACQUISITION OF FORESTLAND (§§ 22-5-501 — 22-5-510) › Section 22-5-509 - Rules

The Arkansas Forestry Commission is authorized and directed to approve, promulgate, and publish rules, and amendments or modifications thereof, reasonably required in directing and controlling the proper execution of the duties and attaining the objectives of this subchapter. These rules shall have the force and effect of law.
Amended by Act 2019, No. 315,§ 2367, eff. 7/24/2019.
Acts 1947, No. 409, § 12; A.S.A. 1947, § 9-732.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 5 - ACQUISITION OF FORESTLAND (§§ 22-5-501 — 22-5-510) › Section 22-5-510 - Records and reports

The Arkansas Forestry Commission shall cause a record of all its proceedings relating to state forests, including the date of acquisition, description, source of title, purchase price, amounts expended in the development of each tract, and the forest to which allotted, to be kept in the office of the Department of Agriculture.
Amended by Act 2019, No. 910,§ 119, eff. 7/1/2019.
Acts 1947, No. 409, § 13; A.S.A. 1947, § 9-733.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 6 - TRESPASS (§§ 22-5-601 — 22-5-606) › Section 22-5-601 - Investigators

(a)
For the purpose of protecting the timber and lands of the state against trespass and to obtain reliable information upon which to predicate the proceedings provided for in this subchapter, the Attorney General shall have the authority to employ agents to make the necessary investigations and reports.
(b)
The agents shall report to the Attorney General all cases wherein they discover any trespassing on the lands of the state and shall also investigate reports made by others as to such trespass.
(c)
Different persons may, in the discretion of the Attorney General, be employed to make investigations, although not more than one (1) person shall be under employment at any given time.
(d)
An agent shall receive for his or her compensation an amount not exceeding ten dollars ($10.00) per day while actually engaged in service pursuant to this section to the exclusion of all other business, may be reimbursed for necessary expenses while so engaged, and shall file with the Attorney General an itemized verified statement of his or her expenses.
Acts 1931, No. 125, §§ 4, 5; Pope's Dig., §§ 8729, 8730; A.S.A. 1947, §§ 10-311, 10-312.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 6 - TRESPASS (§§ 22-5-601 — 22-5-606) › Section 22-5-602 - Suit to recover value of cut timber and to restrain trespass

Whenever the Attorney General shall receive or obtain information that anyone is cutting timber upon state lands, it shall be the duty of the Attorney General to institute suit to recover the value of the timber that has been cut and to restrain further trespass upon the land.
Acts 1931, No. 125, § 1; Pope's Dig., § 8726; A.S.A. 1947, § 10-306.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 6 - TRESPASS (§§ 22-5-601 — 22-5-606) › Section 22-5-603 - Suit for ejectment and recovery of rental value

Whenever the Attorney General shall have information that anyone is in possession of land that has been forfeited to the state and the period of redemption has expired, he or she shall institute suit to eject the person from the land and to recover the rental value of the land during the time it was occupied after the period of redemption had expired.
Acts 1931, No. 125, § 2; Pope's Dig., § 8727; A.S.A. 1947, § 10-307.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 6 - TRESPASS (§§ 22-5-601 — 22-5-606) › Section 22-5-604 - Suit for cancellation of donation certificate

(a)
Whenever the Attorney General shall receive information that any donee of state land has violated or failed to comply with any of the laws relating to the donation of state lands, the Attorney General shall file a complaint with the Commissioner of State Lands praying for the cancellation of the donation certificate.
(b)
The complaint shall set forth the reason for the cancellation of the certificate, and a copy of the complaint shall be served on the donee ten (10) days before the matter is heard by the Commissioner of State Lands.
(c)
The state and the donee may present affidavits as proof.
(d)
If the decision of the Commissioner of State Lands shall be adverse to the donee, the donee shall have the right to appeal to the Pulaski County Circuit Court from the decision.
Acts 1931, No. 125, § 3; Pope's Dig., § 8728; A.S.A. 1947, § 10-310.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 5 - STATE LANDS GENERALLY (§§ 22-5-101 — 22-5-818) › Subchapter 6 - TRESPASS (§§ 22-5-601 — 22-5-606) › Section 22-5-605 - Suit involving state title - Cutting or removing timber pending final determination

(a)
In all suits pending in any courts of this state where the state is a party of record claiming title to, or any interest in, any real estate, the title to which is in controversy in the suit, neither the party claiming adversely to the state in the suit nor any other person, firm, or corporation, whether a party to the record in the cause or not, shall, pending a final determination of the litigation, cut or remove from the lands any trees, logs, or timber thereon, except as provided in this section.
(b)
The court in which the cause of action is pending or the judge of the court in vacation may permit a party to the record in the cause, who is claiming in the cause of actions an interest adverse to the state in the lands and the trees, logs, or timber growing or being thereon, to cut or remove the trees, logs, or timber upon condition that the party shall file in the court, and in the cause, a petition praying such permission and containing a correct description of the particular lands on which the trees, logs, or timber desired to be cut or removed are situated, a correct estimate, by forty-acre tracts, of the trees, logs, or timber and the value of the trees, logs, or timber.
(c)
The petition shall be duly verified.
(d)
Upon reasonable notice to the adverse party, the petition, the allegations of which may be controverted, may be taken up by the court or judge in vacation and, if granted, shall be upon condition that the petitioners shall enter into a good and sufficient bond to the State of Arkansas. The bonds must be approved by the clerk of the court, in an amount not less than the reasonable cash market value of the trees or logs desired to be cut and removed, obligating the petitioner and his or her sureties to pay to the State of Arkansas all damages it may sustain by the granting of the petition, should it be finally determined in the cause that the state is the owner of the timber cut, of the logs cut and removed, or of any interest therein.
(e)
It shall be unlawful for any person, firm, or corporation who has not complied with the provisions of this section to cut any growing timber situated on the lands referred to in the cause of action or to remove from the lands any logs or trees lying or being thereon.
(f)
If it is deemed necessary to protect against such trespass and hold intact the rights of the state, pending a final hearing and determination of the cause, the court or the judge in vacation may, at the instance of the state and without bond, grant an injunction or restraining order prohibiting trespass until the cause is finally determined.
Acts 1919, No. 424, §§ 1, 2; C. & M. Dig., §§ 6787, 6788; Pope's Dig., §§ 8724, 8725; A.S.A. 1947, §§ 10-313, 10-314.