reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 2 - LEASES GENERALLY (§§ 15-73-201 — 15-73-208) › Section 15-73-205 - Failure to pay rental installment - Endorsement of forfeiture

(a)
If any installment of rental due under a lease is not paid when due according to the terms of the original lease, thus causing a forfeiture and termination of the lease, the then-owner of the fee in the lands affected may endorse on the margin of the record of the original lease a statement to the effect that the rental has not been so paid and that the lease therefore is forfeited, which endorsement shall be signed by the landowner and dated and attested by the recorder, and shall be notice binding upon all subsequent purchasers or holders under the original lease, and shall be prima facie evidence of the termination and forfeiture of the lease.
(b)
(1)
Provided, if any person shall wrongfully or falsely make the endorsement, or cause the endorsement to be made, he or she shall be liable for double damages to any person injured or damaged thereby.
(2)
Provided further, this section shall not relieve the owner of the lease from the duty of clearing the record as provided by §
15-73-203
.
Acts 1923, No. 170, § 3; Pope's Dig., § 10507; A.S.A. 1947, § 53-314.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 2 - LEASES GENERALLY (§§ 15-73-201 — 15-73-208) › Section 15-73-207 - Prudent operator standard

(a)
A mineral lessee under an oil and gas lease does not owe a fiduciary duty or a fiduciary obligation to the mineral lessor.
(b)
The mineral lessee shall:
(1)
Perform the covenants of the lease in good faith; and
(2)
Develop and operate the leased mineral estate as a prudent operator for the mutual benefit of the mineral lessor and mineral lessee.
Acts 2009, No. 719, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 2 - LEASES GENERALLY (§§ 15-73-201 — 15-73-208) › Section 15-73-208 - Transfer of mineral lease - Notice

(a)
A person holding a mineral lease shall notify the owner of the mineral rights upon which the lease has been given upon the first transfer of the mineral lease to another person if the transfer occurs within twenty-four (24) months after the execution of the lease.
(b)
The written notice shall include:
(1)
The name of the buyer of the mineral lease;
(2)
The address of the buyer of the mineral lease; and
(3)
Information on how to contact the buyer of the mineral lease.
(c)
The written notice shall be sent through the United States Postal Service by first class mail.
(d)
This section shall apply to a mineral lease entered into after August 1, 2009.
Acts 2009, No. 1183, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 3 - LEASES BY LIFE TENANTS (§§ 15-73-301 — 15-73-309) › Section 15-73-301 - Leases by persons invested with life estate

Whenever any land in this state may hereafter be, or shall have heretofore been, devised by will or conveyed by grant to any person by any language which at common law would have vested in that person an estate in fee tail, then the person who at common law would have been invested with a fee tail estate in the lands and who under the provisions of §
18-12-301
is or shall be invested with a life estate therein is authorized and empowered to execute oil and gas leases on the land, in the manner set out in this subchapter.
Acts 1929, No. 76, § 1; Pope's Dig., § 1800; A.S.A. 1947, § 53-302.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 3 - LEASES BY LIFE TENANTS (§§ 15-73-301 — 15-73-309) › Section 15-73-302 - Petition to lease by life tenant - Contents

Whenever any life tenant shall desire to lease any land for the production of oil and gas, he or she shall file a verified petition with the circuit court of the county in which the lands or the greater part thereof may be situated, praying for authority to execute the lease. The person shall make as parties respondent to the petition all persons then in being who under the terms of the will or grant would become invested with title to the lands or any interest therein should the death of the life tenant occur on the date of the filing of the petition. The petition shall set out:
(1)
The description of the land;
(2)
From whom he or she acquired his or her title, with an attached, certified copy of the will or deed under which he or she claims;
(3)
The name of the proposed lessee, the true consideration for the lease, and a general statement as to the provisions of the proposed lease; and
(4)
A prayer for authority to execute the lease, and for the court to award the life tenant with title absolute in such proportion of the oil, gas, and other minerals, in, on, and under the lands, not exceeding a one-sixteenth (1/16) interest, together with the proportion of the consideration and delay rentals, as the court shall determine is fair compensation to the life tenant as damages to the life estate by the use of the surface of the lands in the exploration for and the development of oil and gas therefrom, and the petition shall further pray for the appointment of a trustee to receive and hold the moneys, rents, and royalties as shall accrue to the contingent remainder estate under the lease.
Acts 1929, No. 76, § 2; Pope's Dig., § 1801; A.S.A. 1947, § 53-303.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 3 - LEASES BY LIFE TENANTS (§§ 15-73-301 — 15-73-309) › Section 15-73-303 - Hearing on lease execution

(a)
The circuit court shall consider the petition, and may, in its absolute discretion, require that other persons as it deems proper be made parties to the proceeding.
(b)
All proceedings under the provisions of this subchapter shall begin at any time the court shall be in session twenty (20) days after service of summons on the respondents.
(c)
The court may hear oral testimony to determine whether or not the execution of the lease is advisable.
(d)
It shall also determine what part of the consideration therefor, the rentals accruing thereunder, and what proportion of the oil, gas, and minerals should be allowed to the life tenant in fee simple as compensation for the damage to his or her life estate on account of the execution of the lease.
Acts 1929, No. 76, §§ 3, 9; Pope's Dig., §§ 1802, 1808; A.S.A. 1947, §§ 53-304, 53-305.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 3 - LEASES BY LIFE TENANTS (§§ 15-73-301 — 15-73-309) › Section 15-73-304 - Court determinations, orders, and appointments

If the circuit court after the hearing shall determine that the lease should be executed, it shall enter an order authorizing the life tenant to execute the lease. The court shall:
(1)
Determine the extent to which the estate of the life tenant may be damaged or impaired by the development and operations of the property for oil and gas, and the court may allow the life tenant as compensation all or any part of the consideration paid for the lease, and all or any part of the rentals which may accrue on account of delay in beginning operations, and the proportion of the oil, gas, and minerals in, on, and under the lands, not to exceed an undivided one-sixteenth (1/16) interest therein. The order of the court, upon the approval and confirmation of the lease as provided in §
15-73-305
, shall vest in such life tenant title absolute in fee simple in and to the proportionate part of the consideration, delay rentals, and mineral interest so awarded to him or her by the court, which interest shall be free and clear of any limitations, conditions, or restrictions imposed by the will or deed by which he or she acquired title, and free and clear of any present or future claim of any person or persons asserting or attempting to assert a reversional or a remainder interest therein on account of the deed or will;
(2)
Appoint some suitable person as trustee for the benefit of the contingent remaindermen and reversioners, and require that the trustee shall execute bond in a sum as the court may deem proper;
(3)
Direct and authorize the life tenant, after the filing of the bond by the trustee, to execute to the lessee an oil and gas lease covering the lands, which lease shall reserve as royalty not less than one-eighth (1/8) of the oil and gas which may be produced, saved, and marketed from the lands. Of the royalty so reserved, the life tenant shall receive the proportion as the mineral interest allowed to him or her by the court as damages bears to the amount of royalty reserved under the lease, i.e. if the court allows the life tenant a one-sixteenth (1/16) interest and the lease reserves one-eighth (1/8) as royalty, the life tenant would be entitled to receive one-half (1/2) of the royalty; and
(4)
Make such further orders in the premises as may seem equitable and just.
Acts 1929, No. 76, § 4; Pope's Dig., § 1803; A.S.A. 1947, § 53-306.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 3 - LEASES BY LIFE TENANTS (§§ 15-73-301 — 15-73-309) › Section 15-73-305 - Court approval of lease and confirmation of sale

(a)
After the trustee shall have executed the bond required by the circuit court, the life tenant shall execute and present to the court for its examination the oil and gas lease so authorized, which lease shall show what part of the consideration, rents, and royalties shall be paid to the life tenant and what part to the trustee.
(b)
If the court shall find the lease conforms to its previous orders, and shall be further satisfied that the consideration therefor has been paid to the trustee and the life tenant in conformity with the previous order of the court, it shall approve the lease and confirm the sale thereof, whereupon the lessee shall become vested with the leasehold interest in and to the oil, gas, and other minerals in, on, and under the lands, free and clear of any limitations, restrictions, or conditions imposed upon the lands in the grant or will under which the life tenant acquired title to the lands, and free and clear of any present or future claim of any person or persons asserting or attempting to assert a reversional or remainder interest therein on account of the deed or will, and subject only to the conditions imposed by the lease.
Acts 1929, No. 76, § 5; Pope's Dig., § 1804; A.S.A. 1947, § 53-307.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 3 - LEASES BY LIFE TENANTS (§§ 15-73-301 — 15-73-309) › Section 15-73-306 - Trustee

(a)
The trustee shall be under the continuing control of the circuit court.
(b)
The court may remove the trustee at will, and on the death, removal from the county, or resignation of the trustee, the court may appoint his or her successor.
(c)
The trustee, by and with the consent and approval of the court, may invest the funds coming into his or her hands in such securities as guardians are authorized to invest the moneys of their wards.
(d)
The trustee shall be allowed as compensation for his or her services such sum as the court may fix, not exceeding five percent (5%) of moneys collected by him or her.
(e)
The court may at any time require the trustee to execute an additional bond.
(f)
The trustee shall faithfully account for all moneys coming into his or her hands and upon the death of the life tenant shall pay over to the person or persons then entitled thereto all of the moneys so accrued upon order of the chancery court.
Acts 1929, No. 76, § 7; Pope's Dig., § 1806; A.S.A. 1947, § 53-309.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 3 - LEASES BY LIFE TENANTS (§§ 15-73-301 — 15-73-309) › Section 15-73-307 - Divestiture of contingent remaindermen's title

The order of the court fixing the proportionate part of the minerals allowed to the life tenant as compensation for damages, and the order confirming the execution of the lease, shall operate to:
(1)
Work a divestiture of title of the contingent remaindermen, and each of them, in and to the proportionate part of the minerals allowed to the life tenant, absolutely, and in and to the leasehold estate insofar as the interest is conveyed by the lease; and
(2)
Free the respective interests of any limitations, restrictions, or conditions imposed by the original will or deed.
Acts 1929, No. 76, § 6; Pope's Dig., § 1805; A.S.A. 1947, § 53-308.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 3 - LEASES BY LIFE TENANTS (§§ 15-73-301 — 15-73-309) › Section 15-73-308 - Expiration, forfeiture, or cancellation of lease - New lease

If any lease executed under the provisions of this subchapter shall forfeit, expire, become cancelled, or be rescinded before the death of the life tenant, the life tenant may execute a new lease in the manner provided by this subchapter, but in that case the court shall not allow him or her any further proportion of the minerals, but may allow him or her all or any part of the consideration and the rentals as may seem to the court to be equitable and just.
Acts 1929, No. 76, § 8; Pope's Dig., § 1807; A.S.A. 1947, § 53-310.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 3 - LEASES BY LIFE TENANTS (§§ 15-73-301 — 15-73-309) › Section 15-73-309 - Binding conveyances by reversioner or remaindermen to life tenant or his or her lessee

Whenever a life estate in lands has been in existence for thirty (30) years and oil has been produced from such lands for twenty (20) years under an oil and gas lease or leases executed by a life tenant, to whom the creator of the life estate had subsequently conveyed or attempted to convey his or her remaining interest in the land, and where all of the contingent remaindermen in esse at the time of the initial production of such oil have attempted to convey their interests by warranty deeds to the life tenant, or have executed and delivered, either in person or by guardian, an oil and gas lease or leases covering the lands to the life tenant's lessee, then, and in that event, all warranty deeds and all oil and gas leases shall be binding upon all contingent remaindermen who executed the warranty deed or deeds, or who executed the oil and gas lease or leases, whether in person or by guardian, upon their heirs and assigns, and upon all persons who heretofore have become or hereafter might become contingent remaindermen, to the same extent and with like effect as though the remainders had been vested at the time of the execution of the warranty deed or deeds and the oil and gas lease or leases. Where all of the contingent remaindermen in esse at the time of the initial production of oil shall have heretofore or hereafter conveyed or attempted to convey their interest in the land to the life tenant, then, and in that event, the fee title to the land shall be deemed vested in the life tenant free from any and all contingent remainders.
Acts 1945, No. 155, § 1; A.S.A. 1947, § 53-311.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 4 - PARTITION OF OIL AND GAS LEASE INTERESTS (§§ 15-73-401 — 15-73-409) › Section 15-73-401 - Partition when entire leasehold is unleased and nonproducing

Whenever any land in fee, the oil and gas in, on, and under such lands, situated in the State of Arkansas, shall be owned by two (2) or more persons, firms, or corporations in joint tenancy, in common or in coparcenary, and there shall be no actual production therefrom of oil and gas, and no outstanding oil and gas lease thereon covering the entire leasehold estate, any one (1) or more of the owners of the land in fee, and of the oil and gas interest on and in such land, may have a sale and partition of the entire oil and gas leasehold interest therein and thereon, in the manner hereinafter provided.
Acts 1935, No. 15, § 1; Pope's Dig., § 10549; A.S.A. 1947, § 53-401.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 4 - PARTITION OF OIL AND GAS LEASE INTERESTS (§§ 15-73-401 — 15-73-409) › Section 15-73-402 - Petition for partition and sale - Parties

Any such owner, or owners, desiring a sale and partition of the oil and gas leasehold interests shall file, in the circuit court of the county in which the lands or the greater part thereof lie, a written petition describing the lands in and under which the oil and gas interests lie, and shall make as parties defendant all owners of the various interests in the oil and gas lease rights on and in the lands, and the amount of interest held by each, with a prayer that the whole of the oil and gas lease rights be sold, and that the money derived from the sale be divided among the owners in proportion as their interest shall bear to the whole.
Acts 1935, No. 15, § 2; Pope's Dig., § 10550; A.S.A. 1947, § 53-402.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 4 - PARTITION OF OIL AND GAS LEASE INTERESTS (§§ 15-73-401 — 15-73-409) › Section 15-73-403 - Service of summons

Summons shall be issued and served as in other cases in circuit court and if any defendant shall be a nonresident of the state, or his or her whereabouts unknown to the plaintiff, such person may be constructively summoned, as provided by Rule 4 of the Arkansas Rules of Civil Procedure.
Amended by Act 2013, No. 1148,§ 5, eff. 8/16/2013.
Acts 1935, No. 15, § 3; Pope's Dig., § 10551; A.S.A. 1947, § 53-403.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 4 - PARTITION OF OIL AND GAS LEASE INTERESTS (§§ 15-73-401 — 15-73-409) › Section 15-73-404 - Intervention

Any person having or claiming an interest in the land in fee, or in any oil and gas leasehold rights, not made a party in the petition may appear and intervene in the cause.
Acts 1935, No. 15, § 4; Pope's Dig., § 10552; A.S.A. 1947, § 53-404.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 4 - PARTITION OF OIL AND GAS LEASE INTERESTS (§§ 15-73-401 — 15-73-409) › Section 15-73-405 - Guardians

(a)
The statutory guardian of an infant or a person of unsound mind may unite in the petition in conjunction with his or her ward.
(b)
The infant, or person of unsound mind, may be made party defendant, in which case his or her guardian may appear and defend for him or her.
(c)
If the guardian does not appear and defend, the circuit court shall appoint some discreet person for that purpose.
Acts 1935, No. 15, § 5; Pope's Dig., § 10553; A.S.A. 1947, § 53-405.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 4 - PARTITION OF OIL AND GAS LEASE INTERESTS (§§ 15-73-401 — 15-73-409) › Section 15-73-406 - Lease by receiver prior to sale and partition

(a)
If, at any time, after the filing of the petition and before a sale of the property, it should be made to appear to the circuit court that the interests of the various owners could be more fully protected and the value of the various interests of the parties increased by the execution of an oil and gas lease providing for the prospecting and drilling for oil and gas upon the property involved in the suit, or upon property near thereto, the court may appoint a receiver who shall be authorized to enter into negotiations for the leasing of the property for the drilling and operating for oil and gas, and if the receiver finds that the property can be leased upon the terms as, in his or her opinion, are beneficial to the various owners, he or she shall file a petition with the court setting out the results of his or her investigation and shall pray for authority to execute the lease.
(b)
If the lease shall provide for the payment of royalty of not less than one-eighth (1/8) of the production and shall otherwise appear to the court to be to the best interest of all the parties to the suit, the court shall order and direct the receiver to execute the lease upon terms the court deems just and proper, and the person taking the lease shall be vested with the leasehold rights therein conveyed as fully and with like effect as if the lease had been executed by all of the owners of the oil and gas rights, and their spouses.
(c)
Leases executed by the receiver under the authority of the court, as provided in this section, shall not terminate with the termination of the suit for partition nor with the sale and confirmation of the oil and gas rights, but the leases shall continue in full force and effect according to their own terms and conditions as fully and with like effect as if they had been executed by the various owners and their spouses, and any person thereafter purchasing the oil and gas rights, or any interest therein, either from the owners or from the commissioner of the court selling the rights under the decree of sale and partition, shall take the rights subject to the oil and gas lease so executed by the receiver.
Acts 1935, No. 15, § 6; Pope's Dig., § 10554; Acts 1981, No. 714, § 8; A.S.A. 1947, § 53-406.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 4 - PARTITION OF OIL AND GAS LEASE INTERESTS (§§ 15-73-401 — 15-73-409) › Section 15-73-407 - Procedure - Evidence authorizing lease

Insofar as §
18-60-401
et seq., relating to the partition of land, is not in conflict with this subchapter, those sections shall apply to the partition of interests in oil and gas leasehold rights on, in, and under lands. However, it shall not be necessary for the circuit court to find that the interests are not susceptible to partition in kind before it shall order the execution of any such oil and gas lease, but it shall be sufficient to justify the execution of the oil and gas lease on and covering the land that the evidence shows:
(1)
That it is desirable for the property to be developed as a unit for oil and gas; and
(2)
That the value of the interest owned by each of the parties would be more if the property were developed and operated as a unit than if divided.
Acts 1935, No. 15, § 7; Pope's Dig., § 10555; A.S.A. 1947, § 53-407.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 4 - PARTITION OF OIL AND GAS LEASE INTERESTS (§§ 15-73-401 — 15-73-409) › Section 15-73-408 - Necessary parties - Effect of sale or lease

All spouses of the various owners of interests in oil and gas rights shall be necessary parties to the suit in partition, and the sale of the property by the commissioner under the decree, or the leasing of the property by the receiver as provided in this subchapter, shall effectively cut off all right of dower, curtesy, and homestead of spouses in and to the property rights and interests therein conveyed, leased, or let.
Acts 1935, No. 15, § 8; Pope's Dig., § 10556; Acts 1981, No. 714, § 9; A.S.A. 1947, § 53-408.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 73 - OIL AND GAS LEASES AND LEASE INTERESTS (§§ 15-73-201 — 15-73-409) › Subchapter 4 - PARTITION OF OIL AND GAS LEASE INTERESTS (§§ 15-73-401 — 15-73-409) › Section 15-73-409 - Retrial on motion of defendant constructively summoned

Where a decree has been rendered under the provisions of this subchapter against a defendant or defendants, constructively summoned and who did not appear, the defendants or any one (1) or more of them may, at any time within six (6) months, and not thereafter, after the rendition of the decree, appear in open court and move to have the action retried, and security for costs being given, the defendant or defendants, shall be permitted to make defense, and thereupon the action shall be tried anew as to the defendant or defendants as if there had been no decree, and upon the new trial the court may confirm, modify, or set aside the former decree and may order the plaintiff in the action to restore to the defendant or defendants any money of that defendant or defendants paid to him or her under the decree or any property of the defendants obtained by the plaintiff under the decree and yet remaining in his or her possession. However, no order made in a cause authorizing a receiver to execute an oil and gas lease shall be set aside, or the lease cancelled where the motion or petition to set aside the order or lease is filed more than thirty (30) days after the order was made, nor in any event where development has been begun or completed by the lessee under the terms of any such lease.
Acts 1935, No. 15, § 9; Pope's Dig., § 10557; A.S.A. 1947, § 53-409.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 74 - MEASUREMENT, INSPECTION, AND SALE OF OIL AND GAS (§§ 15-74-101 — 15-74-709) › Subchapter 1 - GENERAL PROVISIONS (§ 15-74-101) › Section 15-74-101 - Information required in division order or declaration of interest in gas

(a)
All division orders or any declaration of interest in gas between the purchaser of gas production and the owner of the production in Arkansas or between the purchasers of gas production or the owner of the production and the royalty interest owners in Arkansas shall contain the following information on the first page:
(1)
The name and address of the owner of royalties;
(2)
A space for the owner's social security number or tax identification number and the other information needed to meet the requirements of the Internal Revenue Service or other governmental agencies and a space for the owner's signature;
(3)
The acreage under which the royalty owner has an interest and the fractional or decimal interest owned by the royalty owner in the pool;
(4)
The total amount of the net mineral acres in the area subject to the division order; and
(5)
The effective date of the division order.
(b)
The terms of this section shall not be applicable to any producing unit or well that produces liquid hydrocarbons only, or liquid hydrocarbons associated with the production of gas, or gas produced associated with the production of liquid hydrocarbons.
Acts 1987, No. 605, §§ 1, 2.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 74 - MEASUREMENT, INSPECTION, AND SALE OF OIL AND GAS (§§ 15-74-101 — 15-74-709) › Subchapter 2 - MEASUREMENT GENERALLY (§§ 15-74-201 — 15-74-203) › Section 15-74-201 - Accurate measurement of crude petroleum oil

(a)
All crude petroleum oil produced in this state shall be measured in gauge-tanks. The pipelines through which the crude petroleum oil is conveyed from oil wells to the gauge-tanks shall be placed on the surface of the ground and no bypasses shall extend from the pipelines between the oil wells and gauge-tanks. However, this section shall not apply to oil wells in operation prior to the date of the passage of this act.
(b)
The Oil and Gas Commission shall have supervision and control of the measurement of crude petroleum oil produced in this state as set forth in subsection (a) of this section. The commission shall make a daily record of the measurement of the crude petroleum oil, and it is authorized and empowered to make reasonable and necessary rules for the enforcement of the purposes of this section.
Amended by Act 2019, No. 315,§ 1262, eff. 7/24/2019.
Acts 1939, No. 205, §§ 1, 2; A.S.A. 1947, §§ 53-501, 53-502.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 74 - MEASUREMENT, INSPECTION, AND SALE OF OIL AND GAS (§§ 15-74-101 — 15-74-709) › Subchapter 2 - MEASUREMENT GENERALLY (§§ 15-74-201 — 15-74-203) › Section 15-74-202 - Prohibition on removing oil or gas from lease without measurement and recording

(a)
It shall be unlawful for any person, firm, corporation, or association, being the owner or operator of any oil or gas well in this state, to take or remove any oil or oil-bearing gas from any lease, unless the oil or gas so taken and removed from the lease is to be gauged or measured and a correct record of the amount of oil or oil-bearing gas so taken or removed from the lease be kept. Provided, this bill shall not be construed to include oil-bearing gas produced from so-called "stripper" wells, the gas from which is not marketable.
(b)
If any person, firm, corporation, or association operating or producing any oil or gas from any well of this state shall violate the terms of subsection (a) of this section, then his or her or its ownership in the lease under which the well is being operated shall be voidable and subject to cancellation upon suit or suits instigated by the owner or owners of the royalty and mineral interests of the leased premises upon which the violation occurs.
(c)
In the event the mineral interests under the leased premises are owned by several different persons, firms, corporations, or associations, then the leasehold interest on the premises on which the violation occurs shall be declared separable, and the interest in the leasehold as owned by the person, firm, corporation, or association violating the terms of this section shall be cancelled.
Acts 1943, No. 261, §§ 1-3; A.S.A. 1947, §§ 53-503 -- 53-505.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 74 - MEASUREMENT, INSPECTION, AND SALE OF OIL AND GAS (§§ 15-74-101 — 15-74-709) › Subchapter 2 - MEASUREMENT GENERALLY (§§ 15-74-201 — 15-74-203) › Section 15-74-203 - Prohibition on discounting crude for waste, shrinkage, etc. - Proper computation of purchase

(a)
It shall be unlawful for any person, firm, or corporation who may purchase any oil produced in this state to in any way discount, dock, or short crude oil for waste, shrinking, or other causes, but such purchases when computed shall be on one hundred percent (100%) net oil measured on one hundred percent (100%) tank-tables and corrected to sixty degrees Fahrenheit (60° F). All production, runs to storage, and deliveries are to be based on one hundred percent (100%) tank-tables, with proper adjustments for temperature, B. S., and water.
(b)
Any person, firm, or corporation found guilty of violating the provisions of this section shall be adjudged guilty of a misdemeanor and shall be fined in any sum not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000).
Acts 1941, No. 397, §§ 1, 2; A.S.A. 1947, §§ 53-506, 53-507.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 74 - MEASUREMENT, INSPECTION, AND SALE OF OIL AND GAS (§§ 15-74-101 — 15-74-709) › Subchapter 3 - STANDARD GAS MEASUREMENT LAW (§§ 15-74-301 — 15-74-305) › Section 15-74-301 - Title

This subchapter shall be known and may be cited as the "Standard Gas Measurement Law".
Acts 1951, No. 214, § 1; A.S.A. 1947, § 53-516.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 74 - MEASUREMENT, INSPECTION, AND SALE OF OIL AND GAS (§§ 15-74-101 — 15-74-709) › Subchapter 3 - STANDARD GAS MEASUREMENT LAW (§§ 15-74-301 — 15-74-305) › Section 15-74-302 - Cubic foot of gas defined

(a)
The term "cubic foot of gas" or "standard cubic foot of gas" means the volume of gas contained in one cubic foot (1 cf) of space at a standard pressure base and at a standard temperature base.
(b)
The standard pressure base shall be fourteen and sixty-five one hundredths pounds per square inch (14.65 lbs. p.s.i.) absolute, and the standard temperature base shall be sixty degrees Fahrenheit (60° F).
(c)
Whenever the conditions of pressure and temperature differ from the above standard, conversion of the volume from these conditions to the standard conditions shall be made in accordance with the Ideal Gas Laws with correction for deviation from Boyle's Law, which correction must be made unless the pressure at the point of measurement is two hundred pounds per square inch (200 lbs. p.s.i.) gauge, or less, all in accordance with methods and tables generally recognized by and commonly used in the natural gas industry.
(d)
For all purposes of computing standard cubic feet of gas under this subchapter, the barometric pressure may be assumed to be fourteen and six-tenths pounds per square inch (14.6 lbs. p.s.i.) absolute at the place of measurement.
Acts 1951, No. 214, § 2; A.S.A. 1947, § 53-517.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 74 - MEASUREMENT, INSPECTION, AND SALE OF OIL AND GAS (§§ 15-74-101 — 15-74-709) › Subchapter 3 - STANDARD GAS MEASUREMENT LAW (§§ 15-74-301 — 15-74-305) › Section 15-74-303 - Determination of specific gravity and flowing temperature

(a)
The Oil and Gas Commission is authorized and empowered, in the absence of the availability of satisfactory actual data based upon observed or recorded specific gravity and flowing temperature determinations, to determine the average specific gravity and average flowing temperature of the gas at the point of measurement, as produced in each oil or gas field or pool in Arkansas which, after being so determined, shall be used to calculate the standard cubic foot.
(b)
If for any reason the commission has not so determined the average specific gravity and average flowing temperature of the gas produced in any oil or gas field or pool in Arkansas, the average specific gravity shall be assumed to be six-tenths (6/10) and the average flowing temperature shall be assumed to be sixty degrees Fahrenheit (60°F).
(c)
In the event that the commission finds the necessity therefor or upon the request of any interested party, the commission shall give notice and hold a public hearing before making those determinations.
(d)
Promptly upon those determinations, the commission shall make and publish the findings and promulgate reasonable field rules as necessary to effectuate the provisions of this subchapter.
(e)
Any person, association of persons, or corporation shall be permitted to use the findings and field rules of the commission for all purposes under this subchapter, but if such findings or field rules are not so used in determining volumes under this subchapter, the volumes so otherwise determined shall be corrected to the basis of the "standard cubic foot of gas" as defined in §
15-74-302
. However, nothing in this subchapter shall ever prevent the use of actual recorded values and actual test data, where available, for all purposes whatsoever under this statute.
Acts 1951, No. 214, § 3; A.S.A. 1947, § 53-518.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 74 - MEASUREMENT, INSPECTION, AND SALE OF OIL AND GAS (§§ 15-74-101 — 15-74-709) › Subchapter 3 - STANDARD GAS MEASUREMENT LAW (§§ 15-74-301 — 15-74-305) › Section 15-74-304 - Reports of gas production

Any person required to report volumes of gas production under the laws of this state shall report such volumes in number of thousands of standard cubic feet calculated and determined under the provisions of this subchapter.
Acts 1951, No. 214, § 4; A.S.A. 1947, § 53-519.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 74 - MEASUREMENT, INSPECTION, AND SALE OF OIL AND GAS (§§ 15-74-101 — 15-74-709) › Subchapter 3 - STANDARD GAS MEASUREMENT LAW (§§ 15-74-301 — 15-74-305) › Section 15-74-305 - Measurement, accounting, etc., of gas sold or delivered by volume

(a)
Each and every sale and each and every purchase, delivery, and receipt of gas by volume made in this state, for which any accounting for the price paid or received for the gas so sold, purchased, delivered, or received must be made to an oil and gas lease owner, royalty owner thereunder, or other mineral interest owner, shall be made and the gas shall be measured, calculated, purchased, delivered, and accounted for on the basis of "a standard cubic foot of gas" as defined in §
15-74-302
, and as determined under this subchapter. Whenever the provisions of this subchapter operate to change the basis of measurement provided for in existing contracts, then the price for gas, including royalty gas, provided for in such contracts shall, if either the purchaser or seller so desires, be adjusted to compensate for the change in the method of measuring the volume of gas delivered thereunder. This provision is intended to protect parties to contracts now in existence so that after this statute becomes effective the total amount of money paid for a volume of gas purchased or required to be accounted for under existing contracts shall remain unaffected by this subchapter.
(b)
Nothing in this section shall affect or apply to purchases or sales made on any basis other than a volume basis.
(c)
Any person, association of persons, or corporation who, as purchaser thereof, shall knowingly fail or refuse to so measure, calculate, or account for any gas so purchased, shall be subject to a penalty of not less than ten dollars ($10.00) nor more than five hundred dollars ($500) for each offense recoverable in the name of the state in the Pulaski County Circuit Court and each day of the violation shall constitute a separate offense.
(d)
Nothing herein shall prevent any aggrieved party from maintaining a civil suit for damages in the county or counties in which the gas is produced.
Acts 1951, No. 214, § 5; A.S.A. 1947, § 53-520.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 74 - MEASUREMENT, INSPECTION, AND SALE OF OIL AND GAS (§§ 15-74-101 — 15-74-709) › Subchapter 4 - TESTS AND INSPECTIONS (§§ 15-74-401 — 15-74-410) › Section 15-74-401 - Penalty

(a)
A dealer shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500), if that dealer:
(1)
Offers for sale any of the oils or fluids mentioned in this subchapter which:
(A)
Have not been tested; or
(B)
Having been tested, fail to comply with the specifications set out in this subchapter; or
(2)
Fails to comply with all the requirements of any section of this subchapter or rules promulgated by the Secretary of the Department of Finance and Administration under authority of this subchapter.
(b)
However, the secretary, or any of his or her deputies or inspectors, shall have the power to compromise the penalty herein fixed by imposing the penalty as the merits of the case demand.
Amended by Act 2019, No. 315,§ 1263, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3414, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3413, eff. 7/1/2019.
Acts 1933, No. 134, § 12; Pope's Dig., § 10459; A.S.A. 1947, § 53-612.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 74 - MEASUREMENT, INSPECTION, AND SALE OF OIL AND GAS (§§ 15-74-101 — 15-74-709) › Subchapter 4 - TESTS AND INSPECTIONS (§§ 15-74-401 — 15-74-410) › Section 15-74-402 - Rules

The Secretary of the Department of Finance and Administration shall have authority to promulgate such rules in regard to the enforcement of this subchapter as shall not be inconsistent with the provisions of the subchapter which in his or her judgment will best serve to carry out the purpose thereof.
Amended by Act 2019, No. 315,§ 1264, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3415, eff. 7/1/2019.
Acts 1933, No. 134, § 11; Pope's Dig., § 10458; A.S.A. 1947, § 53-611.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 74 - MEASUREMENT, INSPECTION, AND SALE OF OIL AND GAS (§§ 15-74-101 — 15-74-709) › Subchapter 4 - TESTS AND INSPECTIONS (§§ 15-74-401 — 15-74-410) › Section 15-74-403 - Limit on inspectors' interest in oil and gas sale or manufacture - Appropriation of fluids

No inspector or deputy, while in office, shall:
(1)
Be interested, directly or indirectly, in the manufacture or sale of any of the oils or gasoline specified in this subchapter; or
(2)
For the purpose of inspection, testing, or gauging the same, take away or appropriate for his or her own use, or for the use of others, any part or portion of the oils or fluids.
Acts 1933, No. 134, § 10; Pope's Dig., § 10457; A.S.A. 1947, § 53-610.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 74 - MEASUREMENT, INSPECTION, AND SALE OF OIL AND GAS (§§ 15-74-101 — 15-74-709) › Subchapter 4 - TESTS AND INSPECTIONS (§§ 15-74-401 — 15-74-410) › Section 15-74-404 - Specifications for fuels and oils

No article or commodity shall be sold or offered for sale in the State of Arkansas as gasoline, motor vehicle fuel, special motor vehicle fuel, illuminating oils, or heating oils unless it shall conform to specifications as follows:
(1)
The fuels mentioned above shall be free from water and suspended matter;
(2)
The corrosion test shall be that method prescribed by current American Society for Testing and Materials method or such other test as may be prescribed by the Arkansas Bureau of Standards;
(3)
The method of testing distillation and the distillation range used in such testing of the petroleum products mentioned above shall be as prescribed by current American Society for Testing and Materials standards or as prescribed by the bureau;
(4)
The tests required herein shall be made by the refiners, manufacturers, or blenders of gasoline, motor vehicle fuels, illuminating oils, or heating oils sold or offered for sale in the State of Arkansas; and where shipment is by rail or water transportation, the bill of lading for each shipment shall state that the product meets the American Society for Testing and Materials standards set forth herein. Where shipment is by truck or other vehicle, the invoice for each shipment shall state that the product meets the American Society for Testing and Materials standards set forth herein. The bill of lading must show the destination of the shipment. When any inspector of the bureau is in doubt as to the correctness of the statement attached to the bill of lading or invoice, he or she may procure a sample of the petroleum product in question and send the sample to the bureau;
(5)
The bureau, upon receipt of the sample, shall further test the sample or cause the sample to be tested and the result of the test shall be final; and
(6)
Such other specifications shall be met and tests performed as required by the American Society for Testing and Materials or as prescribed by the bureau.
Acts 1933, No. 134, § 1; Pope's Dig., § 10448; Acts 1941, No. 380, § 1; 1955, No. 124, § 1; 1977, No. 346, § 1; A.S.A. 1947, § 53-601.