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 6 - TRESPASS (§§ 22-5-601 — 22-5-606) › Section 22-5-606 - Constitutional Officers Fund and State Central Services Fund

All amounts recovered for the state shall be paid to the Treasurer of State to be credited to the Constitutional Officers Fund and State Central Services Fund for the support of the office of the Commissioner of State Lands, and each agent's per diem and expenses shall be paid from the fund.
Acts 1931, No. 125, § 6; A.S.A. 1947, § 10-312n.
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 7 - FIELD NOTES AND RECORDS (§§ 22-5-701 — 22-5-705) › Section 22-5-701 - Field notes and other papers as public records - Right to inspect and copy

(a)
The field notes, transcripts, documents, maps, plats, records, and other papers kept in the office of the Commissioner of State Lands are declared to be public records.
(b)
Under the authority and direction of the Director of the Bureau of Land Management, any deputy surveyor or other agent of the United States shall have free access to any such public records for the purpose of taking extracts therefrom or making copies thereof, without charge of any kind.
(c)
The Commissioner of State Lands and the clerks in his or her office shall be allowed to take extracts from or make copies of any of the public records in the office of the Commissioner of State Lands.
(d)
All other persons may have the right to inspect the public records under the supervision of the Commissioner of State Lands or the clerks in his or her office.
(e)
The Commissioner of State Lands shall assign a space in his or her office for the reception and safekeeping of records and shall allow free access to the records by the authorities of the United States.
Acts 1881, No. 12, §§ 2, 5, p. 18; C. & M. Dig., §§ 4745, 4748; Acts 1933, No. 155, § 2; Pope's Dig., §§ 5447, 5824, 5827, 5833; Acts 1939, No. 121, § 2; A.S.A. 1947, §§ 10-1202, 10-1205, 10-1207.
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 7 - FIELD NOTES AND RECORDS (§§ 22-5-701 — 22-5-705) › Section 22-5-702 - Copies, extracts, etc. - Recording - Admissibility as evidence

(a)
All certified transcripts and copies of any of the public records in the office of the Commissioner of State Lands, properly certified by the Commissioner of State Lands, shall be entitled to be recorded in all deed records and shall be received in evidence in all courts of this state in the same manner and with like effect as the originals.
(b)
Any certified extract, entry of field notes, maps, records, or other papers, properly certified by the Commissioner of State Lands, shall be received in evidence in all courts of this state in the same manner as if the copy of the entire field notes, maps, records, or other papers had been produced.
Acts 1881, No. 12, §§ 3, 4, p. 18; C. & M. Dig., §§ 4746, 4747; Pope's Dig., §§ 5825, 5826; Acts 1939, No. 121, § 3; A.S.A. 1947, §§ 10-1203, 10-1204, 10-1208.
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 7 - FIELD NOTES AND RECORDS (§§ 22-5-701 — 22-5-705) › Section 22-5-703 - Counties may obtain field notes - Appropriations

(a)
(1)
The county court of each county is authorized to ascertain at what price the field notes of survey of the lands in the county, together with township maps thereof, can be obtained. After the court shall have obtained a knowledge of the amount of expenses necessary to procure the field notes and township maps, it shall cause the price to be posted in an advertisement, at the courthouse door, requesting all the justices of the county to attend the next county court.
(2)
If a majority of the justices present shall vote in favor of paying the ascertained price, then the county court may proceed to procure the field notes and maps from the office of the Commissioner of State Lands. The field notes and maps so procured, certified by the Commissioner of State Lands, shall be lodged in the office of the clerk of the county court.
(b)
For putting this section into effect, each county is authorized to make the necessary appropriations out of any money in the county treasury not otherwise appropriated.
Acts 1854, §§ 1, 4, p. 16; Acts 1857, § 1, p. 67; C. & M. Dig., § 4749; Pope's Dig., § 5828; A.S.A. 1947, §§ 10-1209 -- 10-1211.
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 7 - FIELD NOTES AND RECORDS (§§ 22-5-701 — 22-5-705) › Section 22-5-704 - Fees for copies

(a)
The clerk of each county court shall issue, when called by any person, a copy of the field notes and maps of the county and is authorized to charge fifty cents (50¢) for each copy.
(b)
No copy shall contain more than three hundred twenty (320) acres without an additional charge of fifty percent (50%) on such enlargement on any one (1) copy, to be paid by the applicant.
(c)
The Commissioner of State Lands is directed to furnish free of charge to any county in this state which has lost its field notes of land surveys of the county by the burning of its courthouse copies of the field notes relating to the survey of lands in the county, at as early a time as may be, after the county judge of the county shall file with the Commissioner of State Lands an application for copies of the lost or destroyed field notes.
(d)
Each county surveyor shall have the liberty of copying any of the field notes and maps kept in the county courthouse for his or her own use, without charge of any kind.
(e)
It shall be the duty of the county clerk of each county to make a true report of all moneys collected by him or her for copies issued of the field notes and maps to the county court at settlement term in each year.
(f)
It shall be the duty of the court to charge the clerk thirty percent (30%) on all moneys collected by him or her pursuant to this section, and the court shall order the sheriff of the county to collect the percentage so charged and pay it over to the county treasurer, to be used as other county funds.
Acts 1854, §§ 2, 3, p. 16; 1857, § 2, p. 67; 1893, No. 111, § 1, p. 196; C. & M. Dig., §§ 1905, 4750-4752, 6584; Pope's Dig., §§ 2422, 5829-5831, 8615; A.S.A. 1947, §§ 10-1212 -- 10-1215.
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 7 - FIELD NOTES AND RECORDS (§§ 22-5-701 — 22-5-705) › Section 22-5-705 - Applicability of Arkansas Administrative Procedure Act

The office of the Commissioner of State Lands shall be subject to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Acts 2001, No. 1417, § 9.
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 8 - MINERAL, TIMBER, AND OTHER RESOURCES (§§ 22-5-801 — 22-5-818) › Section 22-5-803 - Leases and permits - Penalties

(a)
(1)
Upon conviction, a person, firm, company, corporation, or association is guilty of a Class D felony if the person, firm, company, corporation, or association without first obtaining a lease or permit to do so from the Commissioner of State Lands knowingly removes any sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or any timber or logs from:
(A)
The beds or bars of navigable rivers and lakes in this state; or
(B)
Any other lands or interest in lands held in the name of the state.
(2)
Each day of unauthorized taking shall constitute a separate offense.
(b)
In addition to the fine mentioned in subsection (a) of this section, the State of Arkansas may bring suit in the name of the state to recover the value of the sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or timber or logs which have been illegally removed, as well as all severance taxes and royalties due as a result of the removal.
Amended by Act 2015, No. 1132,§ 1, eff. 7/22/2015.
Acts 1975, No. 524, § 9; A.S.A. 1947, § 10-1022; Acts 1993, No. 509, § 1; 2005, No. 786, § 3.
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 8 - MINERAL, TIMBER, AND OTHER RESOURCES (§§ 22-5-801 — 22-5-818) › Section 22-5-804 - Leases and permits - Natural Resources Committee - Arkansas State Game and Fish Commission

(a)
(1)
The Natural Resources Committee is created and shall be composed of the following members:
(A)
The Secretary of the Department of Finance and Administration;
(B)
The Director of Production and Conservation of the Oil and Gas Commission;
(C)
The State Geologist;
(D)
The Secretary of the Department of Agriculture;
(E)
The Commissioner of State Lands;
(F)
The Executive Secretary of the Arkansas State Game and Fish Commission;
(G)
The Secretary of the Department of Parks, Heritage, and Tourism;
(H)
The Director of the Division of Environmental Quality; and
(I)
The Chair of the Arkansas Natural Heritage Commission.
(2)
A member of the committee may designate a person within the member's organization to attend meetings and conduct committee business on the member's behalf.
(b)
The chair of the committee shall be the Commissioner of State Lands.
(c)
The committee shall establish a schedule of minimum fees and royalties, as well as the terms and conditions for various types of permits and leases. No permit or lease shall be granted for less than the minimums prescribed in the schedule.
(d)
The committee shall have the authority to change the schedule of minimum fees and royalties and the terms of permits and leases.
(e)
The Arkansas State Game and Fish Commission shall have the authority, for all lands held in the name of and managed by its agency:
(1)
To establish a schedule of minimum fees and royalties, as well as the terms and conditions for various types of permits and leases for Arkansas State Game and Fish Commission lands;
(2)
To take bids on and to award the leases and permits to produce or sever minerals from those lands and to set up application procedures and fees for those leases and permits;
(3)
To set the length of time for leases or permits to expire and the terms and conditions for their transfer or renewal;
(4)
To set the minimum fees and royalties for leases and permits and to ensure that severance taxes on minerals from such leases or permits are paid to the proper agencies; and
(5)
Shall have such other duties, responsibilities, and authority required for the issuance of mineral leases and permits under this section and §§
22-5-801
-
22-5-803
and
22-5-805
-
22-5-813
for other state lands.
Amended by Act 2019, No. 910,§ 120, eff. 7/1/2019.
Amended by Act 2015, No. 1132,§ 2, eff. 7/22/2015.
Acts 1975, No. 524, § 2; 1981, No. 684, § 1; 1983, No. 691, § 15; 1985, No. 1035, § 1; A.S.A. 1947, §§ 10-1015, 10-1015.2, 10-1015.3; Acts 1991, No. 537, § 2; 1993, No. 509, § 1; 1999, No. 1164, § 177.
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 8 - MINERAL, TIMBER, AND OTHER RESOURCES (§§ 22-5-801 — 22-5-818) › Section 22-5-806 - Leases and permits - Offer to pay minimums - Notice - Award

(a)
Any person applying for a lease or permit under the provisions of this section and §§
22-5-801
-
22-5-805
and
22-5-807
-
22-5-813
shall offer in the application to pay at least the minimums prescribed in the schedule for the lease or permit.
(b)
(1)
Upon receipt of an application for a lease or permit, the office of the Commissioner of State Lands shall determine whether issuing a permit or lease would be in the best interests of the State of Arkansas. If so, the Commissioner of State Lands, within ten (10) days after that determination, shall cause to be published in a newspaper of general circulation in this state for no fewer than three (3) consecutive days, and in a newspaper of general circulation in the county or counties in which the property is located for not less than one (1) day, a notice that an application has been filed.
(2)
The notice shall contain a description of the permit or lease sought, the minimum fee or royalty, and the terms and conditions prescribed for the permit or lease and shall state that persons may bid on the lease or permit by filing a sealed bid in writing with the office of the Commissioner of State Lands within the time specified in the publication.
(3)
All bids shall be submitted not less than twenty (20) days from the last day of publication.
(c)
(1)
If no other bids for the lease or permit are filed with the Commissioner of State Lands within the specified time period, the lease or permit may be awarded to the person applying therefor.
(2)
If other bids are received, the lease or permit may be awarded to the highest bidder, but if two (2) or more bids are, in the judgment of the Commissioner of State Lands, reasonably close, the Commissioner of State Lands may require an open auction between the high bidders.
(3)
After the bidding process is completed, the Commissioner of State Lands, with the recommendations of the Natural Resources Committee, may reject all offers considered unreasonable or may establish terms considered reasonable and in the best interest of the state, which the highest bidder may accept, without further advertising by the state.
Acts 1975, No. 524, § 2; 1981, No. 684, § 1; A.S.A. 1947, § 10-1015; Acts 1993, No. 509, § 1.
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 8 - MINERAL, TIMBER, AND OTHER RESOURCES (§§ 22-5-801 — 22-5-818) › Section 22-5-807 - Leases and permits - Notice to, and recommendations from, interested agencies

(a)
When an application for a lease or permit is filed with the Commissioner of State Lands for the taking or production of any sand, gravel, oil, natural gas, casinghead gas, coal, or other minerals or the severance of any timber or logs from state-owned lands, the Commissioner of State Lands shall so notify the Office of the State Geologist, the Arkansas Natural Resources Commission, the Oil and Gas Commission, the Arkansas State Game and Fish Commission, the Department of Parks, Heritage, and Tourism, the Division of Environmental Quality, the Arkansas Forestry Commission, and any other appropriate state agency that has or may have a particular interest in the area proposed to be covered by the lease or permit.
(b)
Any interested agency shall have an opportunity to investigate the proposed production or taking of sand, gravel, or minerals or the severance of timber or logs under the lease or permit and to report its findings and recommendations to the Commissioner of State Lands, including any recommendations for conditions or limitations to be imposed on the lessee or permittee with respect to the production of sand, gravel, minerals, or the severance of timber or logs under the lease or permit, within the time specified in the notice.
(c)
The Commissioner of State Lands may deny an application or may grant a permit or lease subject to such conditions and requirements as he or she deems appropriate to properly protect the interests of the State of Arkansas.
(d)
No permit or lease shall be granted on interests held in the name of or managed by a state agency or institution without the written consent of the agency or institution.
(e)
The issuance of a permit or lease shall not be unreasonably delayed or denied without justifiable cause.
Amended by Act 2023, No. 697,§ 19, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 3238, eff. 7/1/2019.
Acts 1975, No. 524, § 3; 1981, No. 684, § 2; A.S.A. 1947, § 10-1016; Acts 1993, No. 509, § 1; 1999, No. 1164, § 178; 2005, No. 786, § 5.
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 8 - MINERAL, TIMBER, AND OTHER RESOURCES (§§ 22-5-801 — 22-5-818) › Section 22-5-808 - Leases and permits - Records - Fees - Disposition of funds

(a)
The office of the Commissioner of State Lands shall maintain a permanent record of all leases and permits issued under this section and §§
22-5-801
-
22-5-807
and
22-5-809
-
22-5-813
.
(b)
(1)
The person, firm, company, corporation, or association making application or filing a competitive bid for a lease or permit with the State of Arkansas shall pay a fee to cover the cost of processing its application and providing public notice.
(2)
The amount of the fee shall be set by the Commissioner of State Lands and shall be deposited as cash funds as defined by §
19-4-801
.
(c)
The funds shall be used to pay for the advertising, processing, and recording of applications received.
Amended by Act 2021, No. 455,§ 4, eff. 7/28/2021.
Acts 1975, No. 524, § 4; 1977, No. 572, § 2; 1981, No. 684, § 3; A.S.A. 1947, § 10-1017; Acts 1993, No. 509, § 1; 2009, No. 610, § 8.
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 8 - MINERAL, TIMBER, AND OTHER RESOURCES (§§ 22-5-801 — 22-5-818) › Section 22-5-810 - Leases and permits - Liability - Transferability - Renewal

(a)
Each person, firm, company, corporation, association, or other business entity holding a lease or permit for the taking or production of any sand, gravel, timber or logs, minerals, or other natural resources shall be absolutely liable for all severance taxes, royalties, and actual consideration for all the sand, gravel, or minerals produced or timber or logs severed under the lease or permit regardless of whether the lessee or permittee is actually producing or severing the minerals or timber or logs from the land.
(b)
(1)
All leases issued under the authority of this section and §§
22-5-801
-
22-5-809
and
22-5-811
-
22-5-813
shall be transferable only with the approval of the Commissioner of State Lands.
(2)
Any lease transferred in violation of subdivision (b)(1) of this section shall be subject to cancellation by the Commissioner of State Lands.
(3)
All permits issued under the authority of this section and §§
22-5-801
-
22-5-809
and
22-5-811
-
22-5-813
shall not be transferable.
(c)
Upon the expiration of any lease or permit issued under the authority of this section and §§
22-5-801
-
22-5-809
and
22-5-811
-
22-5-813
, the lease or permit shall not be renewed or reissued.
Acts 1975, No. 524, § 7; 1981, No. 684, § 5; A.S.A. 1947, § 10-1020; Acts 1993, No. 509, § 1; 2005, No. 786, § 7.
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 8 - MINERAL, TIMBER, AND OTHER RESOURCES (§§ 22-5-801 — 22-5-818) › Section 22-5-811 - Leases and permits - Existing ones to continue

Any person, firm, company, corporation, state agency, or other business entity holding a lease or permit on March 21, 1975, for the taking or production of any sand, gravel, minerals, or timber or logs from state-owned lands shall be permitted to continue to take or produce sand, gravel, minerals, or timber or logs from state-owned lands in accordance with the existing lease or permit.
Acts 1975, No. 524, § 8; 1981, No. 684, § 6; A.S.A. 1947, § 10-1021; Acts 2005, No. 786, § 8.
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 8 - MINERAL, TIMBER, AND OTHER RESOURCES (§§ 22-5-801 — 22-5-818) › Section 22-5-812 - Leases and permits - Rules

(a)
The Commissioner of State Lands shall promulgate any rules which may be deemed necessary to carry out the provisions of this section and §§
22-5-801
-
22-5-811
and
22-5-813
.
(b)
The Commissioner of State Lands shall include in the rules all grounds and conditions for the revocation or termination of any lease or permit issued under this section and §§
22-5-801
-
22-5-811
and
22-5-813
and shall provide for reasonable notice to the lessee or permittee of an opportunity to be heard prior to terminating or revoking any lease or permit.
(c)
The Arkansas State Game and Fish Commission shall promulgate rules and regulations necessary to lease mineral rights and to issue permits to produce and sever minerals on commission lands in conformity with the requirements, procedures, standards, and methods as provided in this section and §§
22-5-801
-
22-5-811
and
22-5-813
.
Amended by Act 2019, No. 315,§ 2368, eff. 7/24/2019.
Acts 1975, No. 524, § 10; 1981, No. 684, § 7; A.S.A. 1947, § 10-1023; Acts 1991, No. 537, § 4; 1993, No. 509, § 2.
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 8 - MINERAL, TIMBER, AND OTHER RESOURCES (§§ 22-5-801 — 22-5-818) › Section 22-5-813 - Leases and permits - Compliance with this section and sections 22-5-801 - 22-5-812

The office of the Commissioner of State Lands may conduct a continuing check of the operations by lessees or permittees to assure that each lessee or permittee is meeting all the requirements and complying with the conditions of the lease or permit and the provisions of this section and §§
22-5-801
-
22-5-812
.
Acts 1975, No. 524, § 6; A.S.A. 1947, § 10-1019; Acts 1993, No. 509, § 2.
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 8 - MINERAL, TIMBER, AND OTHER RESOURCES (§§ 22-5-801 — 22-5-818) › Section 22-5-814 - Removal of sand or gravel from navigable waters

(a)
Sand and gravel may be removed from the beds or bars of any navigable river or lake by the Arkansas Department of Transportation, any county or road district, or any federal agency to be used for road building or maintenance, without paying the State of Arkansas any amount whatsoever.
(b)
All persons, firms, or corporations taking or removing sand or gravel from the beds or bars of any navigable river or lake within the State of Arkansas, and selling the sand or gravel for commercial gain to the department, to any county or road district, or to any federal agency for the purpose of road construction or maintenance, and all highway contractors who remove sand or gravel from the beds or bars of any navigable river or lake within the State of Arkansas for the purpose of road building or maintenance, shall be required to pay to the State of Arkansas the customary royalties as provided by law.
(c)
Any person, firm, or corporation taking or removing sand or gravel from the beds or bars of any navigable river or lake within the State of Arkansas, to be used in road building, shall keep a detailed account of all gravel or sand so removed.
(d)
A copy of the account shall be filed with the Commissioner of State Lands, a copy with the county judge of the county where the sand or gravel is taken and removed, and a copy shall be retained by the person removing the sand or gravel.
Amended by Act 2017, No. 707,§ 82, eff. 8/1/2017.
Acts 1919 (2nd Ex. Sess.), No. 262, §§ 1, 2, p. 4255; C. & M. Dig., §§ 6793, 6794; Pope's Dig., §§ 8736, 8737; Acts 1941, No. 424, § 1; A.S.A. 1947, §§ 10-1005, 10-1006; Acts 1993, No. 509, § 2.
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 8 - MINERAL, TIMBER, AND OTHER RESOURCES (§§ 22-5-801 — 22-5-818) › Section 22-5-818 - Commercial mining at Crater of Diamonds State Park prohibited

No commercial mining shall be permitted at the Crater of Diamonds State Park. Recreational mining by individuals shall continue to be permitted at the park.
Acts 1999, No. 15, § 1.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-101 - [Repealed]

Repealed by Act 2021, No. 584,§ 1, eff. 7/28/2021.
Acts 1853, §§ 15, 20, p. 161; 1887, No. 90, § 4, p. 140; C. & M. Dig., §§ 6583, 6588; Pope's Dig., §§ 8614, 8619; A.S.A. 1947, §§ 10-506, 10-507, 10-531.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-102 - Correction of errors growing out of erroneous sales

(a)
The Commissioner of State Lands shall have the power to correct errors that exist or may exist arising from the erroneous sale of lands belonging or formerly belonging to the state.
(b)
The Commissioner of State Lands shall have the power to correct all manifest errors in the description of lands sold, in the amounts of notes given for lands sold by the state, and also in cases where notes may have been given for the purchase of a greater number of acres than has been confirmed to the state.
(c)
Any action to correct errors on the part of the Commissioner of State Lands shall be legal and binding until overruled or set aside by the decision of a court having competent jurisdiction.
Amended by Act 2023, No. 53,§ 1, eff. 8/1/2023.
Acts 1854, § 3, p. 13; 1859, No. 154, §§ 1-5, 7, p. 182; C. & M. Dig., §§ 6764, 6766-6771; Pope's Dig., §§ 8696, 8698-8703; A.S.A. 1947, §§ 10-508 -- 10-514.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-103 - Issuance of replacement certificates of purchase

The Commissioner of State Lands shall issue certificates of purchase only in cases in which it shall appear by the records that no certificates have ever been issued and in cases where the affidavit of the applicant, or some person for him or her, shall be filed stating that the original certificate had not been assigned or that it has been lost or destroyed.
Acts 1854, § 2, p. 13; C. & M. Dig., § 6763; Pope's Dig., § 8695; A.S.A. 1947, § 10-520.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-104 - Execution of deed on original or patent certificate

(a)
The owner of any original or patent certificate for any seminary, saline, internal improvements, swamp and overflowed, real estate bank, or state bank lands, or the assignee or the parties in whom the legal title to the land exists, may present the certificate to the Commissioner of State Lands, who, if he or she finds that the sale of the land was made in conformity to law and that the land has been fully paid for, shall execute, under his or her hand and official seal, a deed conveying all rights, title, and interest of the state thereto.
(b)
The seal of the Commissioner of State Lands shall be sufficient verification and authentication of the deed so made and shall entitle the deed to record, which shall be received as evidence in any court of this state.
(c)
The original or patent certificates upon which deeds are made shall be filed in the Commissioner of State Lands' office, and the Commissioner of State Lands shall keep an abstract of the deeds so made, from which he or she may issue duplicates upon sufficient proof of the loss of original deeds.
(d)
In all cases where sufficient proof is presented of the loss or destruction of any deeds made to any lands belonging to this state, by any officer authorized so to do, where evidence exists in the Commissioner of State Lands' office of the issuance of the former deeds, it shall be the duty of the Commissioner of State Lands to issue duplicates or make new deeds therefor, as the case may be, referring therein to the deeds previously issued.
(e)
The duplicates or new deeds shall have the like force and effect as the original deeds.
Acts 1875 (Adj. Sess.), No. 53, §§ 1, 2, p. 91; 1881, No. 26, § 1, p. 40; C. & M. Dig., §§ 6759, 6760; Pope's Dig., §§ 8691, 8692; A.S.A. 1947, §§ 10-521, 10-522.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-105 - Execution of deed on certificate of purchase

(a)
The owner of any certificate of purchase for any swamp and overflowed, seminary, saline, internal improvement, real estate bank, or state bank lands, or the assignee or the party in whom the legal title to the lands exist, may present the certificates and other evidences of the legal title to the lands to the Commissioner of State Lands. If the Commissioner of State Lands finds that the sale of the lands was in conformity to law, the lands have been fully paid for, and the evidences of assignment have been made in accordance with law, he or she shall execute, under his or her hand and official seal, a deed conveying all the right, title, and interest of the state in and to the lands.
(b)
The deed of the state shall not be issued to any approved swamp and overflowed lands until after the issuance of the patent by the United States to the state for the lands.
Acts 1885, No. 10, § 3, p. 10; C. & M. Dig., § 6591; Pope's Dig., § 8622; A.S.A. 1947, § 10-524.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-106 - Issuance of deed on proof of payment

The Commissioner of State Lands is authorized and empowered to execute, under his or her hand and official seal, a deed to purchasers from the state of any seminary, saline, internal improvement, real estate bank, or state bank lands, upon the filing in his or her office of the receipts of the Treasurer of State, showing that the purchase money for the lands, together with the fee for the deed, has been fully paid to the Treasurer of State as required by law.
Acts 1885, No. 10, § 1, p. 10; C. & M. Dig., § 6589; Pope's Dig., § 8620; A.S.A. 1947, § 10-523.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-107 - Deeds to school lands sold prior to 1881

(a)
The Commissioner of State Lands is authorized and empowered to execute, under his or her hand and official seal, a deed to purchasers or their assigns or legal representatives of sixteenth section or school lands, upon presentation to the Commissioner of State Lands of proper evidence of full payment for the lands, in all cases where the sale of the land occurred prior to the passage of "An act to provide for the sale of the sixteenth section in this State", approved March 22, 1881.
(b)
The certificates and evidences of assignment mentioned in subsection (a) of this section, upon which deeds are so made, shall be filed in the Commissioner of State Lands' office. He or she shall keep a record of the deeds so made, from which he or she may issue duplicates upon sufficient proof of loss of, or errors in, the original deeds.
(c)
In all cases where sufficient proof is presented of the loss, destruction, or erroneous issue of any deeds made to any lands belonging to the state by any officer authorized so to do, when evidence exists in the Commissioner of State Lands' office of the proper issuance of the former deeds, it shall be the duty of the Commissioner of State Lands to issue duplicates or make new deeds, as the case may be, referring therein to the deeds previously issued.
(d)
The duplicates or new deeds shall have the like force and effect as the original deeds.
Acts 1885, No. 10, §§ 2, 5, p. 10; C. & M. Dig., §§ 6590, 6593; Pope's Dig., §§ 8621, 8627; A.S.A. 1947, §§ 10-525, 10-526.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-108 - Seal of Commissioner of State Lands sufficient verification

The seal of the Commissioner of State Lands shall be sufficient verification and authentication of the deed made by him or her for any class of lands mentioned in this act, and the deed shall be received as evidence of the legal title to the lands in any court in this state.
Acts 1885, No. 10, § 6, p. 10; C. & M. Dig., § 6594; Pope's Dig., § 8628; A.S.A. 1947, § 10-527.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-109 - Cancellation of deed upon dishonor of check

(a)
The Commissioner of State Lands is empowered and authorized to cancel, set aside, and hold for naught any redemption or sale deed issued by him or her for any state-owned land in any instance where a personal check tendered to and accepted by him or her in payment of the redemption or purchase price thereof is not paid upon presentation to the bank upon which it is drawn.
(b)
Upon failure of payment, the Commissioner of State Lands may issue a cancellation deed cancelling and setting aside the redemption or sale deed and shall file the cancellation deed for record in the county in which the lands are located and pay the expense incident thereto from the maintenance fund of the office of the Commissioner of State Lands.
Acts 1941, No. 35, §§ 1, 2; A.S.A. 1947, §§ 10-504, 10-505.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-110 - Confirmation of sales of lands paid for with levee bonds

(a)
All sales of lands formerly owned by the State of Arkansas conducted pursuant to the decrees of the Pulaski County Chancery Court in favor of the State of Arkansas, condemning the lands for sale to pay the unpaid purchase price thereof, which sales were held and conducted by the commissioner of the court in substantial conformity to the decrees, were reported to and were approved and confirmed by the court, and were made for a price payable in Arkansas levee bonds to May 1, 1878, are ratified and confirmed and made valid as if the lands had been paid for in valid funds.
(b)
When the owner and occupant of any of the lands shall present to the Commissioner of State Lands a duly certified copy of the proceedings of the court affecting the lands claimed by him or her and showing that the land was sold prior to May 1, 1878, and paid for in Arkansas levee bonds and that the sale was approved and confirmed by the court, and when the owner shall file a petition with the Commissioner of State Lands setting forth the evidence of his or her title, showing title derived by him or her from the purchaser at the sale so held under decree of the court prior to May 1, 1878, and showing that the claimant and those under whom he or she claims title have continuously paid taxes on the lands for at least seven (7) years immediately preceding the filing of the petition, it shall be the duty of the Commissioner of State Lands to execute to the record owner a deed in the name of the State of Arkansas, quieting all the right, title, and claim of the State of Arkansas in the land claimed and held by each owner.
Acts 1919, No. 226, §§ 1, 2; C. & M. Dig., § 6785; Pope's Dig., § 8710; A.S.A. 1947, §§ 10-528, 10-529.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-111 - Price of swamp, internal improvement, seminary, saline, or school lands - Exemptions

(a)
(1)
No swamp, internal improvement, seminary, or saline lands shall be sold for less than two dollars and fifty cents ($2.50) per acre, and no state school land shall be sold for less than two dollars and fifty cents ($2.50) per acre nor for less than the market value ascertained by appraisement.
(2)
When any lands or interest therein may be recovered by the state by litigation, the lands or interest shall be ordered sold by the court as in sales of land upon decree in equity.
(3)
After paying expenses, the balance of the purchase money shall be deposited into the State Treasury, as provided in §§
6-20-202
and
6-20-203
.
(b)
Nothing in this section shall be construed to prevent the donation of state lands as provided by law.
(c)
Nothing in this section or §§
22-6-301
-
22-6-304
shall prevent the Commissioner of State Lands from accepting outstanding refunding certificates issued by the state for lands previously sold in payment for state lands.
(d)
Nothing in this section or §§
22-6-301
-
22-6-304
shall affect the sale of any state lands where written application was filed with the Commissioner of State Lands prior to February 1, 1919.
(e)
Nothing in this section or §§
22-6-301
-
22-6-304
shall affect the law in regard to the sale by the state of tax-forfeited lands.
Acts 1919, No. 344, § 1; C. & M. Dig., § 9009; Acts 1921, No. 350, § 1; Pope's Dig., § 8626; A.S.A. 1947, § 10-502.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-112 - Preference to war veterans in sale of agricultural land

In the disposition of state-owned tracts of lands suitable for agriculture, the Commissioner of State Lands shall give first preference, where they are qualified as farmers, to war veterans who have been bona fide citizens of this state for five (5) years or more, who have been in active military service in time of war for ninety (90) days or more, and who have been discharged or relieved therefrom under conditions other than dishonorable.
Acts 1945, No. 292, § 1; A.S.A. 1947, § 10-501.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-113 - State's retention of mineral interest - Exemption

(a)
Irrespective of any other law on the subject, in any conveyance of title to lands owned by the State of Arkansas, except as provided in subsection (b) of this section, the state shall retain ownership of not less than one-half (½) interest in and to all the oil, gas, and other minerals therein or thereunder.
(b)
The provisions of this section shall not affect the provisions of law governing the sale of tax-forfeited lands by the State of Arkansas.
Acts 1959, No. 305, §§ 1, 2; A.S.A. 1947, §§ 10-532, 10-533.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-114 - [Repealed]

Repealed by Act 2013, No. 1463,§ 4, eff. 8/16/2013.
Acts 1887, No. 90, § 1, p. 140; C. & M. Dig., §§ 6587, 9925; Pope's Dig., §§ 8618, 13692; A.S.A. 1947, § 10-530.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-115 - Prohibited acts of county officials affecting title

(a)
No county clerk, county assessor, sheriff, or other county official shall file or prepare and issue any type of deed, mortgage, lease, or other legal document, nor shall he or she extend and assess any taxes on state or political subdivision lands for any type of taxes, nor shall he or she include any such lands on any delinquent list, without first notifying the state or the department owning the lands by registered letter, return receipt requested, sixty (60) days prior to taking such action, setting forth the proposed action to be taken and including a complete legal description of the lands.
(b)
Any action taken without complying with the requirements of this section shall be declared null, void, and invalid, as against the state or political subdivision thereof, in any court having jurisdiction of the cause.
Acts 1971, No. 727, §§ 1, 3; A.S.A. 1947, §§ 10-534, 10-535.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-116 - Certificates by county collectors correcting or cancelling original certificates

(a)
When any county collector shall determine that the original certification to the Commissioner of State Lands of any lands, or town or city lots, should be cancelled, corrected, or in any way changed, said official shall issue a certificate to the Commissioner of State Lands. Such certificate shall contain the legal description of the property, state the change, and state the appropriate manner in which to make such change.
(b)
Upon receipt of any cancellation or correction certificate, the Commissioner of State Lands shall determine whether the certificate offers sufficient evidence to warrant cancellation or correction of the certification of any real property. If the Commissioner of State Lands determines that cancellation or correction is warranted, the Commissioner of State Lands shall approve the cancellation or correction certificate, amend the records of the Commissioner of State Lands, forward the certificate to the county collector, and the certificate shall be filed with the recorder of the county and properly recorded in the deed records. A recorded copy of such certificate shall be transmitted to any other county officials upon whose records the parcel is recorded.
(c)
Whenever a cancellation or correction certificate has been recorded in the records of the Commissioner of State Lands, the Commissioner of State Lands shall issue a cancellation or correction deed on property which has been redeemed, sold, or otherwise disposed of as tax-forfeited land. The Commissioner of State Lands shall forward the deed to be filed in the county where the property is located.
(d)
No recording fee shall be charged by or against the recorder on any cancellation or correction certificate or on any cancellation or correction deed issued by the Commissioner of State Lands.
(e)
When any county assessor shall determine that the information on tax-delinquent parcels is erroneous, whether by legal description, name of record owner, double assessment, or other cause, the assessor shall inform the county collector of such change, and the county collector shall forward a cancellation or correction certificate to the Commissioner of State Lands as specified in subsection (a) of this section.
(f)
Should information contained in the records of the Commissioner of State Lands be found to be erroneous, whether by legal description, name of record owner, or other cause, the Commissioner of State Lands may, at his or her discretion, waive all or part of penalties and interests applied thereon as a result of the inaccuracies.
Acts 1943, No. 206, §§ 1-3; A.S.A. 1947, §§ 10-517 -- 10-519; Acts 1989, No. 538, § 1; 1991, No. 807, § 1.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-117 - Report to Legislative Council - Definition

(a)
For purposes of this section and §
22-6-118
, "quarter" means:
(1)
January 1 through March 31 of each year;
(2)
April 1 through June 30 of each year;
(3)
July 1 through September 30 of each year; and
(4)
October 1 through December 31 of each year.
(b)
When any agency of this state or agent of this state conveys any interest in real property or natural resources owned by this state, the agent or agency shall report the conveyance to the Legislative Council no later than thirty (30) days after the end of the quarter during which the conveyance occurred.
(c)
The report of conveyance shall include:
(1)
The parties to the conveyance;
(2)
The date of the conveyance;
(3)
The location of the property conveyed;
(4)
The compensation received by the state for the conveyance;
(5)
Changes in the lease agreement if the conveyance is a lease; and
(6)
Any other information requested by the Legislative Council.
Acts 1997, No. 1315, § 1.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-118 - Exemptions from sections 22-6-117 requirement

The provisions of this section and §
22-6-117
shall not apply to the following:
(1)
Conveyance by the state of tax-delinquent property;
(2)
Leases of state property of a duration of one (1) year or less;
(3)
Leases of state property to state employees for housing;
(4)
Conveyances of state property by one (1) state agency to another state agency; and
(5)
Easements or any lesser estate in land granted by any state agency.
Acts 1997, No. 1315, § 2.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-119 - Custody of records

(a)
Books, accounts, records, papers, maps, and documents relating to the functions and powers of the Commissioner of State Lands, including the records and documents used by the historical predecessors of the Commissioner of State Lands, are the property of the state and shall remain in the custody of the Commissioner of State Lands.
(b)
(1)
Except for a temporary loan or temporary measures to preserve, protect, or display a deed, map, document, survey, or other record of the Commissioner of State Lands, the deed, map, document, survey, or other record shall not be removed by any person from the office of the Commissioner of State Lands.
(2)
(A)
Upon request by an interested party, the Commissioner of State Lands shall deliver to the interested party a certified copy of a document or record described in subdivision (b)(1) of this section.
(B)
The certified copy shall be treated the same as an original document.
(c)
This section does not apply to a document or record:
(1)
That has been conveyed, transferred, or bestowed by the state in the normal course of business or another lawful disposition; or
(2)
In which the state no longer has an interest.
Added by Act 2013, No. 553,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 6 - SALE OR OTHER DISPOSITION OF STATE LANDS (§§ 22-6-101 — 22-6-603) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-6-101 — 22-6-120) › Section 22-6-120 - [Repealed]

Repealed by Act 2021, No. 585,§ 1, eff. 7/28/2021.
Added by Act 2013, No. 553,§ 1, eff. 8/16/2013.