Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 4 - COLLECTION AND ENFORCEMENT (§§ 26-34-101 — 26-39-503) › Chapter 37 - SALE OR FORFEITURE OF REAL PROPERTY (§§ 26-37-101 — 26-37-317) › Subchapter 2 - SALE OF TAX-DELINQUENT LANDS (§§ 26-37-201 — 26-37-214) › Section 26-37-202 - Procedure to sell - Definitions

(a)
(1)
An individual or entity whose home of record is outside the United States is prohibited from purchasing a tax-delinquent parcel certified to the Commissioner of State Lands.
(2)
Effective July 1, 2021, in the event it is determined that a tax-delinquent parcel previously certified to the Commissioner of State Lands has been purchased by an individual or entity whose home of record is outside the United States:
(A)
The deed shall be cancelled by the Commissioner of State Lands within three (3) business days of the determination;
(B)
Any and all moneys originally paid to the Commissioner of State Lands for the parcel are immediately forfeited to the Commissioner of State Lands; and
(C)
The parcel is immediately considered certified to the Commissioner of State Lands as tax-delinquent.
(b)
(1)
(A)
If at a scheduled tax-delinquent property auction a person or entity does not bid at least the amount of delinquent taxes, penalties, interest, and the costs of the sale, the Commissioner of State Lands may sell a tax-delinquent parcel at an unsold-property auction.
(B)
The Commissioner of State Lands may conduct an unsold-property auction under subdivision (b)(1)(A) of this section online.
(2)
(A)
If a tax-delinquent parcel is offered at an unsold-property auction within the first two (2) years following the tax-delinquent property auction, the tax-delinquent parcel shall be offered for at least the amount of the delinquent taxes, penalties, interest, and the costs of the sale.
(B)
(i)
If a tax-delinquent parcel is offered two (2) years or more following the tax-delinquent property auction, the sale of the tax-delinquent parcel may be negotiated at a price the Commissioner of State Lands determines to be in the best interest of the state and the local taxing units.
(ii)
The Commissioner of State Lands may conduct a negotiated-price sale under subdivision (b)(2)(B)(i) of this section online.
(3)
The Commissioner of State Lands shall submit quarterly reports to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, listing all tax-delinquent parcels sold at an unsold-property auction or a negotiated-price sale under this section.
(c)
(1)
Except as provided in subdivision (c)(2) of this section, when the Commissioner of State Lands conducts an in-person tax-delinquent property auction, the in-person tax-delinquent property auction shall take place in the county where the parcel is located.
(2)
If the Commissioner of State Lands determines that sufficient parcels of land located in one (1) county do not exist to justify an in-person sale in one (1) county, the Commissioner of State Lands may hold an in-person tax-delinquent property auction in one (1) location and sell parcels located in more than one (1) county if the counties are adjoining counties.
(3)
Unsold-property auctions and negotiated-price auctions are exempt from subdivisions (c)(1) and (2) of this section.
(d)
The auctions under this section shall be conducted on the dates specified in the notices required by this subchapter.
(e)
(1)
(A)
If a tax-delinquent parcel is to be offered at an in-person tax-delinquent property auction, then at least thirty (30) calendar days before the date of the sale the Commissioner of State Lands shall notify the owner and all interested parties by regular mail of the right to redeem the parcel before 4:00 p.m. central standard time (CST) on the last business day before the date of the sale by paying all taxes, penalties, interest, and costs due, including the cost of the notice.
(B)
If a tax-delinquent parcel is offered for sale online through an unsold-property auction or a negotiated-price sale, when the first bid is received, the Commissioner of State Lands shall notify the owner and all interested parties by certified mail of the date of the sale and the right to redeem the parcel before 4:00 p.m. central standard time (CST) on the last business day before the date of the sale by paying all taxes, penalties, interest, and costs due, including the cost of the notice.
(2)
The notice required under subdivision (e)(1) of this section shall be sent to the owner at his or her last known address, as certified by the county, and all interested parties.
(3)
(A)
If a parcel subject to subdivision (e)(1)(A) of this section is not redeemed by the deadline stated in subdivision (e)(1)(A) of this section, the parcel shall be offered for sale at an in-person tax-delinquent auction, and if sold, a limited warranty deed shall be issued by the Commissioner of State Lands to the purchaser.
(B)
If a parcel subject to subdivision (e)(1)(B) of this section is not redeemed by the deadline stated in subdivision (e)(1)(B) of this section, upon sale of the parcel, the Commissioner of State Lands shall issue a limited warranty deed to the purchaser.
(f)
Payment to redeem a tax-delinquent parcel under this section shall be made by certified funds, including without limitation, cash, a credit card, debit card, electronic check, escrow check, money order, cashier's check, or certified bank check.
(g)
As used in this section:
(1)
"Business day" means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not otherwise observed as an official state holiday; and
(2)
"Owner" and "interested party" have the same meaning as in §
26-37-301
.
(h)
The Commissioner of State Lands shall promulgate rules to carry out the provisions of this section.
Amended by Act 2023, No. 241,§ 1, eff. 3/9/2023.
Amended by Act 2021, No. 447,§ 1, eff. 3/24/2021.
Amended by Act 2017, No. 1053,§ 2, eff. 8/1/2017.
Amended by Act 2017, No. 1053,§ 1, eff. 8/1/2017.
Amended by Act 2013, No. 1231,§ 3, eff. 8/16/2013.
Acts 1983, No. 626, § 3; A.S.A. 1947, § 84-1128; Acts 1987, No. 814, § 5; 2007, No. 706, § 2.