reglab/statecodes huggingface dataset:
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 2 - ISLANDS (§§ 22-6-201 — 22-6-205) › Section 22-6-201 - Purpose - Definition

(a)
It is the primary purpose and intent of this subchapter that when islands are formed in navigable waters of this state, title to the islands should be retained in the state if the island is appropriate for use by any state agency or may become appropriate for any use by the state and that the islands should be sold by the state only when it is determined that they have no present or future use to the state.
(b)
It is not the purpose of this subchapter to require any state agency to accept the responsibility and duty for the operation, management, or development of any island but only that appropriate state agencies, as determined by the Commissioner of State Lands, shall have an opportunity to assume control over the islands.
(c)
It is also the intent of this subchapter that when any state agency accepts the duties and responsibility of operating, managing, or developing any island, the agency shall have the authority to permit and regulate activities upon the lands, including the cutting of timber. The agency may use or permit the use of the lands for such purposes as it shall deem appropriate.
(d)
It is further the intent of this subchapter to establish the policy that all submerged lands following the navigable waterways of this state shall remain in the state domain. "Submerged lands" shall be those lands found at and below the line of ordinary highwater and shall include, but not be limited to, the beds, channels, chutes, and adjoining areas of rivers, lakes, and streams.
Acts 1971, No. 148, § 4; A.S.A. 1947, § 10-613; Acts 1991, No. 807, § 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 2 - ISLANDS (§§ 22-6-201 — 22-6-205) › Section 22-6-202 - Title and administration of islands and submerged lands

(a)
Except as provided in §
22-6-204
, islands formed or that may form in the navigable waters of this state are the property of the state and subject to sale and disposition in the manner and form provided in this subchapter.
(b)
The Commissioner of State Lands may lease, grant, or sell islands or submerged lands and may promulgate rules to implement this section.
(c)
The construction, alteration, or placement of objects below the ordinary high water mark in a navigable river, stream, or lake shall not be permitted without permission from the Commissioner of State Lands.
(d)
The Commissioner of State Lands may:
(1)
Enter into agreements and partnerships with other agencies to carry out the intent of this section;
(2)
Require the removal of an existing structure that occupies the submerged lands of a navigable stream, river, or lake; or
(3)
Require compensation to the Commissioner of State Lands by the owner for the continued use of submerged lands.
(e)
(1)
The Commissioner of State Lands, or at the request of the Commissioner of State Lands, the Attorney General, may institute an action in a court with proper venue and subject matter jurisdiction over submerged lands or the Pulaski County Circuit Court to remove a structure or debris resting on the submerged lands of the navigable waters of the state or to enjoin the construction or placement of a structure upon the submerged lands.
(2)
If a court finds that a structure or debris is on the submerged lands of the state without permission from the Commissioner of State Lands, the court may order the owner of the structure or debris to:
(A)
Remove the structure or debris; and
(B)
Pay the expenses of removing the structure or debris.
(3)
If the structure or debris has been removed by the state or a local government, the judge may order the owner to:
(A)
Reimburse the state or local government for the costs of removal; and
(B)
Pay the state or local government its court costs and reasonable attorney's fees.
Amended by Act 2013, No. 552,§ 1, eff. 8/16/2013.
Acts 1959, No. 452, §§ 1, 4; A.S.A. 1947, §§ 10-601, 10-603; Acts 1991, No. 807, § 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 2 - ISLANDS (§§ 22-6-201 — 22-6-205) › Section 22-6-204 - Confirmation of prior sales

(a)
All sales made by the Commissioner of State Lands pursuant to this subchapter prior to July 1, 1991, are confirmed, and the title of all purchases under the deeds from the Commissioner of State Lands are quieted, established, and confirmed.
(b)
The area described in any of the deeds as being conveyed shall extend only to the line of ordinary highwater and shall not extend to the bed or channels of the chutes or adjoining area which lies below the line of ordinary highwater, the title to which formations below the line of ordinary highwater is reserved in the State of Arkansas.
Acts 1933, No. 25, § 3; A.S.A. 1947, § 10-609; Acts 1991, No. 807, § 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 2 - ISLANDS (§§ 22-6-201 — 22-6-205) › Section 22-6-205 - Objects of antiquity on submerged lands property of state - Exceptions - Definition

(a)
As used in this section, "object of antiquity" includes without limitation property lost or abandoned for twenty-five (25) years or more.
(b)
An object of antiquity found in the submerged lands of the state and not claimed by the United States Government or protected under the Native American Graves Protection and Repatriation Act,
25 U.S.C. § 3001
et seq., shall be the property of the state and be held in trust by the Commissioner of State Lands.
(c)
A person removing an object of antiquity without permission of the Commissioner of State Lands is guilty of theft of property under §
5-36-103
.
(d)
The Commissioner of State Lands may:
(1)
Work with state or federal agencies to study, protect, and remove an object of antiquity; and
(2)
Transfer or entrust a state or federal agency or federally recognized Indian tribe to take possession of property removed from submerged lands owned by the state.
Added by Act 2013, No. 552,§ 2, 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 3 - SCHOOL LANDS (§§ 22-6-301 — 22-6-306) › Section 22-6-301 - Sale by county court on application

(a)
It shall be lawful for the county court of any county in which any permanent school lands and lots, as defined in §
22-6-111
, are situated to order the lands or lots sold at public auction by the sheriff, in legal subdivisions, upon the application of any person who may desire to purchase the lands or lots and who will deposit with the clerk of the court a sum sufficient to pay the costs of the appraisement, the estimate of the timber thereof, if any, and its commercial value, the survey thereof if one is necessary, and the advertisement and other costs of sale.
(b)
The applicant shall also file a written guaranty that he or she will bid at the sale at least two dollars and fifty cents ($2.50) per acre if the acreage is land and the full appraised value if the acreage is in lots.
(c)
The applicant shall not, by reason of his or her application and deposit, acquire any preference right to purchase the land or lots at the sale, but when the sale of the land or lots is approved, the deposit so made shall be repaid out of the purchase price whether the applicant is the purchaser or not, except that if the lands should not be sold because of the failure of the applicant to make and complete his or her guaranty bid, the deposit made by him or her for the cost of sale shall be forfeited and not repaid.
Acts 1919, No. 344, § 2; C. & M. Dig., § 9104; Pope's Dig., §§ 8760, 11740; A.S.A. 1947, § 10-701.
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 3 - SCHOOL LANDS (§§ 22-6-301 — 22-6-306) › Section 22-6-302 - Appraisers

(a)
The county court shall appoint three (3) disinterested householders of the county who are familiar with real estate values to view and appraise the lands and lots and cause the timber, if any on the land, to be estimated.
(b)
Each appraiser shall take an oath, which shall be filed in the court, that he or she does not desire or intend to buy the land or lots or any part thereof and that he or she will not directly or indirectly be or become interested in the purchase thereof at the sale to be made by the sheriff.
(c)
Each appraiser shall receive for his or her services the sum of one dollar and fifty cents ($1.50) for each day he or she is engaged in such service.
Acts 1919, No. 344, § 3; C. & M. Dig., § 9106; Pope's Dig., §§ 8762, 11742; A.S.A. 1947, § 10-703.
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 3 - SCHOOL LANDS (§§ 22-6-301 — 22-6-306) › Section 22-6-303 - Notice of sale - Terms

(a)
The sheriff shall give notice by publication in some newspaper published in the county where the land is situated, at least four (4) weeks before the day of sale, that he or she will sell the land or lots at the courthouse door.
(b)
Upon the day of the sale, the sheriff shall offer the lands or lots at public auction in separate legal subdivisions, if land, and by separate lots, if town lots.
(c)
The sale shall be between the hours of 10:00 a.m. and 3:00 p.m. but may be continued from day to day, at the county courthouse door and between the same hours, until all has been sold or offered.
(d)
All sales shall be for cash.
(e)
If any bidder shall fail to perfect his or her bid by paying the cash, the sheriff shall resell the land, and the bidder shall be responsible for the difference between his or her bid and the price for which the land sold, which may be recovered from him or her in an action for the use and benefit of the permanent school fund.
(f)
If any tract of land or lot is not sold, it may be offered again as provided in this section until sold without a new application.
Acts 1919, No. 344, § 4; C. & M. Dig., § 9107; Pope's Dig., §§ 8763, 11743; A.S.A. 1947, § 10-704.
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 3 - SCHOOL LANDS (§§ 22-6-301 — 22-6-306) › Section 22-6-304 - Rejection or confirmation - Disposition of purchase money - Deed by Commissioner of State Lands

(a)
The sheriff shall report without delay all sales to the county court, which may reject or confirm the sale.
(b)
If any sale is rejected, the county court may direct the sheriff to again advertise and offer the land or lots for sale.
(c)
If the sale is confirmed by the court, the sheriff shall execute and deliver to the purchaser a certificate showing that he or she has purchased the land and the price paid for the land.
(d)
(1)
Out of the purchase price, the sheriff shall pay the cost of the sale, retaining for his or her services two percent (2%) of the gross amount received by him or her for the sale of the land, and immediately transmit the balance of the purchase price to the county treasurer of the county for and on account of the school districts located in the township in which the land is located and to be distributed to the districts in the proportion that the territory of each district within the township bears to the total territory of the township.
(2)
The school districts shall use the funds for any school purposes, including construction of buildings and retirement of bonds.
(e)
(1)
Upon presentation of the certificate of purchase to the Commissioner of State Lands, the purchaser of the lands or lots, as the case may be, and his or her heirs or assigns, shall be entitled to a deed from the Commissioner of State Lands for the land or lots described in the certificate, and the Commissioner of State Lands is authorized to make conveyance of any land or lots sold under and by virtue of this subchapter.
(2)
The Commissioner of State Lands shall keep a full and complete record of all such sales and of the deeds so issued and shall keep as correct records of sales as the reports made to him or her may enable him or her to do.
Acts 1885, No. 103, §§ 8, 18, p. 162; 1919, No. 344, § 5; C. & M. Dig., §§ 9108, 9110, 9113; Pope's Dig., §§ 8764, 8766, 11744, 11746, 11749; Acts 1955, No. 58, § 1; A.S.A. 1947, §§ 10-705, 10-706, 10-709.
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 3 - SCHOOL LANDS (§§ 22-6-301 — 22-6-306) › Section 22-6-305 - Certification of purchase money - Penalty

(a)
Immediately after each sale of any part of school lands and lots under this subchapter, each county clerk shall certify to the Auditor of State the amount of moneys received by the sheriff on account of the sale, and the Auditor of State shall charge this amount to the sheriff.
(b)
Neglect, failure, or refusal by any county clerk to perform duties enjoined upon him or her by this section is a violation, and upon conviction the county clerk shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense and may be removed from office.
Amended by Act 2023, No. 179,§ 1, eff. 8/1/2023.
Acts 1885, No. 103, §§ 10, 11, p. 162; C. & M. Dig., §§ 9111, 9112; Pope's Dig., §§ 8767, 8768, 11747, 11748; A.S.A. 1947, §§ 10-707, 10-708.
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 3 - SCHOOL LANDS (§§ 22-6-301 — 22-6-306) › Section 22-6-306 - Sale where no inhabitants in township

(a)
Whenever there may be in the State of Arkansas any school lands or lots situated in any county in this state, and in a congressional township, or fraction thereof, where no inhabitants reside, any adult inhabitant of the county, by written petition properly verified by the affidavit of the petitioner together with the affidavits of three (3) other adult inhabitants of the county and setting forth that there are no inhabitants residing in the congressional township or fraction thereof situated in the county may require the collector of taxes or, if there is no collector, the sheriff of the county wherein the land is situated, to sell the land.
(b)
Sales of any lands under this section shall be made in the same manner as sales of other school lands or lots under this subchapter.
Acts 1919, No. 330, § 1; C. & M. Dig., § 9105; Pope's Dig., §§ 8761, 11741; A.S.A. 1947, § 10-702.
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 4 - SWAMP AND OVERFLOWED LANDS (§§ 22-6-401 — 22-6-406) › Section 22-6-401 - Authority to sell

The Commissioner of State Lands shall have full power and authority to sell lands granted by the United States Congress to this state under the designation, "swamp and overflowed lands", and, in making the sales, he or she shall be governed by the provisions of this subchapter which may be in force at the time of sale.
Acts 1937, No. 128, § 1; Pope's Dig., § 8750; A.S.A. 1947, § 10-801.
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 4 - SWAMP AND OVERFLOWED LANDS (§§ 22-6-401 — 22-6-406) › Section 22-6-403 - Conveyance

(a)
When the report of the appraisers has been filed with the Commissioner of State Lands, he or she shall notify the applicant of the value of the land as fixed by the appraisers and, upon the applicant's paying into the State Treasury the value of the lands as determined by the report of the appraisers and presenting his or her receipt to the Commissioner of State Lands, the Commissioner of State Lands shall issue a patent conveying to the applicant all the right, title, interest, and claim which the State of Arkansas may have acquired in and to the lands by virtue of 9 Stat. 519, Ch. 84.
(b)
In no event shall any of the lands known as swamp and overflowed lands in this state be sold for less than two dollars and fifty cents ($2.50) per acre.
(c)
Should the applicant fail and neglect to pay into the State Treasury within a period of six (6) months from the date of the filing of the appraisers' report with the Commissioner of State Lands the amount necessary to purchase the lands, the Commissioner of State Lands may thereafter, for a period of three (3) years from the date of the filing of the appraisers' report, convey the land to any other person who may apply to purchase the land and pay into the State Treasury the price therefor as determined by the appraisers.
(d)
If the land is not sold within three (3) years after the date of the filing of the appraisers' report with the Commissioner of State Lands, it cannot thereafter be sold or conveyed to anyone by the Commissioner of State Lands until the land has been reappraised in like manner as provided by this subchapter.
Acts 1937, No. 128, § 4; Pope's Dig., § 8753; A.S.A. 1947, § 10-804.
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 4 - SWAMP AND OVERFLOWED LANDS (§§ 22-6-401 — 22-6-406) › Section 22-6-404 - Preemption rights

(a)
Any person who, either in person or by and through his or her tenants, resides on or cultivates any of the swamp and overflowed lands which may have been confirmed to the state shall have a preemption right to the lands to be proved as provided in this section.
(b)
Should the person, firm, or corporation making an application to purchase the lands show by affidavit of at least three (3) reliable and disinterested persons that he or she, either in person or by and through his or her tenants, is in actual possession of the lands under color of title and that he or she and those under whom he or she claims title have been in the actual possession thereof for more than fifteen (15) years prior to the passage of this subchapter together with the certificate of the clerk of the county court showing that the lands described in the petition of the applicant have been regularly assessed on the tax books of the county in which they are located for more than twenty (20) years prior to the passage of this subchapter, and that the taxes so assessed have been paid by the applicant or those under whom he or she claims title, then the Commissioner of State Lands shall execute a deed or patent conveying to the applicant all the right, title, claim, and interest which the State of Arkansas may have acquired in and to the lands upon the applicant's paying into the State Treasury the sum of one dollar ($1.00) per acre for the lands described in his or her application, together with a fee of one dollar ($1.00) to the Commissioner of State Lands for the execution of the deed.
Acts 1937, No. 128, § 5; Pope's Dig., § 8754; A.S.A. 1947, § 10-805.
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 4 - SWAMP AND OVERFLOWED LANDS (§§ 22-6-401 — 22-6-406) › Section 22-6-405 - Conflicting claims

(a)
When there are conflicting claims to swamp and overflowed lands, the Commissioner of State Lands may administer oaths and shall decide, upon proper notice to the parties and upon hearing testimony and statements under oath, to whom the patent certificate shall be issued in accordance with the law on the subject and shall issue the patent certificate accordingly.
(b)
Should the other party whose claim is not allowed desire a certificate for the Auditor of State, upon which to have the amount paid by him or her for the land refunded, the Commissioner of State Lands shall issue the necessary certificate to enable him or her to do so, upon his or her surrendering his or her original certificate to the Commissioner of State Lands.
Acts 1855, § 5, p. 202; C. & M. Dig., § 6765; Pope's Dig., § 8697; A.S.A. 1947, § 10-807.
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 4 - SWAMP AND OVERFLOWED LANDS (§§ 22-6-401 — 22-6-406) › Section 22-6-406 - Disposition of moneys

All moneys paid into the State Treasury for the purchase of swamp and overflowed lands shall be appropriated by the General Assembly for purposes which shall not be inconsistent with the provisions of the terms of 9 Stat. 519, Ch. 84.
Acts 1937, No. 128, § 6; Pope's Dig., § 8755; A.S.A. 1947, § 10-806.
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 5 - TAX-FORFEITED LANDS (§§ 22-6-501 — 22-6-504) › Section 22-6-502 - Oil, gas, and mineral rights

(a)
Where tax-forfeited lands are disposed of by the state by return to private ownership by sale or redemption, the oil, gas, and mineral rights shall be a part of the fee and shall be conveyed with it, and the deeds shall not contain any restrictive covenants or reservations relative to the oil, gas, and mineral rights.
(b)
Where tax-forfeited lands have previously been leased for oil and gas purposes and the lease is still in effect, a return of the lands to private ownership by sale or redemption shall not affect the validity of the existing lease, but at the expiration thereof, the oil, gas, and mineral rights of the lands shall attach and become a part of the fee and pass to the owner of the fee.
(c)
Oil, gas, and mineral rights in tax-forfeited lands which have been reserved in any deed from the state conveying the lands shall immediately pass to the present owners of the fee title to the lands. This provision shall not terminate any existing lease on such rights, but at the expiration of any existing lease, the rights shall pass to the owner of the fee.
(d)
When so requested by the owner of any lands conveyed under the provisions of §§
22-5-206
,
22-5-301
-
22-5-304
, §
22-5-305
[repealed], §
22-5-307
, and §§
22-5-308
-
22-5-311
[repealed], in which the coal, oil, gas, and mineral rights were reserved to the State of Arkansas, the Commissioner of State Lands shall, upon the filing of an affidavit of ownership of the surface rights so sold and the payment of a deed fee of five dollars ($5.00), issue to the owner of the lands a deed quitclaiming all interest of the State of Arkansas in and to all the coal, oil, gas, and mineral rights reserved in the deeds in the proportion that the surface rights in the lands owned bear to the whole tract sold.
Acts 1943, No. 94, §§ 1, 2; 1945, No. 266, § 1; A.S.A. 1947, §§ 10-931 -- 10-933.
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 5 - TAX-FORFEITED LANDS (§§ 22-6-501 — 22-6-504) › Section 22-6-503 - Recording in county - Fees

(a)
All deeds issued by the Commissioner of State Lands for lands, including city and town lots which have been certified for the nonpayment of taxes, shall be forwarded or delivered to the recorder of the county in which the lands, including city and town lots, are located, and the recorder shall record the deeds prior to their delivery to the purchaser or redeemer.
(b)
Fees for recording the deeds shall be paid by the purchaser or redeemer at the time of making application to purchase or redeem the lands.
Acts 1959, No. 221, § 1; A.S.A. 1947, § 10-942.
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 5 - TAX-FORFEITED LANDS (§§ 22-6-501 — 22-6-504) › Section 22-6-504 - Refund when state's title fails

(a)
The Arkansas State Claims Commission is authorized and empowered to make refunds of amounts received by the state for the purchase or redemption of tax-forfeited lands or of funds received by the state from the sale of islands when it has been determined by the commission that the State of Arkansas has no further right, title, interest, or claim in or to the land or islands.
(b)
No refund for more than one thousand dollars ($1,000) may be made under this section to any one (1) individual, firm, or corporation during any fiscal year.
(c)
One who claims a refund under this section shall furnish to the commission evidence which satisfies the commission that he or she is entitled to a refund and that the claimant has made diligent effort, where title failed by reason of a court proceeding, to require the plaintiff to pay all sums due the state at the time of sale by the state.
(d)
Any claimant for a refund of purchase money shall be chargeable with the value of any timber, stone, or mineral or other thing of value sold, destroyed, or removed from the lands or islands involved.
(e)
No refund shall be made under this section except the amount in excess of the sum legally due the state at the time of purchase or redemption.
(f)
Any taxes or sums in lieu thereof, paid by anyone since the sale to the state, shall not be included in the amount, if any, determined to be due the state.
(g)
The commission shall in each case determine the amount that should be refunded under the provisions of this section.
(h)
The Director of the Arkansas State Claims Commission is designated the disbursing officer for the purpose of carrying out the provisions of this section.
Acts 1965, No. 345, §§ 1-5; A.S.A. 1947, §§ 10-934 -- 10-938.
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 6 - LANDS OF STATE INSTITUTIONS (§§ 22-6-601 — 22-6-603) › Section 22-6-602 - Reimbursement of counties for use of lands

(a)
It is declared the policy of the State of Arkansas to reimburse, annually or biennially, the counties from which the State of Arkansas has acquired or may acquire title to, or use of, acreage farm lands aggregating more than one thousand (1,000) acres for the use of its penal farms or other state institutions in the proportion that the value of the acreage acquired or used bears to the total real value of the counties.
(b)
The benefit assessment on all of the state's acquired acreage shall be in favor of any and all improvement districts comprising the lands.
Acts 1937, No. 317, § 2; Pope's Dig., § 12806; A.S.A. 1947, § 7-106.
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 6 - LANDS OF STATE INSTITUTIONS (§§ 22-6-601 — 22-6-603) › Section 22-6-603 - Donation of lands for highway uses

(a)
The respective boards charged with the management or control of the charitable, penal, or correctional institutions and institutions of higher education of the State of Arkansas and other agencies of the state are authorized and empowered to donate, without compensation to the public, rights-of-way over or along lands under the control of the boards or agencies to counties, municipalities, road districts, or other public agencies for use as public highways, roads, or streets, when, in the discretion of the respective governing bodies of the state institutions and agencies, it may be deemed necessary or proper.
(b)
The donations may be upon such terms, restrictions, or conditions as the boards or agencies may impose, and the boards and agencies are empowered to execute deeds or conveyances for the rights-of-way.
Acts 1931, No. 199, § 1; Pope's Dig., § 8746; Acts 1945, No. 232, § 1; A.S.A. 1947, § 7-107.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 1 - GENERAL PROVISIONS (§§ 22-7-101 — 22-7-102) › Section 22-7-101 - Purchase of real property by United States - Limited cession of jurisdiction - Right to tax

(a)
The State of Arkansas consents to the purchase by the United States of any site or ground for the erection of any armory, arsenal, fort, fortification, navy yard, customhouse, lighthouse, lock, dam, fish hatchery, or other public buildings of any kind.
(b)
The jurisdiction of this state within and over all grounds purchased by the United States within the limits of this state is ceded to the United States, except that this cession of jurisdiction shall not prevent execution of any process of this state, civil or criminal, upon any person who may be on these grounds.
(c)
This state releases and relinquishes its right to tax any site, grounds, or real estate, and all improvements which may be there or erected there during the time the United States remains the owner thereof.
Acts 1903, No. 180, §§ 1, 2, p. 346; C. & M. Dig., §§ 4564, 4565; Pope's Dig., §§ 5644, 5645; A.S.A. 1947, §§ 10-1101, 10-1102.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-201 - National cemeteries

The jurisdiction of this state within and over all lands purchased by the United States on which national cemeteries may be established within the limits of this state is ceded to the United States so far as the permanent enclosures of such national cemeteries may extend and no further.
Acts 1867, No. 60, § 1, p. 153; C. & M. Dig., § 4553; Pope's Dig., § 5633; A.S.A. 1947, § 10-1104.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-202 - National forests generally

(a)
The consent of the State of Arkansas is given to the acquisition by the United States, by purchase, by exchange, or otherwise with adequate compensation, of such land in Arkansas as, in the opinion of the United States Government, may be needed for the establishment, consolidation, and extension of national forests in the state for the purpose of the Weeks Law.
(b)
No owner of land which the United States proposes to acquire under the provisions of this section shall be required to sell by institution of proceedings for condemnation, except for such tracts as are needed for access, rights-of-way, those having a peculiar recreational or scenic value, and other such uses in the public interest.
(c)
Power is conferred upon the United States Congress to pass laws and to make, or provide for the making of, such rules and regulations of both a civil and criminal nature, and provide punishment for the violation thereof as, in its judgment, may be necessary for the administration, control, and protection of any lands acquired under the provisions of this section.
Acts 1917, No. 148, §§ 1, 2, p. 797; C. & M. Dig., §§ 4566, 4567; Acts 1927, No. 108, §§ 1, 2; Pope's Dig., §§ 5646, 5647; Acts 1963, No. 204, § 1; 1967, No. 657, § 1; A.S.A. 1947, §§ 10-1105, 10-1106.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-203 - National forests - Fish and game regulations

(a)
The consent of the State of Arkansas is given to the making by the United States Congress, or under its authority, of all such rules and regulations as the United States Government may determine to be needful in respect to game animals and game and nongame birds and fish on, in, or over national forestlands within the State of Arkansas.
(b)
The rules and regulations must be approved by the Arkansas State Game and Fish Commission before they can be enforced.
(c)
The authority to enforce concurrent rules and regulations is extended jointly to the United States Government and to the commission.
Acts 1925, No. 230, § 1; Pope's Dig., §§ 5648, 6000; Acts 1941, No. 272, § 1; A.S.A. 1947, § 10-1107.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-204 - National forests - Sale of tax-forfeited lands to United States Forest Service

(a)
Upon application of any duly authorized person of the United States Forest Service to purchase tax-forfeited lands lying within or contiguous to any national forest for the purpose of adding the lands to the national forest, the Commissioner of State Lands shall set aside and withhold the lands from sale for such time as may be necessary for the United States Government to perfect its title in and to the lands.
(b)
The act of the Commissioner of State Lands to set aside the land shall vest title in the United States to the extent that title in the lands can be perfected.
(c)
Immediately upon the perfection and approval of the title in the lands, the purchaser shall comply with the provisions of §§
26-37-101
-
26-37-105
,
26-37-201
-
26-37-205
, and
26-37-301
-
26-37-303
, and, thereupon, the Commissioner of State Lands shall issue his or her deed conveying to the purchaser all the rights, title, and interest of the State of Arkansas in and to the lands.
Acts 1935, No. 88, §§ 1, 2; Pope's Dig., §§ 8722, 8723; A.S.A. 1947, §§ 10-1108, 10-1109.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-205 - Ouachita National Forest and Ozark National Forest - Sale of school or tax lands

(a)
The Commissioner of State Lands is authorized, at his or her discretion, to negotiate with the representatives of the United States Government for the sale of all or any part of the school or tax lands situated within the Ouachita National Forest and Ozark National Forest. Upon reaching a satisfactory price agreement, he or she is authorized to give options, to sign purchase contracts, to execute deeds to the United States or its authorized representative, and to accept payment for the lands but only if the sales are made at a price of not less than two dollars and fifty cents ($2.50) per acre.
(b)
No land shall be sold to the United States Government for less than its appraised value, with such value to be ascertained and such sale to be made as provided by law for the sale of state and school lands.
(c)
Nothing in this section shall be construed to prohibit land being sold to private parties in the manner provided by law unless under the control of and option to the United States Government and during the term of the option, except that no such lands shall be sold for less than two dollars and fifty cents ($2.50) per acre.
Acts 1919, No. 533, § 1; C. & M. Dig., § 6786; Pope's Dig., § 8721; A.S.A. 1947, § 10-1110.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-206 - Waterfowl and wildlife refuges

(a)
For the purpose of more effectively cooperating with the United States in the acquisition, development, and maintenance of refuges for migratory waterfowl and other wildlife, consent is granted to the United States to acquire, by purchase, condemnation, gift, lease, or exchange, lands and waters within the State of Arkansas which the United States Secretary of Agriculture may deem necessary and suitable in furtherance of the Migratory Bird Treaty, the Migratory Bird Treaty Act, and the Migratory Bird Conservation Act.
(b)
The jurisdiction of the State of Arkansas, both civil and criminal, over persons in the areas acquired and on privately owned property thereon shall not be affected or changed by reason of their acquisition and administration by the United States as migratory waterfowl and other wildlife reservations, except insofar as the punishment of offenses against the United States is concerned.
(c)
Nothing in this section is intended to interfere with the operation of the game laws of the State of Arkansas applying to migratory game birds, insofar as they do not permit what is forbidden by federal law.
Acts 1937, No. 114, § 1; Pope's Dig., § 5999; A.S.A. 1947, § 10-1111.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-207 - Submarginal land

(a)
The Commissioner of State Lands is authorized and empowered to grant and convey to the United States Government, or to any duly constituted agency thereof, all state lands owned by the State of Arkansas in any area designated as a submarginal land project when the Commissioner of State Lands has been officially notified by the proper government authority that the project has proceeded to the stage where it is necessary and proper for the state to execute and deliver the conveyance.
(b)
The state shall convey only such right in and to the lands as it may hold therein, and it shall not be liable on account of the failure of title of any of the lands.
Acts 1935, No. 181, §§ 1, 2; Pope's Dig., §§ 8747, 8748; A.S.A. 1947, §§ 10-1112, 10-1113.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-208 - Building site - Little Rock

(a)
The State of Arkansas consents to the purchase by the United States of a site for public buildings mentioned in 17 Stat. 280, Ch. 324, and cedes jurisdiction to the United States over any lot, parcel, or block of ground within the corporate limits of the City of Little Rock, not exceeding in area three hundred feet (300') square, which may be purchased by the United States as a site for a building for the accommodation of the United States circuit and district courts, post office, internal revenue, and other government offices, under 17 Stat. 280, Ch. 324.
(b)
The state releases and relinquishes its right to tax the site and all improvements which may be thereon during the time the United States remains the owner thereof, except that this cession of jurisdiction shall not prevent the execution of any process of this state, civil or criminal, on any person who may be on such site.
Acts 1873, No. 10, § 1, p. 11; C. & M. Dig., § 4554; Pope's Dig., § 5634; A.S.A. 1947, § 10-1114.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-209 - Building site - Helena

The State of Arkansas consents to the purchase by the United States of a site for a public building mentioned in 25 Stat. 84, Ch. 80, and cedes to the United States exclusive jurisdiction over any lot or block of ground within the corporate limits of the City of Helena, not exceeding in area three hundred sixty feet (360') square, which may be so purchased by the United States, during the time the United States remains the owner thereof, for all purposes except the administration of the criminal laws of the state and the service of civil process therein.
Acts 1889, No. 11, § 1, p. 9; C. & M. Dig., § 4555; Pope's Dig., § 5635; A.S.A. 1947, § 10-1115.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-210 - Building site - Texarkana

The State of Arkansas consents to the purchase by the United States of a site for a public building mentioned in 25 Stat. 87, Ch. 128, and cedes to the United States exclusive jurisdiction over any lot or block of ground within the corporate limits of the City of Texarkana, not exceeding in area three hundred sixty feet (360') square, which may be so purchased by the United States, during the time the United States remains the owner thereof, for all purposes except the administration of the criminal laws of the state and the service of civil process therein.
Acts 1889, No. 40, § 1, p. 55; C. & M. Dig., § 4559; Pope's Dig., § 5639; A.S.A. 1947, § 10-1116.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-211 - Building site - Camden

The State of Arkansas consents to the purchase by the United States of a site for a public building mentioned in 26 Stat. 702, Ch. 39, and cedes to the United States exclusive jurisdiction over any lot or block of ground within the corporate limits of the City of Camden, not exceeding in area three hundred sixty feet (360') square, which may be so purchased by the United States, during the time the United States remains the owner thereof, for all purposes except the administration of the criminal laws of the state and the service of civil process therein.
Acts 1891, No. 19, § 1, p. 18; C. & M. Dig., § 4560; Pope's Dig., § 5640; A.S.A. 1947, § 10-1117.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-212 - Cession of jurisdiction - Certain property in Fort Smith

(a)
The jurisdiction of the state within and over block number five hundred fourteen (514), in the military reservation addition to the City of Fort Smith, Arkansas, as it is marked and designated by the field notes on file in the mayor's office and known as part of the abandoned military reservation at Fort Smith, donated to the city by the United States by 23 Stat. 19, Ch. 43, is ceded to the United States, so far as the limits of the block shall extend and no further.
(b)
The jurisdiction of the State of Arkansas is ceded to the United States over the block of ground situated between Rogers and Parker Avenues and Second and Third Streets, as it is marked and described on the map and plat of the reserve addition to the City of Fort Smith. The ground is a rectangular block three hundred feet (300') by two hundred ninety feet, two and three-quarter inches (290' 2¾"), upon which block is located the public buildings known as the United States Jail and Hospital, which block of ground and buildings situated thereon belong to the United States.
(c)
The jurisdiction of the State of Arkansas is ceded to the United States over the national cemetery and one hundred feet (100') around the walls of the cemetery, the cemetery being reserved as the property of the United States by 23 Stat. 19, Ch. 43, all of the land being under enclosure.
Acts 1889, No. 20, § 1, p. 19; 1903, No. 114, § 1, p. 191; C. & M. Dig., §§ 4556, 4557; Pope's Dig., §§ 5636, 5637; A.S.A. 1947, §§ 10-1118, 10-1119.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-213 - Acquisition of land in Pulaski County for military purposes

(a)
The consent of the State of Arkansas is granted to the United States to purchase or acquire real property of not more than one thousand five (1,005) acres in extent in Pulaski County in this state for the purpose of a military post, fort, arsenal, or reservation.
(b)
Exclusive jurisdiction over the military post, fort, arsenal, or reservation, and the territory thereof, is ceded to the United States to be exercised so long as it remains the property of the United States.
(c)
The State of Arkansas releases and relinquishes its right to tax the site and all improvements thereon, during the time the United States remains the owner thereof, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be on the reservation or premises.
Acts 1893, No. 35, §§ 1-3, p. 52; C. & M. Dig., §§ 4561-4563; Pope's Dig., §§ 5641-5643; A.S.A. 1947, §§ 10-1120 -- 10-1122.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-214 - Hot Springs National Park - Hot Springs Mountain

(a)
Exclusive jurisdiction over that part of the Hot Springs National Park known and described as part of the Hot Springs Mountain, and whose limits are particularly described by the following boundary lines: Commencing at stone monument number seven (7) set upon the west line of Reserve Avenue and marking the boundary line of Hot Springs Mountain, and running thence in a northwesterly direction to a point upon the south line of Fountain Street to a stone monument numbered forty-two (42) and marking the boundary line of Hot Springs Mountain, thence along the south line of Fountain Street to its intersection with Central Avenue or to stone monument number thirty-three (33), thence south along the east line of Central Avenue to where it is intersected by Reserve Avenue at stone monument number thirty (30), thence along the north boundary line of Reserve Avenue to stone monument number seven (7), the point of commencement, all in township two (2) south, range nineteen (19) west, in the County of Garland, State of Arkansas, being a part of the permanent United States Hot Springs Reservation, is ceded to the United States to be exercised so long as it shall remain the property of the United States, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be on the reservation or premises.
(b)
The right to tax all structures and other property in private ownership on the Hot Springs National Park accorded the state by 26 Stat. 844, Ch. 533, § 5, is reserved to the State of Arkansas.
Acts 1903, No. 30, § 1, p. 52; C. & M. Dig., § 4558; Pope's Dig., § 5638; A.S.A. 1947, § 10-1123.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 7 - FEDERAL PROPERTY IN ARKANSAS (§§ 22-7-101 — 22-7-306) › Subchapter 2 - PARTICULAR PROPERTIES (§§ 22-7-201 — 22-7-230) › Section 22-7-215 - Hot Springs National Park - Block 82

(a)
Exclusive jurisdiction over that part of the Hot Springs National Park known and described as block eighty-two (82) on the official plat of the United States Hot Springs Commission is ceded to the United States to be exercised so long as it shall remain the property of the United States, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be in the park or premises.
(b)
The right to tax all structures and other property in private ownership on the Hot Springs National Park, accorded the state by 26 Stat. 844, Ch. 533, § 5, is reserved to the State of Arkansas as respects the tract ceded.
Acts 1921, No. 56, § 1; Pope's Dig., § 5649; A.S.A. 1947, § 10-1124.