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14-117-425. Trial generally — Sale of land to bidders.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-117-425. Trial generally — Sale of land to bidders.
(a) The suit shall stand for trial at the first term of court after the complaint may be filed if the four (4) weeks shall expire either before the first day of the term or during the term of court to which the suit is brought unless a continuance is granted, for good cause shown, within the discretion of the court. The continuance for good cause shown may be granted as to a part of the lands or defendants without affecting the duty of the court to dispose finally of the others as to whom no continuance may be granted.
(b) In all cases where notice has been properly given as provided in § 14-117-424 and no answer has been filed or, if filed, the cause has been decided for the plaintiff, the court, by its decree, shall grant the relief prayed for in the complaint and shall direct the commissioner to sell the lands described in the complaint at the courthouse door of the county wherein the decree is entered, at public outcry, to the highest and best bidder for cash in hand, after having first advertised the sale weekly for two (2) weeks, consecutively, in some newspaper published in the county, if there is one, and, if there is no newspaper, then that the advertisement be published in some newspaper in an adjoining county. The advertisement may include all lands described in the decree.
(c) If all the lands are not sold on the day as advertised, the sale shall continue from day to day until completed.
(d) The commissioner shall by proper deeds convey to the purchaser the lands so sold. The title to the lands shall thereupon become vested in the purchaser as against all others whomsoever, saving to infants and to insane persons having no guardian or curators, the right they now have by law to appear and except
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-117-425
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-117-425
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9d22d6a966703f76ec88637a36b58b948847d01968a110593387c26d0c9a9086
Source location: content.xml paragraph 28657
Stored source content
14-117-425. Trial generally — Sale of land to bidders.
(a) The suit shall stand for trial at the first term of court after the complaint may be filed if the four (4) weeks shall expire either before the first day of the term or during the term of court to which the suit is brought unless a continuance is granted, for good cause shown, within the discretion of the court. The continuance for good cause shown may be granted as to a part of the lands or defendants without affecting the duty of the court to dispose finally of the others as to whom no continuance may be granted.
(b) In all cases where notice has been properly given as provided in § 14-117-424 and no answer has been filed or, if filed, the cause has been decided for the plaintiff, the court, by its decree, shall grant the relief prayed for in the complaint and shall direct the commissioner to sell the lands described in the complaint at the courthouse door of the county wherein the decree is entered, at public outcry, to the highest and best bidder for cash in hand, after having first advertised the sale weekly for two (2) weeks, consecutively, in some newspaper published in the county, if there is one, and, if there is no newspaper, then that the advertisement be published in some newspaper in an adjoining county. The advertisement may include all lands described in the decree.
(c) If all the lands are not sold on the day as advertised, the sale shall continue from day to day until completed.
(d) The commissioner shall by proper deeds convey to the purchaser the lands so sold. The title to the lands shall thereupon become vested in the purchaser as against all others whomsoever, saving to infants and to insane persons having no guardian or curators, the right they now have by law to appear and except to the proceedings within three (3) years after their disabilities are removed.
(e) In all suits brought under this section and §§ 14-117-423 and 14-117-424, a reasonable attorney's fee shall be taxed in favor of the attorney for the plaintiff, which fee shall be added to the amount of the cost.
(f) In case the board shall fail to commence suit within sixty (60) days after the taxes become delinquent, the holder of any bond or other evidence of indebtedness issued by the district shall have the right to bring suit for the collection of the delinquent assessments. The proceedings in the suit brought by the bondholder or other creditor shall in all respects be governed by the provisions applicable to suits by the board.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-117-423. Delinquencies on tax payment.
(a) If any taxes levied in pursuance of this chapter are not paid at maturity, the collector shall not embrace the taxes in the taxes for which he shall sell the lands, but he shall add to the amount of the tax a penalty of ten percent (10%).
(b) The board shall enforce the collection by chancery proceedings in a court of the county in which the lands are situated having chancery jurisdiction.
(c) The court shall give judgment against the lands for the amount of the taxes and the penalty of ten percent (10%), plus interest on the delinquent taxes and penalty at the rate of six percent (6%) per annum, and all costs of the proceedings.
(d) Such judgments shall provide for the sale of the delinquent lands for cash by a commissioner of the court, after advertisement as set out in § 14-117-425.
(e) The proceedings and judgment shall be in the nature of proceedings in rem, and it shall be immaterial that the ownership of the lands is incorrectly alleged in the proceedings.
(f) The judgment shall be enforced wholly against the lands and not against any other property or estate of the defendants.
(g) All or any part of the delinquent lands for each of the counties may be included in one (1) suit for each county, instituted for the collection of the delinquent taxes, as aforesaid.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-117-423
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-117-423. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-117-424. Notice of pendency of suit.
Notice of the pendency of the suit shall be given by publication weekly for four (4) consecutive weeks before judgment is entered on the sale of the lands in some newspaper published in the county where the suit may be pending, which public notice may be in the following terms:
“Board of Commissioners District vs. Delinquent Lands. All persons having or claiming an interest in any of the following described lands, are hereby notified that suit is pending in the chancery court of County, Arkansas, to enforce the collection of certain taxes on the following list of lands, each supposed owner having been set opposite his or her or its lands, together with the amounts severally due from each to wit: (Then shall follow a list of supposed owners, with a descriptive list of the delinquent lands, and amounts due thereon respectively as aforesaid), and the public notice may conclude in the following form: All persons and corporations interested in the lands are notified that they are required by law to appear within four (4) weeks and make defense to the suit, or the same will be taken for confessed and final judgment will be entered directing the sale of the lands for the purpose of collecting the taxes, together with the payment of interest, penalty and cost allowed by law. Clerk of the Court.”
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Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-117-424
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-117-424. This identifies an authority to review, not proof of applicability.