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15-73-407. Procedure — Evidence authorizing lease.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-73-407. Procedure — Evidence authorizing lease.
Insofar as § 18-60-401 et seq., relating to the partition of land, is not in conflict with this subchapter, those sections shall apply to the partition of interests in oil and gas leasehold rights on, in, and under lands. However, it shall not be necessary for the circuit court to find that the interests are not susceptible to partition in kind before it shall order the execution of any such oil and gas lease, but it shall be sufficient to justify the execution of the oil and gas lease on and covering the land that the evidence shows:
(1) That it is desirable for the property to be developed as a unit for oil and gas; and
(2) That the value of the interest owned by each of the parties would be more if the property were developed and operated as a unit than if divided.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-73-407
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:15-73-407
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 73e48fad131e5db5d7e17bceb2bcd323857770e1e0b56983a3e1dca5418b5b93
Source location: content.xml paragraph 25249
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15-73-407. Procedure — Evidence authorizing lease.
Insofar as § 18-60-401 et seq., relating to the partition of land, is not in conflict with this subchapter, those sections shall apply to the partition of interests in oil and gas leasehold rights on, in, and under lands. However, it shall not be necessary for the circuit court to find that the interests are not susceptible to partition in kind before it shall order the execution of any such oil and gas lease, but it shall be sufficient to justify the execution of the oil and gas lease on and covering the land that the evidence shows:
(1) That it is desirable for the property to be developed as a unit for oil and gas; and
(2) That the value of the interest owned by each of the parties would be more if the property were developed and operated as a unit than if divided.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-401. Petition — Determination of heirs property — Applicability.
(a) Under this subchapter, any persons having any interest in and desiring a division of land held in joint tenancy, in common, as assigned or unassigned dower, as assigned or unassigned curtesy, or in coparceny, absolutely or subject to the life estate of another, or otherwise, or under an estate by the entirety when the owners have been divorced, except when the property involved is a homestead and occupied by either of the divorced persons, shall file in the circuit court a written petition.
(b)(1) The petition shall contain:
(A) The description of the property;
(B) The names of each party having an interest in the property and the nature and amount of the interest; and
(C) A prayer for:
(i) The division and for a sale of the property if it appears that partition cannot be made without great prejudice to the owners; and
(ii) Any other appropriate relief.
(2) All persons interested in the property who have not united in the petition shall be summoned to appear.
(c)(1) The court shall determine whether or not the property is heirs property as defined in § 18-60-1002.
(2) If the court determines after notice and hearing or otherwise that the property is heirs property, the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., shall, unless all of the cotenants otherwise agree in a record as defined by § 18-60-1002:
(A) Apply to the partition of the property; and
(B) To the extent of any conflict between this subchapter and the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., govern the procedures and rights of the parties concerning the heirs property.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-401
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 18-60-401. This identifies an authority to review, not proof of applicability.