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22-6-202. Title and administration of islands and submerged lands.
Arkansas Code — all titles (historical 2020) · legal_authorities
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
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-6-202
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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Record provenance
Stable record: arkansas_code:legal_authorities:22-6-202
Source file: gov.ar.code.title.22.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 96c996d89d3453af7dc3de0da0c36cbd9b25477820a1f733b6cb971383d6483f
Source location: content.xml paragraph 5255
Stored source content
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.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-6-204
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 22-6-204. This identifies an authority to review, not proof of applicability.