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25-16-708. Appointment of special counsel to collect moneys due state. [Effective until May 1, 2021.]
Arkansas Code — all titles (historical 2020) · legal_authorities
25-16-708. Appointment of special counsel to collect moneys due state. [Effective until May 1, 2021.]
(a) When there shall be past due and unpaid any special license fee, franchise tax, privilege tax, or other moneys due the state by individuals, officers, companies, firms, or corporations, and when in his or her judgment it would be for the best interest of the state to do so, the Attorney General shall have the authority to appoint special counsel to take any steps which shall be necessary for the collection of all those sums which are due and unpaid.
(b) In all cases in which the Attorney General may appoint special counsel under the provisions of this section, the special counsel shall receive a reasonable compensation for his or her services, dependent on recovery, to be fixed by the Attorney General where collection is made without suit, and by the court or judge trying the cause where suits are instituted. The compensation shall in no case be more than twenty-five percent (25%) of the amount recovered.
(c) The venue of all suits contemplated by the provisions of this section shall be in the circuit court of any county in Arkansas where legal service of summons can be made.
(d) In cases in which the Attorney General deems it for the best interest of the state to do so, he or she is given authority to make any compromises of delinquent taxes or moneys, as herein described, as in his or her judgment shall secure for the state the most advantageous settlement.
(e) All moneys collected under the provisions of this section, less the compensation of special counsel fixed under authority of subsection (b) of this section, shall be paid over promptly to the Treasurer of State, who shall issue his or her receipt therefor to the Attorney General.
(f) This sectio
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-708
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:25-16-708
Source file: gov.ar.code.title.25.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 98f2bf9e105f0e74be130f198850f2313dce6fb860cbc4a9ab0c34b842f32ded
Source location: content.xml paragraph 5746
Stored source content
25-16-708. Appointment of special counsel to collect moneys due state. [Effective until May 1, 2021.]
(a) When there shall be past due and unpaid any special license fee, franchise tax, privilege tax, or other moneys due the state by individuals, officers, companies, firms, or corporations, and when in his or her judgment it would be for the best interest of the state to do so, the Attorney General shall have the authority to appoint special counsel to take any steps which shall be necessary for the collection of all those sums which are due and unpaid.
(b) In all cases in which the Attorney General may appoint special counsel under the provisions of this section, the special counsel shall receive a reasonable compensation for his or her services, dependent on recovery, to be fixed by the Attorney General where collection is made without suit, and by the court or judge trying the cause where suits are instituted. The compensation shall in no case be more than twenty-five percent (25%) of the amount recovered.
(c) The venue of all suits contemplated by the provisions of this section shall be in the circuit court of any county in Arkansas where legal service of summons can be made.
(d) In cases in which the Attorney General deems it for the best interest of the state to do so, he or she is given authority to make any compromises of delinquent taxes or moneys, as herein described, as in his or her judgment shall secure for the state the most advantageous settlement.
(e) All moneys collected under the provisions of this section, less the compensation of special counsel fixed under authority of subsection (b) of this section, shall be paid over promptly to the Treasurer of State, who shall issue his or her receipt therefor to the Attorney General.
(f) This section shall not be so construed as to repeal § 22-5-401.
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Arkansas Code — all titles (historical 2020) · legal_authorities
22-5-401. Suits to recover state's property or quiet title.
(a) It shall be the duty of the Attorney General, and any assistant attorney appointed by the Governor on a contingency fee not to exceed twenty-five percent (25%), to institute suit in the name of the state to recover any forgotten, lost, or other outstanding public interest or property or to quiet title to any lands, whether surveyed or unsurveyed, whether known or hereafter discovered, to which the state, either in law or equity, may have or claim title, and which for any reason may not appear on the records of the Commissioner of State Lands.
(b) It shall also be the duty of the Attorney General and any assistant attorney to investigate the records of the Commissioner of State Lands for the purpose of determining whether title has been obtained to any of the state's lands by any illegal or fraudulent methods. If it shall appear that title is held by any person, company, or corporation to any lands through or by any conveyance from the state obtained by fraudulent or false acts or means, statements, or oaths, the Attorney General and assistant attorneys shall institute suit in the proper court to cancel the conveyance and recover those lands.
(c) It shall be the duty of the Attorney General and his or her assistants to make a detailed list and description of any such lands and file the list with the Commissioner of State Lands after the lands shall have been adjudicated as the property of the state.
(d) If suit is brought to recover or quiet title in equity, an order may be obtained for the sale of the land as in the case of sales of lands upon decree in equity, and, after paying expenses, the balance of the purchase money shall be deposited into the State Treasury.
(e) This section shall not apply
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-5-401
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 22-5-401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-16-708. Appointment of special counsel to collect moneys due state. [Effective May 1, 2021.]
(a) When there is past due and unpaid any special license fee, privilege tax, or other moneys due the state by individuals, officers, companies, firms, or corporations, and when in his or her judgment it would be in the best interest of the state to do so, the Attorney General may appoint special counsel to take any steps necessary for the collection of all those sums that are due and unpaid.
(b) In all cases in which the Attorney General may appoint special counsel under the provisions of this section, the special counsel shall receive a reasonable compensation for his or her services, dependent on recovery, to be fixed by the Attorney General where collection is made without suit, and by the court or judge trying the cause where suits are instituted. The compensation shall in no case be more than twenty-five percent (25%) of the amount recovered.
(c) The venue of all suits contemplated by the provisions of this section shall be in the circuit court of any county in Arkansas where legal service of summons can be made.
(d) In cases in which the Attorney General deems it for the best interest of the state to do so, he or she is given authority to make any compromises of delinquent taxes or moneys, as herein described, as in his or her judgment shall secure for the state the most advantageous settlement.
(e) All moneys collected under the provisions of this section, less the compensation of special counsel fixed under authority of subsection (b) of this section, shall be paid over promptly to the Treasurer of State, who shall issue his or her receipt therefor to the Attorney General.
(f) This section shall not be so construed as to repeal § 22-5-401.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-708
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. Same stored citation; legal effect and authority still require review.