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26-38-204. Additional parties to suit — Decree.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-38-204. Additional parties to suit — Decree.
(a) A person, firm, corporation, or improvement district claiming an interest in a parcel of real property adverse to the plaintiff under § 26-38-202 shall join or be made a party and shall have the interest adjudicated in a suit under this subchapter.
(b) If a person, firm, corporation, or improvement district claims that the conveyance of real property to the plaintiff was void, the person, firm, corporation, or improvement district shall tender to the clerk of the circuit court the amount of taxes, penalties, interest, and costs due and owing on the real property.
(c)(1) If the person, firm, corporation, or improvement district made a party defendant to the proceeding under this section establishes a superior claim to all or part of the real property, the decree of the circuit court shall:
(A) Be rendered in favor of the party defendant, with respect to the affected real property;
(B) Order the defendant to pay all taxes, penalties, interest, and costs due on the affected real property;
(C) Order the Commissioner of State Lands to issue a deed of redemption to the party defendant for the affected real property; and
(D) Set aside the transfer from the state to the purchaser, donee, or redemptor of the affected real property.
(2) If the party defendant fails to establish a valid defense, an order so stating will be entered, and the party defendant will be allowed to recover the funds tendered to the clerk under subsection (b) of this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-38-204
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:26-38-204
Source file: gov.ar.code.title.26.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3ce1f3ff896575c470c7ff3eba29c8adda6a5cffca711a5ba5fd942752db26d9
Source location: content.xml paragraph 10449
Stored source content
26-38-204. Additional parties to suit — Decree.
(a) A person, firm, corporation, or improvement district claiming an interest in a parcel of real property adverse to the plaintiff under § 26-38-202 shall join or be made a party and shall have the interest adjudicated in a suit under this subchapter.
(b) If a person, firm, corporation, or improvement district claims that the conveyance of real property to the plaintiff was void, the person, firm, corporation, or improvement district shall tender to the clerk of the circuit court the amount of taxes, penalties, interest, and costs due and owing on the real property.
(c)(1) If the person, firm, corporation, or improvement district made a party defendant to the proceeding under this section establishes a superior claim to all or part of the real property, the decree of the circuit court shall:
(A) Be rendered in favor of the party defendant, with respect to the affected real property;
(B) Order the defendant to pay all taxes, penalties, interest, and costs due on the affected real property;
(C) Order the Commissioner of State Lands to issue a deed of redemption to the party defendant for the affected real property; and
(D) Set aside the transfer from the state to the purchaser, donee, or redemptor of the affected real property.
(2) If the party defendant fails to establish a valid defense, an order so stating will be entered, and the party defendant will be allowed to recover the funds tendered to the clerk under subsection (b) of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
26-38-202. Complaint.
(a) The Commissioner of State Lands on behalf of the State of Arkansas or the purchaser, donee, or redemptor of the real property from the state or the grantees of a purchaser, donee, or redemptor of the real property from the state shall file in the office of the clerk of the circuit court of the county in which the forfeited real property is situated a complaint requesting that title be quieted and confirmed to the real property described in the complaint.
(b)(1) If the Commissioner of State Lands is the plaintiff, the Commissioner of State Lands shall attach to the complaint his or her certified list describing the real property and containing the years and the amounts for which the real property was forfeited.
(2) A purchaser, donee, or redemptor of real property from the state or the grantee of a purchaser, donee, or redemptor of the real property from the state shall attach to the complaint a copy of the limited warranty deed or other documentation evidencing the transfer of the real property from the state to the purchaser, donee, or redemptor or the grantee of a purchaser, donee, or redemptor of the real property from the state.
(c) The complaint may include as many parcels of real property as the Commissioner of State Lands or the purchaser, donee, or redemptor of real property from the state or the grantee of a purchaser, donee, or redemptor of the real property from the state deems proper, so long as all parcels lie within the county.
(d)(1) The certified list is all the proof that is required to show prima facie title in the state.
(2) A limited warranty deed or a donation deed is all the proof that is required to show prima facie title in a purchaser, donee, or redemptor or the grantee of a purchaser, donee, or redemptor of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-38-202
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. The source passage cites 26-38-202. This identifies an authority to review, not proof of applicability.