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26-38-208. Severed mineral rights.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-38-208. Severed mineral rights.
(a)(1) Subject to the additional requirements of this section, this subchapter applies to severed mineral interests that are forfeited and conveyed to the state for the nonpayment of taxes.
(2) As used in this subchapter, “real property”, “parcel”, “parcels”, or “parcel of real property” includes without limitation a severed mineral interest.
(b)(1) Upon filing a suit to confirm title in severed mineral interests, the plaintiff shall:
(A) Undertake a search of the records listed in § 18-60-502 to identify persons entitled to notice; and
(B) Provide notice to all persons that have or claim to have an interest in the severed mineral interests.
(2) The interested persons shall be:
(A) Summoned as defendants in the case; and
(B) Served in the manner required for other civil actions.
(3) At a minimum, the following persons shall be made defendants in a suit to confirm title to severed mineral interests:
(A) All lessors and lessees identified in a recorded and unreleased oil, gas, or mineral lease pertaining to the severed mineral interests;
(B) All persons identified in the county real estate or county tax records as an owner of the severed mineral interests immediately before forfeiture of the severed mineral interests for nonpayment of taxes; and
(C) All heirs, successors, and assigns of the persons described in subdivision (b)(3)(A) or subdivision (b)(3)(B) of this section, if the persons are deceased or have assigned or otherwise transferred their interest in the severed mineral interests.
(c)(1) In any suit to confirm title in severed mineral interests, proof that the forfeiture or conveyance sought to be confirmed is void and not merely voidable is a conclusive defense to the suit.
(2) Proof that the forfei
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-38-208
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:26-38-208
Source file: gov.ar.code.title.26.odt
Pages: Not recorded – Not recorded
Passage SHA-256: be4044c2a51317380e0294e1049c9aa9a36a017259d14072545f81be58e39f1a
Source location: content.xml paragraph 10500
Stored source content
26-38-208. Severed mineral rights.
(a)(1) Subject to the additional requirements of this section, this subchapter applies to severed mineral interests that are forfeited and conveyed to the state for the nonpayment of taxes.
(2) As used in this subchapter, “real property”, “parcel”, “parcels”, or “parcel of real property” includes without limitation a severed mineral interest.
(b)(1) Upon filing a suit to confirm title in severed mineral interests, the plaintiff shall:
(A) Undertake a search of the records listed in § 18-60-502 to identify persons entitled to notice; and
(B) Provide notice to all persons that have or claim to have an interest in the severed mineral interests.
(2) The interested persons shall be:
(A) Summoned as defendants in the case; and
(B) Served in the manner required for other civil actions.
(3) At a minimum, the following persons shall be made defendants in a suit to confirm title to severed mineral interests:
(A) All lessors and lessees identified in a recorded and unreleased oil, gas, or mineral lease pertaining to the severed mineral interests;
(B) All persons identified in the county real estate or county tax records as an owner of the severed mineral interests immediately before forfeiture of the severed mineral interests for nonpayment of taxes; and
(C) All heirs, successors, and assigns of the persons described in subdivision (b)(3)(A) or subdivision (b)(3)(B) of this section, if the persons are deceased or have assigned or otherwise transferred their interest in the severed mineral interests.
(c)(1) In any suit to confirm title in severed mineral interests, proof that the forfeiture or conveyance sought to be confirmed is void and not merely voidable is a conclusive defense to the suit.
(2) Proof that the forfeiture or conveyance sought to be confirmed is merely voidable but not void shall be considered by the court and determined on the facts as justice and equity requires.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-502. Petition.
(a) A claimant shall file in the office of the clerk of the circuit court of the county in which the land is situated a petition describing the land and stating facts which show a prima facie right and title to the land in himself or herself and that there is no adverse occupant thereof.
(b)(1) The petitioner shall initiate a search of the following records in order to identify persons entitled to notice and shall provide notice as required under subdivision (b)(2) of this section:
(A) Land title records in the office of the county recorder;
(B) Tax records in the office of the county collector;
(C) Tax records in the office of the county treasurer;
(D) Tax records in the office of the county assessor;
(E) For an individual, records of the probate court for the county in which the property is located;
(F) For a partnership, partnership records filed with the county clerk; and
(G) For a business entity other than a partnership, business entity records filed with the Secretary of State.
(2)(A) The petitioner shall send notice by certified mail to the last known address in duplicate, with one (1) copy addressed by name to the person entitled to notice and the other copy addressed to “occupant”, and if the certified mail is returned undelivered, the petitioner shall send a second notice by regular mail.
(B) The petitioner shall post a notice of the pending quiet title action conspicuously on the property.
(3) If the petitioner has knowledge of any other person who has, or claims to have, interest in the lands, the petitioner shall so state, and the person or persons shall be summoned as defendants in the case.
(c) The petitioner may embrace in his or her petition as many tracts of land as he or she sees proper so long as they a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-502
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 18-60-502. This identifies an authority to review, not proof of applicability.