Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 584 of the Regular Session
 1   State of Arkansas                   As Engrossed:       H3/17/21
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                             HOUSE BILL 1443
 4
 5   By: Representative Bentley
 6   By: Senator G. Stubblefield
 7
 8                                     For An Act To Be Entitled
 9                  AN ACT TO AMEND ARKANSAS LAW RELATED TO THE
10                  MANAGEMENT AND SALE OF TAX-DELINQUENT LANDS BY THE
11                  COMMISSIONER OF STATE LANDS; AND FOR OTHER PURPOSES.
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13
14                                                 Subtitle
15                           TO AMEND ARKANSAS LAW RELATED TO THE
16                           MANAGEMENT AND SALE OF TAX-DELINQUENT
17                           LANDS BY THE COMMISSIONER OF STATE LANDS.
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19
20   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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22          SECTION 1.       Arkansas Code  22-6-101 is repealed.
23          22-6-101.        Record of land sales.
24          (a)    In addition to the memorandum of sales or entry of lands to be
25   made upon the maps or plats, the Commissioner of State Lands shall procure a
26   well-bound book in which he or she shall enter each location or purchase of
27   lands and in which he or she shall specify the tract sold, to whom sold, the
28   date of sale, and the price and how paid.
29          (b)    The Commissioner of State Lands shall always discriminate the
30   class to which the lands sold belong.
31          (c)    The Commissioner of State Lands shall make to the Auditor of State
32   quarterly reports of the transactions of his or her office. These reports
33   shall show the class of lands, the number of acres, the price per acre, the
34   amount paid and the kind of funds so paid, together with a report of fees
35   certified to the Treasurer of State by the Commissioner of State Lands.
36
     *DTP130*                                                                    03-17-2021 11:29:06 DTP130
     As Engrossed:       H3/17/21                                                    HB1443
 1        SECTION 2.        Arkansas Code  26-37-201(a)(1), concerning publication of
 2   notice by the Commissioner of State Lands, is amended to read as follows:
 3        (a)(1)     The Commissioner of State Lands shall publish a notice of sale
 4   of land upon which the ad valorem property taxes have not been paid in a
 5   newspaper having general circulation in the county where the land is located.
 6
 7        SECTION 3.        Arkansas Code  26-37-301(c), concerning the notice to an
 8   owner and definitions for the redemption of realty to be sold for taxes, is
 9   amended to read as follows:
10        (c)    As used in this section, subchapter:
11                 (1)(A)     owner "Owner" and interested party mean any person,
12   firm, corporation, or partnership holding title to or an interest in the tax-
13   delinquent land by virtue of a bona fide recorded instrument at the time of
14   certification to the Commissioner of State Lands.
15                          (B)   "Owner" includes:
16                                  (i)    Every owner of the property if the property is
17   owned by joint tenants; and
18                                  (ii)   Either the husband or the wife if the property
19   is owned by tenants by the entirety; and
20                 (2)    Redeemer means:
21                          (A)   The owner of the property who redeems the property by
22   paying all taxes, penalties, interest, and costs; or
23                          (B)   Any other person, firm, corporation, or partnership
24   without an existing ownership interest in the property who redeems the
25   property by paying all taxes, penalties, interest, and costs.
26
27        SECTION 4.        Arkansas Code  26-37-303 is amended to read as follows:
28        26-37-303.        Redemption deed.
29        (a)    If the owner or redeemer redeems the tax-delinquent land, the
30   Commissioner of State Lands shall issue a redemption deed in the name of the
31   owner or redeemer and record it in the county wherein the land is located.
32        (b)    A redemption deed shall:
33                 (1)    Serve as proof that payment under  26-37-302 has been
34   received by the Commissioner of State Lands; and
35                 (2)    Not convey or change the legal ownership to the property
36   redeemed.
                                                 2               03-17-2021 11:29:06 DTP130
     As Engrossed:   H3/17/21                                               HB1443
 1        (c)   The fee for the redemption deed and the fee for recording the deed
 2   shall be borne by the owner or redeemer.
 3
 4
 5                                    /s/Bentley
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 8                                 APPROVED: 4/6/21
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Statutes affected: 
Old version HB1443 Original - 2-8-2021 02:00 PM: 22-6-101, 26-37-201(a)
Old version HB1443 V2 - 3-17-2021 11:30 AM: 22-6-101, 03-17-2021, 26-37-201(a)
HB 1443: 22-6-101, 03-17-2021, 26-37-201(a)
Act 584: 22-6-101, 03-17-2021, 26-37-201(a)