11 | 9 | | 7 |
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12 | 10 | | For An Act To Be Entitled 8 |
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13 | 11 | | AN ACT TO REPEAL THE LAW CONCERNING THE TRANSFER OF 9 |
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14 | 12 | | TAX-FORFEITED LANDS TO STATE INSTITUTIONS; AND FOR 10 |
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15 | 13 | | OTHER PURPOSES. 11 |
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16 | 14 | | 12 |
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17 | 15 | | 13 |
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18 | 16 | | Subtitle 14 |
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19 | 17 | | TO REPEAL THE LAW CONCERNING THE 15 |
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20 | 18 | | TRANSFER OF TAX-FORFEITED LANDS TO STATE 16 |
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21 | 19 | | INSTITUTIONS. 17 |
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22 | 20 | | 18 |
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23 | 21 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 |
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24 | 22 | | 20 |
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25 | 23 | | SECTION 1. Arkansas Code § 22 -6-501 is repealed. 21 |
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26 | 24 | | 22-6-501. Transfer to state institutions. 22 |
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27 | 25 | | (a)(1) The Commissioner of State Lands is authorized upon application 23 |
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28 | 26 | | of the director of any state department or agency, the management or the 24 |
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29 | 27 | | board of trustees of any state institution, or the chief executive of any 25 |
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30 | 28 | | county, city, or school district of this state to issue to the applying 26 |
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31 | 29 | | governmental unit a deed for land listed on the Commissioner of State Lands' 27 |
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32 | 30 | | records as having been forfeited for the nonpayment of taxes. 28 |
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33 | 31 | | (2) The application shall include the following: 29 |
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34 | 32 | | (A) The proposed use of the land; 30 |
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35 | 33 | | (B) The proposed duration for the stated use; and 31 |
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36 | 34 | | (C) The division or department designated for the 32 |
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37 | 35 | | maintenance and operation of the property once deeded. Moreover, the 33 |
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38 | 36 | | Commissioner of State Lands is authorized to accept the application as 34 |
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39 | 37 | | submitted or recommend modifications to the application. The Commissioner of 35 |
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45 | 41 | | the Commissioner of State Lands to be contrary to the best interests of the 1 |
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46 | 42 | | health and general welfare of the state and its citizens. 2 |
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47 | 43 | | (b)(1) The deed issued by the Commissioner of State Lands to a state 3 |
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48 | 44 | | department or agency, state institution, city, county, or school district may 4 |
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49 | 45 | | contain restrictive covenants or reservations stating that should the 5 |
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50 | 46 | | governmental unit no longer desire to use the land for the proposed use 6 |
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51 | 47 | | stated in the application, said governmental unit shall submit a subsequent 7 |
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52 | 48 | | letter of application to the Commissioner of State Lands to request change in 8 |
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53 | 49 | | the use of the property, and the Commissioner of State Lands shall accept, 9 |
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54 | 50 | | modify, or disallow the request. 10 |
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55 | 51 | | (2) Moreover, should the governmental unit determine that the 11 |
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56 | 52 | | property can no longer be utilized, the property shall revert to the state, 12 |
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57 | 53 | | be held by the Commissioner of State Lands, and be treated as tax -forfeited 13 |
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58 | 54 | | land subject to the powers and authority of the Commissioner of State Lands. 14 |
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59 | 55 | | (3) Because this section applies to the disposition of tax -15 |
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60 | 56 | | forfeited land, § 22 -6-601 shall not apply herewith. 16 |
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61 | 57 | | (c) No consideration shall be required for the transfer except the fee 17 |
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62 | 58 | | of one dollar ($1.00) as required by law. 18 |
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63 | 59 | | (d)(1) All deeds granted by the Commissioner of State Lands prior to 19 |
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64 | 60 | | the passage of this section are confirmed, and the title of all purchases 20 |
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65 | 61 | | under the deeds from the Commissioner of State Lands are quieted, 21 |
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66 | 62 | | established, and confirmed. 22 |
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67 | 63 | | (2) Collection of any outstanding ad valorem property tax 23 |
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68 | 64 | | indebtedness shall be stayed by the Commissioner of State Lands while title 24 |
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69 | 65 | | to the property remains with the governmental unit. 25 |
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70 | 66 | | (3) Should the property revert to the state pursuant to 26 |
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71 | 67 | | subsection (b) of this section, the property may be sold as prescribed by the 27 |
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72 | 68 | | Commissioner of State Lands. 28 |
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73 | 69 | | (e)(1) Land donated by the Commissioner of State Lands under this 29 |
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74 | 70 | | section may be used for any lawful purpose or transferred pursuant to any 30 |
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75 | 71 | | lawful authority of the city or town. 31 |
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76 | 72 | | (2) Owners of property donated to a city or town under this 32 |
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77 | 73 | | section shall not have any right to retain any of the appraised value of the 33 |
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78 | 74 | | property. 34 |
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79 | 75 | | (f) Prior to conveyance of property, the Commissioner of State Lands 35 |
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