Stricken language would be deleted from and underlined language would be added to present law. Act 821 of the Regular Session *JLL308* 04-03-2025 11:07:56 JLL308 State of Arkansas As Engrossed: H4/3/25 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1937 3 4 By: Representative Jean 5 By: Senators Stone, Caldwell 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE METHOD OF VALUATION FOR MINERAL 9 RIGHTS UNDER ARKANSAS CONSTITUTION, ARTICLE 16, § 5; 10 TO CLARIFY THE METHOD OF VALUATION FOR OIL AND GAS 11 WELL PRODUCTION EQUIPMENT; TO PROVIDE FOR CONSISTENCY 12 AND UNIFORMITY IN VALUATION; AND FOR OTHER PURPOSES. 13 14 15 Subtitle 16 TO AMEND THE METHOD OF VALUATION FOR 17 MINERAL RIGHTS UNDER ARKANSAS 18 CONSTITUTION, ARTICLE 16, § 5; AND TO 19 CLARIFY THE METHOD OF VALUATION FOR OIL 20 AND GAS WELL PRODUCTION EQUIPMENT. 21 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 24 SECTION 1. DO NOT CODIFY. Legislative intent. 25 The General Assembly intends for this act to: 26 (1) Be remedial; and 27 (2) Clarify the law. 28 29 SECTION 2. Arkansas Code § 26 -26-1110(a), concerning the valuation of 30 mineral rights for purposes of property taxes, is amended to read as follows: 31 (a)(1) As used in this section: 32 (A) “Oil well Well” means a producing unit well or well 33 that produces: 34 (i) Only liquid hydrocarbons; 35 (ii) Liquid hydrocarbons associated with the 36 As Engrossed: H4/3/25 HB1937 2 04-03-2025 11:07:56 JLL308 production of gas; or 1 (iii) Gas associated with the production of liquid 2 hydrocarbons; 3 (iv) Natural gas; or 4 (v) Any combination of oil, gas, and other 5 hydrocarbons; and 6 (B) “Production equipment” means all piping and other 7 equipment of an oil a well from the bottom of the casing to and including the 8 sales valve at the tank battery or sales meter. 9 (2) The county assessor shall assess all producing mineral 10 interests in the county. 11 (3)(A) The county assessor shall assess the mineral interests in 12 the land separate from the fee simple interest in the land when the: 13 (i) Mineral interests in the land are held by one 14 (1) or more persons that are different from the person or persons holding the 15 fee simple interest; and 16 (ii) County assessor is advised of the separate 17 holdings by the recording of a deed in the county recorder's office. 18 (B) When subdivision (a)(3)(A) of this section applies, a 19 sale of the mineral interests for nonpayment of taxes shall not affect the 20 title to the land itself, nor shall a sale of the land for nonpayment of 21 taxes affect the title to the mineral interests. 22 (4)(A) The county assessor shall assess all production equipment 23 as real property. 24 (B)(i) Except as stated under subdivision (a)(4)(B)(ii) of 25 this section, when assessing the value of production equipment, the county 26 assessor shall assess the production equipment at a value of one dollar 27 ($1.00) per foot. 28 (ii) Any portion of the casing in a well that has 29 been rendered inoperable for producing oil or gas by a cement or mechanical 30 plug shall not be subject to taxation. 31 (5) If an oil a well reported production in a prior year and 32 reports an annual increase in average daily production, the annual increase 33 in average daily production shall be assessed as newly discovered property 34 only if the annual increase in average daily production is solely 35 attributable to new production from a geologic zone or horizon that was not 36 As Engrossed: H4/3/25 HB1937 3 04-03-2025 11:07:56 JLL308 produced in a prior year from the existing oil well. 1 (6)(A) In calculating the working interest -assessed value of an 2 oil a well, the county assessor shall apply a uniform expense allowance per 3 barrel of oil or one thousand (1,000) cubic feet of gas produced without 4 regard to the average daily production of the oil well. 5 (B) The expense allowance under subdivision (a)(6)(A) of 6 this section shall be based as nearly as practicable on actual expenses per 7 barrel of oil or one thousand (1,000) cubic feet of gas produced. 8 (7) In assessing the value of an oil a well based on an income 9 approach, the income shall be based on the actual average price per barrel of 10 oil or one thousand (1,000) cubic feet of gas in Arkansas during the 11 immediately preceding calendar year. 12 (8) All formulas, valuation tables, and guidance that are 13 published or provided to the county assessors by the Assessment Coordination 14 Division to be used in the valuation and appraisal of mineral rights for ad 15 valorem tax purposes shall comply with the requirements of this section. 16 17 SECTION 3. EFFECTIVE DATE. Section 2 of this act is effective for 18 assessment years beginning on or after January 1, 2025. 19 20 /s/Jean 21 22 23 APPROVED: 4/17/25 24 25 26 27 28 29 30 31 32 33 34 35 36