Marketability of real property sold at tax sales

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  1. (a) The title to any real property located within the State of Arkansas based upon a deed resulting from a delinquent tax sale is marketable if:

    1. (1) The tax deed has been of record for more than fifteen (15) years;

    2. (2) Any taxes due have been paid by the tax deed grantee or the heirs or successors of the tax deed grantee for more than fifteen (15) years;

    3. (3) No claim of adverse possession of the real property has been asserted or filed of record since the recording of the tax deed; and

    4. (4) The taxes for which the tax deed was issued had not been paid before the tax deed was executed and delivered to the tax deed grantee.

  2. (b) This section shall not be subject to the additional time to challenge a tax deed given to minors, persons suffering a mental incapacity, or persons serving in the United States Armed Forces during a time of war under § 26-37-203(b).

  3. (c)

    1. (1) Nothing in this section shall preclude a judicial action to confirm a tax sale or quiet the title to any real property located within this state prior to the time that the title to the real property is considered marketable under subsection (a) of this section.

    2. (2) A judicial action to confirm the tax sale or quiet title to real property located in this state eliminates any additional time to redeem the real property or challenge a tax deed under § 26-37-203 or § 26-37-305.

  4. (d) This section shall not apply to a tax sale of a severed mineral interest.


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