Deeds, abstracts, and contracts affecting state lands filed in office of Commissioner of State Lands — Additional information — Failure to comply — Definition

  1. Law
  2. Arkansas Code
  3. Public Property
  4. State Lands Generally
  5. Commissioner of State Lands
  6. Deeds, abstracts, and contracts affecting state lands filed in office of Commissioner of State Lands — Additional information — Failure to comply — Definition

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  1. (a) All deeds, abstracts, contracts, and other evidences of title to realty belonging to the State of Arkansas shall be filed in the office of the Commissioner of State Lands to be preserved by the Commissioner of State Lands as the other public records and files of his or her office.

  2. (b) Separately for each item of real property in the possession of a state agency, the state agency shall maintain and furnish to the Commissioner of State Lands a record containing:

    1. (1)

      1. (A) The official recording information shown by the county recorder's records and the legal description of the real property.

      2. (B) A copy of the most recent deed to the real property may be furnished to the Commissioner of State Lands if the copy contains the official recording information and the legal description;

    2. (2) If the real property was purchased by a state agency, the date of purchase and the purchase price; and

    3. (3) The name of the state agency holding title to the real property for the state.

  3. (c) If the description of real property required under subsection (b) of this section is excessively voluminous, the Commissioner of State Lands may permit the state agency in possession of the real property to furnish the description in summary form.

  4. (d) If a state agency does not comply with this section, the Commissioner of State Lands shall report the failure to comply to the Governor, who shall notify the administrative officer of the state agency to immediately report to him or her the reasons for the state agency's failure to comply.

  5. (e) Willful failure to comply with this section by a public official shall constitute nonfeasance in office.

  6. (f)

    1. (1) As used in this subchapter, “state agency” means an instrumentality of state government, including without limitation an office, a department, an agency, a board, a commission, or an institution of the state.

    2. (2) As used in this subchapter, “state agency” does not include:

      1. (A) The Arkansas Department of Transportation;

      2. (B) An institution of higher education;

      3. (C) The Arkansas Public Employees' Retirement System;

      4. (D) The Arkansas Teacher Retirement System;

      5. (E) The Arkansas State Game and Fish Commission; or

      6. (F) The Division of Emergency Management.


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