Arkansas Administrative Code
Agency 135 - STATE LAND COMMISSIONER
Rule 135.00.89-001 - Rules and Regulations of the State Land Commission
Universal Citation: AR Admin Rules 135.00.89-001
Current through Register Vol. 49, No. 2, February 2024
1. Land Offered for Sale
A. All land offered for sale by the
Commissioner of State Lands has been certified to the State for non-payment of
taxes from the county where the land is located.
B. The property being offered is identified
by legal description and/or parcel number as certified by the county.
C. The Commissioner of State Lands recommends
that all prospective purchasers do their own research as to the use of the land
for their intended purpose and make a personal inspection of the
property.
2. Notice of Sale
A. A notice of
sale will be published by the Commissioner of State Lands in a newspaper having
general circulation in the county where the land is located.
B. In most cases the sale will take place in
the county where the land is located.
C. A notice of sale will be mailed to all
interested parties known to the Commissioner.
3. Contents of the Notice of Sale
A. The assessed value of the
land
B. The amount of taxes,
interest, penalties and other costs due on the land.
C. The legal description of the
land.
D. A list of all recorded
liens against the land that are known to the Commissioner.
E. A deadline at which time bids must be
delivered.
F. The land will be sold
to the highest bidder provided the bid is equal to the assessed value of the
land.
4. Registration at the Sale
A.
Registration will take place prior to the time of sale as specified in the
notice.
B. No bids will be accepted
unless the bidder has registered and received a pre-numbered bid
card.
5. Who May Bid
Any person, corporation or association or agent thereof may bid on the properties offered except that the Commissioner of State Lands and his employees, the County Collector or his deputy and the Clerk of the County or his deputy'may not bid on the property or be involved in the purchase of such property.
6. Bidding
A.
In
General
1. The minimum bid amounts are
shown on the list. The minimum bid amount is equal to the assessed value of the
land as certified to the Commissioner of State Lands by the county.
2. Each sale will be made to the highest
responsible bidder for not less than the minimum bid amount.
3. Successful bidders, whether bidding by
mail or at the auction, will receive receipts for payments made.
B.
At Auction
1. Subject to proper registration as outlined
in Rule 4, bids may be made at the oral
auction on the day of the sale.
2.
Each parcel of land will be offered separately and in the order appearing on
the bid list.
3. An oral bid
accepted at public auction is a legal and binding contract to
purchase.
C.
By
Mail
1. Bids by mail must be received
by the Commissioner of State Lands no later than seven (7) days prior to the
date of sale.
2. Unsuccessful
bidders will be refunded in full.
3. Bids received by the Commissioner prior to
the sale date will be announced immediately preceding the oral auction of the
parcel.
7. Terms of Sale
A. The full
purchase price is equal to the highest amount bid plus the "TAX DUE" amount as
listed in the catalog.
B.
Successful bidders must tender the full purchase price (the amount bid plus the
"TAX DUE" amount as listed) at the time of the sale.
C. Bids by mail must include the full
purchase price (the amount bid plus the "TAX DUE" amount as listed).
D. At the auction or by mail, the first one
hundred dollars ($100.00) of the full purchase price must be paid in cash, by
money order or cashier check with the balance payable by personal check. No
deed will be issued until clearance is assured by the bank or lending
institution on which such checks are drawn. (DO NOT SEND CASH BY
MAIL).
E. All cashier checks, money
orders, and checks should be made payable to the Commissioner of State
Lands.
F. No purchase may be made
on a time-payment plan.
G. Upon
payment of the full purchase price, the successful bidder will receive a
certificate of purchase from the Commissioner of State Lands.
H. Record owners, their agents, or assigns
have thirty (30) days from the date of the sale to redeem the
property.
I. In the event of
redemption, the purchaser at the sale will receive a full refund, no interest
accruing.
J. If no redemption
occurs, the purchaser will receive a limited warranty deed from the
Commissioner of State Lands subsequent to the expiration of the 30 day
redemption period.
8. Penalties
A. The cash amount
tendered on the day of the sale will be forfeited by the successful bidder in
the event the check used to pay the balance is a non-negotiable
instrument.
B. Pursuant to the
provisions of A.C.A. Section
5-37-301 through 307, "The
Arkansas Hot Check Law", the maker of checks returned to the Commissioner of
State Lands for insufficient funds will be prosecuted.
C. The Commissioner of State Lands reserves
the right to exclude any individual, partnership or corporation from the
bidding process for failure to abide by these rules or for failure to carry on
business in good faith.
9. Title Being Conveyed
Deeds are limited warranty deeds conveying all title received by the State through tax forfeiture.
10. Legal Action Against the Conveyance
A. Most actions to contest
the validity of the deeds must be filed within two (2) years after the date of
conveyance [Exceptions to this rule are listed under A.C.A. Section
26-37-203(b)(1)
& (2).]
B. If the sale is set
aside by legal action or if the land is proven to-be nonexistent, or double
assessed, the purchaser will be entitled to a reimbursement of money paid to
the Commissioner of State Lands, interest not accruing thereon.
11. Negotiated Sales
A. In the event no one bids at least the
minimum bid, the Commissioner of State Lands may negotiate a sale.
B. Such sales that are negotiated shall take
place at a time which will be specified at the auction and which will be held
at the offices of the Commissioner of State Lands. Prior to execution such
sales must have the approval of the Attorney General of the State of
Arkansas.
12. Caveat
Nothing in these rules and regulations shall apply to the sale of tax delinquent land which has been or will be certified to the Commissioner of State Lands for tax years prior to 1978.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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