§ 14-121-430 — Sale of land

Arkansas § 14-121-430

• Jurisdiction: Arkansas
• Title: 14

Text

(a) (1) (A) In all cases in which notice has been properly given and in which no answer has been filed, or if filed and the cause decided for the plaintiff, the circuit court by its decree shall grant the relief as prayed for in the complaint. (B) (i) The court shall direct the commissioner of the court to sell the lands, railroads, and tramroads described in the complaint at the courthouse door of the county in which the decree is entered, at public outcry, to the highest and best bidder for cash in hand after having first advertised the sale for one (1) week in some newspaper published in the county, if there is one. (ii) If there is no newspaper, then that advertisement shall be published in some newspaper in an adjoining county. (iii) The advertisement may include all the lands described in the decree. (2) If all the lands, railroads, and tramroads are not sold on the day as advertised, the sale shall continue from day to day until completed. (3) (A) The commissioner of the court shall convey to the purchaser by proper deeds the lands, railroads, and tramroads so sold. (B) The title to the lands, railroads, and tramroads shall thereupon become vested in the purchaser as against all others whomsoever, saving to infants and to insane persons having no guardian or curator, the right they now have by law to appear and except to the proceedings within three (3) years after their disabilities are removed. (b) (1) In any case in which the lands, railroads, and tramroads are offered for sale by the commissioner of the court, as provided by this act, and the sum of the tax due, together with interest, cost, and penalty, is not bid for the lands, railroads, and tramroads, the commissioner of the court shall bid the lands, railroads, and tramroads off in the name of the board of directors of the drainage district, bidding the whole amount due. (2) (A) The commissioner of the court shall execute the deed conveying the land to the drainage board. (B) (i) No report of sale other than the execution of the deed and its submission to the court for approval and no confirmation other than approval of the deed need be made in any such case. (ii) A deed to the land executed by the commissioner of the court, approved by the court and recorded, shall be conclusively presumed to be in consideration of the total amount rightfully due to the district whether that amount is stated or whether it is stated correctly or incorrectly in the deed. (3) The deeds, together with other deeds as are duly executed in conformity to the provisions of this act and recorded, shall be received as evidence in all cases showing an indefeasible title in the district unassailable in either law or equity.

Legislative History

Acts 1909, No. 279, §§ 23, 24, p. 829; C. & M. Dig., §§ 3631, 3632; Pope's Dig., §§ 4482, 4483; Acts 1953, No. 226, § 1; A.S.A. 1947, §§ 21-546, 21-547; Acts 2005, No. 2170, § 2.