§ 22-5-405 — Deeds to lands in lakes or rivers

(a) The Commissioner of State Lands is empowered and authorized to execute deeds to lands described in § 22-5-404 to riparian owners upon application and the filing of proof of record ownership of adjacent lands and proof of proper survey of the lands, conveying all the right, title, and interest of the State of Arkansas to lands as have emerged or may emerge to the mean high-water mark of any such stream or lake. (b) All applicants for deeds under this section shall: (1) (A) Submit a completed application to the Commissioner of State Lands. (B) The Commissioner of State Lands shall develop the application and provide an application form in electronic format available online; (2) (A) Submit a survey of the land. (B) A survey of the land under subdivision (b)(2)(A) of this section shall: (i) Include field notes and plats; (ii) Be performed by a professional surveyor licensed by the State of Arkansas; and (iii) Be completed within the six-month period directly preceding the submission date of the application; and (3) (A) Submit the affidavits of three (3) competent persons having full personal knowledge of the facts. (B) Each affidavit under subdivision (b)(3)(A) of this section shall include without limitation statements that the applied-for lands: (i) Have emerged to the high-water mark; and (ii) Are capable of cultivation. (c) Upon receipt and verification of all submissions under subsection (b) of this section, the Commissioner of State Lands may issue the deed. (d) The Commissioner of State Lands shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to carry out the duties of this section.

Legislative History

Amended by Act 2023, No. 159,§ 1, eff. 8/1/2023. Acts 1945, No. 203, §§ 3, 4; A.S.A. 1947, §§ 10-206, 10-207.