Arkansas § 26-37-201 Publication of notice - Fee - Definition

Arkansas Statutes

§ 26-37-201 — Publication of notice - Fee - Definition

(a)(1) The Commissioner of State Lands shall publish a notice of sale of a parcel upon which the ad valorem property taxes have not been paid in a newspaper having general circulation in the county where the parcel is located.

(2)(A) The publication fee for the notice shall be adopted by rule of the Commissioner of State Lands.

(B)(i) However, the fee under this section shall not exceed the costs expended by the Commissioner of State Lands in producing, filing, or performing the deed.

(ii)As used in subdivision (a)(2)(B)(i) of this section, "costs" means the actual costs expended by the Commissioner of State Lands plus three percent (3%) of the actual costs expended by the Commissioner of State Lands.

(b)The notice shall:

(1)Contain the amount of taxes, interest, penalties, and other

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(a) (1) The Commissioner of State Lands shall publish a notice of sale of a parcel upon which the ad valorem property taxes have not been paid in a newspaper having general circulation in the county where the parcel is located. (2) (A) The publication fee for the notice shall be adopted by rule of the Commissioner of State Lands. (B) (i) However, the fee under this section shall not exceed the costs expended by the Commissioner of State Lands in producing, filing, or performing the deed. (ii) As used in subdivision (a)(2)(B)(i) of this section, "costs" means the actual costs expended by the Commissioner of State Lands plus three percent (3%) of the actual costs expended by the Commissioner of State Lands. (b) The notice shall: (1) Contain the amount of taxes, interest, penalties, and other costs due on the parcel; (2) (A) Contain the name of the owner, the legal description, and parcel number of the parcel. (B) A part or abbreviated legal description shall be sufficient in the notice if the name of the owner and parcel number are listed; (3) Contain a list of all interested parties; and (4) Indicate that the parcel will be sold to the highest successful bidder if the bid is equal to at least the amount of delinquent taxes, penalties, interest, and the costs of the sale. (c) The successful bidder shall pay all taxes, interest, penalties, and other costs. (d) (1) Failure of the notice to contain the information required in subsection (b) of this section does not invalidate an auction sale of the parcel unless an owner or interested party did not receive notice in substantial compliance with § 26-37-301 . (2) Only an owner or interested party that fails to receive notice in substantial compliance with § 26-37-301 may challenge the validity of the publication notice. (e) As used in this subchapter, "owner" and "interested party" mean the same as defined in § 26-37-301 .

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Legislative History

Amended by Act 2023, No. 172,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 172,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 172,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 584,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 673,§ 3, eff. 7/24/2019. Amended by Act 2013, No. 1231,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1231,§ 1, eff. 8/16/2013. Acts 1983, No. 626, § 3; A.S.A. 1947, § 84-1128; Acts 1987, No. 814, § 5; 1995, No. 714, § 2; 2005, No. 1231, § 3; 2007, No. 706, § 1; 2011, No. 862, § 1.