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1985 Arkansas Attorney General Reports and Opinions 1 (1985)

handle is hein.sag/sagar0054 and id is 1 raw text is: STATE OF ARKANSAS
OFFICE OF THE ATTORNEY GENERAL
W                 JUSTICE BUILDING, LITTLE RdCK 72201
STEVE CLARK                                                             (501) 371-2007
ATTORNEY GENERAL
OPINION NO. 85-1
January 2, 1985
Mr. W. J. Bill McCuen
Commissioner of State Lands
State Capitol Building
Little Rock, Arkansas 72201
Dear Mr. McCuen:
You have requested an opinion from this Officd- regarding the
State Land Commissioner's possible issuance of a deed to tax-forfeited
land. In your request, you provided me with a letter from the Chan-
cellor of Southern Arkansas University, El Dorado Branch, in which he
requests your Office to transfer the title of a lot close to the Southern
Arkansas University campus by authority of Ark. Stat. Ann. §10-904
(Repl. 1976). That statute provides:
The Commissioner of State Lands is hereby authorized and di-
rected, upon the application presented by the management or
board of trustees of any State Institution, to issue deed to said
Institution's Board of Trustees for any tax-forfeited lands on his
records as having been forfeited for the non-payment of taxes;
provided, that such tax-forfeited land shall adjoin land alreadv
owned by said State Institution. . . (Emphasis added).
The land in question, as you note, is not adjoining land owned
by Southern Arkansas University, but is within the area of expansion
under consideration by the Board of Trustees and management.
Thus, you are not authorized pursuant to §10-904 to deed the
tax-forfeited land in question unless and until it adjoins land owned by
Southern Arkansas University.
The foregoing opinion, which I hereby approve, was prepared by
Deputy Chief of Staff R. B. Friedlander.
Since ely,
STEE]CLARK
Attorney General

SC: ble

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