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1967 Arkansas Attorney General Reports and Opinions 1 (1967)

handle is hein.sag/sagar0025 and id is 1 raw text is: September 1, 1967 Mr. Jack N. Fleming Deputy Commissioner Department of State Lands State Capitol Building Little Rock, Arkansas Re: Price of Islands formed in navigable waters Ark. Stat. Ann. 5 10-602 (Repl. 1965) and § 10-901 (Repl. 1956) Dear Mr. Fleming: In your letter of August 2, 1967, you asked: Is this act (Act 344 of 1919 which governs the price of swamp, internal improvement, seminary, saline and school lands) still in force or has it been repealed or amended? I am of the opinion that Act 344 of 1919, now codified as Ark. Stat. Ann. § 10-502 (Repl. 1956), is in full force and effect. However, § 10-502 does not affect your situation (i.e. the sale of islands formed in navigable waters). This is consistent with Wilson v. Guthrice, 155 Ark. 315, 244 S.W. 338, which also placed a value of $1.25 per acre on islands formed in navigzble waterz. The sale of islands formed in navigable waters is governed by Ark. Stat. Ann. § 10-602 (Supp, 1965), which states: Whenever application is made with the Commissioner of State Lands for the purchase of any character of lands as described in Section 1 [ 10-6011, hereof, said Commissioner shall thereupon direct the county surveyor of the county in which the lands are locazcd, or some other competent surveyor to accurately survey said lands and compile the field notes and plat the same in reference tolthe