2015 Arkansas Code
Title 22 - Public Property
Chapter 6 - Sale Or Other Disposition Of State Lands
Subchapter 2 - Islands
§ 22-6-202 - Title and administration of islands and submerged lands.
(a) Except as provided in ยง 22-6-204, islands formed or that may form in the navigable waters of this state are the property of the state and subject to sale and disposition in the manner and form provided in this subchapter.
(b) The Commissioner of State Lands may lease, grant, or sell islands or submerged lands and may promulgate rules to implement this section.
(c) The construction, alteration, or placement of objects below the ordinary high water mark in a navigable river, stream, or lake shall not be permitted without permission from the Commissioner of State Lands.
(d) The Commissioner of State Lands may:
(1) Enter into agreements and partnerships with other agencies to carry out the intent of this section;
(2) Require the removal of an existing structure that occupies the submerged lands of a navigable stream, river, or lake; or
(3) Require compensation to the Commissioner of State Lands by the owner for the continued use of submerged lands.
(e) (1) The Commissioner of State Lands, or at the request of the Commissioner of State Lands, the Attorney General, may institute an action in a court with proper venue and subject matter jurisdiction over submerged lands or the Pulaski County Circuit Court to remove a structure or debris resting on the submerged lands of the navigable waters of the state or to enjoin the construction or placement of a structure upon the submerged lands.
(2) If a court finds that a structure or debris is on the submerged lands of the state without permission from the Commissioner of State Lands, the court may order the owner of the structure or debris to:
(A) Remove the structure or debris; and
(B) Pay the expenses of removing the structure or debris.
(3) If the structure or debris has been removed by the state or a local government, the judge may order the owner to:
(A) Reimburse the state or local government for the costs of removal; and
(B) Pay the state or local government its court costs and reasonable attorney's fees.
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