§ 26-37-205 - Distribution of funds.
               	 		
26-37-205.    Distribution of funds.
    (a)  All  moneys collected by the Commissioner of State Lands from the sale or  redemption of tax delinquent lands shall be distributed as follows:
      (1)    (A)  First,  to the Commissioner of State Lands, the penalties, the collection fees,  the sale costs, and the other costs as prescribed by law.
            (B)  The sale costs shall include, but not be limited to, fees for title work;
      (2)  Second,  to each county an amount equal to the taxes due plus interest and costs  to the county as certified by the county collector, which amount shall  be held in an escrow fund administered by and remitted to the counties  within one (1) calendar year of their receipt by the Commissioner of  State Lands;
      (3)    (A)  Third,  to each county an amount equal to the delinquent personal property  taxes, plus penalty, of the owner or owners of the delinquent land as  certified by the county collector, which amount shall be held in an  escrow fund administered by and remitted to the counties after one (1)  calendar year of their receipt by the Commissioner of State Lands.
            (B)  The  Commissioner of State Lands shall review the information provided by  the county collector and any other interested party to ascertain:
                  (i)  Whether the personal property tax and penalty qualifies to be withheld from the delinquent land sale proceeds; and
                  (ii)  The amount of personal property tax and penalty that qualifies under this subdivision (a)(3) to be withheld.
            (C)  If  the Commissioner of State Lands is required to make a refund of the  personal property taxes withheld under subdivision (a)(3)(A) of this  section to a purchaser of delinquent lands for any reason, the amount of  the refund shall be recovered by the Commissioner of State Lands from  the county or counties that originally received the proceeds under this  subdivision (a)(3) of this section of the delinquent land sale.
            (D)  The Commissioner of State Lands shall promulgate rules and forms needed to administer this subdivision (a)(3).
            (E)  This  section does not require the Commissioner of State Lands to search  county records to determine whether an owner of tax delinquent land owes  delinquent personal property taxes.
            (F)  This  section does not grant a county a right to a lien against real property  for the payment of delinquent personal property tax; and
      (4)  Fourth, to be placed in another escrow fund administered by the Commissioner of State Lands, the remainder, if any.
(b)  If  no actions are brought within the time limits prescribed under this  subchapter, the remaining funds, if any, shall be distributed by the  Commissioner of State Lands as follows:
      (1)  Ten  percent (10%) of the remaining funds up to a maximum amount of five  hundred dollars ($500) shall be paid to the Commissioner of State Lands  for the administration of the distribution of the funds;
      (2)    (A)  After  payment is made to the Commissioner of State Lands pursuant to  subdivision (b)(1) of this section, the amount left in the remaining  funds shall be paid to the former owners of the tax delinquent land.
            (B)    (i)  "Former  owner" means a person, partnership, corporation, or other legal entity  capable of owning real property in the State of Arkansas and that holds  record title to the real property on the date of sale by the  Commissioner of State Lands.
                  (ii)  "Former owner" does not include heirs or relations beyond the first degree of consanguinity.
            (C)    (i)  A former owner must file an application with the Commissioner of State Lands requesting the release of the funds.
                  (ii)  The  application shall be provided by the Commissioner of State Lands and  shall require proof of ownership of the tax delinquent land as well as  proof of authority to act on behalf of the owner.
                  (iii)  The application may require other information the Commissioner of State Lands deems necessary before the release of the funds.
            (D)    (i)  The former owner shall release and relinquish all rights, title, and interests in and to the tax delinquent land.
                  (ii)  The Commissioner of State Lands shall provide a release deed to the former owner to execute.
            (E)  In  the event of any dispute, claim, or multiple claims of ownership or  controversy regarding the release of the funds, the Commissioner of  State Lands may require the party or parties to provide a court order to  resolve the issues and to establish the party or parties entitled to  the remaining funds.
            (F)  An  agreement by a former owner, the primary purpose of which is to locate,  deliver, recover, or assist in the recovery of remaining funds, is  enforceable only if the agreement:
                  (i)  Is in writing;
                  (ii)  Clearly sets forth the nature of the property and the services to be rendered;
                  (iii)  Provides a fee of not more than ten percent (10%) of the recovery;
                  (iv)  Is signed by the former owner; and
                  (v)  States the value of the remaining funds before and after the fee or other compensation has been deducted.
            (G)    (i)  An  agreement covered by subdivision (b)(2)(F) of this section that  provides for compensation that is unconscionable is unenforceable except  by the former owner.
                  (ii)  A  former owner who has agreed to pay compensation that is unconscionable  may maintain an action to reduce the compensation to a conscionable  amount.
                  (iii)  The court may award reasonable attorney's fees to a former owner that prevails in the action.
            (H)  Subdivision  (b)(2)(G) of this section does not preclude a former owner from  asserting that an agreement covered by subdivision (b)(2)(F) of this  section is invalid on grounds other than unconscionable compensation.
            (I)    (i)  The Commissioner of State Lands shall make all funds payable to the former owner.
                  (ii)  No  funds shall be made payable to any other person or entity other than  the former owner without a court order directing the payment to the  other person or entity.
                  (iii)  No interest shall be paid to the former owner on the funds.
            (J)    (i)  Anyone  filing a claim or assisting with the filing of a claim that results in  the erroneous payment of a claim is responsible for the repayment of all  funds paid.
                  (ii)  Any claim filed fraudulently is punishable as a Class D felony; and
      (3)    (A)  Any  funds placed in escrow prior to July 1, 2005, shall be held in escrow  for five (5) years and at the end of the five-year period, if the funds  have not been distributed, the escrow funds shall escheat to the county  in which the property is located.
            (B)  Any  funds placed in escrow on and after July 1, 2005, shall be held for  three (3) years, and at the end of the three-year period, if the funds  have not been distributed, the escrow funds shall escheat to the county  in which the property is located.
(c)  All  funds distributed to each county by the Commissioner of State Lands  from the redemption or sale of tax-delinquent lands, including any  interest and costs, are to be distributed to the applicable taxing units  where the delinquent land is located within the county in the manner  and proportion that the taxes would have been distributed if they had  been collected in the year due.
(d)  All  funds received by a county from the redemption of tax-delinquent land  at the county level, including any penalty, interest, and costs, are to  be distributed to the applicable taxing units where the delinquent land  is located within the county in the manner and proportion that the taxes  would have been distributed if they had been collected in the year due.
(e)  This  section shall be severable, and if any phrase, clause, sentence, or  provision of this section is declared to be contrary to the laws of this  state, the validity of the remainder of this section shall not be  affected.