Arkansas legislators propose repeal of quiet title decree law

February 25, 2025 | 2025 Senate Bills, 2025 Introduced Bills, Senate, 2025 Bills, Arkansas Legislation Bills, Arkansas


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Arkansas legislators propose repeal of quiet title decree law
Arkansas lawmakers are moving to streamline property ownership disputes with the introduction of Senate Bill 298, proposed by Senator Rice and Representative Richmond. Introduced on February 25, 2025, the bill aims to repeal existing legislation that allows individuals to set aside decrees in quiet title actions, thereby enhancing the finality of such legal decisions.

The primary focus of Senate Bill 298 is to eliminate Arkansas Code § 18-60-510, which currently permits any person to challenge a quiet title decree within three years if they can present a meritorious defense. This provision also extends to individuals with disabilities, allowing them to contest decrees within three years of their disability being removed. By repealing this law, the bill seeks to provide greater certainty and stability in property ownership, reducing the potential for prolonged legal disputes over land titles.

Supporters of the bill argue that the current law creates unnecessary complications and delays in property transactions, which can hinder economic development and investment in the state. By ensuring that quiet title actions are final, the bill could foster a more predictable real estate market, benefiting both buyers and sellers.

However, the bill has faced some opposition. Critics express concern that removing the ability to contest decrees could disproportionately affect vulnerable populations, particularly those with disabilities who may need additional time to address legal matters. They argue that the existing provisions provide essential protections for individuals who may not have immediate access to legal resources.

As the bill progresses through the legislative process, its implications could resonate beyond property law, potentially influencing Arkansas's economic landscape by encouraging more robust real estate activity. If passed, Senate Bill 298 could mark a significant shift in how property disputes are resolved in the state, promoting a more efficient legal framework for land ownership. Stakeholders will be closely monitoring the discussions as the bill moves forward, weighing the balance between legal finality and equitable access to justice.

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