State law reference
Do Mineral Rights Expire in Arkansas?
Do mineral rights expire in Arkansas? No Arkansas statute ending a severed mineral interest for nonuse was identified, but the official code could not be searched, and the state's appellate opinion database has no opinion mentioning a dormant or abandoned mineral statute. Mineral rights, including nonproducing ones, are assessed for property tax (Ark. Code Ann. 26-26-1110, as quoted in 2021 Ark. App. 324).
Core rule cited Researched and checked by American Mineral Registry against the official text; review completed October 1, 2026. Reference research, not legal advice.
- Rule type
- Tax or work forfeiture
- Period
- See rule
- Ends without a surface owner step
- Unclear
- Preservation filing
- See rule
- Forced pooling statute
- Statute found
Core rule cited - Surface damages statute
- No statute found
- Deceased or unlocated owner
- Partly checked
How the rule works
No dormant mineral statute identified; severed mineral rights are taxed and can go tax delinquent to the state. No Arkansas statute ending a severed mineral interest for nonuse was identified, but the official code could not be searched, and the state's appellate opinion database has no opinion mentioning a dormant or abandoned mineral statute. Mineral rights, including nonproducing ones, are assessed for property tax (Ark. Code Ann. 26-26-1110, as quoted in 2021 Ark. App. 324). Unpaid taxes send the interest to the Commissioner of State Lands, who states that tax delinquent mineral interests may be redeemed at any time and may be purchased only in limited situations.
What has to happen
Statute text not read. Per the Commissioner of State Lands, tax delinquent mineral interests are certified to the Commissioner, may be redeemed at any time, and may be purchased from the Commissioner only in limited situations; redemption deeds issue under Ark. Code Ann. 26-37-310 (Commissioner's 2023 rules). The Court of Appeals has described Ark. Code Ann. 18-61-106(a) as letting a holder under a tax deed, even an invalid one, gain title to land or a mineral estate by two years of adverse possession (2015 Ark. App. 555).
What counts as use or preserves the interest
Paying the property taxes assessed on the mineral interest (inference from the tax delinquency structure, not a listed saving event)
Redeeming from the Commissioner of State Lands, which the Commissioner says is possible at any time for tax delinquent mineral interests
Scope
- Interests covered
- Mineral rights assessed for property tax, including nonproducing mineral rights (26-26-1110 as quoted by the Court of Appeals). Exact scope not read in statute.
Dates and what they mean
A date cannot be computed for Arkansas from a last use date alone; the note below explains what the rule turns on. The rule finder shows the same explanation.
Loss depends on tax delinquency and the Commissioner's disposition process, not on time since last use, so no date can be computed from a last use date.
Deceased or unlocated owner
Partly checked What the law of Arkansas says when the owner of record has died, is unknown, or cannot be found. It sets out the questions; it does not decide who owns an interest, whether a notice was valid, or whether an interest ended.
Why only partly checked. Still open: heirs, devisees and successors.
No Arkansas statute ending a severed mineral interest for nonuse was identified, so no dormancy clock runs against a deceased, unknown or unlocated owner. The Arkansas Supreme Court has applied a statutory chancery procedure (then Ark. Stat. Ann. 52-201 et seq.) under which a receiver leases the unleased mineral interests of nonresident owners served by warning order, and it voided such a lease where the warning order affidavit did not strictly comply. Separately, the Auditor of State describes a duty to escrow mineral proceeds for persons who are unknown or not located within one year, and a three year presumption of abandonment for unclaimed mineral proceeds.
- Owner of record has died
- Not addressed in the sources read, except that the warning order affidavit in Davis v. Schimmel named some defendants and their unknown heirs; the court did not rule on heirs as such.
- Current owner unknown
- Per the Auditor's summary, proceeds owed to a person who is unknown must be escrowed (18-28-403). The receivership statute text was not read.
- Owner known but cannot be found
- Owners whose whereabouts are stated to be unknown are constructively summoned by warning order in the receivership procedure (Davis v. Schimmel); per the Auditor's summary, proceeds for persons not located within one year are escrowed.
How the nonuse rule treats these owners Not addressed in the provisions read
No Arkansas nonuse or dormancy mechanism was identified in the October review.
Heirs, devisees and successors Not yet verified
No verified statement yet.
Search required to find the owner Court decision
The warning order affidavit must show the plaintiff's own diligent inquiry and strictly comply with the statute.
Court decisions
The affidavit for a warning order must show the plaintiff's own diligent inquiry and must strictly comply with the statute; an affidavit signed only by the attorney was void. Davis v. Schimmel, 252 Ark. 1201 (1972)
“The affidavit for warning order must show that the plaintiff has made diligent inquiry and that it is his information and belief that the defendant is a nonresident. It must strictly comply with the statute.”
Scope: Arkansas Supreme Court, controlling statewide as to the statute then codified at Ark. Stat. Ann. 52-201 et seq.; the current Arkansas Code citation and any later amendments were not verified. Applies the general warning order statutes of that time.
Who gets notice, and how Court decision
Defendants are summoned as in chancery; those whose whereabouts are stated to be unknown are constructively summoned by warning order.
Court decisions
Under that statute, defendants are summoned as in other chancery cases, and those whose whereabouts the petition states to be unknown are constructively summoned under the warning order statutes. Davis v. Schimmel, 252 Ark. 1201 (1972), discussing Ark. Stat. Ann. 52-203
“persons whose whereabouts are stated in the petition to be unknown to the plaintiff are to be constructively summoned as provided in Ark. Stat. Ann §§ 27-354, 27-357 and 27-359 (Repl. 1962).”
Scope: Arkansas Supreme Court, controlling statewide as to the statute then codified at Ark. Stat. Ann. 52-201 et seq.; the current Arkansas Code citation and any later amendments were not verified.
Notice by publication Court decision
A proper warning order must be published for four weeks, and thirty days must pass after an attorney ad litem is appointed, before a final order.
Court decisions
The court has no jurisdiction to make a final order affecting defendants until a proper warning order has been published for four weeks and thirty days have passed after an attorney ad litem is appointed. Davis v. Schimmel, 252 Ark. 1201 (1972)
“without jurisdiction to make any final order affecting the rights of the defendants until a proper warning order has been published for four weeks and 30 days has elapsed after the appointment of the attorney ad litem.”
Scope: Arkansas Supreme Court, controlling statewide as to the statute then codified at Ark. Stat. Ann. 52-201 et seq.; the current Arkansas Code citation and any later amendments were not verified.
How the owner responds or preserves Statute and court decisions
Owners served without valid notice may directly attack the receivership orders and lease; escrowed proceeds are paid on proof of identity and ownership per the Auditor.
Statute
Per the Auditor, the escrow account is for the rightful recipient, who is to be paid promptly on sufficient proof of identity and ownership or title. Ark. Code Ann. 18-28-403, as summarized by the Auditor of State
“Account is for the benefit of the rightful recipient • Promptly pay the recipient upon sufficient proof of identity and ownership / title”
Scope: Agency training slides summarizing the statute; the official Arkansas Code text of 18-28-403 was not read.
Court decisions
The statute's bar on attacking the receiver's lease except by direct appeal was read to allow a direct attack, so owners served without valid notice could move to vacate the orders and lease. Davis v. Schimmel, 252 Ark. 1201 (1972), discussing Ark. Stat. Ann. 52-205
“If we construe the words “direct appeal,” however, to mean “direct attack” in the manner provided by law, then the statute would not violate constitutional due process.”
Scope: Arkansas Supreme Court, controlling statewide as to the statute then codified at Ark. Stat. Ann. 52-201 et seq.; the current Arkansas Code citation and any later amendments were not verified. The receiver's lease was held void for defective constructive service.
Court, receivership or trust for missing owners Statute and court decisions
Chancery receivership to lease unleased mineral interests of nonresident or unlocated owners (statute text not read; applied in Davis v. Schimmel). The Auditor describes escrow of proceeds for unknown or unlocated persons and a three year presumption of abandonment.
Statute
The Auditor of State describes A.C.A. 18-28-403 as requiring holders to escrow mineral proceeds when the person entitled is unknown or has not been located within one year after the funds became payable. Ark. Code Ann. 18-28-403, as summarized by the Auditor of State
“A.C.A. §18-28-403 provides that companies must establish an escrow account for mineral proceeds if the entitled person is unknown or has not been located within one (1) year after the funds became payable or distributable.”
Scope: Agency training slides summarizing the statute; the official Arkansas Code text of 18-28-403 was not read. Treats unknown and unlocated persons alike, per the summary.
Per the Auditor, mineral proceeds held or owing and unclaimed longer than three years after becoming payable are presumed abandoned. Arkansas mineral proceeds provisions (Ark. Code Ann. 18-28-401 et seq.), as summarized by the Auditor of State
“Mineral proceeds held or owing and unclaimed longer than three years after”
Scope: Agency summary of the three year presumption; the slide does not give the section number for it. Covers proceeds, not title to the mineral interest.
Court decisions
The Arkansas Supreme Court reviewed a statutory chancery proceeding in which a receiver was appointed to lease the unleased mineral interests of nonresident defendants, with the rental paid into the court registry. Davis v. Schimmel, 252 Ark. 1201, 482 S.W.2d 785 (1972)
“On the 22nd day of July, 1969, the chancery court appointed William McGill receiver to lease the entire unleased mineral interests.”
Scope: Arkansas Supreme Court, controlling statewide as to the statute then codified at Ark. Stat. Ann. 52-201 et seq.; the current Arkansas Code citation and any later amendments were not verified.
What a title review must establish
- Was any interest in the chain leased by a court appointed receiver, and did the warning order affidavit show the plaintiff's own diligent inquiry?
- Was the warning order published for four weeks and did thirty days pass after an attorney ad litem was appointed before the receiver was appointed?
- Are proceeds for the interest in a holder's escrow or reported to the Auditor of State?
- If the owner died, how were heirs determined? Probate and quiet title were not reviewed.
Dates. Escrow: when the entitled person is unknown or has not been located within one (1) year after the funds became payable or distributable (Auditor's summary of 18-28-403). Abandonment: unclaimed longer than three years after becoming payable or distributable (Auditor's summary). Receivership: no final order until a warning order has been published for four weeks and 30 days have elapsed after appointment of the attorney ad litem (Davis v. Schimmel). Nothing computed. The rule finder does not calculate this period.
What AMR searched. The official Arkansas Code (LexisNexis) could not be read, so no statute text was read directly. Read: Arkansas Auditor of State holder seminar slides (September 2026) on mineral proceeds; Davis v. Schimmel (Ark. 1972) and Davis v. Johnston (Ark. 1972, a receivership pendente lite case, not relied on) in full through the Caselaw Access Project. Two web searches located 18-28-403 and the former receivership statute (Ark. Stat. Ann. 52-201 et seq.). A secondary summary of Attorney General Opinion 2016-063 indicates 18-28-403(a)(2)(A) refers to leases executed by court appointed receivers; the official opinion was not read. Not reviewed: current codification of the receivership statute, Oil and Gas Commission integration rules for unlocated owners, probate and quiet title, and later case law (case search quota exhausted). A point marked not addressed means only that the provisions read do not address it; probate, quiet title and other general procedures may still apply and were not reviewed.
Not settled by this review.
The current Arkansas Code citation and text of the receivership statute formerly at Ark. Stat. Ann. 52-201 et seq., including its conditions, the court's minimum lease terms and how proceeds are held.
The official text of Ark. Code Ann. 18-28-403, including (a)(2)(A) on proceeds from receiver leases and the county attorney petition, and Attorney General Opinion 2016-063.
Whether Arkansas Oil and Gas Commission integration orders require escrow for unlocated owners, and how heirs claim escrowed funds.
Checked October 6, 2026. Also in the dormant mineral rule finder.
Forced pooling
Core rule cited Yes. The Oil and Gas Commission may integrate (force pool) unleased or uncommitted interests in a drilling unit by an order integrating all tracts and interests (Ark. Code Ann. 15-72-303), on just and reasonable terms (15-72-304(a)); an unleased owner is regarded as owning a one eighth royalty (15-72-304(d)). Statute text taken from the Court of Appeals' quotations in 2023 Ark. App. 483.
- Flywheel Energy Production, LLC v. Arkansas Oil and Gas Commission, 2023 Ark. App. 483, quoting Ark. Code Ann. 15-72-303
- 2023 Ark. App. 483, quoting Ark. Code Ann. 15-72-304(d)
Surface damages
No statute found No Arkansas statute requiring oil and gas operators to compensate surface owners was identified, but the code could not be searched. In a 2022 surface restoration case the Court of Appeals looked to implied lease duties, Commission Rule B-9(e) and the prudent operator standard in Ark. Code Ann. 15-73-207(b), not to a surface damage statute. A Commission rule quoted in a 2007 Supreme Court opinion requires notice to the surface owner before seismic operations, as provided in Ark. Code Ann. 15-72-203.
Searched: Official code not searchable (LexisNexis terms gate; mirrors was not available). Searched the official appellate opinions database for 'surface damage act' (0 opinions), 'split estate' (0), 'surface owner' with '15-72' (1) and 'surface damages' with oil, gas and statute (4); read 2022 Ark. App. 521 and the 2007 El Paso v. Blanchard opinion. Ark. Code Ann. 15-72-203 (seismic notice) was not read.
- Taylor Family Limited Partnership B v. XTO Energy, Inc., 2022 Ark. App. 521
- El Paso Production Co. v. Blanchard, 371 Ark. 634 (2007), separate opinion quoting Commission Rule B-42
Taxes
Broad personal income tax: yes. Nonresidents who earn income from real or tangible personal property located in Arkansas owe Arkansas income tax while their income from intangible property is not taxed, and residents report income received as Arkansas residents no matter where it was earned. Core rule cited Source and notes.
Severance or production tax. Oil 4 or 5 percent of market value by average daily output, plus two small per barrel taxes; gas 5 percent, with 1.25 to 1.5 percent for marginal, new discovery and high cost gas. Official text cited Full record: rates, exemptions, royalty owner share and sources.
Not tax advice. Rates change and the cited source controls.
Sources for the dormant mineral rule
Each source was read on the date shown. Where an official site was not available, the official page was read through a dated Internet Archive copy and that is stated.
- Commissioner of State Lands, Frequently Asked Questions
“Tax delinquent mineral interests may be redeemed at any time. In some limited situations, the mineral rights may be purchased from the Commissioner of State Lands.”
- Commissioner of State Lands Rules, Subtitle L, Fees (2)
“the fees charged for the redemption of severed mineral interests shall not include the twenty-five-dollar collection fee.”
- SWN Production Co. (Arkansas), LLC v. Stobaugh, 2021 Ark. App. 324, quoting Ark. Code Ann. 26-26-1110(c)(4)
“When a nonproducing mineral right begins producing minerals, the mineral right shall be assessed for tax purposes in accordance with rules established by the Assessment Coordination Division.”
- SEECO, Inc. v. Holden, 2015 Ark. App. 555, quoting Ark. Code Ann. 18-61-106(a)
“No action for the recovery of any lands or for the possession thereof against any person or persons, their heirs and assigns, who may hold such lands by virtue of a purchase thereof at a sale by the collector, or the Commissioner of State Lands, for the nonpayment of taxes”
Open questions for a specialist
This review did not settle these points. They are where an Arkansas title attorney or landman should look first.
Read the official Arkansas Code (Title 26, chapters 26 and 37, including 26-26-1110 and 26-37-310) to model how and when tax delinquent severed mineral interests are sold, redeemed or lost.
Confirm in the official code that no dormant mineral, abandoned mineral or marketable title statute exists; only the opinion database was searched.
Acts of 2025 and 2026 were not checked.
Common questions
Can mineral rights lapse in Arkansas?
Not through nonuse alone. Arkansas has no dormant mineral statute, but an interest can be lost through unpaid taxes or a failure to work it, under the procedure its statute sets. The details are under How the rule works.
Does Arkansas allow forced pooling?
Yes. Arkansas has a forced pooling statute, summarized with its citation under Forced pooling above.
Does Arkansas require payment for surface damage?
A search of Arkansas’s official code found no surface damages statute of that kind. Leases, deeds and general law can still give the surface owner a claim.
What changed
The June 2026 edition listed Arkansas as Does not lapse, lapse period none. Release 2026.10 replaced that entry with the reviewed rule above, and retired the June risk score and ranking for every state. Release 2026.10.1 added the deceased or unlocated owner section. See all changes.
Cite this page
American Mineral Registry. "Do Mineral Rights Expire in Arkansas?" U.S. Mineral Rights Law Atlas, release 2026.10.1, October 6, 2026. https:// americanmineralregistry.com/ research/ states/ do-mineral-rights-expire-in-arkansas
[Do Mineral Rights Expire in Arkansas?](https:// americanmineralregistry.com/ research/ states/ do-mineral-rights-expire-in-arkansas), U.S. Mineral Rights Law Atlas, American Mineral Registry, release 2026.10.1 (2026-10-06).
<a href="https:// americanmineralregistry.com/ research/ states/ do-mineral-rights-expire-in-arkansas">Do Mineral Rights Expire in Arkansas?</ a>, U.S. Mineral Rights Law Atlas, American Mineral Registry, release 2026.10.1 (2026-10-06).
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title = {Do Mineral Rights Expire in Arkansas?},
howpublished = {U.S. Mineral Rights Law Atlas, release 2026.10.1},
date = {2026-10-06},
url = {https://americanmineralregistry.com/research/states/do-mineral-rights-expire-in-arkansas}
} TY - ELEC AU - American Mineral Registry TI - Do Mineral Rights Expire in Arkansas? T2 - U.S. Mineral Rights Law Atlas ET - 2026.10.1 DA - 2026/10/ 06 UR - https:/ / americanmineralregistry.com/ research/ states/ do-mineral-rights-expire-in-arkansas ER -
General information about statutes, not legal advice and not a title opinion. Facts about a specific interest decide the outcome. Published by American Mineral Registry, which also runs a commercial service for owners; see how the two relate.