85-152
Land belonging to minors sold for taxes. Are minors entitled to redeem land sold for delinquent taxes after two years after the tax sale? Is the redemption procedure the same for a minor, redeeming after two years, as it is for an adult redeeming within the two year period? Yes. They
Cite as Ark. Op. Att'y Gen. 85-152
STATE OF ARKANSAS _-
OFFICE OF THE ATTORNEY GENERAL
STEVE CLARK June 21, 1985 (501) 371-2007
ATTORNEOBENTON NO. 85-152
Honorable Ben Allen
Arkansas State Senator
State Capitol
Little Rock, Arkansas 72201
Dear Senator Allen:
This is in response to your opinion request dated the 29th day of May,
1985. In your letter, you state that minor constituents of yours own
a beneficial interest in Van Buren County. property. The land in question
was sold at a Van Buren County tax sale on November 25, 1981 and was not
redeemed within two years from that date. You ask whether your minor
constituents are entitled to redeem the land, after two years from the
date of the tax sale. In addition, you ask whather the redemption pro-
cedure is the same for a minor, redeeming after two years, as for an
adult who redeems within the two year period following the tax sale.
It is my opinion that any, or ail, of the minor constituents can redeem
the property, at any time, within two years from and after the expiration
of their minority. Ark. Stat. Ann. §84-1201. provides in part as follows:
All lands, town or city lots or part thereof, which may
hereafter be solid for taxes at delinquent sale, under the
laws of this State, may be redeemed at any time within
two (2) years from and after the sale thereof; and all
lands, city or town lots, belonging to insane persons,
minors or persons in confinement, and which have been
or may hereafter be sold for taxes, may be redeemed
within two (2) years from and after the expiration of such
disability. (Emphasis supplied)
Many cases confirm the right of a minor to redeem during his minority or
for two years afterward. See Carroll v. Johnson, 41 Ark. 59 (1883) and
George v. Hefley, 182 Ark. 678, 32 SW 2d 445 (1930). Thus, it is clear
that minors may redeem land in which they have an ownership interest
within two years after their minority.
The method of redmeption is stated in Ark. Stat. Ann. §84-1205. Since the
method of redemption stated therein makes no distinction between a redemption
by an adult or a minor, the method would be the same for both. Thus, the
clerk of the County Court should treat the redemption request by the minor
as any other request submitted to him.
If you have any further questions, pleage get in touch,
Attornky General
SC:RP: 1m
JUSTICE BUILDING, LITTLE ROCK 72201 : ~~