Can the state land Commissioner transfer title of tax forfeited land to a state institution, particularly Southern Arkansas University under Ark. Stat. Ann. 10-904? A.C.A. 22-6-501. ANSWER: No. The land must adjoin the university for this statute to be applicable, and the land here is not adjoini

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL OPINION NO. 85-1 January 2, 1985 Mr. W. J. "Bill" McCuen Commissioner of State Lands State Capitol Building Little Rock, Arkansas 72201 Dear Mr. McCuen: You have requested an opinion from this Officé regarding the State Land Commissioner's possible issuance of a deed to tax-forfeited land. In your request, you provided me with a letter from the Chan- cellor of Southern Arkansas University, El Dorado Branch, in which he requests your Office to transfer the title of a lot close to the Southern Arkansas University campus by authority of Ark. Stat. Ann. §10-904 (Repl. 1976). That statute provides: The Commissioner of State Lands is hereby authorized and di- rected, upon the application presented by the management or board of trustees of any State Institution, to issue deed to said Institution's Board of Trustees for any tax-forfeited lands on his records as having been forfeited for the non-payment of taxes; provided, that such tax-forfeited land shall adjoin land already owned by said State Institution. . . (Emphasis added). The land in question, as you note, is not adjoining land owned by Southern Arkansas University, but is "within the area of expansion under consideration by the Board of Trustees and management". Thus, you are not authorized pursuant to §10-904 to deed the tax-forfeited land in question unless and until it adjoins land owned by Southern Arkansas University. The foregoing opinion, which I hereby approve, was prepared by Deputy Chief of Staff R.B. Friedlander. Sincerely, Attorney General SC:ble