State v. Hatchie Coon Hunting & Fishing Club, Inc.

Because the majority has misconstrued both the facts and the law in this case, resulting in a deprivation of Hatchie Coon’s property, I respectfully dissent. The decision relied upon by the majority does indeed make clear that the State can “take,” by prescription, lands that it has extended by artificial means. See State ex rel. Thompson v. Parker, 132 Ark. 316, 200 S.W. 1014 (1917). However, the State’s action must be taken without the consent of the landowner. See id. at 321-22, 200 S.W. at 1016 (“When the waters of natural navigable lakes in this state are extended by artificial means, so…