Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided January 10, 2003Published

1Opinion of the Court

The Honorable Jimmy "Red" Milligan State Representative P.O. Box 68 Yellville, AR 72687-0068

Dear Representative Milligan:

I am writing in response to your request for my opinion on the following question:

Can the quorum court enact an ordinance requiring the sellers of land, be it an individual or real estate company, on a "contract for deed" to record said contract or any part thereof in the county clerk's office? Would this run afoul of the statute of frauds?

RESPONSE

In my opinion, the quorum court lacks the authority to enact an ordinance of the sort described in your request, since doing so…

2Cases cited5 opinions

  1. Kollmeyer v. GreerSupreme Court of Arkansas · 1980
  2. Gunter v. LudlamSupreme Court of Arkansas · 1922
  3. Judd v. RieffSupreme Court of Arkansas · 1927
  4. Mary Joyce Thomson v. United StatesCourt of Appeals for the Eighth Circuit · 1995
  5. Thorpe v. Jones (In Re Jones)United States Bankruptcy Court, E.D. Arkansas · 1985

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