Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided September 25, 2008Published

1Opinion of the Court

The Honorable Shirley Walters State Representative Post Office Box 1876 Greenwood, Arkansas 72936-1876

Dear Representative Walters:

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

Can a county continue to tax a property owner for the portion of their property that has been taken by the county under adverse possession to be used as a county road?

RESPONSE

In my opinion, a definitive answer to your question depends upon how title to the property is held. You have not provided specific information in this regard, and I must, therefore, speculate as to the possible…

2Cases cited5 opinions

  1. Fullenwider v. KitchensSupreme Court of Arkansas · 1954
  2. Ex parte GainesSupreme Court of Arkansas · 1892
  3. Johnson v. WylieSupreme Court of Arkansas · 1984
  4. McMahan v. Carroll CountySupreme Court of Arkansas · 1964
  5. Palmer v. SandersSupreme Court of Arkansas · 1961

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