Category: Legal Analysis
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The Arkansas Franchise Tax Deadline is Looming.
Every year, the Arkansas Secretary of State requires that franchise taxes be paid by May 31, 2013. If you fail to pay by this date, then your business entity will be listed as “not current” and will be subject to penalties and taxes until the current year’s taxes are paid, or the entity formally dissolves.…
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A Tale of Two (or more) Cities: Can the Government Use Eminent Domain to Save Homeowners from Drowning In Loan Debt?
This is a loaded and, to date, not a fully answered question. However, the idea has support from a Cornell University Law Professor and at least two cities within the last year, Irvington, New Jersey and Richmond, California, have considered implementing such a plan. Irvington, New Jersey and Richmond, California could not be much further apart geographically, but…
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Transportation Efficiency v. Safety: The Debate on Oil Transportation Continues
The transportation of oil, gas, and other hydrocarbons certainly has sparked debate. All methods have its own sets of benefits and safety issues and concerns. Arkansans are certainly familiar with the Mayflower pipeline break and spill that occurred earlier this year. Alabama citizens now are watching the last of the flames from a oil rail…
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Arkansas Supreme Court Issues Ruling on Writs of Garnishments (Creditors Rejoice)
This morning, the Arkansas Supreme Court issued a very pro-creditor ruling in Primus Automotive Financial Services v. Sherry Wilburn and Kevin Wilburn, 2013 Ark. 258, which was an appeal from Sebastian County, Arkansas Case No. CV-761. The sole issue on review was whether the issuance of a writ of garnishment tolled the statute of limitations…
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Integration (Force Pooling) in Arkansas: What Happens to Unleased Mineral Interests?
If you’ve ever received notice from the Arkansas Oil and Gas Commission that your mineral interest was subject to an integration application, you may have wondered what “integration” actually is. Most states refer to it integration as “force pooling” or “compulsory pooling” of non-consenting mineral interests. In essence, after notice and a hearing, the Arkansas…
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FAQ: What Are The “Title Standards” And Why Are They Important?
The Standards for Examination of Real Estate Titles in Arkansas, or “title standards” for short, have been published since 1995, with the most recent and fourth edition being published just this past week. Attorneys frequently rely on title standards when conducting title examination for their clients. Each state where I practice oil and gas law, including Arkansas,…
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Arkansas Legislation Update
Just twenty-five days into the 89th General Assembly’s legislative session and there have been 265 House Bills and 256 Senate Bills introduced. As of February 7, 65 Acts have been passed, most of which are appropriation Acts. On a more substantive level, SB 12 (Act 39) and SB 56 (Act 42), related to sex offender…
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Man Accused of Fraud for Taking Wife’s Surname After Marriage
Legal news comes in various flavors. This news story can be categorized under the “odd and unfortunate.” Mr. Lazaro Sopena, a Cuban-born immigrant, agreed to take his wife’s surname of Dinh after they became married. The reason was sweet, and dubbed an “act of love”, as Mr. Sopena offered to take his wife, Hanh Dinh’s,…
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USGS Study Reveals No Evidence of Contamination from Fracking in Arkansas
Reuters has announced the results of a United States Geological Survey study of 127 shallow domestic wells located in Faulkner County, and Van Buren County, Arkansas. The study of a sample of over four thousand existing wells revealed that there was no evidence of contamination from hydraulic fracturing (“fracking”) in these Arkansas counties. Score one for proponents of…
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Perspective: US Oil and Gas Industry Would be the World’s 16th Largest Economy
A recent PricewaterhouseCoopers study, entitled “Economic Impacts of the Oil and Natural Gas Industry on the US Economy in 2011” demonstrates how important the industry is to the US economy. Based on this study, if the United States’ oil and gas industry by itself was a standalone country, it would rank as the 16th largest…