Property rights in Arkansas

The State of Arkansas has had five different state constitutions. The current constitution was approved by a 3 to 1 majority during a period when Arkansans were distrustful of government. From the Civil war to a military regime and political reconstruction the citizens of Arkansas were leery of government in general and the constitution was written to be  restrictive to government and protective of the citizenry.

Beginning with Ar 1 Section 1 it states; All political power is inherent in the people and government is instituted for their protection, security and benefit;  I find it
interesting to note that the authors felt it was critical to establish who was in charge in the State of Arkansas. Next they go on to further state in Sec 22, The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damaged for public use, without just compensation therefor.This make it very clear that property rights are the most important right in Arkansas. Finally in Sec 28 this statement declares how little the property can be encumbered by stating, All lands in this State are declared to be allodial; and feudal tenures of every description, with all their incidents, are prohibited.

What is allodial land you might ask? Allodial lands are the absolute property of their owner and not subject to any service or acknowledgment to a superior. An allodial title is the opposite of a feudal tenure such as fee simple. Allodial Title is a concept in
some systems of property law. It describes a situation where real property (land, buildings and fixtures) is owned free and clear of any encumbrances, including liens, mortgages and tax obligations. Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason whatsoever.

So why is it important to understand all this stuff? The answer is because in Arkansas there is a great assault on property rights from the Maumelle watershed to the ETJ. (extra territorial jurisdiction) Property rights are being taken away at an
alarming rate. Consider all of the rules and regulations placed upon our land with no consideration to the landowner’s desire or rights. Consider the lands that have lost value because of code restrictions and subdivision rules. All of these things are being done outside the authority of the Arkansas constitution.
It’s about time we begin reasserting our rights and rebuking those who would attempt to restrict devalue and even take what they have no right to. If we cannot protect our land rights we will not be able to protect individual rights. Get educated and get engaged  and we can restore freedom and liberty in Arkansas.

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