House committee approves repeal of 1899 quiet-title language to clear title insurance obstacles

The House Judiciary Committee on Wednesday voted to advance Senate Bill 298, which removes outdated 1899 language from Arkansas’s quiet-title law that presenters said can prevent title companies from issuing insurance even after a court has cleared ownership.

Supporters said the statute’s language referencing “infancy” and mental incapacity dated to the 19th century and has had the practical effect of clouding titles and blocking financing. Representative Marcus Richmond, a presenter on the bill, said title companies will not insure some quiet-title actions while the antiquated statutory language remains in place.

“No known opposition from any of the title companies around here,” Senator Terry Rice told the committee, adding that realtors and the state land commissioner also support the repeal. Richmond said the change would “allow[] for a clean, more efficient process” and remove obstacles that prevent people from getting financing for land purchases.

Committee members asked clarifying questions about what the bill replaces; presenters said the language is being repealed, not replaced. Representative Richmond noted the language dates to 1899 and described modern courts and administrative processes as providing protections that make the old wording unnecessary.

Representative Richmond closed the presentation and moved the bill to a do-pass recommendation. The committee approved the motion by voice vote; the committee did not record a roll-call tally in the transcript.

The bill will move forward with the committee’s recommendation to do pass.