Ark. Code Ann. § 15-72-110 (2026)
Appeals
In all proceedings brought under authority of this act, of any oil or gas conservation statute of this state, or of any rule or order issued thereunder and in all proceedings instituted for the purpose of contesting the validity of any provision of the act, of any oil or gas conservation statute, or of any rule or order issued thereunder, appeals may be taken in accordance with the general laws of the State of Arkansas relating to appeals. However, in all appeals from judgments or decrees in suits to contest the validity of any provision of this act, or any rule of the Oil and Gas Commission hereunder, the appeals when docketed in the Supreme Court shall take precedence over other cases on the docket of that court and may be advanced as that court may order and direct.
History. Acts 1939, No. 105, § 20; A.S.A. 1947, § 53-120; Acts 2019, No. 315, § 1243.
Amendments. The 2019 amendment deleted “regulation” following “rule” twice in the first sentence and deleted “or regulation” following “rule” in the second sentence.
Meaning of “this act”. See note to § 15-72-102.
Case Notes
In General.
Circuit court erred in dismissing with prejudice, based on sovereign immunity, an administrative appeal from final orders of the Oil and Gas Commission because sovereign immunity was not implicated where the commission was not “made a defendant” as contemplated by the state constitution; the commission's role in the proceeding was that of a tribunal or a quasi-judicial decision-maker rather than a real party in interest. It followed that the circuit court's rulings declaring the adjudicatory provisions of the Administrative Procedure Act unconstitutional and invalidating the commission's orders as void ab initio also were reversed. Ark. Oil & Gas Comm'n v. Hurd, 2018 Ark. 397, 564 S.W.3d 248 (2018).
Cited: Amoco Prod. Co. v. Ware, 269 Ark. 313, 602 S.W.2d 620 (1980).
Subchapter 2 — Wells and Drilling Generally
Cross References. Mechanics' and materialmen's liens, § 18-44-201 et seq.
Effective Dates. Acts 1917, No. 166, § 19: approved Mar. 3, 1917. Emergency clause provided: “This act being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force and effect from and after its passage.”
Acts 1925, No. 132, § 4: effective on passage.
Acts 1979, No. 113, § 6: Feb. 13, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing laws determining the authority of the Oil and Gas Commission, do not sufficiently define such authority; therefore, an emergency is hereby declared to exist, and it being necessary for the immediate preservation of the public peace, health and safety, this Act shall take effect and be in full force from and after its passage and approval.”
Acts 1981, No 523, § 8: Mar. 16, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the best interests of the State of Arkansas can be served by the enactment of this legislation, and this Act being necessary for the continued operation of the Oil and Gas Commission should be immediately effective. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force from and after its passage and approval.”
Acts 1985, No. 559, § 3: Mar. 25, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the best interests of the State of Arkansas can be served by the enactment of this legislation, and this Act being necessary for the continued operation of the Oil and Gas Commission should be immediately effective. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1991, No. 559, § 5: Mar. 14, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that the best interests of the State of Arkansas can be served by the enactment of this legislation and that this Act should be given immediate effect. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.
Research References
Am. Jur. 38 Am. Jur. 2d, Oil & G., § 145 et seq.
U. Ark. Little Rock L.J.
Wright, The Arkansas Law of Oil and Gas, 10 U. Ark. Little Rock L.J. 5.