State Holds Claim to Submerged Island Near Marked Tree

MARKED TREE, AR - The Arkansas Supreme Court says a submerged island in the St. Francis River near Marked Tree belongs to the state and not the Hatchie Coon Hunting and Fishing Club.

The coon hunting and anglers club purchased a 700-acre tracts of land from the state in 1892, and brought suit in 2001 against three duck hunters over the operation of duck blinds on the property.  The island is now covered by a shallow layer of water.

The state appeals court last year ruled that the island belonged to the club.

But the Arkansas Supreme Court today reversed that decision, saying the property was the state's.  The high court said the club didn't lay claim to the property after the state took it over through adverse possession when the state raised the river's water levels in the early 1980s as a flood control measure.

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