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White River Sand & Gravel Removal Commission v. Hayes Bros. Land & Timber Co.
Citations: 259 Ark. 283; 532 S.W.2d 191; 1976 Ark. LEXIS 2060Docket: 75-239
Court: Supreme Court of Arkansas; February 9, 1976; Arkansas; State Supreme Court
Act 232 of 1971 governs the removal of sand and gravel from a specified section of the White River and established a commission to regulate this activity, considering local construction needs and environmental impacts. A riparian landowner's permit application was denied by the commission, leading to an appeal where the trial court deemed the act unconstitutional as local legislation under the Arkansas Constitution's Amendment 14. However, the appellants argued for its validity. The court found the issue moot, as Act 524 of 1975 implicitly repealed Act 232 by covering the same subject matter comprehensively. Act 524 transfers authority to the Department of Commerce for issuing leases and permits for the removal of natural resources from state-owned lands and establishes the Natural Resources Committee, which includes various departmental directors. Under Act 524, no removal of sand and gravel from navigable waters is allowed without a permit from the Department of Commerce, which must consult multiple state agencies before approval. The Department of Commerce is granted the authority to approve or deny permits and leases for the removal of sand and gravel, subject to conditions deemed beneficial for the state. Written consent from relevant state agencies is required when they have property interests involved. The Act assigns the Department of Commerce the responsibility for evaluating applications and overseeing the extraction of sand and gravel from navigable rivers and lakes, ensuring proper supervision of leaseholders and permittees on state-owned lands. The 1975 Act, consisting of fifteen sections, explicitly replaces the previous 1971 Act, which had six sections, indicating the legislature's intent to establish a comprehensive and uniform framework for sand and gravel removal across all navigable streams in the state, rather than a limited approach. The appeal is deemed moot.