Tag Archives: Arkansas

Will Northwest Arkansas ramp up?


Successful businesses spawn–and depend on–other businesses. The scale of Walmart’s success has changed the face of Northwest Arkansas and spilled over to some extent in to adjacent areas. What next?

Matt Fifer and Grace Calloway sketch out a scenario of an astounding escalation in creation of opportunities for building on Walmart’s success: The Boom Ahead–Why Northwest Arkansas Could be the Next Silicon Valley.

Matt’s own career exemplifies what he’s writing about. I met Matt about five years ago, when he asked me to assist him with a small real estate deal in the Table Rock Lake area. He told me that he grew up in Stone County, Missouri, and had graduated from Reeds Spring high school. He worked for Walmart several years after college and rose through the ranks. He left Walmart not long before I met him and started a business called 8th & Walton, which teaches how to do business with Walmart. That business has grown steadily.

As this essay points out, if you can do business with Walmart as a vendor or service provider, you probably have the ability to do business with other large companies. Because so many companies located in Northwest Arkansas have honed their skills in product development and marketing by learning to do business with Walmart, the next stage may be for venture capitalists to move in and provide the funding that will allow many new efforts to succeed.

Is it necessary to affirm the right to hunt and fish in state constitutions?


“I liked it better when I was hunting birds there,” said the mediator, when he figured out the location of the garages at a Branson condominium. Seven attorneys gathered to attempt to resolve a dispute over rights to use four garages at the condominium.

As the Ozarks and much of rural America becomes suburbanized, many people want to protect their cherished traditions of hunting and fishing. In ten states, citizens have amended their constitutions to affirm the right to hunt and fish. Oklahoma has done so and the proposal is being considered in Arkansas and Tennessee.

As I hear people in the Ozarks express themselves about land and water and fish and game, I hear the same arguments that have been made to affirm the rights of native peoples to continue their hunting and fishing traditions, some of which have been protected from state regulation by federal law.

The Ozarks have been populated by people of mostly European ancestry for nearly 300 years. After many generations, it’s no wonder that members of old Ozarks familes feel like they need to assert themselves to hang on to their culture. And those whose families haven’t been around as long would naturally want to feel secure in their adopted traditions.

Getting outside in the Ozarks


Within a week, the heat wave will have run its course and we’ll surely have a little rain. Then we can get moving again in the wonderful Ozarks outdoors and watch the greens become gold, orange and red.

Here are some links for outdoor activities Read the rest of this entry

Reformation, or when may a court change a deed?


When Rocky Lawrence saw the rig move onto his property to drill a gas well, he checked his deed. Sure enough, nothing on the deed indicated that the seller of the property reserved the mineral rights.

Patsy Barnes saw the same drilling rig and went to Conway Title Company to make sure that she had reserved the mineral rights when she signed the deed conveying that property to Lawrence.   She was certain that the contract for sale stated that the mineral rights would not be conveyed to Lawrence.

Sarah at Conway Title had one of those awful moments, realizing that the reservation of mineral rights was not in the deed that Patsy signed, though the purchase contract stated that the mineral rights would be reserved to the seller. Sarah asked Lawrence to sign a correction deed, but he refused. Then Lawrence filed a quiet title suit, hoping to affirm that he and his wife owned the mineral rights and would receive royalties from natural gas produced from the well on their land.

People ought to be bound by what they sign, especially when it comes to real estate. Otherwise, what would be the point of putting the contract or deed in writing or reading a contract before signing it?

Mistakes are inevitable, and it would be unfair to allow someone to benefit from a mistake at the expense of another. Courts have developed the equitable remedy of reformation for the correction of mistakes and have also developed some strict rules for determining whether to reform a contract or a deed. Though the exact rules vary a bit from state to state, the basic rules are these: Read the rest of this entry