Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-11-101 Enforcement of laws or orders on complaint
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It is made the duty of the Arkansas Department of Transportation, on complaint, to enforce by necessary order any or all laws of this state pertaining to railroads and express companies.
Ark. Code Ann. § 23-11-102 Fees of domestic companies
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(a) All railroad, street, interurban, or other transportation companies organized under the laws of this state shall pay the following incorporation fees:(1) On all lines not exceeding twenty-five (25) miles in length, one hundred dollars ($100); and(2) On lines exceeding twenty-…
Ark. Code Ann. § 23-11-103 Railroads and express companies — Annual reports — Failure to report — Penalty
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(a) It is the duty of every person or corporation operating any railroad or express company in this state to make annual returns of the business of the railroad or express company to the Arkansas Department of Transportation. (b) (1) The returns shall embrace all receipts and exp…
Ark. Code Ann. § 23-11-104 Report of department as to information regarding railroad companies
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(a) (1) The Arkansas Department of Transportation shall ascertain as early as practicable the amount of money expended in the construction and equipment per mile of every railroad in Arkansas, the amount of money expended to procure the right-of-way, and the amount of money it wo…
Ark. Code Ann. § 23-11-201 Title
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This subchapter shall be known as the “Railroad Incorporation Act of 1959”.
Ark. Code Ann. § 23-11-202 Definitions
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(a) For purposes of this subchapter, unless the context otherwise requires:(1) “Department” means the Arkansas Department of Transportation or such other department as may be created or established for the purpose of regulation of common carriers in the State of Arkansas; and(2) …
Ark. Code Ann. § 23-11-203 Articles of incorporation
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(a) The articles of incorporation of any contemplated railroad corporation shall contain all of the information prescribed for inclusion in the application to be filed with the Arkansas Department of Transportation by § 23-11-204. However, it shall not be necessary that the artic…
Ark. Code Ann. § 23-11-204 Formation of railroad corporation — Application — Contents
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(1) Any number of persons, not fewer than three (3), being subscribers of the stock of any contemplated railroad corporation and desiring to form a railroad corporation under the laws of this state, may do so by first filing an application with the Arkansas Department of Transpor…
Ark. Code Ann. § 23-11-205 Application for incorporation — Hearing — Order of department
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(a) Promptly after the filing of an application for the organization of a railroad corporation, the Arkansas Department of Transportation, under and in accordance with rules and regulations to be established by the department, shall set a date for a hearing upon the application a…
Ark. Code Ann. § 23-11-206 Issuance of charter
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Upon the payment of the fees prescribed by law, the Secretary of State shall issue to the corporation a charter granting unto it perpetual existence in accordance with its articles of incorporation unless a limited term of existence shall be provided for in the articles.
Ark. Code Ann. § 23-11-207 Filing of papers — Effect
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(a) Certified copies of the articles of incorporation together with copies of the charter issued by the Secretary of State and the order of the Arkansas Department of Transportation shall be filed in the office of the county clerk of each county through which the proposed line sh…
Ark. Code Ann. § 23-11-208 Characteristics and powers generally of corporation
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(1) When the charter and articles of incorporation shall have been filed as provided in §§ 23-11-205 and 23-11-207, the persons who shall have signed and acknowledged the articles of incorporation and their successors shall be a body politic and corporate by the name stated in th…
Ark. Code Ann. § 23-11-209 Specific powers and liabilities
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(1) Every such corporation shall possess the general powers and be subject to the general liabilities and restrictions expressed in the special powers following, that is to say:(1) To cause such examinations and surveys by their officers, agents, and servants for the proposed rai…
Ark. Code Ann. § 23-11-210 Stockholders' first meeting
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(a) As soon as practicable after the charter and articles of incorporation shall have been filed in the office of the Secretary of State and in the offices of the county clerk as provided by other provisions of this subchapter, the subscribers of the articles of incorporation sha…
Ark. Code Ann. § 23-11-211 Annual and special meetings of stockholders
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(a) Every railroad corporation incorporated under the laws of this state shall prescribe in its bylaws the time for holding an annual meeting of the stockholders of the corporation for the purpose of electing directors and the transaction of such other business as may be necessar…
Ark. Code Ann. § 23-11-212 Voting of shares generally
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(a) (1) The owner of any share of any railroad corporation organized under the law of this state may vote in person or by proxy at any meeting of the stockholders.(2) The owner of record of the stock as reflected by the stock records of the corporation at the time of the meeting …
Ark. Code Ann. § 23-11-213 Board of directors — Members
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(a) The directors of every railroad corporation shall have the power to make bylaws, and the bylaws shall provide for a board of directors composed of not fewer than three (3) persons. (b) (1) Directors shall be chosen at the stockholders' meeting by ballot and by a majority of t…
Ark. Code Ann. § 23-11-214 Board of directors — Meetings
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(a) Except as may be otherwise provided by law or by the bylaws, a majority of the board shall constitute a quorum for the transaction of business. (b) The board of directors shall hold one (1) regular annual meeting within or without the State of Arkansas on the date fixed by th…
Ark. Code Ann. § 23-11-215 Board of directors — Powers generally
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The management of the affairs of the corporation shall be vested in the board of directors, and, subject only to the limitations provided by law or by its articles, the board shall have full control over the affairs of the corporation and may authorize the exercise of all of its …
Ark. Code Ann. § 23-11-216 Board of directors — Issuance of bonds, certificates of indebtedness — Security
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In addition to the rights and powers conferred on railroad corporations by their charters and the laws of this state, the directors are authorized and empowered, by and with the consent or approval of a majority of the stockholders, to cause to be issued and executed, bonds or ot…
Ark. Code Ann. § 23-11-217 Dividends — Declaration and payment by board of directors
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(a) (1) The board of directors are also empowered to declare and pay dividends to the stockholders.(2) Dividends may be declared and paid by the board of directors, either in cash, in tangible or intangible choses in action or property, or in stock, subject to such restrictions a…
Ark. Code Ann. § 23-11-218 Officers and committees of board of directors
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(a) The board of directors shall select the officers of the corporation. (b) There shall be:(1) A president of the company, who shall be chosen by and from the directors;(2) Such committees of the board of directors vested with such authority and powers as may be fixed by resolut…
Ark. Code Ann. § 23-11-219 Subscription contracts for sale of stock
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Railroad corporations organized under the law of this state are authorized to enter into subscription contracts for the sale of their stock under such terms, conditions, and restrictions and subject to such liabilities relative thereto as are provided by law for such contracts by…
Ark. Code Ann. § 23-11-220 Amendment of articles of incorporation
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(a) Amendments to the articles of incorporation of any railroad corporation incorporated under the law of this state shall be made only by the vote of a majority of the stockholders of the corporation. (b) (1) No amendment shall be voted upon unless and until notice of an intenti…
Ark. Code Ann. § 23-11-221 Dissolution or liquidation of railroad corporation
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(a) Railroad corporations organized under the laws of this state may be dissolved or liquidated, wholly or in part, after approval of the action by the Arkansas Department of Transportation in the manner provided by the law for dissolution or liquidation of business corporations …
Ark. Code Ann. § 23-11-222 Corporations existing prior to June 11, 1959 — Application of subchapter — Extension of existence
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(a) This subchapter shall be applicable to all railroad corporations organized under the laws of this state, provided that each existing railroad corporation may, within two (2) years of June 11, 1959, file with the Arkansas Department of Transportation, the Secretary of State, a…
Ark. Code Ann. § 23-11-223 Corporations existing prior to June 7, 1945 — Extension of charter
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(a) Upon the application of any railroad corporation chartered under the laws of this state prior to June 7, 1945, accompanied by a resolution of the board of directors of the railroad corporation, the Arkansas Department of Transportation is authorized to extend the charter of a…
Ark. Code Ann. § 23-11-301 Authority of railroad to sell or lease road or property
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Every railroad corporation incorporated under the laws of this state whose road is wholly or in part constructed and operating is authorized to sell, lease, or otherwise dispose of the whole, or any part, of its roadways, and rights-of-way, with the franchises thereto belonging, …
Ark. Code Ann. § 23-11-302 Authority to sell or lease road or property to connecting foreign railroad — Authority to acquire other railroads — Ratification
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(a) Subject to the approval thereof by the Arkansas Department of Transportation under such rules for procedure as it may establish and a determination that such action will be in the public interest, any railroad corporation in this state may sell or lease its road, property, an…
Ark. Code Ann. § 23-11-303 Construction, purchase, or lease of railroad in adjoining state authorized
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Any railway company which may have built its road to the boundary line of the state may extend into the adjoining state and for that purpose may build, buy, or lease a railroad in the adjoining state and operate the railroad. The company may own such real estate and other propert…
Ark. Code Ann. § 23-11-304 Formation of connecting lines — Aid to construction of other railroad authorized
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Any railroad company heretofore incorporated or hereafter organized, in pursuance of law, may aid any other company at any time, by means of subscription to the capital stock of the other railroad company, or otherwise, in the construction of its railroad within or without the st…
Ark. Code Ann. § 23-11-305 Consolidation when lines connect at state boundary line
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(a) Any railroad companies organized under the laws of this state whose roads connect at the boundary line of this state are authorized to consolidate and form one (1) company owning and controlling the consolidated line of road, with all the powers, rights, privileges, immunitie…
Ark. Code Ann. § 23-11-306 Consolidation of two or more railroad companies to effect continuous line
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(a) Any two (2) or more railroad companies in this state, existing under either general or special laws, owning railroads which are constructed wholly or in part and which, when completed and connected, will form one (1) continuous line of railroad continuing and running in the s…
Ark. Code Ann. § 23-11-307 Consolidation with foreign corporation
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(a) Any corporation formed under the laws of this state and chartered thereby may consolidate with any corporation of any adjoining state in the manner provided by law. (b) The consolidated corporation shall become, be, and remain a corporation of this state and amenable to its l…
Ark. Code Ann. § 23-11-308 Bonds issued by leasing, purchasing, or consolidating corporation — Security for bonds
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(a) For the purpose of carrying out and executing any or all of the powers granted in §§ 23-11-301, 23-11-303 — 23-11-306, 23-11-309, and 23-11-315, bonds or other evidences of debt may be issued by any leasing, purchasing, or consolidating corporation, not inconsistent with the …
Ark. Code Ann. § 23-11-309 Stockholders' consent required for purchase of stock, lease, or consolidation
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(1) No aid as provided in § 23-11-304 shall be furnished, nor shall any purchase, lease, subletting, consolidation, or arrangements be perfected, until:(1) A meeting of the stockholders of all the companies, parties to the agreement, whereby a railroad in this state may be aided,…
Ark. Code Ann. § 23-11-310 Articles of consolidation or purchase — Amount of capital stock
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(a) Articles of consolidation or purchase shall be signed by a majority of the directors of the respective companies and shall be filed and recorded in the office of the Secretary of State. (b) The articles of consolidation or purchase shall set forth the amount of the capital st…
Ark. Code Ann. § 23-11-311 Control of parallel or competing line prohibited — Contracts, etc., void — Penalties
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(a) (1) No railroad or the lessees, purchasers, or managers of any railroad shall consolidate the stock, property, or franchises of the corporation with, nor lease or purchase the works or franchises of, nor in any way control any other railroad owning or having under its control…
Ark. Code Ann. § 23-11-312 Rights and privileges of consolidated and purchasing companies
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(a) When any two (2) railroad companies shall become consolidated under the laws of this state or when any railroad which has been wholly or partially constructed shall become the lawful purchaser or owner of another line which has not been constructed, the consolidated company, …
Ark. Code Ann. § 23-11-313 Debts of purchased or consolidated companies — Claims
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(a) (1) Whenever any railroad company, corporation, or individual purchases any railroad from any other railroad company, corporation, or individual, the company, corporation, or individual purchasing shall take and hold the railroad subject to all debts, liabilities, and obligat…
Ark. Code Ann. § 23-11-314 Forfeiture of lease — Ouster
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(a) The franchise and all charter rights whatsoever of any railroad company in and to all railroad, roadbed, bridge, depot, or other railroad property, as well as the possession of, and right to operate, which may have been acquired by the railroad under and by virtue of any leas…
Ark. Code Ann. § 23-11-315 Corporations formed to purchase or lease railroads — Stock issued in payment deemed fully paid shares
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(a) Subject to the provisions of Acts 1959, No. 30, corporations may be formed for the purpose of purchasing or leasing the whole or any part of any railroad, and that purpose or object shall be stated in the application and articles of incorporation. (b) All shares of stock issu…
Ark. Code Ann. § 23-11-401 Authority to construct railroads in state
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Any railroad company existing under the laws of any other state or territory may extend and construct its railroad into or through this state.
Ark. Code Ann. § 23-11-402 Purchase or lease of state roads — Exception
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Subject to approval thereof by the Arkansas Department of Transportation under such rules for procedure as it may establish and a determination that action will be in the public interest, any railroad corporation existing under the laws of any other state or territory may buy, le…
Ark. Code Ann. § 23-11-403 Lessor and lessee of railroad subject to laws
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A corporation in this state leasing its road to a corporation of another state shall remain liable as if it operated the road itself, and a corporation of another state, being the lessee of a railroad in this state, shall likewise be held liable for the violation of any of the la…
Ark. Code Ann. § 23-11-404 Right to tax uncurtailed
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Nothing in §§ 23-11-302, 23-11-401, and 23-11-402 shall be held or construed as curtailing the right of state or counties through which a consolidated, leased, or purchased road may be located to levy and collect taxes upon the road and the rolling stock thereof, pro rata, in con…
Ark. Code Ann. § 23-11-501 Grants for purpose of aiding in construction of railroads
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(a) Any person or corporation, public or private, who may wish to donate, grant, or devise any lands or other property for the purpose of aiding in the construction, building, or running of any railroad within this state, under the provisions of this act, may, by deed or otherwis…
Ark. Code Ann. § 23-11-502 Lands forfeited upon failure to apply for and accept conveyance
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Any railroad company which becomes entitled to a conveyance of any lands from the state shall apply therefor and accept a conveyance from the state within six (6) months after completion of the act by which it became entitled to the conveyance. Any company which fails to do so wi…
Ark. Code Ann. § 23-11-503 Forfeited lands revert to state
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All lands forfeited under the provisions of this section and §§ 23-11-502 and 23-11-505 shall revert to and belong to the State of Arkansas and shall be sold as other lands.
Ark. Code Ann. § 23-11-504 Report of failure to accept or forfeiture of lands — Lands proclaimed subject to sale
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(a) The Commissioner of State Lands is charged with the duty of making inquiry and of reporting to the Governor all failures of any railroad company to make application and accept conveyance within the time specified in § 23-11-502. He or she shall report all failures with a list…