Title 27 — Transportation

It is declared to be the policy of the state to take over, construct, repair, maintain, and control all the public roads in this state comprising state highways as defined in this chapter.

This act shall not be construed as divesting the county court of any of its original jurisdiction over the roads granted by the Arkansas Constitution, but the object of this act is to give aid and assistance in the maintenance and improvement of those parts of the public roads of…

Any person who shall knowingly or willfully neglect or refuse to perform any duty either to do or to desist from doing anything which may be required by law relating to roads, highways, or other public improvements in this state shall be deemed guilty of a misdemeanor and upon co…

(a) State highways are declared to be those primary roads and secondary roads and connecting roads heretofore designated by the State Highway Commission, as shown by a map on file in the office of the commission, entitled “Map of the State of Arkansas Showing State Highway System…

(a) The State Highway Commission is authorized to designate and establish truck routes through cities and towns, which routes shall be properly marked by the commission. (b) Any truck route so established shall become a part of the state highway system, and the Arkansas Departmen…

(a) The following highways and designated parts of highways within the State of Arkansas are designated as scenic highways:(1) U.S. 65 from the Louisiana line to the Missouri line;(2) U.S. 71 from the Louisiana line to the Missouri line;(3) U.S. 82 from the Mississippi River to T…

(a) The State Highway Commission shall include as a part of the state highway system the most used vehicular roads located within the geographical boundaries of all existing state parks and the most used roads and highways connecting established state highways with state parks. W…

(1) The State Highway Commission may include as a part of the state highway system the principal vehicular road leading to each municipal airport in this state that is located outside the city limits of a municipality and that:(1) Has one (1) or more hard-surfaced runways at leas…

(a) It shall be the duty of the State Highway Commission to construct the roads in the state highway system which are not now constructed and that the work of construction be pushed as rapidly as funds are available for that purpose. (b) The commission shall begin the work of con…

(a) As used in this chapter, unless the context otherwise requires, “maintenance” means the constant making of all repairs necessary to preserve a smooth surface on the roads and to keep the bridges and culverts in a safe condition and shall include drainage work, the building of…

The State Highway Commission may purchase materials in quantities for use on the public works and may let contracts by the terms of which the contractors shall be required to use these materials in carrying out their contracts. However, any material purchased shall be bought only…

(a) It is declared to be the policy of the state to encourage, in every way possible, the development of natural resources of the state, which resources are suitable for use in highway construction. (b) Whenever upon investigation the commission shall find that suitable materials…

When the Arkansas Department of Transportation, by lease or by oral or written agreement with the landowner, enters upon the land and severs sand and gravel for the purpose of using the sand and gravel in the repair, maintenance, or construction of state highways, then the depart…

(a) As used in this section, “traffic control device” means a sign, signal, marking, or device placed or erected for the purpose of regulating, warning, or guiding traffic. (b) If a traffic control device or barricade is placed or erected to close a public highway under the autho…

(a) The State Highway Commission may call upon the county court to change or widen, in the manner provided by § 14-298-121, any state highway in the county where the state highway engineer deems it necessary for the purpose of constructing, improving, or maintaining the road. (b)…

(a) The Arkansas Department of Transportation shall paint and maintain white stripes not less than four inches (4″) in width on both edges of all hard-surfaced primary and secondary state roads with a pavement width of twenty feet (20′) or more and carrying one thousand (1,000) o…

(a) It shall be the duty of the members of the State Highway Commission and of the state highway engineers, on all trips in the state, to particularly observe crossings of railroads on state highways. (b) It shall be the duty of all railroad companies and the owners of tramroads …

(a) (1) When the Arkansas Department of Transportation has been forced to bar traffic from a flooded section of a state highway by putting up signs directing the traffic from the state highway or by stationing state highway employees on the state highway to direct traffic from th…

The Arkansas Department of Transportation is authorized to make any necessary repairs to a county road to restore the road to its former condition of repair in those instances where damages to the county road may have been occasioned by the department in connection with the const…

The Arkansas Department of Transportation shall design, erect, and maintain signs at the closest and all other proper exits and intersections of state and federal highways designating exits to any and all institutions of higher education and postsecondary vocational and technical…

(a) It shall be unlawful for any person to dig up any portion of the state highways or to otherwise disturb them for the purpose of laying pipelines, sewers, poles, wires, ditches, railways, or for any other purpose, except as authorized by an order of the State Highway Commissio…

(a) U.S. 71 from the I-40 intersection to the Missouri line shall be designated as the “John Paul Hammerschmidt Highway” within the State of Arkansas. (b) In addition to that portion of U.S. 71 designated the “John Paul Hammerschmidt Highway” under subsection (a) of this section,…

(a) The route along U.S. 67 and State 7 between Hope and Hot Springs regularly traveled by the Honorable Bill Clinton, 42nd President of the United States, during his childhood, is hereby designated “The Highway of Hope”. (b) The Arkansas Department of Transportation shall erect …

(a) The Arkansas Department of Transportation is authorized to post signs along the public streets and highways of Arkansas to inform persons who are licensed amateur radio operators of the existence of a high frequency radio repeater within a specific local area, provided such s…

(a) (1) “State police officer” means any employee of the Division of Arkansas State Police who holds the rank of state trooper or higher rank, including the Director of the Division of Arkansas State Police.(2) The term “state police officer” does not include any:(A) Civilian emp…

(a) The route along Highway 67 through Jackson County, Lawrence County, Randolph County, and White County regularly traveled by the great legends of early rock ‘n’ roll is hereby designated “Rock ‘n’ Roll Highway 67”. (b) The Arkansas Department of Transportation shall erect appr…

(a) (1) To provide more detailed directions on highways, roads, and streets to agritourism vineyards and wineries in the State of Arkansas, the Arkansas Wine Country Trail is established.(2) (A) The Arkansas Wine Country Trail shall include the highways, roads, and streets that l…

(a) To honor Arkansas's fallen service members, who have served this great country in the United States Armed Forces, and their families, each of the following routes is designated as a “Gold Star Families Highway”:(1) The route along Highway 163 North from its intersection with …

(a) The route along U.S. Highway 65 South from Pine Bluff, Arkansas, to the border between Arkansas and Louisiana is designated the “Delta Rhythm & Bayous Highway”. (b) The Arkansas Department of Transportation shall erect appropriate signs along U.S. Highway 65 South from Pine B…

(a) The General Assembly finds that:(1) Eastern Arkansas, commonly referred to as the “Arkansas Delta”, is known for its rich musical heritage;(2) Some of the most influential musicians in the development of blues, soul, country, rockabilly, rhythm and blues, gospel, and prison m…

(a) As used in this section:(1) “Construction project information sign” means temporary signs placed at the beginning and end of a public road construction project informing motorists of the:(A) Public road construction project start date and estimated date of completion; and(B) …

(a) The General Assembly finds that:(1) True Grit, a novel written by native Arkansan Charles Portis, is considered by some critics to be one of the great American novels;(2) The novel follows the story of a tenacious young girl as she travels in Arkansas from the Dardanelle area…

(a) The General Assembly finds that:(1) Arkansas has long been noted for its mineral wealth and beautiful rock formations;(2) The geological diversity of the state provides residents and visitors with:(A) Excellent recreational opportunities; and(B) Natural scenic beauty;(3) In p…

(a) The State Highway Commission is authorized to acquire real or personal property, or any interest therein, deemed to be necessary or desirable for state highway purposes, by gift, devise, purchase, exchange, condemnation, or otherwise. (b) These lands or real property may be a…

(1) State highway purposes shall include, but are not limited to, the following:(1) For present and future rights-of-way, including those necessary for urban extensions of state highways within municipalities;(2) For exchanging them for other property to be used for rights-of-way…

(a) The Arkansas Department of Transportation and its agents and employees may enter upon real property and make surveys, examinations, photographs, tests, and samplings, or engage in other activities for the purpose of appraising the property or determining whether it is suitabl…

(a) The rights-of-way provided for all state highways shall be held inviolate for state highway purposes, except as provided in subsections (b) and (c) of this section. No physical or functional encroachments, installations, signs other than traffic signs or signals, posters, bil…

In connection with the acquisition of lands, property, or interests therein for state highway purposes, the State Highway Commission, in its discretion, may acquire an entire lot, block, or tract of land or property, if by so doing the interests of the public will be best served,…

(a) The State Highway Commission, as lessor, may execute lease or rental agreements covering real property, and any interest in that property, including without limitation the right-of-way of any state highway, owned or held by the commission, the use of which for highway purpose…

(a) Temporary easements for temporary uses by the State Highway Commission in connection with the establishment and construction of state highways may be acquired or condemned in the same manner as fee simple estates. (b) After a temporary easement has served its intended purpose…

(a) The State Highway Commission is authorized to make payment for any land or other real property acquired under the provisions of this act out of any appropriation made for state highway construction. (b) With respect to the costs of acquiring lands and real property for state …

Actions by the State Highway Commission to condemn a right-of-way shall be brought in the county where the land is situated.

Court proceedings necessary to acquire land, property, or property rights for state highway purposes shall take precedence over all other causes not involving the public interest, to the end that an improved system of state highways is expedited.

(a) The State Highway Commission may exercise its power of eminent domain by filing an appropriate petition in condemnation in the circuit court of the county in which the property sought to be taken is situated, to have the compensation for right-of-way determined, giving the ow…

(a) In any proceeding instituted by and in the name of the State of Arkansas, involving the acquisition of any real property or any interest therein or any easements for public highway purposes, the petitioner may file a declaration of taking at any time before judgment signed by…

(a) In any case in which a declaration of taking has been filed as provided in § 27-67-312, any defendant desiring to raise any question with respect to the validity of the taking shall do so by filing a motion to strike the declaration of taking and dismiss the suit. (b) The mot…

(a) Upon the filing of the declaration of taking and the deposit with the clerk of the circuit court of the estimated compensation, the State of Arkansas shall thereupon have the right of entry and the parties in possession shall be required to surrender possession to the petitio…

Immediately upon the making of the deposit provided for in § 27-67-314, title to the lands in fee simple, or a conditional fee if mineral rights are sought to be preserved to the property owner, or a lesser estate or interest therein as is specified in the declaration, shall vest…

(a) It shall be the duty of the circuit court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation the Arkansas Department of Transportation shall pay. (b) The matter shall proceed and be determined as in other civil cases. (c…

(a) Upon the application of any party in interest and upon due notice to all parties, the court may order that the money deposited in the court, or any part thereof, be paid immediately to the person or persons entitled thereto. (b) If the compensation finally awarded exceeds the…