Title 27 — Transportation

This chapter is known and may be cited as the “Regional Mobility Authority Act”.

(1) The General Assembly finds that:(1) Many transportation projects cannot be completed because the transportation construction and maintenance needs of the State of Arkansas far exceed the budget for highway construction and maintenance;(2) Counties and municipalities have limi…

(1) As used in this chapter:(1) (A) “Bond” means a revenue bond or note issued under this chapter by a regional mobility authority created under this chapter.(B) “Bond” includes any other financial obligation of a regional mobility authority authorized by this chapter, the laws o…

(a) A regional mobility authority is exempt from ad valorem property taxation of or assessments on each of the following:(1) A transportation system;(2) A transportation project; and(3) Property the regional mobility authority acquires or uses under this chapter for a transportat…

(a) Except as provided under subsection (b) of this section, a regional mobility authority is exempt from the payment or assessment of any of the following fees levied by a governmental entity, a property owner's association, or a homeowner's association:(1) Development fees;(2) …

(a) The powers and duties of a regional mobility authority conferred by this chapter are public and governmental functions exercised for a public purpose and for matters of public necessity. (b) The exercise of the powers and the performance of the duties by a regional mobility a…

Any design or proposal for a road or highway improvement must be approved by the governmental entity that owns the roadway prior to the commencement of the development of the transportation project.

(a) A single county may create a regional mobility authority by adoption of an ordinance. (b) A combination of contiguous counties may create a regional mobility authority by each county:(1) Adopting an ordinance that provides for the county's participation in the regional mobili…

(1) The purposes of a regional mobility authority created under this chapter are to:(1) Plan, construct, operate, or fund transportation projects of the regional mobility authority; or(2) Plan, construct, operate, or fund improvements to a transportation system of the regional mo…

(a) To become a member of a regional mobility authority, a governing body of a municipality or county within the jurisdictional boundaries of the regional mobility authority shall:(1) Provide by ordinance for the participation of the municipality or county in the regional mobilit…

(1) Upon creation of a regional mobility authority:(1) The regional mobility authority and its members shall:(A) Constitute a public corporation; and(B) Have perpetual succession; and(2) The regional mobility authority and its members may:(A) Contract and be contracted with;(B) S…

A regional mobility authority created under this chapter shall be operated and controlled by a board of directors.

(a) A board of directors shall manage and control each regional mobility authority created under this chapter, including the following:(1) Property;(2) Operations;(3) Business; and(4) Affairs. (1) Property; (2) Operations; (3) Business; and (4) Affairs. (b) The board of directors…

(a) Unless the structure of the board of directors is otherwise specified in the agreement establishing the regional mobility authority, the board of directors of a regional mobility authority shall consist of no fewer than five (5) directors as provided under this section. (b) (…

(a) A director who is a public official may serve on the board of directors during his or her term of office as the county judge or mayor of a member of a regional mobility authority. (b) A director who is the designated representative of the mayor or county judge of a member of …

(1) The board of directors of a regional mobility authority created under this chapter may:(1) Make and adopt all necessary bylaws for its organization and operation;(2) Elect officers and employ personnel necessary for its operation;(3) Build, operate, maintain, expand, fund, or…

(a) Notwithstanding any other provision of law, a regional mobility authority shall not sell a toll facility project to a private entity or enter into a lease for a toll facility or concession agreement related to a toll facility. (b) Notwithstanding any other provision of law, a…

(a) A regional mobility authority created under this chapter may enter into agreements or contracts with a governmental entity or a private entity. (b) The types of agreements or contracts that a regional mobility authority may enter into under this chapter include without limita…

(a) A regional mobility authority may construct a grade separation at an intersection of a transportation project with a railroad or highway and change the line of the railroad or grade of a highway to accommodate the design of the grade separation as provided under this section.…

(a) A regional mobility authority may pay the expenses of studying the cost and feasibility and any other expenses relating to the preparation and issuance of bonds for a proposed transportation project by:(1) Using legally available revenue derived from an existing transportatio…

(a) The following are allowable reimbursable expenses for studying the cost and feasibility of a transportation project as provided under this section:(1) The preparation and issuance of bonds for the acquisition or construction of a proposed transportation project by a regional …

(a) If two (2) or more regional mobility authorities determine that the traffic needs within the boundaries of each regional mobility authority could be most efficiently and economically met by jointly operating two (2) or more transportation projects in the separate regional mob…

(a) A regional mobility authority may sell, lease, or convey any of its transportation projects or transportation systems to one (1) or more governmental entities, or a governmental entity may convey a transportation project or a transportation system to a regional mobility autho…

(a) (1) A regional mobility authority may enter into an agreement with a governmental entity.(2) For purposes of this section, a governmental entity may include:(A) The United States Government;(B) A state of the United States;(C) Another governmental entity;(D) A political subdi…

(a) (1) A regional mobility authority may develop plans for transportation projects.(2) The plans shall be consistent with state implementation plans, statewide transportation improvement programs if federal aid funds are involved, statewide long-range transportation plans, city …

A regional mobility authority may acquire any property necessary to carry out the public purposes of this chapter by exercising the power of eminent domain.

(a) A regional mobility authority, its agents, or its employees may with the consent of the owner enter upon real property to:(1) Make surveys;(2) Perform examinations;(3) Take photographs;(4) Perform tests or samplings; or(5) Engage in other activities for the purpose of apprais…

(a) A regional mobility authority 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. (b) The petit…

(a) When the immediate possession of lands and property is sought to be obtained, the regional mobility authority may file a declaration of taking with a court of competent jurisdiction at any time before judgment or together with the petition in condemnation. (b) The petitioner …

(a) The circuit court shall impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation that the regional mobility authority shall pay for the real property, the interest in the real property, or the easement which the regional mobility…

(a) A regional mobility authority may be financed or supported by receiving the following:(1) If requested and adopted, revenue from the levy by a member county of a sales tax under § 26-74-201 et seq., § 26-74-301 et seq., and § 26-74-401 et seq. for the benefit of the regional …

(a) If a regional mobility authority created under this chapter owns or operates or proposes to own or operate a transportation system and desires to construct improvements, betterments, and extensions thereto, the regional mobility authority may issue revenue bonds pursuant to a…

Bonds issued under this chapter and income from the bonds, including any profit made on the sale or transfer of the bonds, are exempt from taxation in this state.

(a) Bonds issued in accordance with this chapter shall be authorized by resolution of the board of directors of the regional mobility authority. (b) The bonds may be issued as registered bonds and may be exchangeable for bonds of another denomination or in another form. (c) As de…

(a) The bonds may be sold in the manner, either at public or private sale, and upon the terms that the board of directors of the regional mobility authority determines to be reasonable and expedient for effectuating the purposes of the regional mobility authority. (b) The bonds m…

(a) The proceeds of each bond issue shall be disbursed in the manner and under any restrictions as provided in the bond resolution. (b) (1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of:(A) Making betterments, improvements, and extensions…

(a) Bonds issued under this chapter shall be payable from revenues derived from the regional mobility authority's transportation system and any other unrestricted funds of the regional mobility authority. (b) The bonds shall not in any event constitute an indebtedness of nor pled…

(a) The payment of the principal of bonds issued under this chapter and the interest thereon may be secured by a lien on and security interest in the regional mobility authority's surface transportation system or any specified portion of the regional mobility authority's surface …

(a) (1) Bonds may be issued for the purpose of refunding any obligations issued under this chapter or otherwise.(2) The refunding bonds may be combined with bonds issued under the provisions of § 27-70-314 [repealed] into a single issue. (1) Bonds may be issued for the purpose of…

(a) Before issuing definitive bonds, a regional mobility authority may issue interim bonds with or without coupons exchangeable for definitive bonds. (b) The interim bonds may be authorized and issued in accordance with this chapter without regard to a requirement, restriction, o…

(a) A regional mobility authority may maintain a revolving fund to be held in trust by a banking institution chosen by the regional mobility authority separate from any other funds and administered by the regional mobility authority's board of directors. (b) A regional mobility a…

(a) A regional mobility authority shall set tolls, fees, fares, or other charges at rates or amounts so that the aggregate of tolls, fees, fares, or other charges from the transportation project, together with other revenue of the project:(1) Provides toll facility project revenu…

(a) A regional mobility authority may adopt a resolution that designates a toll road, a toll facility project, or a portion of a transportation project as a controlled-access toll road. (b) A regional mobility authority may adopt a resolution to:(1) Prohibit the use of or access …

The approval of the voters within the boundaries of the regional mobility authority is required to authorize the development of a toll facility, the initial toll rate, and the maximum amount of bonded indebtedness pledged thereto subject to the provisions of § 27-76-701(d).

(a) (1) Except as provided under subdivision (a)(3) of this section, a regional mobility authority that has issued revenue bonds for a toll facility project or a transportation project and that is financed with dedicated revenue derived from tolls, fees, fares, or other funds sha…

(a) Each year, a regional mobility authority shall determine whether it has surplus revenue from tolls, fees, or fares collected from the operation of its transportation projects. (b) If a regional mobility authority determines that it has surplus revenue, then it may either:(1) …

(a) (1) A regional mobility authority and the Arkansas Department of Transportation and the State Highway Commission may agree to allow the department to contribute to the payment of costs of any of the following in regards to a toll road:(A) A financial study;(B) An engineering …

A regional mobility authority may promulgate rules regarding the use and return of transponders.

(a) (1) Except as provided under subdivisions (a)(2) and (3) of this section, the operator of a vehicle that is driven or towed through a toll collection facility of a toll road owned by a regional mobility authority shall pay the proper toll.(2) An authorized emergency vehicle i…

Except as provided under §§ 27-76-711 and 27-76-712, there is a rebuttable presumption that the registered owner of the motor vehicle was the operator of the motor vehicle when the offense occurred.