Title 27, Transportation

(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…

(a) If, after due notice, any party in interest should feel aggrieved at the amount of the estimated compensation as deposited by the Arkansas Department of Transportation into the registry of the circuit court, the party shall be entitled to a hearing, at which time evidence may…

(a) No appeal in any cause under this subchapter, nor any bond or undertaking given therein, shall operate to prevent or delay the vesting of title to real property or any interest therein or any easement in the State of Arkansas. (b) The State of Arkansas shall not be divested o…

(a) If the State Highway Commission petitions any county court asking for a right-of-way for any state highway and the county court fails to grant the petition and issue a court order procuring the right-of-way within sixty (60) days after the petition is presented, then the comm…

(a) The State Highway Commission is empowered and authorized to:(1) Sell and convey any surplus land or real estate or any personal property or effects procured by or coming to the commission to which the commission or any member or officer therein holds title, or to which title …

(a) The State Highway Commission is authorized to sell in the manner provided by § 27-67-321 real or personal property, or an interest in real or personal property, which has been declared by State Highway Commission resolution to be surplus and for sale. (b) (1) (A) The owner fr…

(a) As used in this section:(1) “Highway construction contract” means a contract for the construction, restoration, reconstruction, renovation, or repair of a road, highway, bridge, overpass, interchange, right-of-way, or turnpike that is part of the state highway system;(2) “Pro…

(a) As used in this section and § 27-67-326:(1) “Extraordinary event” means:(A) An event beyond the reasonable control of a utility; or(B) A change of plans that causes a delay in the work of a utility required under a relocation agreement;(2) (A) “Municipal utility system” means…

(a) (1) Utility accommodation rules adopted by the State Highway Commission concerning relocation under § 27-67-325 shall include without limitation the relocation coordination process between the Arkansas Department of Transportation and a utility.(2) Rules concerning the reloca…

The General Assembly finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety and for the promotion of the general welfare.

As used in this chapter, “controlled-access facility” means a highway or street especially designed for through traffic over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a controlled right of easement of access, light…

(a) It is unlawful for any person:(1) To drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on controlled-access facilities;(2) To make a left turn or a semicircular or U-turn except through an opening provided for that …

(1) Acting alone or in cooperation with each other or with any federal, state, or local agency or any other state having authority to participate in the construction and maintenance of highways, the highway authorities of the state, counties, cities, towns, and villages are autho…

(a) The highway authorities of the state, counties, cities, towns, and villages are authorized to so design any controlled-access facility and to so regulate, restrict, or prohibit access as to best serve the traffic for which such facility is intended. (b) In this connection, hi…

(a) The highway authorities of the state, counties, cities, towns, or villages may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing street or highway as included within a controlled-access facility. (b)…

The highway authorities of the state, counties, cities, villages, and towns may regulate, restrict, or prohibit the use of controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with § 27-68-102.

(a) The highway authorities of the state, counties, cities, towns, or villages may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view, and light. The property and property rights may be …

The highway authorities of the state, cities, counties, towns, or villages are authorized to enter into agreements with each other or with the United States Government respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of con…

(a) In connection with the development of any controlled-access facility, the state, county, city, town, or village highway authorities are authorized to plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or to designat…

No automotive service station or other commercial establishment for serving motor vehicle users shall be constructed or located within the right-of-way of or on publicly owned or publicly leased land acquired or used for or in connection with a controlled-access highway facility.

(1) As used in this chapter:(1) “Parkway” means and includes parkway areas of varying widths principally through rural areas with sightly, landscape, scenic, safety, and wayside development grants and easements, with minimum frontage and private access rights, featuring a parkway…

(a) The Arkansas Department of Transportation is designated, authorized, and directed as the state agency of this state to acquire by gift, purchase, or condemnation as a public highway and convey to the United States all parkway lands and easements as and when required by survey…

State agencies owning or controlling various state-owned areas or state-owned easements or interest therein of state agencies are authorized to cooperate in the conveyance of the lands, easements, or interest to and in favor of the United States for this national parkway.

(1) The Arkansas Department of Transportation or other departments of the state are authorized to:(1) Acquire and convey to the United States parkway areas in accordance with the provisions of this subchapter;(2) Allocate necessary funds when appropriations are available therefor…

(a) Directly or indirectly from or through its political subdivisions, this state shall acquire and convey to the United States the necessary areas in fee simple, together with landscape, sightly, safety, or scenic easements, and rights-of-way for connections to the approaches of…

(a) An average right-of-way of not less than one hundred (100) acres per mile in fee simple, plus scenic, landscape, sightly, or safety easement control up to a total average of fifty (50) acres per mile, shall be provided for the gross length of the parkway in this state for par…

(a) When the construction of sections of the parkway road parallel to existing highways will result in unnecessary expense and the United States Secretary of the Interior may, in his or her discretion, use existing or projected sections of streets or highways, bridges, parks, or …

Alternate routes through or around urban areas, along scenic country, or connecting historic sites may be provided or required for acceptance by the United States Secretary of the Interior for parkway purposes.