Title 27 — Transportation

(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.

(a) (1) The regional mobility authority or its designee may attempt to collect an unpaid toll under § 27-76-708 and an administrative fee to recover the cost of collecting the unpaid toll.(2) The administrative fee shall not exceed one hundred dollars ($100).(3) The registered ow…

(a) If the registered owner of the motor vehicle is the lessor of a vehicle and the lessor claims it is not liable for an unpaid toll under § 27-76-708 because the vehicle was under a rental contract on the date the offense of nonpayment occurred, then the procedures of this sect…

(a) If the registered owner of a motor vehicle that was mailed notice of nonpayment of a toll under this section transferred ownership of the vehicle to another person before the offense of an unpaid toll under § 27-76-708 occurred, then the procedures of this section apply. (b) …

(a) In the prosecution of a violation of § 27-76-708, the prosecuting attorney shall establish that:(1) The vehicle passed through a toll collection facility without payment of the proper toll; and(2) The defendant was either of the following when the failure to pay the toll occu…

It is directed that the administrators of the various public highway, road, and street systems shall make every effort to conserve the safe function of the bridges under their jurisdiction pursuant to the findings and recommendations of the bridge safety inspections by the bridge…

The State Highway Commission is authorized to maintain, in whole or in part, highway toll bridges across rivers or waters bordering the State of Arkansas as a part of the state highway system.

All carriers of the United States mails over a designated route shall, if the route crosses a state-owned toll bridge, be exempt and relieved from the payment of toll for the privilege of using and crossing the bridge. This exemption shall apply only while the operator is engaged…

(a) Provisions are made for the regulation of the number of lights or bulbs and the monthly and annual expenditures for electric lights on all toll bridges in the State of Arkansas. (b) (1) No toll bridge in the State of Arkansas shall have more than four (4) electric lights or b…

(a) The several county courts through whose counties run any watercourse, lake, bay, or swamp which may be too burdensome to bridge and keep in repair by the inhabitants thereof are fully empowered to grant privileges to persons to build toll bridges over or turnpikes or causeway…

(a) The county court shall have a general superintending control of bridges, turnpikes, and causeways mentioned in this subchapter and the rates or tolls to be charged. (b) The county court shall compel the bridges, turnpikes, and causeways to be kept in good repair at all times.…

(a) Upon application being made to the county court for the granting of a franchise or privilege as herein provided, the applicant shall give notice by publication in some newspaper in the county or counties where the toll bridge, turnpike, or causeway is situated, having a bona …

Any interested party or any citizen of the county or counties to be affected may appeal from any order of the county court or courts provided for herein at any time within thirty (30) days from the rendition of the judgment and not thereafter; in the event of an appeal, the case …

(a) After conferring the privileges of this subchapter upon any person, no county court shall again have power to confer the same or like privileges upon any other person to the injury of him or her upon whom the privileges were first conferred. (b) However, privileges or franchi…

(a) The State Highway Commission, with the approval of the Governor and Attorney General of the state, is vested with authority to sue in the name of the state for the condemnation of any bridge, turnpike, or causeway which in their judgment should be acquired by the state. (b) C…

(a) In the event condemnation proceedings are instituted as herein provided by any county, counties, or the state, for the condemnation of property and franchise or privilege, the future value of any privilege or franchise or any prospective profits shall not be considered as an …

(a) Where the watercourse is on the boundary line between counties, the county courts of the counties may act jointly in granting the privileges and exercising the powers conferred by this subchapter. (b) Publication of notice shall be made in each county. (c) The circuit court f…

No franchise shall be granted to any person, firm, or corporation to operate a toll bridge on any road in the state highway system.

(a) The State Highway Commission is authorized and empowered to purchase any or all of the privately owned toll bridges in the State of Arkansas at prices to be fixed by the commission in accordance with rules to be promulgated by the commission. (b) Where it is not possible to p…

(a) The State Highway Commission is empowered to fix and enforce the schedule or rate of tolls to be collected on any privately owned toll bridge located on any road embraced in the state highway system. (b) In fixing schedules or rates, regard shall be had to the interests of th…

(a) It shall be the duty of every person, firm, or corporation owning or operating any toll bridge within or partially within the State of Arkansas to make, maintain, and preserve a record of every bale of cotton or part of a bale of cotton, whether seed cotton or lint cotton, wh…