Title 27 — Transportation

It is expressly declared that this subchapter shall apply to all toll bridges owned or operated by the State of Arkansas or any of its agencies.

Any person transporting cotton across a toll bridge as specified in this subchapter who shall willfully and knowingly fail or refuse to furnish the information set forth in § 27-86-301 to the owner or operator of the toll bridge or who shall willfully and knowingly furnish false …

(a) Any owner or operator of any toll bridge, except the State of Arkansas, shall be punished as set forth in subsection (b) of this section if he or she shall knowingly and willfully:(1) Fail or refuse to procure the data set forth in § 27-86-301;(2) Fail or refuse to keep and m…

The State Highway Commission or other agency of the state having charge of the operation of any state-owned toll bridge may be compelled to carry out the provisions of this subchapter as to any state-owned toll bridge by mandamus proceedings filed by any citizen of the state in t…

It shall be unlawful for the owner or operator of a toll bridge to make any charge against the person so transporting cotton by reason of the provisions of this subchapter.

(1) As used in this chapter, unless the context otherwise requires:(1) “Navigable streams” includes all lakes within this state that have been meandered in making the public surveys of the United States lands and retained as public property by the United States; and(2) “Public fe…

(a) Any person detained at any public ferry by reason of the ferrykeeper not having sufficient boats or other proper craft and hands to work it, or by neglecting his or her duty in any way, may make application to a justice of the peace in the township where the ferry is located …

(a) Where a public road crosses any private stream which has not been meandered as a navigable stream, the bed of which may belong to any individual, if in the opinion of the county court, the public convenience will be promoted thereby, the court may make an order upon its recor…

(a) Every person owning the land fronting on any public navigable stream shall be entitled to the privilege of keeping a public ferry over or across the navigable stream if that person:(1) Owns the land on both sides or banks; or(2) Shall have possession of both sides or banks by…

The county court shall not permit any ferry to be established within one (1) mile above or below any ferry previously established, except at or near cities and towns where the public convenience may require it and satisfactory proof of the need shall be first adduced.

(a) In all cases hereafter existing in which a privately owned ferry serving traffic upon any state highway is discontinued, leaving no means of crossing available to the public, the State Highway Commission is authorized to establish and maintain ferry service at that point. (b)…

(a) It shall be unlawful for any ferry boat to transport cotton or cottonseed from the shores of the State of Arkansas on the Mississippi River across the river into another state unless the owner or operator of the ferry boat shall keep a record of the vehicle used in the transp…

If any person shall keep any ferry over any navigable stream, for which he or she shall charge any person any money or any other valuable thing, without complying with the provisions of this chapter in relation to obtaining license, he or she shall forfeit and pay to every other …

(a) No person shall keep any ferry over or across any public navigable stream or lake so as to charge any compensation for crossing the stream or lake without first procuring a license from the county court of the county in which the ferry is situated. (b) Any person wishing to e…

If any navigable stream or lake shall form a portion of the boundary of any county, so that one bank is in one county and the other is in a different county at the place where it is proposed to erect a ferry, a license shall be had from the county court for the ferry on the count…

(a) Any person wishing to put into operation any public ferry when the county court is not in session may do so by putting up an advertisement at the ferry, stating that he or she intends to apply at the next county court for a license for the ferry, and he or she may charge and …

(a) Before any ferry shall be established, the court shall determine what tax shall be paid by the applicant for the privilege of the ferry, which shall not be less than one dollar ($1.00) nor more than one hundred dollars ($100). (b) It shall be the duty of the county courts to …

It shall be the duty of the clerk of the county court, immediately after the assessment of any tax for ferry privileges by the court, to issue a license for the ferrykeeper to whom the privileges were granted and to deliver it to the sheriff and charge him or her with the amount …

(a) It shall be the duty of the sheriff to present the licenses named in § 27-87-206 to the proper ferryman within twenty (20) days after they are issued. (b) If the amount is not paid, the sheriff shall retain the license. (c) Twenty (20) days thereafter, if the amount is still …

The sheriff shall settle for the amount collected by him or her for ferry tax in the manner and at the time that he or she is required to settle for other revenue of the county.

When a navigable stream makes a part of the boundary line of this state, if any tax or charge shall be assessed or collected by any adjoining state for the privilege of a ferry landing on the shore or bank of another state from this state, then the same tax or duty shall be asses…

The county court shall have authority and is required to compel all persons who are authorized to keep a public ferry to give bond and good security in such sum as the court may deem sufficient to the judge of the county court and his or her successors in office. This bond shall …

If any persons sustaining damage by reason of a ferrykeeper not having complied with the conditions of bond, the persons sustaining the damage may bring suit against the ferrykeeper on the bond in the name of the judge of the county court and recover for such nonperformance of th…

In all cases of recoveries against ferrykeepers for violations of this chapter, if after judgment execution shall be returned that there are no goods and chattels of the ferrykeeper whereupon to levy and make the money demanded in the execution, the justice shall issue a scire fa…

(a) The toll of ferries that are established shall at all times be subject to regulation by the county court in which the ferry may be kept. (b) Every keeper of a ferry shall keep constantly posted in some conspicuous place at the ferry the rates of toll allowed to be charged. If…

(a) The court shall state on its record the rates of toll or ferriage which may be demanded for ferrying passengers, vehicles, beasts, and other property usually transported by ferries. (b) The clerk shall make out a copy of ferriage rates under his or her official signature and …

(a) All ferries operating in competition with state-owned toll bridges shall be subject to regulation as to ferry rates by the State Highway Commission and the rates to be charged shall be the same as the traffic rates prevailing upon the state-owned toll bridge with which the fe…

This chapter shall be liberally construed to effectuate the purposes thereof.

(1) As used in this chapter, unless the context otherwise requires:(1) “Commission” means the State Highway Commission of the State of Arkansas;(2) “Construction” and “constructing” when said with reference to ferries include the terms “purchase” and “purchasing”, respectively;(3…

(a) This chapter shall be deemed, without reference to any other statute, full authority for:(1) The construction or reconstruction of any bridge or ferry;(2) The acquisition, construction, and reconstruction of approaches thereto;(3) The operation and maintenance thereof; and(4)…

(a) Whenever the State Highway Commission shall determine on the basis of a traffic and engineering survey that the public convenience and necessity require the construction or reconstruction of a bridge or the construction of a ferry to facilitate interstate or intrastate traffi…

(a) The bonds shall be in such form and denomination, have such dates and maturities not exceeding forty (40) years from their date, bear interest payable at such times and rates, be payable at such places within or without the state, and contain such provisions as to registratio…

All bonds issued under the provisions of this chapter, maturing on and after ten (10) years from their date, in the discretion of the State Highway Commission, may contain a provision authorizing their redemption before maturity at the option of the commission in a manner as it m…

The State Highway Commission is authorized to adopt and use a seal in the execution and issuance of bonds authorized under the provisions of this chapter.

(a) The State Highway Commission is authorized to sell all the bonds of each issue issuable under this chapter at one (1) time, or it may from time to time sell installments of the bonds of each issue in principal amounts to be determined by the commission. The bonds of each issu…

This chapter shall not create any right of any character, and no right of any character shall arise under or pursuant to it unless and until the bonds authorized by this chapter have been issued and actually sold by the State Highway Commission.

The State Highway Commission is further authorized to invest portions of the proceeds from the sale of such bonds as in its judgment may not be required for immediate use in direct general obligations of the United States or of the State of Arkansas.

Temporary notes or bonds conforming to this chapter, exchangeable for definitive bonds, may be issued in the discretion of the State Highway Commission.

All bonds and notes issued under the provisions of this chapter shall be, and shall have, all the qualities and incidents of negotiable instruments under the negotiable instruments law of this state.

The bonds issued under this chapter shall be exempt from the state income taxes.

(1) At or before the issuance of any bonds, the State Highway Commission shall:(1) By resolution provide for a sinking fund for the payment of the principal of the bonds and the interest thereon and for the payment of the charges of banks or trust companies for making payment of …

(a) All revenues of the bridge or ferry not required under the provisions of this chapter to be paid into the sinking fund provided in the resolution authorizing the issuance of bonds shall be paid into an operation and maintenance fund and be used by the State Highway Commission…

(a) The State Highway Commission is authorized, and it shall be its duty, by resolution to establish, maintain, and collect just and equitable tolls, rates, fees, and other charges for the use of and the services rendered by the bridge or ferry. (b) The commission may change and …

(a) Bonds issued under the provisions of this chapter shall be payable solely from the revenues derived from the bridge or ferry. These bonds shall not in any event constitute an indebtedness of the State of Arkansas within the meaning of the constitutional provisions or limitati…

(a) The State Highway Commission may provide in its resolution authorizing the issuance of the bonds or in the trust indenture executed in connection therewith that additional bonds may thereafter be authorized and issued, at one (1) time or from time to time, when necessary for …

For the purpose of carrying into effect the objects and purposes of this chapter, the State Highway Commission shall have full power and authority to negotiate and enter into contracts with the United States and any of its agencies and with the state highway commission or other c…

All interstate bridges constructed or reconstructed under the terms of this chapter and all tolls, rents, fees, and other charges established for services rendered by the bridge or ferry shall be subject and conform to the terms and provisions of the act of the United States Cong…

For the purpose of acquiring any land, rights, easements, franchises, or other real or personal property deemed to be necessary or convenient for the construction and reconstruction of any bridge or ferry, or for the acquisition of the approaches thereto, the State Highway Commis…

(a) The Governor, by and with the advice and consent of the Senate, shall appoint three (3) commissioners to enter into a compact on behalf of the State of Arkansas with the State of Mississippi. (b) Any two (2) of the commissioners so appointed, together with the Attorney Genera…

COMPACT BETWEEN ARKANSAS AND MISSISSIPPI CREATING AN ARKANSAS-MISSISSIPPI BRIDGE COMMISSION COMPACT BETWEEN ARKANSAS AND MISSISSIPPI CREATING AN ARKANSAS-MISSISSIPPI BRIDGE COMMISSION ARTICLE I There is created an Arkansas-Mississippi Bridge Commission (hereinafter referred to as…