Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-11-213 Board of directors — Members
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(a) The directors of every railroad corporation shall have the power to make bylaws, and the bylaws shall provide for a board of directors composed of not fewer than three (3) persons. (b) (1) Directors shall be chosen at the stockholders' meeting by ballot and by a majority of t…
Ark. Code Ann. § 23-11-214 Board of directors — Meetings
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(a) Except as may be otherwise provided by law or by the bylaws, a majority of the board shall constitute a quorum for the transaction of business. (b) The board of directors shall hold one (1) regular annual meeting within or without the State of Arkansas on the date fixed by th…
Ark. Code Ann. § 23-11-215 Board of directors — Powers generally
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The management of the affairs of the corporation shall be vested in the board of directors, and, subject only to the limitations provided by law or by its articles, the board shall have full control over the affairs of the corporation and may authorize the exercise of all of its …
Ark. Code Ann. § 23-11-216 Board of directors — Issuance of bonds, certificates of indebtedness — Security
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In addition to the rights and powers conferred on railroad corporations by their charters and the laws of this state, the directors are authorized and empowered, by and with the consent or approval of a majority of the stockholders, to cause to be issued and executed, bonds or ot…
Ark. Code Ann. § 23-11-217 Dividends — Declaration and payment by board of directors
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(a) (1) The board of directors are also empowered to declare and pay dividends to the stockholders.(2) Dividends may be declared and paid by the board of directors, either in cash, in tangible or intangible choses in action or property, or in stock, subject to such restrictions a…
Ark. Code Ann. § 23-11-218 Officers and committees of board of directors
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(a) The board of directors shall select the officers of the corporation. (b) There shall be:(1) A president of the company, who shall be chosen by and from the directors;(2) Such committees of the board of directors vested with such authority and powers as may be fixed by resolut…
Ark. Code Ann. § 23-11-219 Subscription contracts for sale of stock
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Railroad corporations organized under the law of this state are authorized to enter into subscription contracts for the sale of their stock under such terms, conditions, and restrictions and subject to such liabilities relative thereto as are provided by law for such contracts by…
Ark. Code Ann. § 23-11-220 Amendment of articles of incorporation
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(a) Amendments to the articles of incorporation of any railroad corporation incorporated under the law of this state shall be made only by the vote of a majority of the stockholders of the corporation. (b) (1) No amendment shall be voted upon unless and until notice of an intenti…
Ark. Code Ann. § 23-11-221 Dissolution or liquidation of railroad corporation
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(a) Railroad corporations organized under the laws of this state may be dissolved or liquidated, wholly or in part, after approval of the action by the Arkansas Department of Transportation in the manner provided by the law for dissolution or liquidation of business corporations …
Ark. Code Ann. § 23-11-222 Corporations existing prior to June 11, 1959 — Application of subchapter — Extension of existence
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(a) This subchapter shall be applicable to all railroad corporations organized under the laws of this state, provided that each existing railroad corporation may, within two (2) years of June 11, 1959, file with the Arkansas Department of Transportation, the Secretary of State, a…
Ark. Code Ann. § 23-11-223 Corporations existing prior to June 7, 1945 — Extension of charter
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(a) Upon the application of any railroad corporation chartered under the laws of this state prior to June 7, 1945, accompanied by a resolution of the board of directors of the railroad corporation, the Arkansas Department of Transportation is authorized to extend the charter of a…
Ark. Code Ann. § 23-11-301 Authority of railroad to sell or lease road or property
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Every railroad corporation incorporated under the laws of this state whose road is wholly or in part constructed and operating is authorized to sell, lease, or otherwise dispose of the whole, or any part, of its roadways, and rights-of-way, with the franchises thereto belonging, …
Ark. Code Ann. § 23-11-302 Authority to sell or lease road or property to connecting foreign railroad — Authority to acquire other railroads — Ratification
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(a) Subject to the approval thereof by the Arkansas Department of Transportation under such rules for procedure as it may establish and a determination that such action will be in the public interest, any railroad corporation in this state may sell or lease its road, property, an…
Ark. Code Ann. § 23-11-303 Construction, purchase, or lease of railroad in adjoining state authorized
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Any railway company which may have built its road to the boundary line of the state may extend into the adjoining state and for that purpose may build, buy, or lease a railroad in the adjoining state and operate the railroad. The company may own such real estate and other propert…
Ark. Code Ann. § 23-11-304 Formation of connecting lines — Aid to construction of other railroad authorized
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Any railroad company heretofore incorporated or hereafter organized, in pursuance of law, may aid any other company at any time, by means of subscription to the capital stock of the other railroad company, or otherwise, in the construction of its railroad within or without the st…
Ark. Code Ann. § 23-11-305 Consolidation when lines connect at state boundary line
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(a) Any railroad companies organized under the laws of this state whose roads connect at the boundary line of this state are authorized to consolidate and form one (1) company owning and controlling the consolidated line of road, with all the powers, rights, privileges, immunitie…
Ark. Code Ann. § 23-11-306 Consolidation of two or more railroad companies to effect continuous line
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(a) Any two (2) or more railroad companies in this state, existing under either general or special laws, owning railroads which are constructed wholly or in part and which, when completed and connected, will form one (1) continuous line of railroad continuing and running in the s…
Ark. Code Ann. § 23-11-307 Consolidation with foreign corporation
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(a) Any corporation formed under the laws of this state and chartered thereby may consolidate with any corporation of any adjoining state in the manner provided by law. (b) The consolidated corporation shall become, be, and remain a corporation of this state and amenable to its l…
Ark. Code Ann. § 23-11-308 Bonds issued by leasing, purchasing, or consolidating corporation — Security for bonds
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(a) For the purpose of carrying out and executing any or all of the powers granted in §§ 23-11-301, 23-11-303 — 23-11-306, 23-11-309, and 23-11-315, bonds or other evidences of debt may be issued by any leasing, purchasing, or consolidating corporation, not inconsistent with the …
Ark. Code Ann. § 23-11-309 Stockholders' consent required for purchase of stock, lease, or consolidation
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(1) No aid as provided in § 23-11-304 shall be furnished, nor shall any purchase, lease, subletting, consolidation, or arrangements be perfected, until:(1) A meeting of the stockholders of all the companies, parties to the agreement, whereby a railroad in this state may be aided,…
Ark. Code Ann. § 23-11-310 Articles of consolidation or purchase — Amount of capital stock
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(a) Articles of consolidation or purchase shall be signed by a majority of the directors of the respective companies and shall be filed and recorded in the office of the Secretary of State. (b) The articles of consolidation or purchase shall set forth the amount of the capital st…
Ark. Code Ann. § 23-11-311 Control of parallel or competing line prohibited — Contracts, etc., void — Penalties
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(a) (1) No railroad or the lessees, purchasers, or managers of any railroad shall consolidate the stock, property, or franchises of the corporation with, nor lease or purchase the works or franchises of, nor in any way control any other railroad owning or having under its control…
Ark. Code Ann. § 23-11-312 Rights and privileges of consolidated and purchasing companies
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(a) When any two (2) railroad companies shall become consolidated under the laws of this state or when any railroad which has been wholly or partially constructed shall become the lawful purchaser or owner of another line which has not been constructed, the consolidated company, …
Ark. Code Ann. § 23-11-313 Debts of purchased or consolidated companies — Claims
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(a) (1) Whenever any railroad company, corporation, or individual purchases any railroad from any other railroad company, corporation, or individual, the company, corporation, or individual purchasing shall take and hold the railroad subject to all debts, liabilities, and obligat…
Ark. Code Ann. § 23-11-314 Forfeiture of lease — Ouster
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(a) The franchise and all charter rights whatsoever of any railroad company in and to all railroad, roadbed, bridge, depot, or other railroad property, as well as the possession of, and right to operate, which may have been acquired by the railroad under and by virtue of any leas…
Ark. Code Ann. § 23-11-315 Corporations formed to purchase or lease railroads — Stock issued in payment deemed fully paid shares
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(a) Subject to the provisions of Acts 1959, No. 30, corporations may be formed for the purpose of purchasing or leasing the whole or any part of any railroad, and that purpose or object shall be stated in the application and articles of incorporation. (b) All shares of stock issu…
Ark. Code Ann. § 23-11-401 Authority to construct railroads in state
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Any railroad company existing under the laws of any other state or territory may extend and construct its railroad into or through this state.
Ark. Code Ann. § 23-11-402 Purchase or lease of state roads — Exception
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Subject to approval thereof by the Arkansas Department of Transportation under such rules for procedure as it may establish and a determination that action will be in the public interest, any railroad corporation existing under the laws of any other state or territory may buy, le…
Ark. Code Ann. § 23-11-403 Lessor and lessee of railroad subject to laws
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A corporation in this state leasing its road to a corporation of another state shall remain liable as if it operated the road itself, and a corporation of another state, being the lessee of a railroad in this state, shall likewise be held liable for the violation of any of the la…
Ark. Code Ann. § 23-11-404 Right to tax uncurtailed
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Nothing in §§ 23-11-302, 23-11-401, and 23-11-402 shall be held or construed as curtailing the right of state or counties through which a consolidated, leased, or purchased road may be located to levy and collect taxes upon the road and the rolling stock thereof, pro rata, in con…
Ark. Code Ann. § 23-11-501 Grants for purpose of aiding in construction of railroads
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(a) Any person or corporation, public or private, who may wish to donate, grant, or devise any lands or other property for the purpose of aiding in the construction, building, or running of any railroad within this state, under the provisions of this act, may, by deed or otherwis…
Ark. Code Ann. § 23-11-502 Lands forfeited upon failure to apply for and accept conveyance
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Any railroad company which becomes entitled to a conveyance of any lands from the state shall apply therefor and accept a conveyance from the state within six (6) months after completion of the act by which it became entitled to the conveyance. Any company which fails to do so wi…
Ark. Code Ann. § 23-11-503 Forfeited lands revert to state
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All lands forfeited under the provisions of this section and §§ 23-11-502 and 23-11-505 shall revert to and belong to the State of Arkansas and shall be sold as other lands.
Ark. Code Ann. § 23-11-504 Report of failure to accept or forfeiture of lands — Lands proclaimed subject to sale
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(a) The Commissioner of State Lands is charged with the duty of making inquiry and of reporting to the Governor all failures of any railroad company to make application and accept conveyance within the time specified in § 23-11-502. He or she shall report all failures with a list…
Ark. Code Ann. § 23-11-505 List of lands conveyed — Assessment
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(a) It shall be the duty of the Commissioner of State Lands, immediately upon the execution of any conveyance conveying lands to any railroad company, to make a list of the lands conveyed and send the list of the lands conveyed to the assessor of the county in which the lands are…
Ark. Code Ann. § 23-12-1001 Title
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This subchapter may be referred to as the “Railroad Safety and Regulatory Act of 1993”.
Ark. Code Ann. § 23-12-1002 Jurisdiction
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The State Highway Commission administers the railroad crossing safety program in Arkansas and has heretofore been designated by the General Assembly as the sole public body to deal with and has been given exclusive jurisdiction concerning the location, construction, improvement, …
Ark. Code Ann. § 23-12-1003 Maintenance of crossings of public roads and railroads — Failure to comply — Penalties
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The State Highway Commission is hereby designated as the sole public body to deal with and is hereby given exclusive jurisdiction over all matters pertaining to the maintenance of any location where any railroad crosses any public road, highway, or street in this state or where a…
Ark. Code Ann. § 23-12-1004 Powers and duties
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(a) The State Highway Commission shall make such investigation and studies as it deems necessary to properly exercise the jurisdiction hereby conferred and shall involve Arkansas counties, municipalities, and railroads operating within this state and unions representing railroad …
Ark. Code Ann. § 23-12-1005 Inadequate action or unreasonable refusal — Action on complaint
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(a) (1) (A) Prior to any request by a state, municipal, or county official for sanctions against any railroad company for violation of any rule promulgated pursuant to this subchapter, the state, municipal, or county official shall state the claim or complaint in writing by certi…
Ark. Code Ann. § 23-12-1006 Operation and movement of trains — Regulations, penalties, and enforcement
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The State Highway Commission is hereby designated as the sole public body to deal with, and is hereby given exclusive jurisdiction over, all matters pertaining to the operation and movement of trains within this state including, but not limited to, the obstruction of any public h…
Ark. Code Ann. § 23-12-1007 Investigations — Rules
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(a) (1) The State Highway Commission shall make such investigations as it deems necessary, or as requested by state, municipal, or county officials, to properly exercise the exclusive jurisdiction hereby conferred and pursuant to required notice and hearing shall promulgate all n…
Ark. Code Ann. § 23-12-1008 Unlawful delay — Action on complaint
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(a) (1) (A) Prior to any request by a state, municipal, or county official for sanctions against a railroad company for violation of this section and §§ 23-12-1006 and 23-12-1007, the state, municipal, or county official shall state the claim or complaint in writing, by certified…
Ark. Code Ann. § 23-12-101 Sections 23-12-101 — 23-12-103 cumulative
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The provisions of this section and §§ 23-12-102 and 23-12-103 shall be regarded as cumulative, and nothing therein shall be so construed as to repeal any other act now in force, nor to in any way curtail or limit the powers and duties of the Arkansas Department of Transportation.
Ark. Code Ann. § 23-12-102 Inspection of railroads by department
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The Arkansas Department of Transportation shall carefully examine the condition of the railroads of this state as often as the department considers necessary.
Ark. Code Ann. § 23-12-103 Unsafe tracks, bridges, etc. — Inspection — Notice to railroad of necessary repairs, etc. — Failure to repair or to stop traffic — Liability for injuries — Penalties
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(a) (1) It shall be the duty of the Arkansas Department of Transportation to inspect and examine the tracks, bridges, or other structures whenever it has reasonable grounds, either upon complaint or otherwise, to believe that any of the tracks, bridges, or other structures of any…
Ark. Code Ann. § 23-12-104 Number and frequency of trains and streetcars
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(a) If in the judgment of the Arkansas Department of Transportation any railroad corporation or street railroad corporation does not run trains enough or cars enough or possess or operate motive power enough reasonably to accommodate the passenger and freight traffic transported …
Ark. Code Ann. § 23-12-105 Attorney's fee taxed in suits for transportation violations
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In all actions at law or suits in equity against any railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state, or partly therein, for the violation of any law regulating the transportation of freight or passengers by any such railr…
Ark. Code Ann. § 23-12-201 Maintenance of right-of-way free from obstructions — Penalty
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(a) (1) All railroad corporations operating in this state shall maintain their right-of-way at or around any railroad crossing of a public road or highway free from grass, trees, bushes, shrubs, or other growing vegetation which may obstruct the view of pedestrians and vehicle op…
Ark. Code Ann. § 23-12-202 Permitting certain weeds to seed on right-of-way unlawful — Recovery of damages
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(a) It shall be unlawful for any railroad or railway company or corporation doing business in this state to permit any Johnson grass or Russian thistle to mature or go to seed upon any right-of-way owned, leased, or controlled by the railroad or railway company or corporation in …