reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 11 - ESTABLISHMENT AND ORGANIZATION OF RAILROADS (§§ 23-11-101 — 23-11-505) › Subchapter 3 - SALE, LEASE, OR CONSOLIDATION (§§ 23-11-301 — 23-11-315) › Section 23-11-314 - Forfeiture of lease - Ouster

(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 lease, shall be forfeited and the railroad company ousted of its right thereunder to operate, possess, or control the railroad, if:
(1)
The lease has not been made in conformity with the statute governing the making of such leases; or
(2)
The lessee fails to maintain the property in good repair so as to afford safe and reasonably prompt facilities of travel to the public or fails to furnish reasonable shipping accommodations for freight to its patrons.
(b)
This section may be enforced at the instance of the state by its Attorney General, by information in the nature of quo warranto or other proper suit in any court having jurisdiction.
(c)
Whenever any railroad company, by the judgment of any court rendered in any suit instituted by the state, shall be ousted of the possession of or right to operate any railroad, bridge, depot, or other property leased to the company by any other railroad company, then the lessor shall immediately succeed to all the rights in and to the leased property had and enjoyed by it at the time of the execution of the lease, if the lessor has been in no way responsible for the acts upon which the judgment was based except in the making of the lease.
Acts 1901, No. 203, §§ 1-3, p. 368; C. & M. Dig., §§ 8550-8552; Pope's Dig., § 11126-11128; A.S.A. 1947, §§ 73-433 -- 73-435.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 11 - ESTABLISHMENT AND ORGANIZATION OF RAILROADS (§§ 23-11-101 — 23-11-505) › Subchapter 3 - SALE, LEASE, OR CONSOLIDATION (§§ 23-11-301 — 23-11-315) › Section 23-11-315 - Corporations formed to purchase or lease railroads - Stock issued in payment deemed fully paid shares

(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 issued in payment of the purchase shall be deemed to be fully paid shares.
Acts 1881, No. 43, § 3, p. 79; C. & M. Dig., §§ 8527, 8528; Pope's Dig., §§ 11103, 11104; Acts 1959, No. 30, § 19; A.S.A. 1947, § 73-402.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 11 - ESTABLISHMENT AND ORGANIZATION OF RAILROADS (§§ 23-11-101 — 23-11-505) › Subchapter 4 - FOREIGN RAILROADS (§§ 23-11-401 — 23-11-404) › Section 23-11-401 - Authority to construct railroads in state

Any railroad company existing under the laws of any other state or territory may extend and construct its railroad into or through this state.
Acts 1889, No. 34, § 2, p. 43; C. & M. Dig., § 8473; Pope's Dig., § 11047; A.S.A. 1947, § 73-421.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 11 - ESTABLISHMENT AND ORGANIZATION OF RAILROADS (§§ 23-11-101 — 23-11-505) › Subchapter 4 - FOREIGN RAILROADS (§§ 23-11-401 — 23-11-404) › Section 23-11-402 - Purchase or lease of state roads - Exception

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, lease, or otherwise acquire any railroad, the whole or part of which is in this state, with all the rights, privileges, and franchises thereto pertaining, or buy the stock and bonds, or guarantee the bonds of any railroad corporation incorporated or organized under the laws of this state whenever the roads of such companies shall form in the operation thereof a continuous line or lines. However, the road so purchased shall not be parallel or competing with the purchasing road.
Amended by Act 2019, No. 315,§ 2410, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 168, eff. 8/1/2017.
Acts 1889, No. 34, § 2, p. 43; C. & M. Dig., § 8509; Pope's Dig., § 11085; Acts 1959, No. 30, § 22; A.S.A. 1947, § 73-423.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 11 - ESTABLISHMENT AND ORGANIZATION OF RAILROADS (§§ 23-11-101 — 23-11-505) › Subchapter 4 - FOREIGN RAILROADS (§§ 23-11-401 — 23-11-404) › Section 23-11-403 - Lessor and lessee of railroad subject to laws

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 laws of this state and may sue or be sued in all cases, and for the same causes and in the same manner, as a corporation of this state might sue or be sued if operating its own road, but a satisfaction of any claim or judgment by either of the corporations shall discharge the other.
Acts 1881, No. 43, § 2, p. 79; C. & M. Dig., § 8522; Pope's Dig., § 11098; A.S.A. 1947, § 73-429.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 11 - ESTABLISHMENT AND ORGANIZATION OF RAILROADS (§§ 23-11-101 — 23-11-505) › Subchapter 4 - FOREIGN RAILROADS (§§ 23-11-401 — 23-11-404) › Section 23-11-404 - Right to tax uncurtailed

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 conformity with the provisions of the laws of this state upon that subject.
Acts 1889, No. 34, § 2, p. 43; C. & M. Dig., § 8511; Pope's Dig., § 11087; A.S.A. 1947, § 73-424.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 11 - ESTABLISHMENT AND ORGANIZATION OF RAILROADS (§§ 23-11-101 — 23-11-505) › Subchapter 5 - LAND GRANTS (§§ 23-11-501 — 23-11-505) › Section 23-11-501 - Grants for purpose of aiding in construction of railroads

(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 otherwise, convey the lands or other property to the state for that purpose. The property shall then be held by the state for that purpose solely.
(b)
The donor, grantor, or devisor may, at his or her discretion, designate the railroad company or association to which the lands or other property shall be appropriated.
(c)
If the road or corporation is not completed within the time fixed by law, the land or property so donated shall revert back to the donor, grantor, or devisor.
Acts 1868, No. 71, § 41, p. 290; C. & M. Dig., §§ 8453, 8454; Pope's Dig., §§ 11027, 11028; A.S.A. 1947, §§ 73-501, 73-502.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 11 - ESTABLISHMENT AND ORGANIZATION OF RAILROADS (§§ 23-11-101 — 23-11-505) › Subchapter 5 - LAND GRANTS (§§ 23-11-501 — 23-11-505) › Section 23-11-502 - Lands forfeited upon failure to apply for and accept conveyance

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 within the time aforesaid shall forfeit all lands for which it fails to apply within such time.
Acts 1883, No. 26, § 2, p. 47; C. & M. Dig., § 8456; Pope's Dig., § 11030; A.S.A. 1947, § 73-504.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 11 - ESTABLISHMENT AND ORGANIZATION OF RAILROADS (§§ 23-11-101 — 23-11-505) › Subchapter 5 - LAND GRANTS (§§ 23-11-501 — 23-11-505) › Section 23-11-503 - Forfeited lands revert to state

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.
Acts 1883, No. 26, § 4, p. 47; C. & M. Dig., § 8458; Pope's Dig., § 11032; A.S.A. 1947, § 73-506.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 11 - ESTABLISHMENT AND ORGANIZATION OF RAILROADS (§§ 23-11-101 — 23-11-505) › Subchapter 5 - LAND GRANTS (§§ 23-11-501 — 23-11-505) › Section 23-11-504 - Report of failure to accept or forfeiture of lands - Lands proclaimed subject to sale

(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 of the lands forfeited by the nonapplication.
(b)
Upon receipt of the report, the Governor shall make proclamation that the lands have been forfeited and are subject to sale by the state.
Acts 1883, No. 26, § 5, p. 47; C. & M. Dig., §§ 8459, 8460; Pope's Dig., §§ 11033, 11034; A.S.A. 1947, § 73-507.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 11 - ESTABLISHMENT AND ORGANIZATION OF RAILROADS (§§ 23-11-101 — 23-11-505) › Subchapter 5 - LAND GRANTS (§§ 23-11-501 — 23-11-505) › Section 23-11-505 - List of lands conveyed - Assessment

(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 situated.
(b)
The assessor shall at the next assessment assess the lands for taxation as the property of the railroad company in the same manner that other lands are assessed.
Acts 1883, No. 26, § 3, p. 47; C. & M. Dig., § 8457; Pope's Dig., § 11031; A.S.A. 1947, § 73-505.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-12-101 — 23-12-105) › Section 23-12-101 - Sections 23-12-101 - 23-12-103 cumulative

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.
Amended by Act 2017, No. 707,§ 169, eff. 8/1/2017.
Acts 1909, No. 163, § 2, p. 502; A.S.A. 1947, § 73-613n.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-12-101 — 23-12-105) › Section 23-12-102 - Inspection of railroads by department

The Arkansas Department of Transportation shall carefully examine the condition of the railroads of this state as often as the department considers necessary.
Amended by Act 2017, No. 707,§ 170, eff. 8/1/2017.
Acts 1909, No. 163, § 1, p. 502; C. & M. Dig., § 1633; Pope's Dig., § 1954; A.S.A. 1947, § 73-613.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-12-101 — 23-12-105) › Section 23-12-104 - Number and frequency of trains and streetcars

(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 by or offered for transportation to it, or does not run its trains or cars with sufficient frequency or at reasonable or proper time, having regard to safety, or does not run any train or car upon a reasonable time schedule for the run, then, after a hearing either on its own motion or after complaint, the department shall have power to make an order directing any such railroad corporation or street railroad corporation to increase the number of its trains or of its cars or its motive power, or to change the time for starting its trains or cars, or to change the time schedule for the run of any train or car, or make any other suitable order that the department may determine reasonably necessary to accommodate and transport the passenger or freight traffic transported or offered for transportation.
(b)
No railroad corporation, street railroad corporation, or common carrier shall abandon, take up, or cease to operate for the transportation of passengers or freight any line, or any portion of its line, which it may deem no longer necessary for the successful operation of its road and for the convenience of the public without first obtaining the permission and approval of the department.
(c)
Nothing in this section shall authorize the department to make any order with reference to the amount of cars or motive power or with reference to the schedule or with reference to the operation or nonoperation of that part of any street railroad within the limits of any municipality of this state. It is the intention of this act that the jurisdiction as to such matters shall be elsewhere under this act delegated to municipal councils and city commissions of this state.
Amended by Act 2017, No. 707,§ 172, eff. 8/1/2017.
Acts 1919, No. 571, § 10; C. & M. Dig., §§ 1632, 1651; Acts 1921, No. 124, § 7; Pope's Dig., §§ 1972, 2006; A.S.A. 1947, § 73-122.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-12-101 — 23-12-105) › Section 23-12-105 - Attorney's fee taxed in suits for transportation violations

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 railroad, if the plaintiff recovers in any such action or suit he or she shall also recover a reasonable attorney's fee, to be taxed as part of the costs therein and collected as other costs may be by law collected.
Acts 1887, No. 127, § 1, p. 224; C. & M. Dig., § 851; Pope's Dig., § 1055; A.S.A. 1947, § 73-819.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 2 - ROADBEDS AND RIGHTS-OF-WAY (§§ 23-12-201 — 23-12-207) › Section 23-12-201 - Maintenance of right-of-way free from obstructions - Penalty

(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 operators using the public highways.
(2)
The maintenance of the right-of-way shall be for a distance of fifty feet (50') on each side of the centerline between the rails for the maintenance width and for a distance of one hundred yards (100 yds.) on each side of the centerline from the public road or highway for the maintenance length.
(b)
Any railroad corporation failing or refusing to comply with the provisions of this section shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation.
Acts 1969, No. 464, §§ 1, 2; A.S.A. 1947, §§ 73-631, 73-632; Acts 1993, No. 399, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 2 - ROADBEDS AND RIGHTS-OF-WAY (§§ 23-12-201 — 23-12-207) › Section 23-12-202 - Permitting certain weeds to seed on right-of-way unlawful - Recovery of damages

(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 this state.
(b)
(1)
If it shall appear upon the suit of any person owning, leasing, or controlling land contiguous to the right-of-way of any such railroad or railway company, or corporation, that the railway or railroad company or corporation has permitted any Johnson grass or Russian thistle to mature or go to seed upon their right-of-way, the person so suing shall recover from the railroad or railway company or corporation the sum of twenty-five dollars ($25.00) and any such additional sum as he or she may have been damaged by reason of the railroad or railway company or corporation permitting Johnson grass or Russian thistle to mature or go to seed upon their right-of-way.
(2)
However, any owner of land or any person controlling land contiguous to the right-of-way of any such railroad or railway company or corporation who permits any Johnson grass or Russian thistle to mature or go to seed upon the land shall have no right to recover from the railroad or railway company or corporation, as provided for in this section.
Acts 1909, No. 46, §§ 1, 2, p. 102; C. & M. Dig., §§ 8503, 8504; Pope's Dig., §§ 11079, 11080; A.S.A. 1947, §§ 73-629, 73-630.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 2 - ROADBEDS AND RIGHTS-OF-WAY (§§ 23-12-201 — 23-12-207) › Section 23-12-203 - Clearing right-of-way following derailment or wreck

(a)
Any railroad operating in this state shall be required to clear its right-of-way of debris and wrecked equipment within ninety (90) days following any derailment or train wreck.
(b)
In the event any railroad fails to comply with this requirement the Arkansas Department of Transportation, upon petition of any ten (10) citizens, shall conduct a hearing for the purpose of determining the cause of the railroad's failure to comply with this requirement.
(c)
The department is authorized to file suit in a court of competent jurisdiction for an order requiring the railroad's compliance with this section.
Amended by Act 2017, No. 707,§ 173, eff. 8/1/2017.
Acts 1971, No. 225, § 1; A.S.A. 1947, § 73-633.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 2 - ROADBEDS AND RIGHTS-OF-WAY (§§ 23-12-201 — 23-12-207) › Section 23-12-204 - Drainage of roadbed - Penalty for noncompliance

(a)
Any railroad company or corporation conducting or operating a line or lines of road is required, and it is made the duty of any such company or corporation, to effectually drain their respective roadbeds in all cases where the lack of drainage has been produced by the construction of the road wherever they pass a station, or within two hundred yards (200 yds.) of a farmhouse or residence, by constructing ditches or underdrains, either parallel or at an angle with their roadbed, of sufficient width, depth, and capacity to carry off all the water rapidly.
(b)
(1)
Any railroad company or corporation or any officer or agent or employee of any railroad company or corporation who shall knowingly and willfully violate the provisions of this section shall be liable to pay a penalty of not less than fifty dollars ($50.00) for each and every offense. The costs of suit, including a reasonable attorney's fee, are to be taxed by the court where the suit is heard on original action, by appeal or otherwise, and are to be recovered by a suit at law by the party aggrieved in any court of competent jurisdiction.
(2)
Twenty (20) days' notice shall be given to the officer, agent, or employee, as the case may be, of any violation of this section, before a cause of action shall accrue.
Acts 1891, No. 133, §§ 1, 2, p. 222; 1907, No. 250, § 1, p. 588; C. & M. Dig., §§ 8480-8482; Pope's Dig., §§ 11054, 11055, 11056; A.S.A. 1947, §§ 73-627, 73-628.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 2 - ROADBEDS AND RIGHTS-OF-WAY (§§ 23-12-201 — 23-12-207) › Section 23-12-205 - Sale of certain abandoned rights-of-way to municipalities

(a)
The term "abandons" as used in this section shall not include the nonuse of rights-of-way of a railroad that is presently inactive as a result of the insolvency of the railroad company if there are on-going efforts by either the railroad company or any governmental unit or civic organization to rehabilitate the railroad for the purpose of reestablishing rail service in the area.
(b)
(1)
When a railroad abandons a right-of-way which was acquired by eminent domain, and where there is a municipally owned natural gas pipeline buried thereon or there is a municipally owned natural gas pipeline buried on that railroad's right-of-way at a point within ten (10) miles of the abandoned right-of-way, the railroad shall offer to sell the abandoned right-of-way to the municipality at the fair market value of the right-of-way.
(2)
If the municipality wishes to purchase the right-of-way, the municipality shall so notify the appropriate railroad representative and the railroad shall, within sixty (60) days after being so notified, establish the fair market value of the right-of-way and offer to sell it to the municipality.
(3)
If the railroad fails to do so, the municipality may petition the circuit court for the appointment of three (3) appraisers to establish the fair market value of the right-of-way and for an order directing the railroad to offer to sell the right-of-way to the municipality for the fair market value established by the appraisers.
(c)
An offer by a railroad to sell rights-of-way for the fair market value shall constitute a continuing offer granting the municipality the first right of refusal, and, in instances where a third party makes an offer to the railroad to purchase the abandoned right-of-way, the municipality shall have thirty (30) days from the date of offer by the third party to exercise its right of first refusal.
Acts 1985, No. 1002, § 1; A.S.A. 1947, § 73-509.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 2 - ROADBEDS AND RIGHTS-OF-WAY (§§ 23-12-201 — 23-12-207) › Section 23-12-207 - Transfer of ownership or responsibility of railroad right-of-way

(a)
Any municipality, county, regional mobility authority, or regional intermodal authority may choose to operate or lease for operation any railroad right-of-way obtained or preserved from the abandonment of a rail line under §
23-12-206
.
(b)
Any municipality, county, regional mobility authority, or regional intermodal authority acquiring ownership of any railroad right-of-way obtained or preserved from the abandonment of a rail line under §
23-12-206
shall be responsible for any maintenance of the abandoned rail line.
Acts 2007, No. 747, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 3 - CROSSINGS AND SWITCHES (§§ 23-12-301 — 23-12-308) › Section 23-12-301 - Railroad crossings to be under supervision of commission

The State Highway Commission shall have exclusive power to:
(1)
Determine and prescribe the manner, including the particular point, of crossing and the terms of installation, operation, maintenance, apportionment of expenses, use, and protection of each crossing of one (1) railroad by another railroad or street railroad by a railroad, so far as applicable;
(2)
Alter or abolish any such crossing; and
(3)
Require, where, in its judgment, it would be practical, a separation of grades of any such crossing and prescribe the terms upon which the separation shall be made and the proportions in which the expense of the alteration or abolition of the crossings or the separation of the grades shall be divided between the railroad or street railroad corporations affected or between the corporations and the state, county, municipality, or other public authority in interest.
Acts 1919, No. 571, § 9; C. & M. Dig., § 1643; Pope's Dig., § 1964; A.S.A. 1947, § 73-121; Acts 1993, No. 399, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 3 - CROSSINGS AND SWITCHES (§§ 23-12-301 — 23-12-308) › Section 23-12-302 - Railroad switch connections to be permitted

Every railroad company shall permit switch connections for intrastate business to be made with its tracks at suitable and safe points by other carriers or shippers upon such terms and conditions as the Arkansas Department of Transportation may prescribe whenever, in the judgment of the department, it can be done with reasonable safety and whenever the business to be offered by the connecting company or shipper justifies it.
Amended by Act 2017, No. 707,§ 174, eff. 8/1/2017.
Acts 1919, No. 571, § 9; C. & M. Dig., § 1642; Pope's Dig., § 1963; A.S.A. 1947, § 73-120.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 3 - CROSSINGS AND SWITCHES (§§ 23-12-301 — 23-12-308) › Section 23-12-303 - Connections or crossings with other railroads - Compensation - Damages

(a)
(1)
Every railroad corporation created and organized under the laws of this state or created and organized under the laws of any other state or the United States and operating a railroad in this state shall have the power to cross, intersect, join, or unite its railroad with any other railroad at any point on its route and upon the grounds and right-of-way of the other railroad company with the necessary turnouts, sidings, and switches and other conveniences in furtherance of the object of its construction.
(2)
Every railroad company whose railroad is or shall be crossed, joined, or intersected by any new railroad shall unite with the owners and corporation of the new railroad in forming the crossing, intersection, and connection and shall grant to the railroads so crossing, intersecting, or uniting all the necessary facilities for that purpose as aforesaid.
(b)
If the two (2) corporations cannot agree upon the amount of compensation to be made for the purposes set forth in subsection (a) of this section or the points or manner of the crossing, junctions, or intersections, the compensation shall be ascertained and determined by a court of competent jurisdiction in the same manner as provided for the ascertainment of damages for right-of-way for railroads.
(c)
Any railroad company violating any of the provisions of this section shall forfeit and pay to the company injured thereby double the amount of damages which the injured company may have sustained, to be recovered in any court of competent jurisdiction.
Acts 1883, No. 89, §§ 1, 2, 4, p. 158; C. &. M. Dig., §§ 853, 3980, 3981, 8489, 8490, 8492; Pope's Dig., §§ 1057, 4982, 4983, 11063, 11064, 11066; A.S.A. 1947, §§ 73-609, 73-610, 73-804.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 3 - CROSSINGS AND SWITCHES (§§ 23-12-301 — 23-12-308) › Section 23-12-304 - Inspection of road crossings by commission - Hearings and orders

(a)
(1)
It shall be the duty of the State Highway Commission, or any representative of it, to inspect any road or street crossing in this state, either on its own initiative or when its attention is called to it by any citizen.
(2)
Upon a hearing the commission may make an order requiring the railroad company to protect the crossing in any manner which it considers just and reasonable, whether the crossings are at grade or over or under crossing and whether a public or private crossing.
(b)
(1)
It shall further be the duty of the commission, or any representative thereof, to make a personal inspection of any designated place where it is desired that a road or street, either public or private, cross any railroad in this state.
(2)
Upon ten (10) days' notice as required by law and after a public hearing, the commission may make such order as in its judgment shall be just and proper. The order may provide for a crossing at grade, over or under the railroad, and shall be enforced as other orders made by the commission.
(c)
By applicable federal law, the United States Congress has declared that laws, rules, regulations, orders, and standards relative to railroad safety shall be nationally standard to the extent practicable and that each state shall conduct and maintain a survey of all crossings and assign priorities from a safety standpoint for appropriate improvements and protective devices. The commission has made the survey, given the crossings in Arkansas hazardous index ratings, and now administers the crossing safety program in Arkansas. In view of the above, the commission is hereby designated as the sole public body to deal with, and shall have exclusive jurisdiction over, the location and construction of new, and the improving and protecting of new and existing, street, road, and highway railroad crossings in Arkansas.
Acts 1913, No. 272, §§ 1-3; C. & M. Dig., §§ 1644, 1645; Pope's Dig., §§ 1965, 1966; A.S.A. 1947, §§ 73-621, 73-622, 73-622n; Acts 1991, No. 1226, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 3 - CROSSINGS AND SWITCHES (§§ 23-12-301 — 23-12-308) › Section 23-12-306 - Public roads to cross railroads at right angles

(a)
When any public road or highway is laid out, opened, repaired, or improved by authority of any general law of the state, by any special act of the General Assembly, by order of any county court, or in any other lawful manner, and the road or highway as promulgated shall cross or intersect any railroad right-of-way or track at grade, the commissioners of the road or highway, or such other authorities as may be engaged in the construction, repair, or improvement thereof, shall lay out and construct the road or highway so as to cross the railroad right-of-way and tracks at right angles. However, if the topography of the ground at any crossing will not reasonably permit the crossing to be constructed at right angles to the railroad right-of-way or track, then the road or highway crossing may be made as nearly at right angles to the railroad right-of-way and track as may be practicable.
(b)
Failure of the commissioners or other authorities engaged in the construction, repair, or improvement of any road or highway to so lay out and provide for the construction of the crossings shall entitle and authorize any interested person or property owner to enjoin the construction of the road or highway crossing in any other manner.
Acts 1920 (3rd Ex. Sess.), No. 173, §§ 1, 2; C. & M. Dig., § 52251/2; Pope's Dig., § 6940; A.S.A. 1947, §§ 73-619, 73-620.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 3 - CROSSINGS AND SWITCHES (§§ 23-12-301 — 23-12-308) › Section 23-12-308 - Removal of fences for public convenience - Penalty for noncompliance

(a)
At all public crossings, at all places where the streets abut the railroad right-of-way, and at all other places where the public convenience demands it in all cities and incorporated towns, all railroads in this state shall remove all fences from such places in the cities and towns when the cities and towns shall demand the removal by ordinance.
(b)
(1)
Thirty (30) days' notice shall be given the railroads of the passage of such an ordinance.
(2)
All railroads thus notified shall remove the fences within sixty (60) days from the date notice is given.
(c)
All railroads failing or refusing to comply with this section shall be guilty of an offense and shall be fined the sum of twenty-five dollars ($25.00) for every day intervening between the day of the expiration of the sixty (60) days and the removal of the fences.
Acts 1893, No. 130, §§ 1, 2, p. 228; C. & M. Dig., §§ 8474-8477; Pope's Dig., §§ 11048-11051; A.S.A. 1947, §§ 73-625, 73-626.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 4 - EQUIPMENT - SAFETY PRECAUTIONS (§§ 23-12-401 — 23-12-412) › Section 23-12-402 - Locomotives to have headlights of requisite candlepower

(a)
Any company, corporation, or officer of court, owning or operating a railroad over fifty (50) miles in length, which is in whole or in part within this state, shall be required to equip, maintain, and use on each and every locomotive being operated in road service in this state in the nighttime a headlight of power and brilliancy of one thousand five hundred (1,500) candlepower.
(b)
Any company, corporation, or officer of court owning or operating a railroad over fifty (50) miles in length, which is in whole or in part within this state, violating the provisions of this section, shall be liable on conviction to a penalty of a fine of not less than three hundred dollars ($300) nor more than five hundred dollars ($500) for each separate offense. The amount shall be recovered in a civil action in the name of the state.
(c)
It is made the duty of any prosecuting attorney of any district in this state to enforce the provisions of this section when a complaint is properly filed in his or her office.
Acts 1907, No. 402, §§ 1-3, p. 1018; C. & M. Dig., §§ 8493-8495; Pope's Dig., §§ 11069-11071; A.S.A. 1947, §§ 73-704 -- 73-706.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 4 - EQUIPMENT - SAFETY PRECAUTIONS (§§ 23-12-401 — 23-12-412) › Section 23-12-404 - Equipment required on track motor cars

(a)
No railroad company in this state shall use any track motor car for the transportation of its employees unless the motor car is equipped with a windbreaker, a red taillight, and an electric headlight of sufficient brilliancy to distinguish an object the size of a man at a distance of three hundred feet (300').
(b)
Any company, corporation, or officer of court owning or operating a railroad of fifty (50) miles in length in whole or in part within this state violating the provisions of this section shall be liable on conviction to a penalty of a fine of not more than five dollars ($5.00) for each separate offense which shall be recovered in a civil action in the name of the state.
Acts 1951, No. 253, § 1; A.S.A. 1947, § 73-740.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 4 - EQUIPMENT - SAFETY PRECAUTIONS (§§ 23-12-401 — 23-12-412) › Section 23-12-406 - Transportation of hazardous materials

Any railroad transporting hazardous materials, as defined in the Hazardous Materials Transportation Act, in this state must have on the train, in the possession of the train crew, documents which shall contain the following information regarding the hazardous material:
(1)
Position in the train of the car containing the hazardous material;
(2)
Number of the car containing the hazardous material;
(3)
Description of the hazardous nature of the material, such as whether it is a corrosive or flammable liquid, gas, or solid; and
(4)
A description of the quantity of the hazardous material.
Acts 1979, No. 651, § 1; A.S.A. 1947, § 73-745.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 4 - EQUIPMENT - SAFETY PRECAUTIONS (§§ 23-12-401 — 23-12-412) › Section 23-12-407 - Repairs to cars to be done in state - Exceptions

(a)
(1)
All railroad corporations operating within the State of Arkansas and having their repair shops within the state shall, and are required to, repair, renovate, or build in the State of Arkansas, any and all defective or broken cars, coaches, locomotives, or other equipment owned or leased by the corporation in the State of Arkansas, when the rolling stock is within the State of Arkansas if the railway has been or is under an obligation to have proper facilities in the state to do the work.
(2)
(A)
No railway shall be required to haul its disabled equipment a greater distance for repairs at a point within the State of Arkansas than would be necessary to reach their repair shop in another state.
(B)
No railway company shall be permitted to haul for purposes of repair any disabled equipment by or past any shop owned or operated by the company where the disabled equipment can be repaired in order to reach some other repair shop at a greater distance for the purpose of repairing the disabled equipment.
(b)
(1)
The provisions of this section shall not apply to companies having fewer than sixty (60) continuous miles of railroad in operation in this state.
(2)
The provisions of this section shall not apply in cases of fires, floods, cyclones, or any such act of providence.
(c)
Any railroad corporation, lessee, receiver, superintendent, or agent who shall violate any of the provisions of this section shall after conviction by any court of competent jurisdiction be liable to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(d)
This section shall not be so construed as to require any railway corporation to violate the safety appliance laws of the United States Congress.
Acts 1915, No. 220, §§ 1-3; C. & M. Dig., §§ 8505-8507; Pope's Dig., §§ 11081-11083; A.S.A. 1947, §§ 73-731 -- 73-733.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 4 - EQUIPMENT - SAFETY PRECAUTIONS (§§ 23-12-401 — 23-12-412) › Section 23-12-408 - Lights to be placed on switches

(a)
Any company, corporation, or officer of court or any person operating any line of railroad during the nighttime in this state shall be required to place and maintain sufficient lights during the nighttime on all its main line switches of the line of railroad so operated. Green lights shall indicate main line, and red lights shall indicate side tracks.
(b)
Any company, corporation, or officer of court or any person operating any railroad in this state, who shall violate any of the provisions of this section, shall be liable on conviction to a penalty of a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each separate offense. The penalty shall be recovered in a civil action in the name of the state.
Acts 1911, No. 23, §§ 1, 2; C. & M. Dig., §§ 8496, 8497; Pope's Dig., §§ 11072, 11073; A.S.A. 1947, §§ 73-711, 73-712.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 4 - EQUIPMENT - SAFETY PRECAUTIONS (§§ 23-12-401 — 23-12-412) › Section 23-12-409 - Signals and signboards required at tunnels

(a)
(1)
Every person, company, or corporation operating any railroad in this state or any receivers for any railroad company in this state are required to erect, operate, and maintain an automatic block signal system at all tunnels located upon their lines in this state.
(2)
The block signal is to be located at least two thousand five hundred feet (2,500') from each end of the tunnel. It shall be constructed as to warn all approaching crews whenever a train is within the tunnel or within two thousand five hundred feet (2,500') of either end of the tunnel.
(b)
(1)
The railroad companies, corporations, or receivers operating any railroad in this state shall erect and maintain a signboard within one (1) mile of each end of all tunnels located on their lines in this state in order to warn engine crews that they are approaching a tunnel.
(2)
The signboard shall contain and display in large letters the following instruction: "ONE MILE TO TUNNEL - DANGER."
(c)
This section shall not apply to tunnels fewer than one thousand five hundred feet (1,500') in length.
(d)
Any railroad company or corporation, person, or receiver for any company or railroad operating a railroad within this state who shall violate or fail to comply with the provisions of this section shall upon conviction be fined in any sum not less than fifty dollars ($50.00) nor more than one hundred dollars ($100). Each day of violation or failure to comply with the provisions of this section shall constitute a separate offense.
Acts 1915, No. 74, §§ 1-3; C. & M. Dig., §§ 8498-8500; Pope's Dig., §§ 11074-11076; A.S.A. 1947, §§ 73-713 -- 73-715.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 4 - EQUIPMENT - SAFETY PRECAUTIONS (§§ 23-12-401 — 23-12-412) › Section 23-12-410 - Audible warning device to be sounded at crossing - Penalty and damages

(a)
To give warning of a train's approach, an audible warning device meeting standards prescribed by the Federal Railroad Administration shall be sounded at least one-quarter (1/4) mile in advance of each location in Arkansas where a railroad crosses any public road, highway, or street or where any public road, highway, or street crosses any railroad and shall be sounded until the lead locomotive clears the crossing.
(b)
Any railroad company failing to warn of the train's approach as required in this section shall be liable upon a finding of a violation for a fine of two hundred dollars ($200) for each occurrence. The penalty shall be recovered in a civil action in the name of the state.
Acts 1868, No. 71, § 34, p. 290; C. & M. Dig., §§ 8559, 8568a; Pope's Dig., § 11135; A.S.A. 1947, § 73-716; Acts 2001, No. 1804, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 4 - EQUIPMENT - SAFETY PRECAUTIONS (§§ 23-12-401 — 23-12-412) › Section 23-12-411 - Warning boards required at crossings - Exception

(a)
Every railroad corporation in this state shall cause boards to be placed, well-supported by posts or otherwise, and constantly maintained across each public road or street where the public road or street is crossed by the railroad on the same level.
(b)
(1)
The boards shall be elevated so as not to obstruct travel and to be easily seen by travelers.
(2)
On each side of the boards shall be printed, in capital letters of at least the size of nine inches (9") each, the words, "RAILROAD CROSSING".
(3)
This section shall not apply to streets in cities or villages unless the corporation is required to put up the boards by the officers having charge of the streets.
Acts 1868, No. 71, § 35, p. 290; C. & M. Dig., § 8488; Pope's Dig., § 11062; A.S.A. 1947, § 73-717; Acts 1993, No. 399, § 3.