reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 74 - HIGHWAY BEAUTIFICATION (§§ 27-74-101 — 27-74-502) › Subchapter 5 - SCENIC EASEMENTS (§§ 27-74-501 — 27-74-502) › Section 27-74-502 - Acquisition of land

(a)
The State Highway Commission is authorized to acquire and improve strips of land necessary for the restoration, preservation, and enhancement of scenic beauty within and adjacent to the state highway system and the federal-aid highways of this state, including acquisition for publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public.
(b)
Any acquisition shall be in accord with the provisions of law pertaining to real property acquisition for highway, road, and street purposes.
(c)
The interest in any land authorized to be acquired and maintained under this chapter may be the fee simple or any lesser interest as determined by the commission to be reasonably necessary to accomplish the purposes of this chapter.
(d)
This acquisition may be by gift, purchase, exchange, or condemnation.
Acts 1967, No. 640, Art. 3, § 2; A.S.A. 1947, § 76-2521.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 75 - HIGHWAY CONSTRUCTION COMPACT (§§ 27-75-101 — 27-75-104) › Section 27-75-102 - Powers

There is hereby granted to the Governor and to the members of the authority for Arkansas all the powers provided for in the compact. All officers of the State of Arkansas are hereby authorized and directed to do all things falling within their respective jurisdictions which are necessary or incidental to carrying out the purpose of the compact.
Acts 1989, No. 622, § 2.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 75 - HIGHWAY CONSTRUCTION COMPACT (§§ 27-75-101 — 27-75-104) › Section 27-75-103 - Authority - Members

The representatives from the State of Arkansas who shall be members of the U.S. Highway 82 Four Lane Construction Authority shall be the five (5) members of the State Highway Commission who are each duly serving in the capacity as such a commissioner. During the course and extent of the compact, any newly appointed commissioner, or one appointed to fill the unexpired term of a commissioner, shall be a member of the authority and the replaced commissioner shall cease to be a member of the authority.
Acts 1989, No. 622, § 3.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 75 - HIGHWAY CONSTRUCTION COMPACT (§§ 27-75-101 — 27-75-104) › Section 27-75-104 - Consent of United States Congress

The authority shall have the power to apply to the Congress of the United States for its consent and approval of the compact; but, in the absence of the consent of Congress and until such consent is secured, the compact shall be binding upon the State of Arkansas in all respects permitted by law for the party states, without the consent of Congress, to cooperate for the purpose enumerated in the compact and in the manner provided therein.
Acts 1989, No. 622, § 4.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-76-101 — 27-76-107) › Section 27-76-101 - Title

This chapter is known and may be cited as the "Regional Mobility Authority Act".
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-76-101 — 27-76-107) › Section 27-76-104 - Exemption from taxation or assessment

(a)
A regional mobility authority is exempt from ad valorem property taxation of or assessments on each of the following:
(1)
A transportation system;
(2)
A transportation project; and
(3)
Property the regional mobility authority acquires or uses under this chapter for a transportation project or transportation system.
(b)
Income from the ownership or operation of the regional mobility authority shall be exempt from state income tax.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-76-101 — 27-76-107) › Section 27-76-105 - Exemption from fees

(a)
Except as provided under subsection (b) of this section, a regional mobility authority is exempt from the payment or assessment of any of the following fees levied by a governmental entity, a property owner's association, or a homeowner's association:
(1)
Development fees;
(2)
Utility connection fees;
(3)
Assessments; and
(4)
Service fees.
(b)
This section does not apply to fees or assessments charged under approved rate schedules or line extension policies of an electric or a gas utility that is owned by a municipality.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-76-101 — 27-76-107) › Section 27-76-106 - Immunity

(a)
The powers and duties of a regional mobility authority conferred by this chapter are public and governmental functions exercised for a public purpose and for matters of public necessity.
(b)
The exercise of the powers and the performance of the duties by a regional mobility authority under this chapter are immune from suit in tort unless immunity is expressly waived in writing.
(c)
A regional mobility authority is not immune from suit in contract if the contract arises from the performance of duties authorized by law.
Acts 2007, No. 389, § 1; 2011, No. 524, § 3.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-76-101 — 27-76-107) › Section 27-76-107 - Approval required

Any design or proposal for a road or highway improvement must be approved by the governmental entity that owns the roadway prior to the commencement of the development of the transportation project.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 2 - CREATION (§§ 27-76-201 — 27-76-204) › Section 27-76-201 - Authority to create

(a)
A single county may create a regional mobility authority by adoption of an ordinance.
(b)
A combination of contiguous counties may create a regional mobility authority by each county:
(1)
Adopting an ordinance that provides for the county's participation in the regional mobility authority; and
(2)
Entering into a joint agreement with the other participating counties that states the jurisdictional boundaries of the regional mobility authority.
(c)
This section shall not limit additional contiguous counties or municipalities from becoming a member in the regional mobility authority as provided under §
27-76-203
.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 2 - CREATION (§§ 27-76-201 — 27-76-204) › Section 27-76-202 - Purposes

The purposes of a regional mobility authority created under this chapter are to:
(1)
Plan, construct, operate, or fund transportation projects of the regional mobility authority; or
(2)
Plan, construct, operate, or fund improvements to a transportation system of the regional mobility authority.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 2 - CREATION (§§ 27-76-201 — 27-76-204) › Section 27-76-203 - Membership in regional mobility authority

(a)
To become a member of a regional mobility authority, a governing body of a municipality or county within the jurisdictional boundaries of the regional mobility authority shall:
(1)
Provide by ordinance for the participation of the municipality or county in the regional mobility authority; and
(2)
Enter into an agreement with the other participating members if such members exist.
(b)
(1)
The agreement between members of a regional mobility authority shall establish the terms and conditions of the operation of the regional mobility authority with the limitations provided in this chapter and other applicable laws.
(2)
If a regional mobility authority is composed of a single county, the terms and conditions of the operation of the regional mobility authority shall be established in the ordinance authorizing the creation of the regional mobility authority.
(c)
To the extent that it is consistent with this chapter, the agreement shall comply with the provisions of §
25-20-104(c)
.
Amended by Act 2013, No. 497,§ 1, eff. 8/16/2013.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 2 - CREATION (§§ 27-76-201 — 27-76-204) › Section 27-76-204 - Public corporation status

Upon creation of a regional mobility authority:
(1)
The regional mobility authority and its members shall:
(A)
Constitute a public corporation; and
(B)
Have perpetual succession; and
(2)
The regional mobility authority and its members may:
(A)
Contract and be contracted with;
(B)
Sue and be sued in tort to the extent that it has expressly waived liability in writing; and
(C)
Have and use a common seal.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 3 - GOVERNANCE (§§ 27-76-301 — 27-76-304) › Section 27-76-301 - Generally

A regional mobility authority created under this chapter shall be operated and controlled by a board of directors.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 3 - GOVERNANCE (§§ 27-76-301 — 27-76-304) › Section 27-76-302 - Board of directors

(a)
A board of directors shall manage and control each regional mobility authority created under this chapter, including the following:
(1)
Property;
(2)
Operations;
(3)
Business; and
(4)
Affairs.
(b)
The board of directors shall be solely responsible for selecting the chair of the board of directors and establishing procedures by which it shall operate.
(c)
A director shall not receive compensation in any form from or for his or her services as a director.
(d)
Each director shall be entitled to reimbursement by the regional mobility authority for any necessary expenditures incurred in connection with the performance of his or her general duties as a director.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 3 - GOVERNANCE (§§ 27-76-301 — 27-76-304) › Section 27-76-303 - Membership on board of directors

(a)
Unless the structure of the board of directors is otherwise specified in the agreement establishing the regional mobility authority, the board of directors of a regional mobility authority shall consist of no fewer than five (5) directors as provided under this section.
(b)
(1)
The board of directors shall include the county judge or designated representative of each county that is a member of the regional mobility authority and the mayor or designated representative of each city of the first class that is a member of the regional mobility authority.
(2)
If the number of directors is fewer than five (5) after fulfilling the requirements of subdivision (b)(1) of this section, then mayors or designated representatives of the cities of the second class that are members of the regional mobility authority are appointed to the board of directors in descending order of population as determined by the last federal decennial census until five (5) directors have been appointed.
(3)
If the number of directors is fewer than five (5) after fulfilling the requirements of subdivisions (b)(1) and (2) of this section, the county judge or designated representative of each county that is a member of the regional mobility authority and the mayor or designated representative of each city of the first class that is a member of the regional mobility authority shall:
(A)
Each appoint an additional director to the board of directors; and
(B)
If the number of directors is fewer than five (5) after fulfilling the requirement of subdivision (b)(3)(A) of this section, continue to appoint additional directors to the board of directors until:
(i)
The number of directors is at least five (5); and
(ii)
Each county judge or designated representative of each county that is a member of the regional mobility authority and each mayor or designated representative of each city of the first class that is a member of the regional mobility authority has appointed an equal number of directors to the board of directors.
(c)
The designated representative of a county judge or mayor under subsection (b) of this section shall be a qualified elector of the jurisdiction that the designated representative is appointed to represent.
(d)
If a city of the second class becomes a city of the first class and is a member of the regional mobility authority, the mayor of that city or designated representative shall become a director.
(e)
Membership of cities of the second class on the board of directors shall be adjusted after each federal decennial census.
Amended by Act 2013, No. 497,§ 2, eff. 8/16/2013.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 3 - GOVERNANCE (§§ 27-76-301 — 27-76-304) › Section 27-76-304 - Terms of directors

(a)
A director who is a public official may serve on the board of directors during his or her term of office as the county judge or mayor of a member of a regional mobility authority.
(b)
A director who is the designated representative of the mayor or county judge of a member of the regional mobility authority serves at the pleasure of the mayor of the municipality or the county judge of the county that is a member of the regional mobility authority.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 4 - POWERS AND DUTIES (§§ 27-76-401 — 27-76-410) › Section 27-76-402 - Limitations

(a)
Notwithstanding any other provision of law, a regional mobility authority shall not sell a toll facility project to a private entity or enter into a lease for a toll facility or concession agreement related to a toll facility.
(b)
Notwithstanding any other provision of law, a toll facility project established by a regional mobility authority shall be for construction of new highways only.
(c)
Notwithstanding any other provision of law, a regional mobility authority shall not establish a toll facility project without voter approval of the initial imposition of the tolls, including the initial toll rate, and if revenue bonds are to be issued by the regional mobility authority to fund all or a portion of the costs of the toll facility project, the issuance of the maximum principal amount of bonded indebtedness.
(d)
Notwithstanding any other provision of law, a regional mobility authority shall not acquire or receive by conveyance a transportation project or transportation system from another public or private entity that is either completed or for which a construction notice to proceed has been issued to convert the transportation project or transportation system to a toll facility project.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 4 - POWERS AND DUTIES (§§ 27-76-401 — 27-76-410) › Section 27-76-403 - Authority to contract

(a)
A regional mobility authority created under this chapter may enter into agreements or contracts with a governmental entity or a private entity.
(b)
The types of agreements or contracts that a regional mobility authority may enter into under this chapter include without limitation:
(1)
Lease agreements;
(2)
Rental agreements;
(3)
Operating agreements;
(4)
Service agreements;
(5)
License agreements;
(6)
Promotional agreements;
(7)
Purchasing agreements; and
(8)
Public-private partnership agreements for transportation projects concerning rail, waterway, or trail.
(c)
The scope of agreements or contracts that a regional mobility authority may enter into under this chapter includes without limitation:
(1)
Rent, lease, or make property available for the benefit of users of a transportation project or a transportation system other than a public utility facility;
(2)
Plan, design, construct, operate, or maintain a transportation project on behalf of a governmental entity within the boundaries of the regional mobility authority; and
(3)
Acquire with the consent of a governmental entity or private entity a transportation project or transportation system from that entity and assume any debts, obligations, and liabilities of the entity relating to a transportation project or transportation system transferred to the regional mobility authority, provided that a regional mobility authority shall not acquire a transportation project or transportation system from another public or private entity that is completed or for which a construction notice to proceed has been issued to convert the transportation project or transportation system to a toll facility project.
(d)
A regional mobility authority shall not sell a toll facility project to a private entity or enter into a lease for a toll facility or a concession agreement related to a toll facility.
Acts 2007, No. 389, § 1; 2011, No. 524, § 2.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 4 - POWERS AND DUTIES (§§ 27-76-401 — 27-76-410) › Section 27-76-404 - Actions affecting existing roads - Grade separation

(a)
A regional mobility authority may construct a grade separation at an intersection of a transportation project with a railroad or highway and change the line of the railroad or grade of a highway to accommodate the design of the grade separation as provided under this section.
(b)
A regional mobility authority shall obtain consent from the Arkansas Department of Transportation and the State Highway Commission before constructing a grade separation under this section that affects a segment of the state highway system.
(c)
A regional mobility authority shall pay the cost of a grade separation and any damage incurred in changing a line of a railroad or the grade of a highway as part of the cost of the transportation project.
(d)
(1)
On request of the county, a regional mobility authority that has changed the location of a segment of a county road as part of its development of a transportation project shall reconstruct that segment of the road at a location that the regional mobility authority determines restores the utility of the road.
(2)
On request of the city, a regional mobility authority that has changed the location of a segment of a city road as part of its development of a transportation project shall reconstruct that segment of the road at a location that the regional mobility authority determines restores the utility of the road.
(3)
Determinations under this subsection as to the relocation of a road shall be at the discretion of the regional mobility authority.
(4)
Any reconstruction under this subsection and the associated costs of reconstruction are deemed to be in furtherance of a transportation project.
Amended by Act 2017, No. 707,§ 426, eff. 8/1/2017.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 4 - POWERS AND DUTIES (§§ 27-76-401 — 27-76-410) › Section 27-76-405 - Expenditures for feasibility studies

(a)
A regional mobility authority may pay the expenses of studying the cost and feasibility and any other expenses relating to the preparation and issuance of bonds for a proposed transportation project by:
(1)
Using legally available revenue derived from an existing transportation project;
(2)
Borrowing money, issuing bonds, or entering into a loan agreement payable out of legally available revenue anticipated to be derived from the operation of an existing transportation project;
(3)
Pledging to the payment of the bonds or a loan agreement legally available revenue anticipated to be derived from the operation of a transportation project; or
(4)
Pledging to the payment of the bonds or loan agreement legally available revenue to the regional mobility authority from another source.
(b)
Money spent by a regional mobility authority under this section for a proposed transportation project may be reimbursed to the transportation project from which the money was spent from the proceeds of bonds issued for the acquisition and construction of the proposed transportation project.
(c)
The use of any money of a transportation project to study the feasibility of another transportation project or used to repay any money used for that purpose does not constitute an operating expense of the transportation project producing the revenue and may be paid only from the surplus money of the transportation project as determined by the regional mobility authority.
Amended by Act 2013, No. 497,§ 3, eff. 8/16/2013.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 4 - POWERS AND DUTIES (§§ 27-76-401 — 27-76-410) › Section 27-76-406 - Reimbursement for feasibility studies

(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 mobility authority; or
(2)
The improvement, extension, or expansion of an existing transportation project of the regional mobility authority.
(b)
Any of the following may pay all or part of the expenses under this section related to a transportation project and be reimbursed as provided under this section:
(1)
One (1) or more municipalities, counties, or other governmental entities;
(2)
A combination of municipalities, counties, or other governmental entities;
(3)
A governmental entity or private entity with its place of business in this state; or
(4)
An individual who resides in this state.
(c)
(1)
Funds expended under this section for a proposed transportation project are reimbursable without interest and with the consent of the regional mobility authority to the person paying the expenses as provided under this section.
(2)
The reimbursements shall be paid out of the proceeds from revenue bonds issued for or other moneys that may be used for the acquisition, construction, improvement, extension, expansion, maintenance, repair, or operation of the transportation project.
Amended by Act 2013, No. 497,§ 4, eff. 8/16/2013.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 4 - POWERS AND DUTIES (§§ 27-76-401 — 27-76-410) › Section 27-76-407 - Joint transportation projects or joint transportation systems between regional mobility authorities

(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 mobility authorities, then the regional mobility authorities may create one (1) operational and financial enterprise to operate the transportation projects.
(b)
If a regional mobility authority determines that a transportation project could most efficiently and economically be acquired or constructed if it were a part of the transportation system and that the addition will benefit the system, the regional mobility authority may:
(1)
Create more than one (1) transportation system and may combine two (2) or more transportation systems into one (1) system; or
(2)
Finance, acquire, construct, and operate additional transportation projects as additions to or expansions of a transportation system.
(c)
The revenue of a transportation system that is merged under this section shall be accounted for separately and shall not be commingled with the revenue of a transportation project that is not a part of the transportation system that was merged under this section or with the revenue of another transportation system.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 4 - POWERS AND DUTIES (§§ 27-76-401 — 27-76-410) › Section 27-76-408 - Transfer of transportation project or transportation system - Procedure

(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 authority if:
(1)
The transferee has executed written commitments to assume jurisdiction over the transferred transportation project or transportation system;
(2)
The property and contract rights in the transferred transportation project or transportation system and bonds issued for the project or system are not unfavorably affected by the transfer;
(3)
The transfer is not prohibited under the bond proceedings applicable to the transferred transportation project or transportation system;
(4)
An adequate provision has been made for the assumption of all debts, obligations, and liabilities relating to the transferred transportation project or transportation system by the regional mobility authority or governmental entity that is assuming jurisdiction over the transferred transportation project or transportation system;
(5)
The transferee lawfully assumes:
(A)
Jurisdiction over the transferred transportation project or transportation system; and
(B)
The debts, obligations, and liabilities of the regional mobility authority relating to the transferred transportation project or transportation system; and
(6)
The transfer has been approved by the board of directors of the regional mobility authority and the transferee or transferor.
(b)
If the requirements of subsection (a) of this section are met, then a regional mobility authority or governmental entity may transfer its work product to determine the feasibility of the construction, improvement, extension, or expansion of a transportation system or transportation project, including without limitation:
(1)
Traffic estimates;
(2)
Revenue estimates;
(3)
Plans;
(4)
Specifications;
(5)
Surveys;
(6)
Appraisals;
(7)
Financial work products; or
(8)
Other work product developed by the regional mobility authority or governmental entity to determine the feasibility of the construction, improvement, extension, or expansion of a transportation project or transportation system.
(c)
(1)
A regional mobility authority or governmental entity that accepts a transfer under this section may reimburse the transferor for any expenditures that it made prior to the transfer and any other amounts expended under related agreements.
(2)
The reimbursement may be made from the feasibility study fund or other lawful funding source to pay the costs of work product for a transferred transportation project or transportation system.
(3)
The reimbursement may be made over time, as determined by the parties.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 4 - POWERS AND DUTIES (§§ 27-76-401 — 27-76-410) › Section 27-76-409 - Agreements to construct, maintain, and operate transportation projects

(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 subdivision of another governmental entity; or
(E)
A toll road corporation owned or operated by any governmental entity.
(b)
(1)
A regional mobility authority may enter into an agreement to allow a public or private entity to:
(A)
Study the feasibility of a transportation project; or
(B)
Design, construct, maintain, or repair a transportation project.
(2)
A regional mobility authority and one (1) or more entities described under subsection (a) of this section may enter into a joint agreement to study the feasibility of a transportation project or to acquire, design, finance, construct, maintain, repair, operate, extend, or expand a transportation project.
(3)
A regional mobility authority shall not sell a toll facility project to a private entity or enter into a lease for a toll facility or a concession agreement related to a toll facility.
(c)
(1)
A regional mobility authority has broad discretion to negotiate provisions in a development agreement through which a governmental entity or private entity may contribute resources or improvements to a project.
(2)
The development agreement may include provisions relating to:
(A)
The design, financing, and construction of a transportation project in accordance with standards adopted by the regional mobility authority; and
(B)
Professional and consulting services to be rendered under standards adopted by the regional mobility authority in connection with a transportation project.
(d)
A regional mobility authority shall not incur a financial obligation on behalf of or guarantee the obligations of a governmental entity or a private entity that constructs, maintains, or operates a transportation project.
(e)
A regional mobility authority or a county or municipality that is a member of a regional mobility authority is not liable for any financial or other obligation of a transportation project solely because a governmental entity or a private entity constructs or finances part of a transportation project.
(f)
A regional mobility authority shall not directly provide water, wastewater, natural gas, petroleum pipeline, electric transmission, electric distribution, telecommunications, information, or cable television services.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 4 - POWERS AND DUTIES (§§ 27-76-401 — 27-76-410) › Section 27-76-410 - Consistency of planning

(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 and county master street plans, and metropolitan transportation plans in metropolitan areas as required under
23 U.S.C. § 134
as it existed on January 1, 2007.
(b)
Nothing in this section shall interfere with the responsibility and authority of metropolitan planning organizations to perform transportation systems planning as required under
23 U.S.C. § 134
as it existed on January 1, 2007.
(c)
Nothing in this section shall interfere with the responsibility and authority of the Arkansas Department of Transportation and the State Highway Commission to perform transportation systems planning.
Amended by Act 2017, No. 707,§ 427, eff. 8/1/2017.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 5 - EMINENT DOMAIN (§§ 27-76-501 — 27-76-505) › Section 27-76-501 - Generally

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.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 5 - EMINENT DOMAIN (§§ 27-76-501 — 27-76-505) › Section 27-76-502 - Entering property

(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 appraising the property or determining whether it is suitable for the regional mobility authority's purpose.
(b)
If an owner of real property does not consent, a regional mobility authority may seek a court order to enter a property under this section.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 5 - EMINENT DOMAIN (§§ 27-76-501 — 27-76-505) › Section 27-76-503 - Condemnation petition

(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 petition in condemnation shall describe the lands and property sought to be taken.
(c)
The regional mobility authority shall give the owner of the property to be taken at least ten (10) days' notice in writing of the time and place where the petition will be heard.
(d)
(1)
If the property sought to be taken is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which any part of the property may be located.
(2)
The proceedings held in the circuit court shall apply to all of the property described in the petition.
(e)
If the owner of the property sought to be taken is a nonresident of the state, notice shall be made in accordance with the Arkansas Rules of Civil Procedure.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 5 - EMINENT DOMAIN (§§ 27-76-501 — 27-76-505) › Section 27-76-504 - Declaration of taking

(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 may file a declaration of taking at any time before a judgment is signed or with the petition in condemnation in any proceeding instituted by and in the name of the regional mobility authority that involves the acquisition of real property, an interest in real property, or an easement.
(c)
The declaration of taking shall contain or have annexed to it the following:
(1)
A statement that the regional mobility authority is taking the real property, the interest in the real property, or the easement;
(2)
A statement of the purpose for which the regional mobility authority is taking the real property, the interest in the real property, or the easement for the use of the regional mobility authority;
(3)
A description of the real property, the interest in the real property, or the easement that the regional mobility authority is taking, sufficient for the identification thereof;
(4)
A plat showing the real property, the interest in the real property, or the easement that the regional mobility authority is taking; and
(5)
A statement of the amount of money estimated by the acquiring regional mobility authority to be just compensation for the taking of the real property, the interest in the real property, or the easement.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 5 - EMINENT DOMAIN (§§ 27-76-501 — 27-76-505) › Section 27-76-505 - Condemnation proceedings and judgment

(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 authority is taking.
(b)
The matter shall proceed and be determined as in other civil cases.
(c)
In all cases of infants or incompetent persons, when no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the circuit court to appoint a guardian ad litem who shall represent their interest for all purposes.
(d)
Compensation shall be ascertained and awarded in the proceeding and established by judgment therein.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 6 - FINANCING AND BONDS (§§ 27-76-601 — 27-76-611) › Section 27-76-601 - Financing generally

(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 mobility authority;
(2)
If requested and adopted, revenue from the levy by a member city of a sales tax under §
26-75-201
et seq. and §
26-75-301
et seq. for the benefit of the regional mobility authority;
(3)
Revenue from a motor vehicle tax imposed by a county that is a member of a regional mobility authority under §
26-78-101
et seq.;
(4)
(A)
If authorized by law, requested, and adopted, revenue from the levy of an additional sales and use tax for the benefit of a regional mobility authority by a county or city not to exceed one-half of one percent (0.5%).
(B)
A sales and use tax levied as described in this subdivision (a)(4) is in addition to any taxes levied under subdivisions (a)(1)-(3) of this section;
(5)
Proceeds from tolls from toll facility projects owned by the regional mobility authority;
(6)
Proceeds from charges and rates imposed on surface transportation systems owned by the regional mobility authority that are not toll facility projects;
(7)
Proceeds from the sale of bonds;
(8)
State turnback funds received from counties that are members of the regional mobility authority and cities that are within the boundaries of a regional mobility authority, under §§
27-70-206
and
27-70-207
;
(9)
Other state funding that is appropriated; or
(10)
Other funds from a state agency.
(b)
Taxes and tolls imposed under subdivisions (a)(1)-(5) of this section shall be approved by voters pursuant to all applicable election laws.
(c)
(1)
A regional mobility authority shall not use revenue from a transportation project in a manner that is not authorized by this chapter or other law.
(2)
Except as provided by this chapter, revenue derived from a transportation project shall not be applied for a purpose or to pay a cost other than a cost or purpose that is reasonably related to or anticipated to be for the benefit of a transportation project.
Amended by Act 2013, No. 497,§ 5, eff. 8/16/2013.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 6 - FINANCING AND BONDS (§§ 27-76-601 — 27-76-611) › Section 27-76-602 - Authority to issue bonds

(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 bond resolution and under the provisions of this chapter to pay the cost of a transportation project or to pay all or part of the cost of a transportation project that will become part of a transportation system.
(b)
If a regional mobility authority pursues the development of a toll facility project, the regional mobility authority may issue revenue bonds pursuant to a bond resolution and under the provisions of this chapter to pay the toll facility project costs with toll facility project revenues.
Amended by Act 2013, No. 497,§ 6, eff. 8/16/2013.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 6 - FINANCING AND BONDS (§§ 27-76-601 — 27-76-611) › Section 27-76-603 - Tax-exempt status

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.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 6 - FINANCING AND BONDS (§§ 27-76-601 — 27-76-611) › Section 27-76-605 - Sale

(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 may be sold at a price that the board of directors of the regional mobility authority determine to be in the best interest of the regional mobility authority, including sale at discount.
(c)
(1)
The bonds shall be executed by manual or facsimile signature of the chair of the regional mobility authority and the manual or facsimile signature of the secretary of the regional mobility authority or any other officer of the regional mobility authority authorized to do so by resolution of the board of directors.
(2)
In case any of the officers whose signatures appear on the bonds shall cease to be the officers before delivery of the bonds, their signatures nevertheless shall be valid and sufficient for all purposes.
(d)
Each bond shall be impressed or imprinted with the seal of the regional mobility authority.
Amended by Act 2013, No. 497,§ 8, eff. 8/16/2013.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 6 - FINANCING AND BONDS (§§ 27-76-601 — 27-76-611) › Section 27-76-606 - Proceeds

(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 to a surface transportation system that is either owned or operated or is proposed to be owned or operated by the regional mobility authority;
(B)
Paying interest on the bonds during the period of construction of the betterments, improvements, and extensions;
(C)
Establishing any necessary reserves for the bonds;
(D)
Paying the costs of issuing the bonds; and
(E)
Paying any other costs and expenditures of whatever nature incidental to the accomplishment of the betterments, improvements, and extensions.
(2)
The terms "betterments", "improvements", and "extensions" include surface transportation systems as well as all other real and personal property, buildings, structures, or other improvements or facilities as may be necessary or advisable for the proper and efficient operation of the regional mobility authority's surface transportation system.
(c)
If the proceeds of a bond issue exceed the cost of the transportation project for which the bonds were issued, the surplus shall be segregated from the other money of the regional mobility authority and used only for the purposes specified in the bond resolution.
(d)
To the extent permitted under the applicable bond proceedings, revenue from one (1) transportation project or toll facility project of a regional mobility authority may be used to pay the cost of another transportation project or toll facility project of the same regional mobility authority.
Amended by Act 2013, No. 497,§ 9, eff. 8/16/2013.
Acts 2007, No. 389, § 1.