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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 2 - HIGHWAY DESIGNATION, CONSTRUCTION, AND MAINTENANCE (§§ 27-67-201 — 27-67-230) › Section 27-67-224 - The Arkansas Wine Country Trail

(a)
(1)
To provide more detailed directions on highways, roads, and streets to agritourism vineyards and wineries in the State of Arkansas, the Arkansas Wine Country Trail is established.
(2)
(A)
The Arkansas Wine Country Trail shall include the highways, roads, and streets that lead to the wineries permitted by the Alcoholic Beverage Control Division that produce wine from Arkansas-grown fruits and vegetables.
(B)
The Arkansas Department of Transportation shall determine the location of the Arkansas Wine Country Trail in consultation with the Department of Parks, Heritage, and Tourism.
(3)
A winery is eligible to have signs near its facility if it:
(A)
Is a winery permitted by the division; and
(B)
Offers tours.
(4)
The signs shall be of size and shape and of materials designated by the Arkansas Department of Transportation in consultation with the Department of Parks, Heritage, and Tourism.
(b)
(1)
The sign for the Arkansas Wine Country Trail shall have on it a cluster of grapes in front of a classic bottle of Bordeaux wine with a statement approved by the Arkansas Department of Transportation, a directional arrow, and one (1) of the following phrases:
(A)
"Winery Tours";
(B)
"Winery and Vineyard Tours";
(C)
"Wine Cellar Tours"; or
(D)
"Wine Cellar and Vineyard Tours".
(2)
Information for proper placement will be made available by the Arkansas Department of Transportation.
(3)
This sign, but on a smaller scale, shall be used as the symbol on the state highway map and in all tourism literature published by the Department of Parks, Heritage, and Tourism to indicate the Arkansas Wine Country Trail or individual vineyards, wineries, or cellars that are part of the Arkansas Wine Country Trail.
Amended by Act 2019, No. 910,§ 5727, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5726, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5725, eff. 7/1/2019.
Amended by Act 2017, No. 707,§ 396, eff. 8/1/2017.
Acts 2011, No. 1052, § 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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 2 - HIGHWAY DESIGNATION, CONSTRUCTION, AND MAINTENANCE (§§ 27-67-201 — 27-67-230) › Section 27-67-225 - The Gold Star Families Highway

(a)
To honor Arkansas's fallen service members, who have served this great country in the United States Armed Forces, and their families, each of the following routes is designated as a "Gold Star Families Highway":
(1)
The route along Highway 163 North from its intersection with Highway 42 to its intersection with Highway 310; and
(2)
The route along Wilbur D. Mills Freeway, also known as "I-630", from its intersection with I-30 to its intersection with I-430.
(b)
The Arkansas Department of Transportation shall erect appropriate signs designating each route as a "Gold Star Families Highway" along:
(1)
Highway 163 North from its intersection with Highway 42 to its intersection with Highway 310; and
(2)
I-630 from its intersection with I-30 to its intersection with I-430.
Amended by Act 2019, No. 1070,§ 1, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 397, eff. 8/1/2017.
Added by Act 2015, No. 956,§ 1, eff. 7/22/2015.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 2 - HIGHWAY DESIGNATION, CONSTRUCTION, AND MAINTENANCE (§§ 27-67-201 — 27-67-230) › Section 27-67-226 - Delta Rhythm and Bayous Highway

(a)
The route along U.S. Highway 65 South from Pine Bluff, Arkansas, to the border between Arkansas and Louisiana is designated the "Delta Rhythm & Bayous Highway".
(b)
The Arkansas Department of Transportation shall erect appropriate signs along U.S. Highway 65 South from Pine Bluff, Arkansas, to the border between Arkansas and Louisiana designating the route as the "Delta Rhythm & Bayous Highway", including without limitation a sign in or near each of the following cities:
(1)
Dermott;
(2)
Dumas;
(3)
Gould;
(4)
Lake Village;
(5)
Pine Bluff; and
(6)
Tillar.
(c)
If the Arkansas Department of Transportation does not have the funds available to erect the signs required under subsection (b) of this section, the Arkansas Department of Transportation may accept and use gifts, grants, and donations received from private, public, and nonprofit sources, including without limitation a city street department or a county road department for:
(1)
Acquiring and installing the signs required under subsection (b) of this section; and
(2)
Maintaining, replacing, or reconstructing the signs required under subsection (b) of this section.
Added by Act 2017, No. 451,§ 2, eff. 8/1/2017.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 2 - HIGHWAY DESIGNATION, CONSTRUCTION, AND MAINTENANCE (§§ 27-67-201 — 27-67-230) › Section 27-67-227 - Arkansas Delta highway designations - Legislative findings

(a)
The General Assembly finds that:
(1)
Eastern Arkansas, commonly referred to as the "Arkansas Delta", is known for its rich musical heritage;
(2)
Some of the most influential musicians in the development of blues, soul, country, rockabilly, rhythm and blues, gospel, and prison music were from, or achieved musical milestones in, the Arkansas Delta, including:
(A)
Johnny Cash;
(B)
Levon Helm:
(C)
Louis Jordan; and
(D)
Sister Rosetta Tharpe;
(3)
The Arkansas Delta includes a portion of the Americana Music Triangle, which was a particularly fertile region during the development of American popular music in the middle decades of the twentieth century; and
(4)
The designation of certain highways in the Arkansas Delta is essential to preserve the region's history, promote music heritage tourism in the area, and provide a highway travel route for the music enthusiast.
(b)
The route along Highway 17 from Dyess, Arkansas, to Wilson, Arkansas, where the boyhood home of Johnny Cash is located, is designated the "Johnny Cash Memorial Highway".
(c)
The route along U.S. Highway 49 from Marvell, Arkansas, to Helena, Arkansas, where the boyhood home of Levon Helm is located, is designated the "Levon Helm Memorial Highway".
(d)
The route along U.S. Highway 49 from Brinkley, Arkansas, the birthplace of Louis Jordan, to Marvell, Arkansas, is designated the "Louis Jordan Memorial Highway".
(e)
The route along Highway 17 from Cotton Plant, Arkansas, the birthplace of Sister Rosetta Tharpe, to Brinkley, Arkansas, is designated the "Sister Rosetta Tharpe Memorial Highway".
(f)
The route along U.S. Highway 61 from West Memphis, Arkansas, to Blytheville, Arkansas, a region recognized for its role in the development of Americana music, is designated the "Americana Music Highway".
(g)
The Arkansas Department of Transportation shall erect appropriate signs along:
(1)
Highway 17 from Dyess, Arkansas, to Wilson, Arkansas, designating the route as the "Johnny Cash Memorial Highway";
(2)
U.S. Highway 49 from Marvell, Arkansas, to Helena, Arkansas, designating the route as the "Levon Helm Memorial Highway";
(3)
U.S. Highway 49 from Brinkley, Arkansas, to Marvell, Arkansas, designating the route as the "Louis Jordan Memorial Highway";
(4)
Highway 17 from Cotton Plant, Arkansas, to Brinkley, Arkansas, designating the route as the "Sister Rosetta Tharpe Memorial Highway"; and
(5)
U.S. Highway 61 from West Memphis, Arkansas, to Blytheville, Arkansas, designating the route as the "Americana Music Highway".
Added by Act 2017, No. 810,§ 1, eff. 8/1/2017.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 2 - HIGHWAY DESIGNATION, CONSTRUCTION, AND MAINTENANCE (§§ 27-67-201 — 27-67-230) › Section 27-67-228 - Construction project information signs - Definitions

(a)
As used in this section:
(1)
"Construction project information sign" means temporary signs placed at the beginning and end of a public road construction project informing motorists of the:
(A)
Public road construction project start date and estimated date of completion; and
(B)
Job number assigned to the public road construction project; and
(2)
"Public road construction project" means the construction, restoration, reconstruction, renovation, or repair of a road, highway, bridge, overpass, interchange, or right-of-way in which the construction, restoration, reconstruction, renovation, or repair is to be performed or is initiated by the Arkansas Department of Transportation or the State Highway Commission.
(b)
The department shall erect appropriate construction project information signs:
(1)
At least thirty (30) days before the first day of the public road construction project start date;
(2)
For each public road construction project of ten million dollars ($10,000,000) or more; and
(3)
In accordance with the rules governing informational signs placed on the highway by the department.
(c)
The department, using the job number listed on the construction project information sign erected under subsection (b) of this section, shall post on the department's website specific public road construction project details, including without limitation the:
(1)
Start date and estimated date of completion;
(2)
Total cost of the contract awarded;
(3)
Name of each contractor performing the public road construction project; and
(4)
The number of days the contractor is ahead of or behind schedule.
(d)
The department may promulgate rules for the administration and implementation of this section.
Added by Act 2017, No. 1070,§ 2, eff. 8/1/2017.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 2 - HIGHWAY DESIGNATION, CONSTRUCTION, AND MAINTENANCE (§§ 27-67-201 — 27-67-230) › Section 27-67-229 - True Grit Trail

(a)
The General Assembly finds that:
(1)
True Grit, a novel written by native Arkansan Charles Portis, is considered by some critics to be one of the great American novels;
(2)
The novel follows the story of a tenacious young girl as she travels in Arkansas from the Dardanelle area to Fort Smith where she hires a United States Marshal to help her avenge her father's death;
(3)
The novel has been adapted into screenplays for two (2) popular movies of the same name; and
(4)
The popularity of the tale and the attention it brings to the state make a compelling case for renaming the portion of Arkansas Highway 22 between Dardanelle and Fort Smith the "True Grit Trail".
(b)
The route along Arkansas Highway 22 between Dardanelle, Arkansas, and Fort Smith, Arkansas, is designated the "True Grit Trail".
(c)
The Arkansas Department of Transportation shall erect appropriate signs along Arkansas Highway 22 between Dardanelle, Arkansas, and Fort Smith, Arkansas, designating the route as the "True Grit Trail".
(d)
If the Arkansas Department of Transportation does not have the funds available to erect the signs required under subsection (c) of this section, the Arkansas Department of Transportation may accept and use gifts, grants, and donations received from private, public, and nonprofit sources, including without limitation a city street department or a county road department for:
(1)
Acquiring and installing the signs required under subsection (c) of this section; and
(2)
Maintaining, replacing, or reconstructing the signs required under subsection (c) of this section.
Added by Act 2019, No. 469,§ 1, eff. 7/24/2019.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-301 - Authority to acquire property

(a)
The State Highway Commission is authorized to acquire real or personal property, or any interest therein, deemed to be necessary or desirable for state highway purposes, by gift, devise, purchase, exchange, condemnation, or otherwise.
(b)
These lands or real property may be acquired in fee simple or in any lesser estate.
Acts 1953, No. 419, § 1; A.S.A. 1947, § 76-532.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-302 - State highway purposes

State highway purposes shall include, but are not limited to, the following:
(1)
For present and future rights-of-way, including those necessary for urban extensions of state highways within municipalities;
(2)
For exchanging them for other property to be used for rights-of-way if the best interest of the state will be served and right-of-way costs reduced thereby;
(3)
For rock quarries, gravel pits, sand or earth borrow pits, or related purposes, not being commercially operated;
(4)
For offices, shops, storage yards, or other necessary or auxiliary facilities;
(5)
For roadside areas or parks adjacent or adjoining or near any state highway;
(6)
For the culture and support of trees and shrubbery which benefit any state highway by aiding in the maintenance and preservation of the roadbed or trees and shrubbery which aid in the maintenance and promote the attractiveness of the scenic beauty associated with any state highways;
(7)
For drainage in connection with any state highway, or for cuts and fills, or channel changes or maintenance thereof;
(8)
For the maintenance of an unobstructed view of any portion of a state highway so as to promote the safety of the traveling public;
(9)
For the construction and maintenance of stock trails and cattle passes;
(10)
For the elimination of public or private crossings or intersections at grade, or any state highway; and
(11)
For the protection of the state highway system from both physical and functional encroachments of any kind.
Acts 1953, No. 419, § 1; A.S.A. 1947, § 76-532.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-303 - Entry for suitability studies

(a)
The Arkansas Department of Transportation and its agents and employees may enter upon real property and make surveys, examinations, photographs, tests, and samplings, or engage in other activities for the purpose of appraising the property or determining whether it is suitable and within the power of the condemnor to take for public use, if the entry is:
(1)
Preceded by reasonable efforts to notify the owner, and any other person known to be in actual physical occupancy of the property, of the time, purpose, and scope of the planned entry and activities;
(2)
Undertaken during reasonable daylight hours;
(3)
Accomplished peaceably and without inflicting substantial injury; and
(4)
Not in violation of any other statute.
(b)
The entry and activities authorized by this section do not constitute a trespass in the absence of unnecessary damage occurring in effecting the survey or examination.
Amended by Act 2017, No. 707,§ 398, eff. 8/1/2017.
Acts 1979, No. 894, § 1; A.S.A. 1947, § 76-532.1.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-304 - Use of right-of-way

(a)
The rights-of-way provided for all state highways shall be held inviolate for state highway purposes, except as provided in subsections (b) and (c) of this section. No physical or functional encroachments, installations, signs other than traffic signs or signals, posters, billboards, roadside stands, gasoline pumps, or other structures or uses shall be permitted within the right-of-way limits of state highways.
(b)
Political subdivisions, rural electric cooperatives, rural telephone cooperatives, private television cables, and public utilities of the state may use any right-of-way or land, property, or interest therein, the property of the State Highway Commission, for the purpose of laying or erecting pipelines, sewers, wires, poles, ditches, railways, or any other purpose, under existing agreements or permits or such agreements or permits hereinafter made by the commission or under existing laws, provided that such use does not interfere with the public use of the property for highway purposes.
(c)
No private television cable shall be placed upon the right-of-way limit of any state highway until such person, firm, association, partnership, or corporation first executes a bond payable to the commission in an amount to be determined by the district engineer located in the district in which such cable is to be located.
Acts 1953, No. 419, § 5; 1975, No. 654, § 1; A.S.A. 1947, § 76-544.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-305 - Commission discretion as to quantity of property acquired

In connection with the acquisition of lands, property, or interests therein for state highway purposes, the State Highway Commission, in its discretion, may acquire an entire lot, block, or tract of land or property, if by so doing the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for state highway purposes.
Acts 1953, No. 419, § 4; A.S.A. 1947, § 76-543.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-306 - Leases

(a)
The State Highway Commission, as lessor, may execute lease or rental agreements covering real property, and any interest in that property, including without limitation the right-of-way of any state highway, owned or held by the commission, the use of which for highway purposes is not immediately contemplated, for periods not to exceed five (5) years, upon reasonable terms and conditions.
(b)
Any building or other erection remaining on the real property at the expiration of the agreement shall be subject to removal upon thirty (30) days' notice at no expense to the state.
Amended by Act 2017, No. 964,§ 1, eff. 8/1/2017.
Acts 1953, No. 419, § 8; A.S.A. 1947, § 76-547.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-307 - Temporary easements

(a)
Temporary easements for temporary uses by the State Highway Commission in connection with the establishment and construction of state highways may be acquired or condemned in the same manner as fee simple estates.
(b)
After a temporary easement has served its intended purpose, the commission shall execute a release which shall be recorded in the recorder's office of the county wherein the affected lands or property are situated.
Acts 1953, No. 419, § 6; A.S.A. 1947, § 76-545.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-308 - Authority to compensate - Source of revenue

(a)
The State Highway Commission is authorized to make payment for any land or other real property acquired under the provisions of this act out of any appropriation made for state highway construction.
(b)
With respect to the costs of acquiring lands and real property for state highway purposes, the commission shall assess counties in which the land or property is located no part of the cost with respect to highways in the primary system and fifty percent (50%) of the cost with respect to highways in the secondary system. The county portion shall be deducted from the next payment due any county by reason of any appropriation out of the State Highway and Transportation Department Fund or state revenue from gasoline as motor vehicle fuel or automobile license tax to the county or county highway fund of the county.
(c)
The cost of removing man-made obstructions from the right-of-way shall be borne by the state, except that any such obstructions which shall have been erected upon a dedicated or condemned highway right-of-way after it shall have been so dedicated or condemned shall be removed by the owner or at the owner's expense.
Acts 1953, No. 419, § 7; 1955, No. 87, § 1; A.S.A. 1947, § 76-546.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-309 - Venue for condemnation actions

Actions by the State Highway Commission to condemn a right-of-way shall be brought in the county where the land is situated.
Acts 1928 (Ex. Sess.), No. 2, § 6; Pope's Dig., § 6520; A.S.A. 1947, § 76-237.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-310 - Precedence of condemnation proceedings

Court proceedings necessary to acquire land, property, or property rights for state highway purposes shall take precedence over all other causes not involving the public interest, to the end that an improved system of state highways is expedited.
Acts 1953, No. 419, § 3; A.S.A. 1947, § 76-542.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-311 - Condemnation petition - Notice

(a)
The State Highway Commission 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, giving 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.
(b)
If the property sought to be condemned is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which the whole or part of the property may be located. The proceedings had in the circuit court will apply to all such property described in the petition.
(c)
(1)
If the owner of the property sought to be taken is a nonresident of the state, notice shall be by publication in any newspaper in the county which is authorized by law to publish legal notices. This notice shall be published for the same length of time as may be required in other civil causes.
(2)
If there is no such newspaper published in the county, then publication shall be made in a newspaper designated by the circuit clerk, and one (1) written or printed notice thereof posted on the door of the county courthouse.
(d)
The condemnation petition shall describe the lands and property sought to be acquired for state highway right-of-way purposes and shall be sworn to.
(e)
Where the immediate possession of lands and property is sought to be obtained, the Arkansas Department of Transportation may file a declaration of taking, as provided by §
27-67-312
, at any time before judgment or together with the condemnation petition.
Amended by Act 2017, No. 707,§ 399, eff. 8/1/2017.
Acts 1953, No. 419, § 2; A.S.A. 1947, § 76-533.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-312 - Declaration of taking

(a)
In any proceeding instituted by and in the name of the State of Arkansas, involving the acquisition of any real property or any interest therein or any easements for public highway purposes, the petitioner may file a declaration of taking at any time before judgment signed by the Director of State Highways and Transportation, or with the condemnation petition, declaring that the real property or any interest therein or any easement is thereby taken for the use of the State of Arkansas.
(b)
The declaration of taking shall contain or have annexed thereto the following:
(1)
A statement of the authority under which the property or any interest therein or any easement is taken;
(2)
A statement of the public use for which such property or any interest therein or any easement is taken;
(3)
A description of the property taken or any interest therein or an easement, sufficient for the identification thereof;
(4)
A plat showing the property taken or any interest therein or any easement; and
(5)
A statement of the amount of money estimated by the acquiring agency to be just compensation for the property taken, or any interest therein or any easement.
Acts 1953, No. 115, §§ 1, 2; A.S.A. 1947, §§ 76-534, 76-535.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-313 - Motion to strike declaration of taking

(a)
In any case in which a declaration of taking has been filed as provided in §
27-67-312
, any defendant desiring to raise any question with respect to the validity of the taking shall do so by filing a motion to strike the declaration of taking and dismiss the suit.
(b)
The motion shall be made on or before the return day mentioned in the summons or notice of publication, or within twenty (20) days after the filing of the declaration of taking, whichever is later.
(c)
Failure to file such motion within the time herein provided shall constitute a waiver of the right of any defendant to challenge the validity of the taking.
Acts 1953, No. 115, § 7; A.S.A. 1947, § 76-540.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-314 - Right of entry

(a)
Upon the filing of the declaration of taking and the deposit with the clerk of the circuit court of the estimated compensation, the State of Arkansas shall thereupon have the right of entry and the parties in possession shall be required to surrender possession to the petitioner, upon such terms as shall be fixed by the court.
(b)
If, for any reason, the right of entry is postponed by the court in any case where the party in possession has withdrawn any part of the award, the court may fix a reasonable rental for the premises to be paid by the party to the State of Arkansas during such occupancy.
(c)
The court shall also have the power to direct the payment of delinquent taxes and special assessments out of the amount determined to be just compensation, and to make such orders with respect to encumbrances, liens, rents, insurance, and other charges, as shall be just and equitable.
(d)
The right to take possession and title in advance of final judgment in condemnation proceedings as provided in §§
27-67-312
-
27-67-315
, §
27-67-316(a)
-(e), and §§
27-67-317
-
27-67-319
shall be in addition to any right, power, or authority conferred by the laws of this state under which such proceedings may be conducted and shall not be construed as abrogating, limiting, or modifying any such right, power, or authority.
Acts 1953, No. 115, § 5; A.S.A. 1947, § 76-538.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-315 - Title vests upon deposit

Immediately upon the making of the deposit provided for in §
27-67-314
, title to the lands in fee simple, or a conditional fee if mineral rights are sought to be preserved to the property owner, or a lesser estate or interest therein as is specified in the declaration, shall vest in the persons entitled thereto.
Acts 1953, No. 115, § 3; A.S.A. 1947, § 76-536.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-316 - Condemnation proceedings and judgment

(a)
It shall be the duty of the circuit court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation the Arkansas Department of Transportation shall pay.
(b)
The matter shall proceed and be determined as in other civil cases.
(c)
In all cases of infants or persons of unsound mind, when no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the 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.
(e)
(1)
Judgment shall include, as a part of the just compensation awarded, interest at the rate of six percent (6%) per annum on the amount finally awarded as the value of the property, from the date of the surrender of possession to the date of payment, but interest shall not be allowed on so much thereof as may have been paid into court.
(2)
No sum so paid into court shall be charged with commission or poundage.
(f)
All courts and juries in cases of condemnation of lands for rights-of-way for state highways shall take into consideration the fact that lands are required to be assessed at fifty percent (50%) of their true value and shall also take into consideration the fact that owners of automobiles and trucks living miles off a state highway pay the same gasoline and auto license tax as those being fortunate enough to own land adjoining a state highway. Any court or jury considering claims for right-of-way damages shall deduct from the value of any land taken for a right-of-way the benefits of the state highway to the remaining lands of the owner.
(g)
All suits involving the validity of subsection (f) of this section, or any portion thereof, shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment, and appeals in such suits must be taken and perfected within thirty (30) days from the date of the judgment or decree.
Amended by Act 2017, No. 707,§ 400, eff. 8/1/2017.
Acts 1929, No. 205, §§ 1, 3; Pope's Dig., §§ 6962, 6964; Acts 1953, No. 115, § 3; 1953, No. 419, § 2; A.S.A. 1947, §§ 76-512, 76-521, 76-533, 76-536.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-317 - Payment of award

(a)
Upon the application of any party in interest and upon due notice to all parties, the court may order that the money deposited in the court, or any part thereof, be paid immediately to the person or persons entitled thereto.
(b)
If the compensation finally awarded exceeds the amount of money deposited by twenty percent (20%) or more, the court shall enter judgment against the State of Arkansas and in favor of the party entitled thereto for the amount of the deficiency and shall award the party entitled to judgment its costs, expenses, and reasonable attorney's fees incurred in preparing and conducting the final hearing and adjudication, including without limitation the cost of appraisals and fees for experts.
(c)
If the compensation finally awarded is less than the amount of money deposited and paid to the persons entitled thereto, the court shall enter judgment in favor of the State of Arkansas and against the proper parties for the amount of the excess.
Amended by Act 2015, No. 1101,§ 2, eff. 7/22/2015.
Amended by Act 2013, No. 502,§ 2, eff. 8/16/2013.
Acts 1953, No. 115, § 4; A.S.A. 1947, § 76-537.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-318 - Hearing on amount of deposit

(a)
If, after due notice, any party in interest should feel aggrieved at the amount of the estimated compensation as deposited by the Arkansas Department of Transportation into the registry of the circuit court, the party shall be entitled to a hearing, at which time evidence may be heard and received concerning the adequacy of the deposit.
(b)
Thereafter, the circuit court shall, in its discretion, determine whether the present deposit is adequate, and if not, shall determine the additional amount which the department shall deposit. Such additional amount ordered deposited shall remain in the registry of the court without withdrawal until final adjudication of just compensation, but the additional deposit shall not prevent the accrual of interest on the difference in the amount of the original deposit and the compensation awarded as provided in §§
27-67-315
and
27-67-316
.
(c)
This hearing and adjudication shall in no way interfere with the possession of the premises by the department.
Amended by Act 2017, No. 707,§ 401, eff. 8/1/2017.
Acts 1953, No. 115, § 8; 1963, No. 99, § 1; A.S.A. 1947, § 76-541.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-319 - Appeal not to delay vesting of title

(a)
No appeal in any cause under this subchapter, nor any bond or undertaking given therein, shall operate to prevent or delay the vesting of title to real property or any interest therein or any easement in the State of Arkansas.
(b)
The State of Arkansas shall not be divested of any title to real property or any interest therein or any easement acquired under this subchapter by court except where the court finds that the property or any interest therein or any easement was not taken for public use. In the event of this finding, the court shall enter judgment as may be necessary:
(1)
To compensate the persons entitled thereto for the period during which the property was in the possession of the state; and
(2)
To recover for the state any deposit or funds paid to any person.
Acts 1953, No. 115, § 6; A.S.A. 1947, § 76-539.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-320 - Acquisition when county court fails to grant petition

(a)
Where the State Highway Commission petitions any county court asking for right-of-way for any state highway and where the county court fails to grant the petition and to make court order procuring right-of-way within sixty (60) days after the petition is presented, then the commission may take such steps as it deems expedient to acquire right-of-way, either by purchase, exercise of its right of eminent domain, or otherwise.
(b)
In that event, one-half (½) of the cost of acquiring the right-of-way shall be deducted from the next payment due any county by reason of any appropriation out of the State Highway Fund or state revenue from gasoline as motor vehicle fuel or auto license tax to the county or county highway fund of the county.
(c)
All suits involving the validity of this section or any portion of it shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment, and appeals in such suits must be taken and perfected within thirty (30) days from the date of the judgment or decree.
Acts 1929, No. 205, §§ 2, 3; Pope's Dig., §§ 6963, 6964; Acts 1941, No. 281, § 1; A.S.A. 1947, §§ 76-511, 76-512.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-321 - Sale of surplus highway property

(a)
The State Highway Commission is empowered and authorized to:
(1)
Sell and convey any surplus land or real estate or any personal property or effects procured by or coming to the commission to which the commission or any member or officer therein holds title, or to which title was taken in the name of the State of Arkansas, in the settlement and procuring of rights-of-way for state highways, when lands so procured or obtained are not necessary for highway purposes; and
(2)
Sell and dispose of any real estate or other property procured or conveyed to the commission, any member or officer thereof, or to the State of Arkansas, in the settlement of any claims of the state against contractors growing out of or pertaining to any state highway construction or maintenance contract.
(b)
Before any sale of real estate or other assets shall be effective, it shall be approved by resolution of the commission in a regular meeting, or a special meeting called for that purpose.
(c)
The resolution shall be entered upon a record of the commission to be kept for that purpose, and a certified copy of the resolution signed by the presiding officer of the commission shall be prima facie evidence of its passage and adoption.
(d)
When the sale is approved by a resolution of the commission, then the chair or other presiding officer of the commission is authorized to execute to the county, city, incorporated town, person, company, or corporation purchasing the real estate or other property, a deed conveying all the right, title, interest, and equity of the commission, the Arkansas Department of Transportation, and the State of Arkansas in and to the lands.
(e)
Such deeds, when so executed, shall operate to convey to the purchaser any and all right, title, interest, and equity of the commission, the department, and the State of Arkansas in and to the lands so conveyed.
(f)
All proceeds arising from such sales shall be paid into and constitute a part of the state highway funds.
Amended by Act 2017, No. 1036,§ 1, eff. 8/1/2017.
Amended by Act 2017, No. 707,§ 402, eff. 8/1/2017.
Acts 1933, No. 124, §§ 1, 2; Pope's Dig., §§ 6497, 6498; A.S.A. 1947, §§ 76-226, 76-227.
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 67 - STATE HIGHWAY SYSTEM (§§ 27-67-101 — 27-67-324) › Subchapter 3 - ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY (§§ 27-67-301 — 27-67-324) › Section 27-67-323 - [Repealed]

Repealed by Act 2017, No. 1036,§ 4, eff. 8/1/2017.
Acts 1967, No. 394, § 1; A.S.A. 1947, § 76-552.
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 68 - CONTROLLED-ACCESS FACILITIES (§§ 27-68-101 — 27-68-111) › Section 27-68-101 - Intent

The General Assembly finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety and for the promotion of the general welfare.
Acts 1953, No. 383, § 1; A.S.A. 1947, § 76-2201.
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 68 - CONTROLLED-ACCESS FACILITIES (§§ 27-68-101 — 27-68-111) › Section 27-68-102 - Definition

As used in this chapter, "controlled-access facility" means a highway or street especially designed for through traffic over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a controlled right of easement of access, light, air, or view, by reason of the fact that their property abuts upon the controlled-access facility or for any other reason. These highways or streets may be freeways open to use by all customary forms of street and highway traffic or they may be parkways from which trucks, buses, and other commercial vehicles shall be excluded.
Acts 1953, No. 383, § 2; A.S.A. 1947, § 76-2202.
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 68 - CONTROLLED-ACCESS FACILITIES (§§ 27-68-101 — 27-68-111) › Section 27-68-103 - Penalties

(a)
It is unlawful for any person:
(1)
To drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on controlled-access facilities;
(2)
To make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation, or line;
(3)
To drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line; or
(4)
To drive any vehicle into the controlled-access facility from a local service road except through an opening providing for that purpose in the dividing curb or dividing section or dividing line which separates the service road from the controlled-access facility proper.
(b)
Any person who violates any of the provisions of this section shall be guilty of a misdemeanor. Upon arrest and conviction that person shall be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100) or by imprisonment in the city or county jail for not less than five (5) days nor more than ninety (90) days, or by both fine and imprisonment.
Acts 1953, No. 383, § 10; A.S.A. 1947, § 76-2210.
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 68 - CONTROLLED-ACCESS FACILITIES (§§ 27-68-101 — 27-68-111) › Section 27-68-104 - Powers of highway authorities generally

Acting alone or in cooperation with each other or with any federal, state, or local agency or any other state having authority to participate in the construction and maintenance of highways, the highway authorities of the state, counties, cities, towns, and villages are authorized to:
(1)
Plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled-access facilities for public use whenever the authority or authorities are of the opinion that present or future traffic conditions will justify such special facilities, provided that within cities and villages, authority shall be subject to such municipal consent as may be provided by law; and
(2)
Exercise, relative to controlled-access facilities, and in addition to the specific powers granted in this chapter, any and all additional authority vested in them relative to highways or streets within their respective jurisdictions.
Acts 1953, No. 383, § 3; A.S.A. 1947, § 76-2203.
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 68 - CONTROLLED-ACCESS FACILITIES (§§ 27-68-101 — 27-68-111) › Section 27-68-105 - Design and regulation of access

(a)
The highway authorities of the state, counties, cities, towns, and villages are authorized to so design any controlled-access facility and to so regulate, restrict, or prohibit access as to best serve the traffic for which such facility is intended.
(b)
In this connection, highway authorities are authorized to divide and separate the controlled-access facilities into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations or by designating separate roadways by signs, markers, stripes, and the proper lane for traffic by appropriate signs, markers, stripes, and other devices.
(c)
No person shall have any right of ingress or egress to, from, or across controlled-access facilities to or from abutting lands, except at designated points at which access may be permitted, upon such terms and conditions as may be specified from time to time.
Acts 1953, No. 383, § 4; A.S.A. 1947, § 76-2204.