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18-15-407. State or county roads.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-407. State or county roads.
(a) If any portion of a state or county road will lie below the high-water mark of an impounding lake, the operating authority of the municipal waterworks system shall have the right to flood the road.
(b) However, if the state or the county determines that a replacement road is required, the municipality shall be obligated to pay the cost of replacing the flooded road with another road of the same type and width. The road shall be the shortest reasonable distance consistent with good engineering practice.
(c)(1) The Arkansas Department of Transportation, hereinafter called “state”, shall make all necessary determinations for the state highways.
(2) The county judges, hereinafter called “county”, shall make all determinations for county roads.
(d) If the county or state determines that a road need not be replaced, the operating authority is authorized to pay to the county or to the state a reasonable sum in lieu of relocating the road. Any sum so paid shall be used by the state or county for road purposes elsewhere in the state or county, as the case may be.
(e) The county or state may permit the municipality to construct the relocated road, and in that event the operating authority shall be entitled to condemn rights-of-way for the roads in its own name under this subchapter or under any eminent domain act available to the county or state.
(f) After acquiring the rights-of-way, title thereto shall be transferred to the county or state.
(g) If any part of the road replaced or paid for as authorized in this section lies upon property owned by the municipality, title to that part of the replaced road shall vest in the municipality.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-407
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:18-15-407
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 11d430f9f37da86140e769e3deebcaf51b049c4ed3d0af65dba9725583dea444
Source location: content.xml paragraph 3643
Stored source content
18-15-407. State or county roads.
(a) If any portion of a state or county road will lie below the high-water mark of an impounding lake, the operating authority of the municipal waterworks system shall have the right to flood the road.
(b) However, if the state or the county determines that a replacement road is required, the municipality shall be obligated to pay the cost of replacing the flooded road with another road of the same type and width. The road shall be the shortest reasonable distance consistent with good engineering practice.
(c)(1) The Arkansas Department of Transportation, hereinafter called “state”, shall make all necessary determinations for the state highways.
(2) The county judges, hereinafter called “county”, shall make all determinations for county roads.
(d) If the county or state determines that a road need not be replaced, the operating authority is authorized to pay to the county or to the state a reasonable sum in lieu of relocating the road. Any sum so paid shall be used by the state or county for road purposes elsewhere in the state or county, as the case may be.
(e) The county or state may permit the municipality to construct the relocated road, and in that event the operating authority shall be entitled to condemn rights-of-way for the roads in its own name under this subchapter or under any eminent domain act available to the county or state.
(f) After acquiring the rights-of-way, title thereto shall be transferred to the county or state.
(g) If any part of the road replaced or paid for as authorized in this section lies upon property owned by the municipality, title to that part of the replaced road shall vest in the municipality.
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