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23-17-101. Right to construct, operate, and maintain lines — Damages for occupation of property.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-17-101. Right to construct, operate, and maintain lines — Damages for occupation of property.
(a)(1) Any person or corporation organized by virtue of the laws of this state or of any other state of the United States or by virtue of the laws of the United States, for the purpose of transmitting intelligence by magnetic telegraph or telephone, or other system of transmitting intelligence which is the equivalent of telephone or telegraph and which may be invented or discovered, may construct, operate, and maintain the telegraph, telephone, or other lines necessary for the speedy transmission of intelligence:
(A) Along and over the public highways and streets of the cities and towns of this state;
(B) Across and under the waters and over any lands or public works belonging to this state;
(C) On and over the lands of private individuals;
(D) Upon, along, and parallel to any of the railroads or turnpikes of this state; and
(E) On and over the bridges, trestles, or structures of the railroads.
(2) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed thereby, nor shall the navigation of the waters be impeded.
(b) Just damages shall be paid to the owners of the lands, railroads, and turnpikes by reason of the occupation of the lands, railroads, and turnpikes by the telegraph or telephone corporations.
(c) Nothing in this subchapter shall limit the authority of municipalities to impose franchise fees pursuant to § 14-200-101.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-101
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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Stable record: arkansas_code:legal_authorities:23-17-101
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: eed7d6a913049149341207211d88efbd6fe164dde70c0c0a96a4c9c5836bb02e
Source location: content.xml paragraph 11489
Stored source content
23-17-101. Right to construct, operate, and maintain lines — Damages for occupation of property.
(a)(1) Any person or corporation organized by virtue of the laws of this state or of any other state of the United States or by virtue of the laws of the United States, for the purpose of transmitting intelligence by magnetic telegraph or telephone, or other system of transmitting intelligence which is the equivalent of telephone or telegraph and which may be invented or discovered, may construct, operate, and maintain the telegraph, telephone, or other lines necessary for the speedy transmission of intelligence:
(A) Along and over the public highways and streets of the cities and towns of this state;
(B) Across and under the waters and over any lands or public works belonging to this state;
(C) On and over the lands of private individuals;
(D) Upon, along, and parallel to any of the railroads or turnpikes of this state; and
(E) On and over the bridges, trestles, or structures of the railroads.
(2) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed thereby, nor shall the navigation of the waters be impeded.
(b) Just damages shall be paid to the owners of the lands, railroads, and turnpikes by reason of the occupation of the lands, railroads, and turnpikes by the telegraph or telephone corporations.
(c) Nothing in this subchapter shall limit the authority of municipalities to impose franchise fees pursuant to § 14-200-101.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-200-101. Jurisdiction over utilities — Appeal — Definition.
(a) As used in this section, “public utility” means any electric, gas, sewer, water, or telephone company or utility, and any company or utility providing similar services, except a company excluded from the definition of “public utility” under § 23-1-101(9)(B)(ii), a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq., and a water or light commission under § 14-201-101 et seq.
(b)(1) Acting by ordinance or resolution of its council, board of directors, or commission, every city and town shall have jurisdiction to:
(A)(i) Except as provided in § 23-4-201, determine the terms and conditions upon which the public utility may be permitted to occupy the streets, highways, or other public places within the municipality, including without limitation:
(a) The rates, quality, and character of each kind of product or service to be furnished or rendered by a public utility; and
(b) A reasonable franchise fee.
(ii) The ordinance or resolution shall be deemed prima facie reasonable.
(iii) A franchise fee for a public utility, including a telephone company providing services other than basic local exchange service, shall not exceed the higher of the amount in effect on January 1, 1997, or four and twenty-five-hundredths percent (4.25%) of revenue collected by the public utility from its customers in the city or town for rates and fees charged by the public utility, unless agreed to by the affected utility or approved by the voters of the municipality;
(B) Require a telephone company providing basic local exchange service to pay a reasonable franchise fee not to exceed the higher of the amount of the telephone company's franchise
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-200-101
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. The source passage cites 14-200-101. This identifies an authority to review, not proof of applicability.