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27-64-103. Mowing, installing, and maintaining sprinkler system on rights-of-way by adjoining landowner.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-64-103. Mowing, installing, and maintaining sprinkler system on rights-of-way by adjoining landowner.
(a)(1) The owners of properties which abut the right-of-way of interstate, federal-aid primary, state, or county roads or highways in this state may enter upon and mow grass, weeds, and other vegetation on the portion of the right-of-way adjoining the property unless the Arkansas Department of Transportation or the county has installed barriers designed to prohibit entry or unless the property owner has received notice from the department or the county restricting or prohibiting mowing grass, weeds, and other vegetation.
(2) The owner of a property which abuts a right-of-way of a state highway may, upon receipt of a permit from the department, install, use, and maintain a sprinkler system on the portion of the right-of-way adjoining the property unless the department has installed a barrier designed to prohibit entry.
(b) If an owner elects to mow grass, weeds, or other vegetation or installs, uses, or maintains a sprinkler system on the right-of-way adjoining his or her property, the owner shall do so at the owner's own risk and shall have no right or claim for damages against the department or any political subdivision of this state for loss of life, injury, or damage to his or her property while engaged in the mowing activity, or the installation, use, or maintenance of the sprinkler system.
(c) Subject to the limitations of subsections (a) and (b) of this section, the owner shall:
(1) Mow the grass, weeds, or other vegetation and install, use, and maintain the sprinkler system in a manner that does not obstruct or pose danger to motorists in their lawful use of the public road or highway; and
(2) Be liable for any loss, injury, or damage to the life,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-64-103
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:27-64-103
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 71bf5f1171f87e17a69cc317913f94282567c053ffe5acaae97a5b52d0c283eb
Source location: content.xml paragraph 20628
Stored source content
27-64-103. Mowing, installing, and maintaining sprinkler system on rights-of-way by adjoining landowner.
(a)(1) The owners of properties which abut the right-of-way of interstate, federal-aid primary, state, or county roads or highways in this state may enter upon and mow grass, weeds, and other vegetation on the portion of the right-of-way adjoining the property unless the Arkansas Department of Transportation or the county has installed barriers designed to prohibit entry or unless the property owner has received notice from the department or the county restricting or prohibiting mowing grass, weeds, and other vegetation.
(2) The owner of a property which abuts a right-of-way of a state highway may, upon receipt of a permit from the department, install, use, and maintain a sprinkler system on the portion of the right-of-way adjoining the property unless the department has installed a barrier designed to prohibit entry.
(b) If an owner elects to mow grass, weeds, or other vegetation or installs, uses, or maintains a sprinkler system on the right-of-way adjoining his or her property, the owner shall do so at the owner's own risk and shall have no right or claim for damages against the department or any political subdivision of this state for loss of life, injury, or damage to his or her property while engaged in the mowing activity, or the installation, use, or maintenance of the sprinkler system.
(c) Subject to the limitations of subsections (a) and (b) of this section, the owner shall:
(1) Mow the grass, weeds, or other vegetation and install, use, and maintain the sprinkler system in a manner that does not obstruct or pose danger to motorists in their lawful use of the public road or highway; and
(2) Be liable for any loss, injury, or damage to the life, person, or property of others that is caused by any negligence in connection with mowing grass, weeds, or other vegetation or installing, using, or maintaining the sprinkler system on the highway right-of-way.
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