§ 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.

Legislative History

Amended by Act 2017, No. 707,§ 39, eff. 8/1/2017. Acts 1957, No. 269, § 8; A.S.A. 1947, § 35-914.