§ 27-76-404 — Actions affecting existing roads - Grade separation

(a) A regional mobility authority may construct a grade separation at an intersection of a transportation project with a railroad or highway and change the line of the railroad or grade of a highway to accommodate the design of the grade separation as provided under this section. (b) A regional mobility authority shall obtain consent from the Arkansas Department of Transportation and the State Highway Commission before constructing a grade separation under this section that affects a segment of the state highway system. (c) A regional mobility authority shall pay the cost of a grade separation and any damage incurred in changing a line of a railroad or the grade of a highway as part of the cost of the transportation project. (d) (1) On request of the county, a regional mobility authority that has changed the location of a segment of a county road as part of its development of a transportation project shall reconstruct that segment of the road at a location that the regional mobility authority determines restores the utility of the road. (2) On request of the city, a regional mobility authority that has changed the location of a segment of a city road as part of its development of a transportation project shall reconstruct that segment of the road at a location that the regional mobility authority determines restores the utility of the road. (3) Determinations under this subsection as to the relocation of a road shall be at the discretion of the regional mobility authority. (4) Any reconstruction under this subsection and the associated costs of reconstruction are deemed to be in furtherance of a transportation project.

Legislative History

Amended by Act 2017, No. 707,§ 426, eff. 8/1/2017. Acts 2007, No. 389, § 1.