§ 23-12-1007. Investigations — Rules
(a) (1) The State Highway Commission shall make such investigations as it deems necessary, or as requested by state, municipal, or county officials, to properly exercise the exclusive jurisdiction hereby conferred and pursuant to required notice and hearing shall promulgate all necessary orders or rules concerning train operation, train movement, permissible standing time for trains, […]
§ 23-12-1008. Unlawful delay — Action on complaint
(a) (1) (A) Prior to any request by a state, municipal, or county official for sanctions against a railroad company for violation of this section and §§ 23-12-1006 and 23-12-1007, the state, municipal, or county official shall state the claim or complaint in writing, by certified mail, to the registered agent of the railroad company […]
§ 23-12-909. Killing or injuring livestock — Actions
Any person owning in his or her own right or having a special ownership in any horses, mules, cattle, or other stock killed or wounded by any railroad trains running in this state may sue the company running the trains for the damages sustained by the killing or wounding in any court having jurisdiction of […]
§ 23-12-910. Killing or injuring livestock — Prima facie evidence — Burden of proof
The killing of stock on any railroad track shall be prima facie evidence that it was done by the trains, and the onus to prove the reverse will be on the railroad company.
§ 23-12-912. Killing or injuring livestock — Arbitration
(a) (1) When any livestock are killed or wounded by any railroad train, the company or the party damaged may propose to the other to arbitrate the amount of damages. (2) On agreement to arbitrate the amount of damage, each party shall choose one (1) referee from the vicinity where the damages occurred. In case […]
§ 23-12-913. Liability for fires
(a) All corporations, companies, or persons engaged in operating any railroad wholly or partly in this state shall be liable for the destruction of, or injury to, any real or personal property, which may be caused by fire resulting from the negligence of the corporations, companies, or persons or resulting from the negligent operation of […]
§ 23-12-1001. Title
This subchapter may be referred to as the “Railroad Safety and Regulatory Act of 1993”.
§ 23-12-1002. Jurisdiction
The State Highway Commission administers the railroad crossing safety program in Arkansas and has heretofore been designated by the General Assembly as the sole public body to deal with and has been given exclusive jurisdiction concerning the location, construction, improvement, and protection of railroad crossings in Arkansas. It is in the public’s interest and safety […]
§ 23-12-1003. Maintenance of crossings of public roads and railroads — Failure to comply — Penalties
The State Highway Commission is hereby designated as the sole public body to deal with and is hereby given exclusive jurisdiction over all matters pertaining to the maintenance of any location where any railroad crosses any public road, highway, or street in this state or where any public road, highway, or street crosses any railroad.
§ 23-12-1004. Powers and duties
(a) The State Highway Commission shall make such investigation and studies as it deems necessary to properly exercise the jurisdiction hereby conferred and shall involve Arkansas counties, municipalities, and railroads operating within this state and unions representing railroad employees. (b) Pursuant to rules providing for an opportunity of notice and hearing, the commission shall promulgate […]