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§ 23-12-201. Maintenance of right-of-way free from obstructions — Penalty

(a) (1) All railroad corporations operating in this state shall maintain their right-of-way at or around any railroad crossing of a public road or highway free from grass, trees, bushes, shrubs, or other growing vegetation which may obstruct the view of pedestrians and vehicle operators using the public highways. (2) The maintenance of the right-of-way […]

§ 23-12-203. Clearing right-of-way following derailment or wreck

(a) Any railroad operating in this state shall be required to clear its right-of-way of debris and wrecked equipment within ninety (90) days following any derailment or train wreck. (b) In the event any railroad fails to comply with this requirement the Arkansas Department of Transportation, upon petition of any ten (10) citizens, shall conduct […]

§ 23-12-204. Drainage of roadbed — Penalty for noncompliance

(a) Any railroad company or corporation conducting or operating a line or lines of road is required, and it is made the duty of any such company or corporation, to effectually drain their respective roadbeds in all cases where the lack of drainage has been produced by the construction of the road wherever they pass […]

§ 23-12-205. Sale of certain abandoned rights-of-way to municipalities

(a) The term “abandons” as used in this section shall not include the nonuse of rights-of-way of a railroad that is presently inactive as a result of the insolvency of the railroad company if there are on-going efforts by either the railroad company or any governmental unit or civic organization to rehabilitate the railroad for […]

§ 23-12-206. Rail line abandonment process

(a) After an operator of a railroad within the State of Arkansas has filed a notice of rail line abandonment consistent with the Interstate Commerce Commission Termination Act of 1995, Pub. L. No. 104-88, and notice of the proposed rail line abandonment has been received by the Arkansas Economic Development Council, the council shall notify […]

§ 23-12-207. Transfer of ownership or responsibility of railroad right-of-way

(a) Any municipality, county, regional mobility authority, or regional intermodal authority may choose to operate or lease for operation any railroad right-of-way obtained or preserved from the abandonment of a rail line under § 23-12-206. (b) Any municipality, county, regional mobility authority, or regional intermodal authority acquiring ownership of any railroad right-of-way obtained or preserved […]