The following are authorized to enter into leases, contracts, or other agreements with the owners of private property with respect to the owners' use of air rights over and above state highways, county roads, or streets of cities or towns, so long as the leases, contracts, or agreements do not impair the public use thereof and are not in violation of any federal requirement with respect to any federal-aid funds involved in the construction or improvement of the highways, roads, or streets:
(1) The Arkansas Department of Transportation with respect to state highways;
(2) The county court of each county with respect to county roads of each respective county; and
(3) The governing bodies of cities and towns in this state with respect to city streets, alleys, and other public easements of cities and towns.