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Ark. Code Ann. § 27-67-214

Construction and maintenance of railroad crossings

Applied in 3 court decisions — leading case 908 F. Supp. 662 - Cartwright v. Burlington Northern Railroad (1995)

Most recently applied in Jerry Donaldson v. Kansas City Southern Railway (April 2018)

Acts 1929, No. 65, § 59; Pope's Dig., § 6909; A.S.A. 1947, § 76-517.

(1) It shall be the duty of the members of the State Highway Commission and of the state highway engineers, on all trips in the state, to particularly observe crossings of railroads on state highways.

(2) It shall be the duty of all railroad companies and the owners of tramroads whose lines intersect or cross any of the highways of the state to improve that part of the roadway between their tracks and to the end of the cross ties on each side with the same material, whatever practicable, with the same foundation and surface as that in the adjoining portions of the roadway and to maintain such crossings in a good state of repair.

(3) The commission shall have power and authority to require any and all railway companies to build and construct roads under their tracks at such crossings as, in the judgment of the commission, will be for the best and safest interest of the traveling public.

(4) The commission may join with any railroad company in construction or paying not exceeding fifty percent (50%) of the cost of constructing any overhead or undergrade railroad crossing on a state highway or on an extension or continuation of any state highway through a town or city.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.