2012 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 17 - Telephone and Telegraph Companies
Subchapter 1 - -- General Provisions
§ 23-17-101 - Right to construct, operate, and maintain lines -- Damages for occupation of property.

(a) (1) Any person or corporation organized by virtue of the laws of this state or of any other state of the United States or by virtue of the laws of the United States, for the purpose of transmitting intelligence by magnetic telegraph or telephone, or other system of transmitting intelligence which is the equivalent of telephone or telegraph and which may be invented or discovered, may construct, operate, and maintain the telegraph, telephone, or other lines necessary for the speedy transmission of intelligence:

(A) Along and over the public highways and streets of the cities and towns of this state;

(B) Across and under the waters and over any lands or public works belonging to this state;

(C) On and over the lands of private individuals;

(D) Upon, along, and parallel to any of the railroads or turnpikes of this state; and

(E) On and over the bridges, trestles, or structures of the railroads.

(2) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed thereby, nor shall the navigation of the waters be impeded.

(b) Just damages shall be paid to the owners of the lands, railroads, and turnpikes by reason of the occupation of the lands, railroads, and turnpikes by the telegraph or telephone corporations.

(c) Nothing in this subchapter shall limit the authority of municipalities to impose franchise fees pursuant to § 14-200-101.