2015 Arkansas Code
Title 14 - Local Government
Subtitle 18 - Roadways, Bridges, And Parking Generally
Chapter 298 - Establishment, Alteration, And Vacation Of County Roads
§ 14-298-120 - Opening, changing, and classifying roads by order of county court.

(a) (1) The county courts shall have power to:

(A) Open new roads;

(B) Make changes in old roads, as they deem necessary and proper; and

(C) Classify the roads and bridges in their respective counties for the purposes of this section and § 27-67-212.

(2) (A) When the change shall be made or any new road opened, the road shall be located on section lines as nearly as may be, taking into consideration the conveniences of the public travel, contour of the country, etc.

(B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50') wide, providing a minimum of twenty-five feet (25') of right-of-way on either side of the center line.

(3) An appropriate order of the county court shall be made and entered of record therefor.

(b) (1) Any five (5) or more interested landowners may petition the county court for the opening of any road as a public road.

(2) The petition shall give the starting point and terminus of the road, as well as intermediate points, and such other description or plat as will permit the location of the road by the county surveyor.

(c) (1) (A) The petition shall be accompanied by a bond signed by at least one (1) of the petitioners and by other good and sufficient sureties.

(B) The bond shall provide for reimbursing the county for any claims that may be sustained against the county for lands taken by opening of the road.

(2) The petitioners shall cause notice to be served upon the landowners as provided by the Arkansas Rules of Civil Procedure.

(d) (1) On filing the petition, the county court shall set a date for the hearing.

(2) If service is not obtained, then by one (1) insertion for two (2) weeks at least thirty (30) days before the hearing in some newspaper having a general circulation in the county, the county clerk shall publish a notice as to the filing of the petition, naming the day on which the county court will hear the parties and those for and those against the opening of the road.

(e) On the day named, the county court shall hear those for and against the opening of the petitioned road and shall grant or deny the prayer of the petitioners as may be deemed wise and expedient by the court and shall make and cause to be entered an appropriate court order either laying out or changing the road or denying the petition.

(f) Upon the entry of the foregoing order of the county court, the clerk of the court within ten (10) days shall cause a copy of the order to be served upon each of the owners of record of any lands affected by the order. The service shall be in the form and manner provided by law for service in civil actions.

(g) Upon return to be made by the sheriff showing service of the order upon any landowner, the clerk shall note in the records of the county court the record of the service, showing the date thereof and the person served, which shall be and become a part of the permanent records of the court.

(h) Upon the entry of the order by the county court, the records shall constitute valid constructive notice to all subsequent purchasers of the lands and all other persons acquiring or holding the lands by or through the landowners affected.

(i) If the owner of the land over which any road shall hereafter be so laid out by the court shall refuse to give a right-of-way therefor, then the owner shall have the right to present his or her verified claim to the county court for damages the owner may claim by reason of the road's being laid out on his or her land.

(j) If the owner is not satisfied with the amount allowed by the court, he or she shall have the right to appeal, as now provided by law from judgments of the county court.

(k) However, no claim shall be presented for such damages after twelve (12) months from the date of the service of the order as provided in this section. When the order is made and entered of record laying out or changing any road, the county court or judge thereof shall have the right to enter upon the lands of the owner and proceed with the construction of the road. All damages allowed under this section shall be paid out of any funds appropriated for roads and bridges, and if no funds are so appropriated, then damages shall be paid out of the general revenue fund of the county.

(l) This section and § 27-67-212 shall be cumulative to all existing laws and parts of laws, and shall not be construed as to repeal any existing laws or parts of laws, unless they are in conflict herewith, and then only to the extent of the conflict.