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2019 Arkansas Code
Title 27 - Transportation
Subtitle 5 - Highways, Roads, and Streets
Chapter 64 - General Provisions
Subchapter 1 - Miscellaneous Provisions
§ 27-64-103. Mowing, Installing, and Maintaining Sprinkler System on Rights-of-Way by Adjoining Landowner

Universal Citation:
AR Code § 27-64-103 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
  • (a)

    • (1) The owners of properties which abut the right-of-way of interstate, federal-aid primary, state, or county roads or highways in this state may enter upon and mow grass, weeds, and other vegetation on the portion of the right-of-way adjoining the property unless the Arkansas Department of Transportation or the county has installed barriers designed to prohibit entry or unless the property owner has received notice from the department or the county restricting or prohibiting mowing grass, weeds, and other vegetation.

    • (2) The owner of a property which abuts a right-of-way of a state highway may, upon receipt of a permit from the department, install, use, and maintain a sprinkler system on the portion of the right-of-way adjoining the property unless the department has installed a barrier designed to prohibit entry.

  • (b) If an owner elects to mow grass, weeds, or other vegetation or installs, uses, or maintains a sprinkler system on the right-of-way adjoining his or her property, the owner shall do so at the owner's own risk and shall have no right or claim for damages against the department or any political subdivision of this state for loss of life, injury, or damage to his or her property while engaged in the mowing activity, or the installation, use, or maintenance of the sprinkler system.

  • (c) Subject to the limitations of subsections (a) and (b) of this section, the owner shall:

    • (1) Mow the grass, weeds, or other vegetation and install, use, and maintain the sprinkler system in a manner that does not obstruct or pose danger to motorists in their lawful use of the public road or highway; and

    • (2) Be liable for any loss, injury, or damage to the life, person, or property of others that is caused by any negligence in connection with mowing grass, weeds, or other vegetation or installing, using, or maintaining the sprinkler system on the highway right-of-way.

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