WHEREAS, on May 7, 1986, Administrative Order No. 86-2 was issued by the Director of the Arkansas State Highway and Transportation Department prohibiting the erection of billboards or signboards on lands to which the Arkansas State Highway Commission held title and which lands were declared surplus property and sold; and
WHEREAS, from and after the issuance of said Administrative Order No. 86-2, each and every deed issued by the Commission contained a covenant, running with the land, providing that no billboards or signboards would be erected or displayed on such surplus property; and
WHEREAS, Article 1 of Act 640 of the Acts of the General Assembly for 1967 directed the Arkansas State Highway Commission to promulgate rules and regulations governing the erection of outdoor advertising signs, displays and devices along the National System of Interstate and Defense and Federal Aid Primary Highways within the Arkansas State Highway Systems; and
WHEREAS, the Arkansas State Highway Commission and the United States Secretary of Transportation entered into an agreement pursuant to Act 640 of 1967, whereby the criteria for the erection of outdoor advertising signs, displays and devices along the National System of Interstate and Defense and Federal Aid Primary Highways within the Arkansas State Highway System was established; and
WHEREAS, such criteria, and the regulations issued pursuant thereto, are codified as Ark. Code Ann. 27-74-101, et. seq., and such criteria and regulations have been determined to be adequate by the Commission to regulate the placement of outdoor advertising signs, displays as devices along any National System of Interstate and Defense and Federal Aid Primary Highways within the Arkansas Highway System;
NOW THEREFORE, BE IT RESOLVED, that Administrative Order No. 86-2, dated May 7, 1986, be and it is hereby rescinded and declared to be no longer in force or effect; that all future deeds issued by the Arkansas State Highway Commission for the disposal of surplus property shall eliminate the covenant there from prohibiting the placement of billboards or signboards thereon;
PROVIDE, HOWEVER, nothing in this Minute Order shall be construed or interpreted to rescind, eliminate, modify or alter the regulations issued by the Commission pursuant to Article 1 of Act 640.