27-67-201. Designation generally.
27-67-202. Truck route designations.
27-67-203. Scenic highway designations.
27-67-204. Designation of roads in and connected to state parks.
27-67-205. Designation of roads to municipal airports.
27-67-206. New construction generally.
27-67-207. Maintenance generally.
27-67-208. Purchase of materials - Bids.
27-67-209. Priority of native resources used in construction and maintenance.
27-67-210. Sales and severance tax exemption - Sand and gravel.
27-67-211. Highway closure during construction.
27-67-212. Changing or widening roads - Role of county court.
27-67-213. White stripes on road edges.
27-67-214. Construction and maintenance of railroad crossings.
27-67-215. Maintenance of detour roads.
27-67-216. Repair of county roads damaged in construction or maintenance of state highway.
27-67-217. Direction signs to institutions of higher education.
27-67-218. Digging up highways without authorization.
27-67-219. John Paul Hammerschmidt Highway.
27-67-220. The Highway of Hope.
27-67-222. State police officer highway dedication program.
Cross References. Contracts for construction on state-aid roads, § 27-72-310.
Growing pines on state highway rights-of-way, § 22-5-101.
Procedure for purchase of materials, supplies, and equipment, § 27-65-111.
Traffic control devices, § 27-52-101 et seq.
Preambles. Acts 1927, No. 103 contained a preamble which read:
“Whereas, the State of Arkansas is embarking upon a new era of permanent road construction, which will require large quantities of road materials such as sand, gravel, crushed stone, cement, etc. and
“Whereas, these and other materials used in the construction of roads are found or can be manufactured in abundant quantities in the State of Arkansas, and the use of such materials found or manufactured in this State would be of great benefit in the development of the State, in the employment of home people, and in providing an adequate and dependable supply of material for road construction;
“Now, therefore .”
Acts 1939, No. 359 contained a preamble which read:
“Whereas, the State Highway Department does do necessary maintenance work on detours, where such detours would become impassable without such maintenance; and
“Whereas, there are roads surfaced with gravel, crushed rock, and other material, which are not on the state highway system and receive no maintenance by the Highway Department, when traffic from a state highway is diverted over said road due to an emergency; and
“Whereas, it is only fair for the state to replace any wear to the surface of such a road to the extent of the wear by such diverted traffic, when a surfaced road is frequently used in order to route traffic around a flooded section of a state highway that is deeply submerged by the temporary overflow of some creek or stream, making travel impossible on a state highway;
“Now, therefore .”
Effective Dates. Acts 1927, No. 103, § 2: approved Mar. 4, 1927. Emergency clause provided: “It is ascertained and hereby declared that the purpose of this act is to provide for the encouragement of the production in Arkansas of road materials to be used in the construction and repairing of the highways of the State under the provisions of Act No. 11, of 1927, and that said act is now effective, and that the production of these materials for the construction and maintenance of the roads of the State contemplated by said Act is necessary and essential for the public safety and welfare; that an emergency is therefore declared and this Act shall take effect and be in force from and after its passage.”
Acts 1929, No. 65, § 75: approved Feb. 28, 1929. Emergency clause provided: “It is ascertained and hereby declared that the defective condition of the public roads is a standing menace to the traveling public; that the repairs of the present public roads, and the construction of the roads contemplated by this act, are necessary for the safety of the traveling public, so that the immediate operation of the act is essential for the protection of the public safety, and an emergency is therefore declared; and this act shall take effect and be in force from and after its passage.”
Acts 1937, No. 109, § 4: Feb. 17, 1937. Emergency clause provided: “That because of the present condition of roads connecting State highways with State parks, tourists and residents of the State of Arkansas are not visiting State parks in the numbers and as frequently as they would if said roads were properly maintained. Use of said roads would materially increase the revenue to the State highway fund, and said fund is in need of additional revenues to avoid default on obligations for which said fund is liable. This condition constitutes an emergency, and the same being necessary for the immediate preservation of the public peace, health, and safety, this act shall become effective and be in full force from and after its passage and approval.”
Acts 1941, No. 6, § 2: Jan. 30, 1941. Emergency clause provided: “It is hereby ascertained and declared to be a fact that those portions of the State Highways extending into and through cities of 2,500 inhabitants and over population are not at present included in the State Highway System; that said portions are in many instances in poor repair and constitute a menace to traffic; that the municipalities are financially unable to provide the material, labor and equipment for repairing and maintaining the same, and that as a result of the poor condition of said portions, accidents resulting in damage to persons and property have resulted. Therefore, an emergency is declared to exist, and this act being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage and approval.”
Acts 1947, No. 222, § 1 (in part): Mar. 18, 1947. Emergency clause provided: “Due to the fact that it will be possible to construct such flashing light signals or other types of railroad highway grade crossing protective devices more economically, and it being necessary for the public peace, health and safety, an emergency is hereby declared to exist and this act shall take effect and be in full force immediately upon its passage and approval.”
Acts 1953, No. 323, § 2: Mar. 27, 1953. Emergency clause provided: “Traffic conditions in cities and towns and on state highways have developed that endanger the public peace, health and safety and this act being necessary for the alleviation of such conditions, an emergency is hereby declared to exist and this act shall become effective upon its approval.”
Acts 1953, No. 345, § 3: Mar. 28, 1953. Emergency clause provided: “It is hereby determined by the General Assembly that confusion exists as to whether the State Highway Department as the producer under section 84-2101(f) of Arkansas Statutes (1947) is liable for the tax on sand and gravel severed by the State Highway Department under an agreement with the land owner to pay a certain royalty per yard or per ton of sand and gravel so severed and used on the public highways, and that the passage of this act is necessary to remove such confusion. Therefore an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1957, No. 387, § 3: Mar. 27, 1957. Emergency clause provided: “It has been found and is declared by the General Assembly of the State of Arkansas that the roads and highways within the geological boundaries of State parks and the roads and highways connecting the parks to established State highways are in very poor condition and in need of immediate repairs; that tourists and residents are not visiting State parks in the numbers and as frequently as they would if the roads were properly maintained; and that the enactment of this bill will alleviate the situation. Therefore, an emergency is declared to exist and this Act, being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”
Acts 1961, No. 83, § 3: Feb. 13, 1961. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that much confusion exists in the interpretation of Act 109 of 1937 as amended by Act 387 of 1957, and that the roads and highways leading to and within the boundaries of newly created state parks are in very poor condition and in need of immediate repairs; that the tourists and residents are not visiting these state parks in the numbers and as frequently as they would if the roads were properly maintained; and that the enactment of this bill will alleviate this situation. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after the date of its passage and approval.”
Acts 1963, No. 127, § 3: Feb. 28, 1963. Emergency clause provided: “It is hereby found and determined by the General Assembly that in connection with many state highway construction projects county roads are often utilized in connection with such construction work and that occasionally serious damage to such county road results in connection with such projects; that the State Highway Department owes an obligation to the county to restore any such damaged county road to its former condition of repair; that the State Highway Department does not presently have authority to make such repairs; and, the immediate passage of this act is necessary in order to authorize such repairs and to prevent undue cost to counties in connection therewith. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1965, No. 387, § 5: Mar. 19, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that the provisions of law relative to notice to landowners in instances where condemnations of private property for highway purposes is affected in the County Court are unclear, and that such want of clarity has resulted in confusion of land titles and unnecessary litigation arising from such condemnations, and that the immediate passage of this Act is necessary in order to correct said situation. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1969, No. 99, § 4: Feb. 24, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that a white stripe of not less than four (4) inches in width along the edges of a State highway reduces the number of traffic accidents; that any method which insures safer driving conditions and reduces the possibility of accidents should be utilized to reduce the death rates on the highways of this State; and that in order to accomplish these purposes, it is necessary that this Act become effective immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall become effective from and after its passage and approval.”
Acts 1979, No. 584, § 3: Mar. 27, 1979. Emergency clause provided: “It is hereby found by the General Assembly that the immediate passage of this Act is necessary because the location of the institutions of higher education is of importance to not only the people of the State of Arkansas but also to other travelers of the highways in Arkansas; that many important local, regional and state events and activities are occurring at these institutions which the people have a vital interest in and in which their attendance is necessary, and that the immediate passage of this Act is necessary to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1983, No. 181, § 3: Feb. 15, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the segment of State Highway 309 from Havana, Arkansas to Paris, Arkansas, across Mt. Magazine is one of the most scenic highways in the State of Arkansas; that the designation of scenic highways in the beautiful mountainous areas of the State not only serves as an invitation to tourists to visit those areas but instills a sense of pride in local citizens in the area and gives them incentive to maintain the highway rights-of-way and those areas visible from the highways in an attractive state; that the 1983 tourist season will begin in the near future and it is urgent that this Act be given effect immediately in order that appropriate signs may be placed along this portion of the highway and in order that such segment of Highway 309 can be designated a scenic highway on official State highway maps as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1985, No. 803, § 3: Apr. 3, 1985. Emergency clause provided: “It is hereby found by the General Assembly that the immediate passage of this Act is necessary because the location of the institutions of higher education and postsecondary vocational and technical schools is of importance to not only the people of the State of Arkansas but also to other travelers of the highways in Arkansas; that many important local, regional and State events and activities are occurring at these institutions which the people have a vital interest in and in which their attendance is necessary, and that the immediate passage of this Act is necessary to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1989 (3rd Ex. Sess.), No. 21, § 4: Nov. 6, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that that Highway 12 East of Rogers has appeared on former official state highway maps prepared and distributed by the State Highway and Transportation Department as a scenic highway; that the department has placed appropriate highway identifying signs on Highway 12 East of Rogers designating it a scenic highway; that the newest official state highway map fails to designate Highway 12 East of Rogers as scenic; that such an oversight has resulted in loss of tourism in the area; that it is in the best interests of the citizens of this State that this error be corrected as soon as possible. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”