Arkansas Right of Way is a legal concept that governs the rights and responsibilities of individuals and entities to access and use the land owned or controlled by others. It establishes rules and guidelines to ensure the safe and efficient flow of traffic, protect property interests, and promote public safety within the state of Arkansas. The Arkansas Right of Way can be categorized into several types, each serving a specific purpose and addressing different scenarios. These different types include: 1. Highway Right of Way: This type refers to the land designated for public use as a roadway or highway. It is governed by state and local laws, and it allows the public to travel freely through these designated routes. The acquisition and maintenance of highway right of way are crucial for the development and expansion of the state's transportation infrastructure. 2. Utility Right of Way: Utility companies often require designated areas to install, operate, and maintain facilities necessary for the provision of essential services like electricity, water, gas, and telecommunications. Utility right of way enables these entities to access private property legally and fulfill their obligations to serve the public. 3. Easements: An easement is a legal right that allows someone to use a portion of another person's property for a specific purpose without transferring ownership. In Arkansas, easements can be granted for various purposes, such as providing access to landlocked properties, allowing utility lines (such as power lines or pipelines) to pass through private property, or enabling individuals to reach recreational areas like lakes or trails. 4. Pedestrian Right of Way: Pedestrians have the right of way in designated areas, such as crosswalks or pedestrian-only zones, where motorists must yield to allow safe passage. These guidelines aim to prioritize pedestrian safety and encourage efficient movement in populated areas. 5. Railway Right of Way: Arkansas, like many other states, has an extensive railway network. A railway right of way refers to the land along which tracks and related infrastructure are established, allowing trains operating safely and efficiently. It sets boundaries and restrictions on access to ensure the uninterrupted flow of train traffic. It is important to note that the specifics of Arkansas Right of Way can vary based on local ordinances, state laws, and individual circumstances. Always consult with legal professionals or local authorities to fully understand the rights and responsibilities associated with a particular right of way.
Is Right Of Way Public Property
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(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.
The driver shall also yield to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard. A driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding.
(2) If a driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his or her failure to yield right-of-way.
The prerequisites to the creation of an easement by necessity are: 1) the titles to the two tracts in question must have been held by one person; 2) the unity of title must have been severed by a conveyance of one of the tracts; 3) the easement must be necessary in order for the owner of the dominant tenement to use ...
After the easement is granted, the property owner continues to maintain the easement just like the rest of the yard. What can/cannot be in an easement? Ground covers or grasses may be planted within an easement.
A prescriptive easement is a property right that is held by someone other than the property owner ? in our example, schoolchildren ? to use a property in a very specific way: to get to and from school.
Arkansas law provides a way for owners of landlocked parcels to petition for an easement through another party's property to access their landlocked property.
As a legal document, an easement in Arkansas should be filed and recorded in the land records with the county recorder in the county where the property is located.
