§ 27-76-404. Actions affecting existing roads -- Grade separation

AR Code § 27-76-404 (2018) (N/A)
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(a) A regional mobility authority may construct a grade separation at an intersection of a transportation project with a railroad or highway and change the line of the railroad or grade of a highway to accommodate the design of the grade separation as provided under this section.

(b) A regional mobility authority shall obtain consent from the Arkansas Department of Transportation and the State Highway Commission before constructing a grade separation under this section that affects a segment of the state highway system.

(c) A regional mobility authority shall pay the cost of a grade separation and any damage incurred in changing a line of a railroad or the grade of a highway as part of the cost of the transportation project.

(d)

(1) On request of the county, a regional mobility authority that has changed the location of a segment of a county road as part of its development of a transportation project shall reconstruct that segment of the road at a location that the regional mobility authority determines restores the utility of the road.

(2) On request of the city, a regional mobility authority that has changed the location of a segment of a city road as part of its development of a transportation project shall reconstruct that segment of the road at a location that the regional mobility authority determines restores the utility of the road.

(3) Determinations under this subsection as to the relocation of a road shall be at the discretion of the regional mobility authority.

(4) Any reconstruction under this subsection and the associated costs of reconstruction are deemed to be in furtherance of a transportation project.