§ 27-67-218 - Digging up highways without authorization. - Arkansas Statutes

27-67-218. Digging up highways without authorization.

(a) It shall be unlawful for any person to dig up any portion of the state highways or to otherwise disturb them for the purpose of laying pipelines, sewers, poles, wires, ditches, railways, or for any other purpose, except as authorized by an order of the Arkansas State Highway Commission.

(b) (1) All work shall be done in accordance with the rules and regulations that may be prescribed by the commission.

(2) The work shall be done under the supervision of and to the satisfaction of the state highway engineer.

(3) All cost of replacing the highway in as good a condition as it was before being disturbed shall be paid by the person, firm, or corporation to whom or in whose behalf authority is given.

(c) (1) Before the work is done, a check certified by a solvent bank and payable to the commission in an amount to be fixed by the state highway engineer shall be deposited with the commission, to be used by the commission in restoring the road to its former condition if the person who disturbs the road fails to do so.

(2) The check is to be returned if the road is restored to its former condition by the person doing the work.

(3) Otherwise, the commission shall so restore the highway.

(4) Any balance remaining after the work is paid for by the commission shall be remitted to the person depositing the check.