Ark. Code Ann. » Title 18 Chapter 15
Arkansas Code Annotated

Ark. Code Ann. § 18-15-1201 (2026)

Definition

✓ current as of May 2026
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The words “right-of-way”, as used in this subchapter, shall mean all grounds necessary for side tracks, turnouts, depots, workshops, water stations, and other necessary buildings.

History. Acts 1873, No. 123, § 8, p. 290; C. & M. Dig., § 4003; Pope's Dig., § 5005; A.S.A. 1947, § 35-207.

Case Notes

Intermodal Facility.

Condemnor railroad company's proposed use of land as an intermodal facility for the receipt and distribution of freight would be proper because as such the intermodal facility would constitute a “depot” within the statutory definition of “right of way.” Missouri Pac. R.R. v. 55 Acres of Land, 947 F. Supp. 1301 (E.D. Ark. 1996).

Stockyards.

A stockyard is in fact a depot for the reception of a particular class of freight and is a part of the right-of-way. St. Louis, Iron Mountain & S. Ry. v. Miller County, 67 Ark. 498, 55 S.W. 926 (1900).

Cited: St. Louis & S.F. Ry. v. Tapp, 64 Ark. 357, 42 S.W. 667 (1897); Cloth v. Chicago, Rock Island & Pac. Ry., 97 Ark. 86, 132 S.W. 1005 (1910).

Notes of Decisions
Cited in 5 cases, 1988–2014 · leading case: GSS, LLC v. Centerpoint Energy Gas Transmission Co., 2014 Ark. 144 (Ark. 2014).
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GSS, LLC v. Centerpoint Energy Gas Transmission Co., 2014 Ark. 144 (Ark. 2014). · cites it 4× “2003), and Ark. Code Ann. §§ 18-15-1201 9 Cite as 2014 Ark.”
Missouri Pac. R.R. v. 55 Acres of Land Located in Crittenden, 947 F. Supp. 1301 (E.D. Ark. 1996). · cites it 8× “Failure to Condemn for a “Right of Way” as Defined in Arkansas Code Annotated Section 18-15-1201 Defendants next argue that MoPac’s proposed use- of the land, i.”
Prop. Owners Improvement Dist. No. 247 of Pulaski Cnty. v. Williford, 843 S.W.2d 862 (Ark. Ct. App. 1992). · cites it 2× “The right of eminent domain granted to railroad, telegraph, and telephone companies is controlled by Ark. Code Ann. §§ 18-15-1201 — 18-15-1207 (1987).”
City of Bryant v. Springhill Water & Sewer Servs., Inc., 749 S.W.2d 295 (Ark. 1988). · cites it 2× “§ 14-360-102 (b) (1987), the city was to use the procedure applicable to condemnations by railroad companies, now codified at Ark. Code Ann. §§ 18-15-1201 through 18-15-1207 (1987).”
Delta Reg'l Airport Auth. v. Gunn, 386 S.W.3d 693 (Ark. Ct. App. 2011). · cites it 2× “The procedure for eminent domain by railroads, telegraph, and telephone companies is set forth in Ark. Code Ann. §§ 18-15-1201 to -1207 (Repl.”
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