Ark. Code Ann. § 27-68-102 (2020)
Definition
As used in this chapter, unless the context otherwise requires, “controlled-access facility” means a highway or street especially designed for through traffic over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a controlled right of easement of access, light, air, or view, by reason of the fact that their property abuts upon the controlled-access facility or for any other reason. These highways or streets may be freeways open to use by all customary forms of street and highway traffic or they may be parkways from which trucks, buses, and other commercial vehicles shall be excluded.
History. Acts 1953, No. 383, § 2; A.S.A. 1947, § 76-2202.
Case Notes
In General.
This section refers to, and includes, a partially controlled-access facility. Williams v. Arkansas State Hwy. Comm'n, 21 Ark. App. 98, 730 S.W.2d 245, 1987 Ark. App. LEXIS 2404 (1987).
Rights-of-Way.
There is no conflict between this section and § 27-67-304, and the rights to use highway rights-of-way reserved in that section apply to controlled-access highways as defined in this section. Arkansas State Hwy. Comm'n v. Arkansas Real Estate Co., 243 Ark. 738, 421 S.W.2d 882 (1967).
Subdivisions.
Sections 14-56-413 and 14-56-415 — 14-56-421 deal exclusively and comprehensively with subdivisions across the state, while § 27-68-101 et seq. addresses itself to controlled-access facilities as defined in this section; a subdivision is not a controlled-access facility, even though it may abut one, and it does not appear inconsistent, considering the separate purposes of these statutory provisions, that a developer should receive compensation for giving up a right-of-way along a controlled-access facility while having to relinquish title and control of the streets within a subdivision without being compensated. Calabria v. City of Fayetteville, 277 Ark. 489, 644 S.W.2d 249 (1982).
Cited: Arkansas State Hwy. Comm'n v. Marshall, 253 Ark. 212, 485 S.W.2d 740 (1972).