Ark. Code Ann. » Title 27 Chapter 74
Arkansas Code Annotated

Ark. Code Ann. § 27-74-210 (2020)

Land predominantly used for residential purposes

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. It is the legislative intent and purpose of this section to specifically define a certain term used in the agreement entered into between the State Highway Commission and the United States Secretary of Transportation pursuant to the authority granted in this chapter, as amended, particularly the term “land predominantly used for residential purposes” as that term is used in enumerating exclusions in the definition of “unzoned commercial, business, or industrial areas,” in order to clarify the terms of agreement and to enable the commission to more effectively and efficiently and uniformly administer the provisions of this chapter, as implemented by the agreement entered into between the commission and the United States Secretary of Transportation.
  2. As used in the agreement entered into between the commission and the United States Secretary of Transportation pursuant to the provisions of this chapter, “land predominantly used for residential purposes” means only those tracts of land within an unzoned commercial, business, or industrial area on a primary or interstate highway which are occupied by a building regularly and principally used as a residence and those tracts of land adjacent to those residential tracts which are under the same ownership as the residential tracts and which are actively used and maintained for residential purposes.

History. Acts 1979, No. 735, §§ 1, 2; A.S.A. 1947, §§ 76-2505.3, 76-2505.4.

Case Notes

In General.

Residential subdivision that contained a commercially owned lot was predominantly residential as contemplated in this section; the area also had two residences and yards from two other residences. Lamar Outdoor Adver. v. Ark. Highway & Transp. Dep't, 86 Ark. App. 279, 184 S.W.3d 461 (2004).

Arkansas Highway and Transportation Department's decision to deny the sign company's application for a billboard sign permit was proper as the proposed site was not located in a zoned or unzoned commercial or industrial area as required by subsection (a) of this section and the Regulations for Control of Outdoor Advertising on Arkansas Highways. Seiz Co. v. Ark. State Highway Transp. Dep't, 2009 Ark. 361, 324 S.W.3d 336 (2009), rehearing denied, — Ark. —, — S.W.3d —, 2009 Ark. LEXIS 581 (Sept. 10, 2009).

Notes of Decisions
Cited in 2 cases, 2004–2009 · leading case: Seiz Co. v. Arkansas State High. & Transp. Dep't, 2009 Ark. 361, 324 S.W.3d 336.
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Seiz Co. v. Arkansas State High. & Transp. Dep't, 2009 Ark. 361, 324 S.W.3d 336. · cites it 44× “On appeal, appellant asserts that the AHTD has incorrectly interpreted Ark.Code Ann. § 27-74-210 (Repl.1994) and that there was no substantial evidence supporting the denial of the application.”
Lamar Outdoor Advert. v. Arkansas High. & Transp. Dep't, 184 S.W.3d 461 (Ark. Ct. App. 2004). · cites it 12× “sed in the agreement entered into between the commission and the Secretary of Transportation pursuant to the provisions of this chapter, "land predominantly used for residential purposes" means only those tracts of land within an unzoned commercial, business, or industrial area…”
Ark. Code Ann. § 27-74-210(b): 1 case
Seiz Co. v. Arkansas State High. & Transp. Dep't, 2009 Ark. 361, 324 S.W.3d 336. “On appeal, appellant asserts that the AHTD has incorrectly interpreted Ark.Code Ann. § 27-74-210 (Repl.1994) and that there was no substantial evidence supporting the denial of the application.”
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