Parks and Recreation Areas

Ark. Code Ann. tit. 22, ch. 4

in effect

Ark. Code Ann. § 22-4-101 Definitions.

As used in this subchapter: (1) “Land” means upland; land under water; the water of any lake, pond, or stream; any and all incorporeal hereditaments; and every estate, interest, and right, either legal or equitable, in land or water, including terms for years, liens thereon by way of judgment, mortgage, or otherwise, and all claims for damages to such property; and (2) “Park” means any area within the state which by reason of location, natural features, scenic beauty, or historical interest possesses distinctive physical, aesthetic, intellectual, creative, and social values.

Ark. Code Ann. § 22-4-102 Control of state parks and recreational areas.

All parks and recreational areas acquired by the state shall constitute the state parks system and shall be under the immediate control and management of the State Parks, Recreation, and Travel Commission.

Ark. Code Ann. § 22-4-103 State Parks, Recreation, and Travel Commission — Powers generally.

The State Parks, Recreation, and Travel Commission, in addition to the other powers granted in this chapter, shall have the sole authority: (1)(A) To acquire in the name of the state by purchase, lease, or agreement such land within the state as it may deem necessary or proper for the extension, development, or improvement of the state park system. (B) If the Department of Parks, Heritage, and Tourism is unable to agree with the owner of the land, or if by legal incapacity or absence of the owner, no agreement can be made for the purchase, the land may be acquired by condemnation proceedings instituted in the name of the state in the manner provided by law for the condemnation of property for public purposes. (C) No land shall be taken or contracted to be taken for an amount beyond the sum available therefor, and no tender shall be required for property taken by condemnation proceedings until the amount required to be paid is ascertained by the court sitting as a jury for the purpose of determining the value of the property condemned; (2) To take in its discretion in fee or otherwise, by gift or devise, land for state park and recreational purposes and to receive gifts, bequests, or contributions of money or other property to be used in extending, improving, or maintaining the state parks system; (3) To apply to the Commissioner of State Lands for the transfer of any state-owned land or land the title to which has reverted to the state by reason of tax delinquency and which is deemed by the department as suitable and desirable for park and recreational purposes. The Commissioner of State Lands is authorized and directed to make such transfers which shall operate as an appropriation of the land for park and recreational purposes forever and shall be a bar to any grants by the state of the land so transferred or of any interest in it for any purpose whatsoever; (4) To accept transfers and conveyances of rights and titles vested in the United States Government to land and buildings within this state for state park and recreational purposes or to lease them, under such conditions as the United States Government may impose; (5) To make expenditures from funds available for the care, supervision, improvement, development, and protection of the state parks system; (6) To remove or cause to be removed and to sell wood, timber, rocks, stone, or other products from the parks. All moneys received from the sale of those items shall be paid into the general fund of the State Treasury; (7) To cooperate with counties, municipalities, and other political subdivisions of the state, with other states, and with the federal government in matters relating to planning, establishing, developing, improving, or maintaining any park, parkway, or recreational area; (8) To appoint local and regional park and recreational councils to consider, study, and advise in the work of the commission for the extension, development, use, and maintenance of the parks for which appointed. The Chair of the State Parks, Recreation, and Travel Commission and the Secretary of the Department of Parks, Heritage, and Tourism shall be ex officio members of all councils so appointed; and (9) To confer on employees of the department the full authority of peace officers for all land under its jurisdiction and to confer on a certified law enforcement officer employed by the commission the authority to enforce the laws of the state, as permitted by law, anywhere within the state.

Ark. Code Ann. § 22-4-104 State Parks, Recreation, and Travel Commission — Rule-making power — Penalty.

(a) The State Parks, Recreation, and Travel Commission may establish and alter rules governing the use and protection of the state parks system and the property thereon and to preserve the peace therein. (b) A person who violates a rule established under subsection (a) of this section shall be guilty of an unclassified misdemeanor and upon conviction shall be punished by a fine of at least one hundred dollars ($100) and not more than five hundred dollars ($500) or imprisonment for not more than thirty (30) days, or both.

Ark. Code Ann. § 22-4-105 Department of Parks, Heritage, and Tourism — Leasing powers.

(a) The Department of Parks, Heritage, and Tourism, in addition to any other powers granted in this chapter, shall have the sole authority to lease state park lands to private companies and to authorize the lessees to construct, maintain, and operate overnight accommodation facilities, recreational facilities, and the other major facilities which the department may deem appropriate. (b) Any lease executed by the department shall include provisions satisfactory to the department regarding the quality of services and facilities to be furnished by the lessee and the charges to be made therefor, or provisions reserving to the department the right to monitor and inspect the activities and facilities of the lessee to assure that the quality of the services and facilities provided by the lessee and the prices charged therefor are appropriate. (c) Failure of any lessee to comply with the terms of a lease or the reasonable requirements of the department regarding the quality of services and facilities provided by the lessee or the charges to be made therefor shall be grounds for the department to terminate the lease. (d) Each lease shall be for a term not to exceed twenty-five (25) years, and the lessee may be permitted to renew the lease for an additional period not to exceed twenty-five (25) years. (e) No long-term lease shall be entered into by the department unless it is approved by the State Parks, Recreation, and Travel Commission and the Legislative Council.

Ark. Code Ann. § 22-4-106 Establishing and acquiring property for state parks — Procedure generally.

(a) The Department of Parks, Heritage, and Tourism and the State Parks, Recreation, and Travel Commission are directed to consult with and seek the advice of the Governor, the Secretary of the Department of Finance and Administration, and the Legislative Council before establishing and acquiring properties for new state parks or before making acquisitions of real property for additions to or expansions of existing state parks which have not been specifically authorized or funded by the General Assembly. (b) The advice of the Governor, the secretary, and the Legislative Council shall be sought in writing by the department or the commission at least sixty (60) days prior to the final approval by the commission of any formal action to establish a new state park or to make acquisitions of real property for additions to or expansions of existing state parks if the action has not previously received specific legislative authorization. (c) If the Governor notifies the department or the commission in writing of his or her disapproval of any project, then the project shall not be undertaken unless specifically authorized by law at a subsequent legislative session.

Ark. Code Ann. § 22-4-107 Reservation of parks for public use.

(a) All parks acquired by the state shall forever be reserved and maintained by the state for the use and enjoyment of the public. (b) It shall be the duty of the State Parks, Recreation, and Travel Commission to preserve the parks in their natural condition so far as may be consistent with their use and safety and to improve them in such manner as not to lessen their natural, scenic, historic, and wildlife values.

Ark. Code Ann. § 22-4-108 Sale or exchange of lands.

(a) The State Parks, Recreation, and Travel Commission is given authority to exchange any lands now belonging to the state for state park purposes for other lands that are suitable for such purposes and to sell any lands belonging to the state for state park purposes and invest the proceeds thereof in other lands suitable for such purposes, such sale or exchange to be had only with the approval of the Governor. (b) In case of a sale or exchange of such lands, the Chair of the State Parks, Recreation, and Travel Commission and the Secretary of the State Parks, Recreation, and Travel Commission are empowered to execute a deed fully conveying the interest of the state therein. The deed shall bear the endorsement of the approval of the Governor and shall not be required to be acknowledged. (c) This authority to sell and exchange shall extend only to lands which the commission finds are unsuited for state park purposes.

Ark. Code Ann. § 22-4-109 Acquisition of land for hiking trails.

(a) The Department of Parks, Heritage, and Tourism is authorized to acquire, by purchase, gift, or devise, interest in real property less than fee interest, including, but not limited to, easements for the purpose of establishing trails for public hiking and for related purposes over lands contiguous to lands controlled by the department. (b) The interest in real property less than fee interest shall be acquired solely by gift or devise from the owner of the interest or by negotiating and contracting with the owner for the interest. (c) Under no circumstances shall the interest be acquired by the department under the power of eminent domain.

Ark. Code Ann. § 22-4-110 Expenditures and contributions of counties, cities, or towns.

(a) Any county, city, or town may expend money from any funds available to aid in the purchase of land within the county which, when purchased, shall become the property of the state to be cared for and administered as a part of the state parks system, but only if the State Parks, Recreation, and Travel Commission has first agreed in writing to the acceptance of the land. (b) Any county, city, or town may annually contribute money to the commission from any funds available to be expended in the care, improvement, and maintenance of any park within the county.

Ark. Code Ann. § 22-4-112 Lower White River Museum State Park.

The Prairie County Museum State Park is renamed the Lower White River Museum State Park.

Ark. Code Ann. § 22-4-113 Use of certain vehicles by person with a disability document and valid driver's license — Definitions.

(a) As used in this section: (1) “All-terrain vehicle” has the same meaning as in § 27-21-102; (2) “Disability document” means: (A) An Arkansas license plate beginning with the letters “DV” or “DAV”; (B) A license plate or certificate from any state that displays: (i) The international symbol of access; (ii) The word “disabled”; or (iii) Both the international symbol of access and the word “disabled”; (C) An America the Beautiful Access Pass or America the Beautiful Golden Access Passport; or (D) A disability document from the Social Security Administration or the United States Department of Veterans Affairs establishing a determination of a mobility-based disability; and (3) “Recreation use area” means: (A) A campground; (B) A day-use or picnic area; and (C) Cabin and lodge areas. (b)(1)(A) A person who has a disability document and a valid driver's license may operate an all-terrain vehicle or a golf cart on roads only within developed recreation use areas located within a park and recreational area under the control and management of the State Parks, Recreation, and Travel Commission. (B) The authority to operate an all-terrain vehicle or a golf cart under subdivision (b)(1)(A) of this section includes Arkansas Department of Transportation drives designated as the State Highway (S.H.) 600 Series within the state parks and recreational areas. (2) A person shall not operate an all-terrain vehicle or golf cart from one recreation-use area to another. (c) An all-terrain vehicle or golf cart that is operated from one-half (½) hour after sunset and one-half (½) hour before sunrise or any other time when there is insufficient light to render clearly discernible persons at a distance of five hundred feet (500') shall have proper lights on the all-terrain vehicle or golf cart.

Ark. Code Ann. § 22-4-201 Classifications of state parks.

The State Parks, Recreation, and Travel Commission shall classify each state park into one (1) of the following classifications: (1) Official state parks shall be those parks which the commission determines to have sufficient facilities and recreational and tourist attractions to meet standards established by the commission for designation as a state park; (2) State historical monuments shall be those facilities presently classified as state parks which shall be reclassified as state historical monuments because of their historical value and attractiveness with respect to the history of Arkansas and of the Southwest but which do not have facilities meeting the standards of the commission to be classified as state parks; (3) State museums shall consist of those facilities presently classified as state parks which shall be reclassified as state museums because of the nature of the facilities and the exhibits and attractions thereof which justify classification as a state museum rather than a state park; (4) State recreational areas shall be all other facilities now classified as state parks which do not have the facilities to justify classification as a state park under the standards established by the commission but which do offer limited or specialized recreational facilities of interest and attraction to the public; and (5) State arboretums shall consist of those arboretums classified as state parks but not included in any other classification under this section.

Ark. Code Ann. § 22-4-202 Reclassification of state parks.

The State Parks, Recreation, and Travel Commission shall periodically review the classification or designation of state parks as provided in § 22-4-201 and may reclassify any park when the commission determines that the facilities, attractions, public use, or recreational values thereof justify a reclassification under standards promulgated by the commission.

Ark. Code Ann. § 22-4-203 Effect of classification or reclassification.

(a) All state parks classified by the State Parks, Recreation, and Travel Commission under the provisions of § 22-4-201, or reclassified under the provisions of § 22-4-202, shall continue to be a part of the state parks system. Any reclassification shall be for the purpose of more proper classification and identification in order that the public might be better advised with respect to each facility in its selection or use thereof. (b) Nothing in this subchapter shall affect the powers of the commission to issue revenue bonds for the improvement of any facility in the state parks system, or the pledge of revenues therefrom, regardless of classification by the commission under this subchapter.

Ark. Code Ann. § 22-4-302 Financing authority.

The State Parks, Recreation, and Travel Commission is authorized and empowered to obtain the necessary funds for the purpose of extending, developing, and improving the state parks system from any source or sources necessary and consistent with this subchapter, § 22-4-101 et seq., and § 22-4-201 et seq., including, without limitation, contracting with the Arkansas Development Finance Authority to provide for the issuance of bonds by the authority in accordance with the Arkansas Development Finance Authority Act, § 15-5-101 et seq., §§ 15-5-201 — 15-5-211 , 15-5-213 , and §§ 15-5-301 — 15-5-316 .

Ark. Code Ann. § 22-4-305 Authority of State Parks, Recreation, and Travel Commission to impose fees for services — Pledge of revenues from fees — Restrictions.

(a)(1) The State Parks, Recreation, and Travel Commission shall direct the State Parks Division to prescribe and collect reasonable fees, rates, tolls, and charges for the services, facilities, and commodities rendered by the properties and equipment of the state parks system. (2) The division in coordination with the Secretary of the Department of Parks, Heritage, and Tourism shall annually develop a schedule of base fees, rates, tolls, charges, and rentals for lodging, camping, events, services, and all other accommodations offered across the state parks system. (3) The division shall submit annually the schedule of fees, rates, tolls, charges, and rentals to the commission for review and approval. (4)(A) The division may increase or decrease approved fees, rates, tolls, charges, and rentals charged for lodging, camping, events, services, and all other accommodations using a dynamic pricing strategy based on market forces such as seasonal variation in demand, occupancy, market analysis, and special event interest in order to maximize revenues from the use of state resources to promote the fiscal soundness and long-term sustainability of the state parks system. (B) Fees, rates, tolls, charges, and rentals may be increased by up to twenty percent (20%) or decreased by up to fifty percent (50%) under subdivision (a)(4)(A) of this section. (5) The division shall submit annually a report regarding the implementation of the dynamic pricing strategy to the commission and the Legislative Council. (6) The fees, rates, tolls, charges, and rentals established under this subchapter are not subject to the rulemaking requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) The authority and power of the commission includes the right to erect and operate cabins, lodges, restaurants, and other facilities and improvements for the convenience of the public and the right to erect and lease to third parties for operation such facilities and improvements upon such terms as the commission may determine. (c)(1) The commission shall ensure that the revenues from rates, fees, tolls, charges, and rentals, together with other available funds, shall be fully sufficient to discharge all obligations of the commission pertaining to the principal of and interest on any bonds as the principal and interest become due. (2) The gross revenue derived by the commission from all or any part of the properties and equipment of the state parks system may be pledged to the payment of revenue bonds authorized to be issued by this subchapter even though the proceeds from a particular bond issue may be used for the development or improvement of one (1) or more, but less than all, state parks. (d) The bonds shall not constitute an indebtedness of the commission or of the State of Arkansas within the meaning of any constitutional or statutory limitation, and this shall be so stated on the face of each bond.

Ark. Code Ann. § 22-4-307 Bonds and property — Exemptions.

All of the property controlled and operated by the State Parks, Recreation, and Travel Commission and the interest on all bonds issued under this subchapter shall be exempt from taxation by the State of Arkansas or by any municipal corporation, county, or other political subdivision or taxing district of the state.

Ark. Code Ann. § 22-4-310 Parks system revenues kept separate — Use of funds.

(a) The following revenues and moneys are determined and declared to be cash funds which the State Parks, Recreation, and Travel Commission shall hold as separate funds and deposit in trust in any banks or depositories, other than the State Treasury, which the commission may select: (1) The gross revenue derived by the commission from the properties and equipment of the state parks system; (2) The moneys received by the commission from the sale of any wood, timber, rocks, stone, water, or other products from the state parks; (3) The moneys received by the commission from the sale of any state park lands, facilities, and improvements; (4) All moneys received by the commission as proceeds of insurance policies on any of the properties and equipment of the state parks system; and (5) All moneys received for state parks purposes from federal means, grants, contributions, gratuities, or reimbursements or from contributions, grants, or gratuities donated by private persons, corporations, or organizations which are subject to restrictions imposed by the respective federal agencies, private persons, corporations, or organizations furnishing these moneys. (b) All such revenues and moneys shall be subject to payment out of the funds for state parks purposes, including the payment of the principal and interest on revenue bonds issued by the Arkansas Development Finance Authority in the manner and at such times as the commission may direct.

Ark. Code Ann. § 22-4-312 Bonds for construction of Arkansas Museum of Natural Resources.

(a) The State Parks, Recreation, and Travel Commission may, in accordance with the provisions of this subchapter, issue bonds in an amount not to exceed two million dollars ($2,000,000) for the purpose of providing funds for the construction of the Arkansas Museum of Natural Resources as provided for in §§ 13-5-401 — 13-5-404 and 26-58-301 and, to secure the bonds, may pledge all funds derived from a fee of twenty (20) mills per barrel of oil produced in this state and a fee of ten cents (10¢) per one thousand (1,000) barrels of brine produced in this state for the purpose of bromine extraction as provided in § 26-58-303. (b) Bonds so issued shall not constitute an indebtedness of the commission or of the State of Arkansas within the meaning of any constitutional or statutory limitation, and this shall be so stated on the face of each bond.

Ark. Code Ann. § 22-4-313 Bonds for construction of lodge and cabins.

(a) The State Parks, Recreation, and Travel Commission, in accordance with the provisions of this subchapter, may contract with the Arkansas Development Finance Authority to provide for the issuance of bonds by the authority for the purpose of providing funds for the design, construction, and equipping of a lodge and cabins and related facilities and improvements to be located in Mount Magazine State Park and to provide funds for reasonable financing costs, including costs of issuance, capitalized interest, and a debt service reserve fund. (b) In order to secure the bonds, the commission is authorized to pledge to pay debt service on the bonds, the fees, rates, tolls, and charges for the services, facilities, and commodities rendered by the properties and equipment of the state parks system pursuant to § 22-4-305.

Ark. Code Ann. § 22-4-401 Title.

This subchapter may be cited as the “Arkansas Trails System Act”.

Ark. Code Ann. § 22-4-402 Definitions.

As used in this subchapter: (1) “Right-of-way” means the strip of land over which a trail is constructed whether acquired by easement or fee simple title; and (2) “Trail” means any road, pathway, route, or other identifiable linear facility designated, constructed, and maintained to provide specific recreational experiences to the public. Trails may be established for hiking, biking, boating, canoeing, motorcycling, horse riding, use by individuals with disabilities, and other trail-oriented uses.

Ark. Code Ann. § 22-4-403 Administration of Arkansas Trails System.

A statewide trails system to be called the “Arkansas Trails System” is authorized to be administered by the State Parks Division. The administration shall include: (1) Coordination of trail development between state, federal, county, municipal, and private entities; (2) Development of a wide variety of types of trails to provide maximum trail opportunities for the citizens of Arkansas; (3) Establishment of an interconnected trails system by developing new trails or by connecting existing trails or recreation areas; (4) Encouraging the development of trails in or near population centers; (5) Providing technical assistance for trail development and maintenance; and (6) Providing information about Arkansas trails.

Ark. Code Ann. § 22-4-404 Arkansas Trails Council — Creation — Powers and duties.

(a) An advisory body to the State Parks Division to be known as the “Arkansas Trails Council”, is created for the purpose of informing the division, other trail-providing agencies, and the public at large of public need, use, and ongoing and planned trail development and to provide a public forum for discussion of trail-related issues. (b) The council is a voluntary organization open to representatives of all state and federal agencies with an interest in or potential for trail development, to all local governments with interests in trails, to public or to private utility companies the rights-of-way of which hold trail potential, to private landowners, and to trail users. (c) The Department of Parks, Heritage, and Tourism shall designate a representative to serve on the council . (d) The council may make suggestions to the division concerning methods to meet trail needs within the state and shall assist the division in coordinating trail development within the state. (e)(1) The council shall review nominations to the Arkansas Trails System and make recommendations to the division regarding the acceptance or rejection of each application based on criteria outlined in § 22-4-405. (2) The Director of the State Parks Division may add a qualifying trail to the Arkansas Trails System after a review of recommendations made by the council. (f) The council shall periodically review the components of the Arkansas Trails System and submit information concerning those trails of superior quality to the National Park Service for consideration as components in the National Trails System. (g) The council shall assist in updating the Arkansas Trails Plan, a part of the Statewide Comprehensive Outdoor Recreation Plan. (h) The council shall periodically review member trails of the Arkansas Trails System for compliance with § 22-4-405 and shall report its findings to the division in order to maintain high quality within the Arkansas Trails System. (i) Trails accepted into the Arkansas Trails System which do not fulfill the requirements established in this subchapter or prescribed by the division and the council may be removed from the Arkansas Trails System by the division after consultation with the council and after appropriate opportunity has been given for correction of the inadequacies. (j) The council shall not have the power of eminent domain.

Ark. Code Ann. § 22-4-405 Criteria for acceptance into Arkansas Trails System.

Trails accepted into the Arkansas Trails System shall meet criteria as established by the Arkansas Trails Council and the State Parks Division, which shall include: (1) A guaranteed right-of-way for public use for a minimum period of five (5) years; (2) Trail operation and maintenance for a minimum period of five (5) years by an acceptable responsible organization; (3) Adherence to state trails standards and guidelines for the trail type designated; (4) Readiness of the trail for public use; (5) Proper marking and signing; and (6) Conformity of the trail with goals established in the Statewide Comprehensive Outdoor Recreation Plan or the Arkansas Trails Plan.

Ark. Code Ann. § 22-4-406 Classifications of trails.

Trails in the Arkansas Trails System shall be classified according to their designated use and shall include, but not be limited to, the following classifications: (1) Interpretive trail — a route having natural, cultural, or historical points of interest identified to the public through the use of markers, plaques, brochures, or other readily recognizable means; (2) Hiking trail — a route designated, designed, and maintained for foot travel; (3) Bicycle trail — a route designated, designed, and maintained primarily for bicycle travel; (4) Motorcycle trail — a route designated, designed, and maintained primarily for trail activity by motorcycle; (5) Boat trail — a separate route or lane designated and maintained for trail activity by boat; (6) Canoe trail — a route designated and maintained for canoeing experiences; (7) Automobile trail — a properly marked roadway designated and maintained for recreational automobile travel; (8) Equestrian trail — a route designated, designed, and maintained for trail activity for horse riding; (9) Handicap trail — a route designated for trail activity by special groups as well as the general public; and (10) Recreational trail — a route designed to meet specific recreational and physical fitness needs.

Ark. Code Ann. § 22-4-407 Public access to private lands.

Nothing in this subchapter shall be construed to give the public any greater right or privilege of access to private lands than that permitted by easement granted by the landowner.

Ark. Code Ann. § 22-4-501 Disposition of property authorized.

(a)(1) The state or any municipal corporation, county, or other political subdivision thereof shall have the authority to sell, lease, grant, exchange, or otherwise dispose of any property, or interest therein, comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for recreational or park purposes by a private citizen, corporation, or association. The property, or interest therein, may have been thereafter acquired by the state, county, city, or other political subdivision thereof without regard to whether the public use has been previously abandoned or whether the property has become unsuitable or inadequate for the purpose for which originally dedicated. (2) Any disposition shall be on such terms and conditions as may be deemed desirable or necessary. (b)(1) Any municipality in this state shall have the authority to lease to any individual, firm, or corporation municipal property comprising parks, playgrounds, golf courses, swimming pools, or other property which have been dedicated to a public use for recreational or park purposes on such terms and conditions as may be desirable or necessary. (2) Any municipality is also authorized to lease municipally owned lands and facilities to a community college board to be used for educational purposes. (3) Any lease under this subsection shall be for a period not to exceed ninety-nine (99) years. (4) Those persons or entities holding leases on municipal park and recreational facilities on July 5, 1977, shall have the first option to renew their leases. (c) Except as provided in subsection (b) of this section, any lease under this subchapter shall be for a period not to exceed twenty (20) years.

Ark. Code Ann. § 22-4-502 Officers authorized to execute disposition.

Any sale, lease, grant, or other disposition authorized by § 22-4-501 shall be in the discretion of, and executed by: (1) The Governor, as to state property; (2) The county judge, as to county property; (3) The mayor and council, city commissioners, or other governing authority, as to property of a municipal corporation.

Ark. Code Ann. § 22-4-503 Procedure for advertising disposition — Bids.

(a) Any sale, lease, grant, exchange, or other disposition of any property under the provisions of this subchapter shall be made only after advertising the disposition in a newspaper in which legal advertisements are published for the county in which the land or other facilities to be disposed of lie, one (1) time a week for four (4) weeks. (b) In the event the property to be sold lies in more than one (1) county, the advertisement shall be run one (1) time a week for four (4) weeks in the newspaper in which legal advertisements are published for each county. (c) All state property required to be advertised under this subchapter shall also be advertised in two (2) additional newspapers of general circulation in this state. (d) The advertisements shall describe the property, state the manner of disposition to be made, specify the time and place of the disposition, and state any other requirements stipulated by the disposing instrumentality of government, including an award to the highest responsible bidder, subject to the provisions of subsection (f) of this section. (e) All sales and other dispositions under the provisions of this subchapter shall be made under the terms of the advertisement for cash sale, rental, or lease consideration. (f) The selling or disposing authority shall have the right to reject all bids in the event the high bid shall prove unsatisfactory for any reason. The property shall then be readvertised and disposed of pursuant to this section.

Ark. Code Ann. § 22-4-504 Obligation of contract provision or indebtedness not impaired.

Nothing in this subchapter shall be construed as impairing the obligation of any contract provision, bond issue, or other indebtedness thereon, whether by way of reversionary clause or otherwise.

Ark. Code Ann. § 22-4-701 Title.

This subchapter shall be known and may be cited as the “Trail of Tears Historic Bike Route Act”.

Ark. Code Ann. § 22-4-702 Creation of bike route.

The route along U.S. Highway 62 from the border between Oklahoma and Arkansas to the Trail of Tears Park and Historic Site located on the campus of the University of Arkansas at Fayetteville at the northwest corner of the intersection of Stadium Drive and Martin Luther King Jr. Boulevard, thirty-six degrees three seconds north (36° 00' 03" N) and ninety-four degrees ten seconds west (94° 00' 10" W), is designated the “Trail of Tears Historic Bike Route”.

Ark. Code Ann. § 22-4-703 Requirements — Definitions — Funding.

(a) As used in this section: (1) “Sign” means a permanent marker placed along the Trail of Tears Historic Bike Route identifying the route as the “Trail of Tears Historic Bike Route”; and (2) “Trail of Tears Historic Bike Route” means the route along U.S. Highway 62 from the border between Oklahoma and Arkansas to the Trail of Tears Park and Historic Site located on the campus of the University of Arkansas at Fayetteville at the northwest corner of the intersection of Stadium Drive and Martin Luther King Jr. Boulevard, thirty-six degrees three seconds north (36° 00' 03" N) and ninety-four degrees ten seconds west (94° 00' 10" W). (b) The Arkansas Department of Transportation may: (1) Erect appropriate signs along the Trail of Tears Historic Bike Route; and (2) Construct a bicycle lane along the Trail of Tears Historic Bike Route that conforms to federal standards regarding the bicycle lane's: (A) Width; (B) Design; and (C) Pavement markings. (c) The department may apply for, receive, and use gifts, grants, and donations from private and public sources to: (1) Acquire and install the signs and construct the bicycle lane required under subsection (b) of this section; and (2) Maintain, replace, or reconstruct the signs and the bicycle lane required under subsection (b) of this section.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.22.htmlFetched: 11/8/2026