Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided February 1, 1990Published

1Opinion of the Court

The Honorable Stanley Russ State Senator Post Office Box 787 Conway, AR 72032

Dear Senator Russ:

This is in response to your request for an opinion on the law relating to the construction of railroad crossings. Specifically, you have attached a letter, presumably from a constituent, explaining that the City of Mayflower has approved the development of a city street that will cross a railroad near Mayflower. The letter states that after years of "trying to get the railroad to do its part" there is still no crossing at the location.* The letter then inquires as to what the state law is pertaining…

2Cases cited15 opinions

  1. Erie Railroad v. Board of Public Utility CommissionersSupreme Court of the United States · 1921
  2. Mary Marshall, Individually and as Personal Representative v. Burlington Northern, Inc.Court of Appeals for the Ninth Circuit · 1983
  3. Southern Pacific Transportation Co. v. Public Utilities CommissionDistrict Court, N.D. California · 1986
  4. Missouri Pacific Railroad v. MacKeySupreme Court of Arkansas · 1988
  5. Consolidated Rail Corp. v. SmithDistrict Court, N.D. Indiana · 1987

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