Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided August 2, 2002Published

1Opinion of the Court

The Honorable Preston Scroggin State Representative 59 Marshall Road South Vilonia, AR 72173-9335

Dear Representative Scroggin:

I am writing in response to your request for my opinion on the following two unrelated questions:

1. If utility lines were originally laid outside the boundaries of the right of way, then can a city, after a period of seven years, automatically acquire the right of way?

2. Can a municipality run city vehicles and/or pick-up trucks on off-road fuel?

RESPONSE

With respect to your first question, although there is no Arkansas authority squarely on point, assuming the…

2Cases cited8 opinions

  1. Fullenwider v. KitchensSupreme Court of Arkansas · 1954
  2. Johnson v. JonesCourt of Appeals of Arkansas · 1998
  3. Owners Ass'n of Foxcroft Woods, Inc. v. Foxglen AssociatesSupreme Court of Arkansas · 2001
  4. Daley v. Town of SwampscottMassachusetts Appeals Court · 1981
  5. Kimmer v. NelsonSupreme Court of Arkansas · 1951

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