Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided April 8, 2004Published

1Opinion of the Court

The Honorable Lindbergh Thomas State Representative P.O. Box 505 Grady, AR 71644-0505

Dear Representative Thomas:

You have presented the following question for my opinion:

Does A.C.A. § 14-121-805 require a railroad that has constructed a railroad bridge to widen and/or make improvements (at its own expense) to the bridge in order to accommodate improvements to a drainage ditch running under the bridge?

You indicate that your question arises out of a situation in the City of Gould, Arkansas. You state that the Grady-Gould Flood Prevention Plan calls for the widening of a certain drainage canal…

2Cases cited9 opinions

  1. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  2. Cave City Nursing Home, Inc. v. Arkansas Department of Human ServicesSupreme Court of Arkansas · 2002
  3. Burlington Northern Railroad Company v. State of Nebraska the Nebraska Public Service CommissionCourt of Appeals for the Eighth Circuit · 1986
  4. CB & Q. RAILWAY v. Drainage Comm'rs.Supreme Court of the United States · 1906
  5. Eady v. LansfordSupreme Court of Arkansas · 2002

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