A county road is not a county road unless the County Judge declares the road a county road.

The county can maintain roads that are public rights of way, but that does not make them county roads.

Maintenance alone does not designate a road as a county road. There must be action taken by the County Judge (i.e. condemnation proceedings).

Any road that is the most direct route to the courthouse for 10 or more families if that road is graded and has been used by the general public as a road for at least 2 years. (ACA 27-66-204)

Any road that is used as a mail route if the road is designated as such by the proper postal authorities. (ACA 27-66-205)

Any road used as a school bus route. Must take charge of the road and maintain and repair the road the same as other county roads. (ACA 27-66-206)

Any street or road dedicated to the public as a public thoroughfare - provided that a bill of assurance making the dedication is properly recorded. (ACA 27-66-207)

Any strip of ground deeded by the owners to the county for a public thoroughfare. (ACA 27-66-208)

The city's power to control development in its five-mile development radius must yield to the County Judge's power over roads and internal improvements.

The County Judge's jurisdiction over roads within his/her county includes city streets.

Relevant Case Law:
Butler v. City of Little Rock, 231 Ark. 834 (1960) - Issue was whose law controls in a city's five-mile planning zone. The court held that any attempt by a municipality to affect a road in its extra jurisdictional territory would have to yield to the county's right to regulate.

Yates v. Sturgis, 311 Ark. 618 (1993) - A County Judge can open roads within the city limits of an incorporated municipality wihout city permission or involvement.

Public can acquire the right to use a roadway by prescriptive right.

	If public obtains right to use a road through adverse possession (adverse to owner for 7 years).
	Once prescriptive right vests, the county has authority to maintain the road. (ACA 14-296-101)

Revelvant Case Law:
Johnson v. Wylie, 284 Ark. 76 (1884) - The owner of the land sat back and watched the county maintain a road on his land for 10 years. The road was also used as a mail and bus route. The county declared the road to be a county road and the owner sued arguing that it was a taking. The owner admitted that he considered the road to be a county road. The court held that the owner had lost right to assert ownership by prescriptive easement.

Arkansas Game & Fish Commission v. Lindsey, 292 Ark. 314 (1987) - Faulkner County claimed it had a county road running through Game & Fish's wildlife preserve by prescriptive right. The court held there are three ways to create a county road:

	Dedication of land to county
	Condemnation procedures
	Designating road as mail or bus route

When 10 citizens residing in that portion of the county consider a road useless, they may petition the county court to vacate the road.

The petition must state why the road needs to be vacated.

The petition must be publicly read at a regular session of the county court, with proof that proper notice was given.

No other proceedings may be had until the next regular session of the court.

If no objections are made then the county court can order the road be vacated at the next regular session of the court.

If objections are made in writing, the court must appoint 3 viewers (same procedures followed).

If viewers are in favor of vacating, the court may order the road vacated.

The county court has the power to open new roads and make changes in old roads as it deems necessary and proper. (ACA 14-298-120)

When changes are made or a new road opened, the road shall be located on section lines if possible, taking into consideration the conveniences of the public travel, contour of the country, etc.

First class roads established or opened may not be less than 50 feet wide.

Once the county court decides to open to alter a road, the appropriate order shall be made and entered in the record.

Five or more interested landowners may file a petition.

Petition must give starting point and termination of the road, as well as intermediate points and any other descriptions.

Petition accompanied by a bond to cover expenses.

County court shall set a date for the hearing not more than 30 days from the filing of the petition.

County clerk shall publish the filing of the petition and the hearing date once in a newspaper having circulation in the county at least 10 days before the hearing date.

On the hearing date, the court shall hear from those for and against the opening of the road and shall grant or deny the request and enter a court order.

Within 10 days after entry of the order, the clerk of the court shall have a copy of the order served (as provided for in civil actions) on all owners of record of any lands affected by the order.

Upon return of service by the sheriff, the clerk shall note in the records of the county court the dates of service.

Upon entry of the order, the records shall constitute valid constructive notice to all subsequent purchasers of the lands and all other persons acquiring or holding the lands by or through the landowners affected.

If the owner of any land refuses to give a right-of-way, then the owner has the right to present verified claims to the county court for damages from the road being laid out on his land.

No claim shall be presented 12 months after the date of service of the order.

Relevant Case Law:
Miller County v. Beasley, 203 Ark. 370 (1941) - The court held that while the statute says 12 months for a person to file for damages, that's not really the case. A claim must be filed in the same fiscal year. The county court cannot condemn a road one year and pay damages for that out of the following year's budget.

The most litigated issue in county road law.

If a private citizen cannot gain access to a public road, that citizen can petition the county court to establish a private road across another's land.

A citizen who wishes the county court to establish a private road files a petition with the county court.

The Judge appoints viewers to determine if the road is necessary.

If the viewers determine the road is necessary, they will law out a path for the road that is the least inconvenient to all affected parties.

The viewers make a written report to the county court describing the route of the road, the land through which it passes, the owner (if known) and the damages sustained (including the value of the land appropriated).

After reviewing the report filed by the viewers, the county court determines if a road should be established.

If the county court determines that it is necessary for the petitioner to have the road from his property to the public road or waterway, an order shall be made establishing the road as a private road not to exceed 30 feet wide.

The petitioner may open the road, provided that he pays all costs and expenses for the petition, including the view and survey of the road and damages sustained by the other affected property owners.

Either party may appeal the order to the circuit court within 60 days.

It is a misdemeanor to obstruct any private road established under these statutes.

If convicted, the fine shall not exceed $50.00 and $2.00 for each day the obstruction remains after notified to remove it.

Relevant Case Law:
Yates v. Sturgis, 311 Ark. 618 (1993) - A County Judge can open roads within the city limits of an incorporated municipality without city permission or involvement.

Parrot v. Fullerton, 209 Ark. 1018 (1946) - "If the road which the petitioner already has is at times difficult to travel and expensive to keep in repair, and the proposed road is better located and can be established without great injury to any other person, the road is necessary."

Castleman v. Dumas, 279 Ark. 463 (1983) - In determining whether a road is necessary, the court must take into consideration the convenience and benefit of the people it will serve as well as the injury and inconvenience for the defendants.

Armstrong v. Cook, 243 Ark. 230 (1967) - The report of the viewers was deficient. The report must contain an estimate of damages and a clear path for the proposed road. Because the report contained neither, the county court's order establishing the road was voided.

Notice:

Before a petition is presented to the county court for laying out, altering or vacating a road, notice must be given by publication in the newspaper published in the county. (ACA 14-298-102)

Petition:

Any application to the county court for laying out, viewing, reviewing, altering or vacating any county road must be signed by at least 10 freeholders of the county.

One or more of the petitioners must enter into a bond payable to the State of Arkansas for the use of the county to assure that the petitioners pay the costs and expenses. (ACA 14-298-103)

The petition must specify the place of beginning, the intermediate points, if any, and the place of termination of the road. (ACA 14-298-104)

After petition is filed, the county court designated three disinterested citizens to act as viewers and to give a report to the county court as to the validity of the petition. (ACA 14-298-105)

Viewers duties and responsibilities:

	Be a jury to assess and determine the compensation to be paid in money for the property sought to be appropriated: and to.
	Assess and determine damages each owner of the lands over which the road is to run shall suffer by the opening and construction of the road. (ACA 14-298-105)
	Meet at the time and place specified in the order, but no later than five days after.
	Take oath or affirmation to faithfully and impartially discharge the duties.
	Take two people to serve as chain carriers and one person as a marker. (ACA 14-298-109)
	Viewers must give their opinion as to if a good road can be made with reasonable expense, taking into consideration the ground, convenience, inconvenience and expense, which will result to individuals as well as to the public if the road is established or altered as requested. (ACA 27-298-109)
	When laying out, altering or establishing public highways, the highways must be located as near as practicable on section and subdivision lines. (ACA 27-298-109).
	Viewers also need to report what width the road should be to promote public convenience, but this decision ultimately rests with the county court. (ACA 27-298-110)

The viewers must make and sign a report in writing stating:

	Their opinion for or against the establishment, alteration or vacation of the road along with their reasons;
	The commencement and termination, courses, and distances of the road, so that the road can be readily formed and located;
	The value of the property;
	The amount of damages, if any, and to whom, which by them have been assessed and which would accrue by the establishing and opening of the road. (ACA 27-298-112)

The county court must read the report publicly during session.

If the court is satisfied with the report and there are no objections, the court can order the damages be paid and the road declared public.

If the court does not think the road is worth paying the damages or petitioners do not want to pay the damages or if the viewers recommend against the petition, the court can order that the petition not be granted. (ACA 14-298-113)

After the viewers have returned their opinion in favor of the road, but before a road is established, any citizen of the county whose lands are affected by the road may apply to the county court by petition for a review of the road.

It is within the discretion of the county court to grant a review.

If the court grants a review, it shall appoint three different disinterested freeholders of the county to review and report their findings.

If reviewers are in favor of the road, it shall be established.

If reviewers are not in favor of the road, it shall not be established. (ACA 14-298-115)

Any party not satisfied with the decision of the county court may appeal the decision to the circuit court within 10 days of the decision. (ACA 14-298-116)