PARRIS N. GLENDENING, Governor

Ch. 344

Article - Transportation

8-620.

(a) The Administration may designate any part of any existing State highway as [a
freeway] AN EXPRESSWAY.

(b) (1) If an existing highway is designated as [a freeway:] AN EXPRESSWAY

AND

[(1) The] A PROPERTY ABUTTING THE EXPRESSWAY IS NOT SERVED BY
ANY OTHER REASONABLE ACCESS TO ANOTHER PUBLIC ROAD, THE Administration
may acquire the right of any owner of THE property [ abutting the freeway] to access to
or from the abutting land to or from the [freeway] EXPRESSWAY by:

(i) Closing any existing access; or

(ii) Limiting the right of the owner to construct any new access or to
enlarge or extend any existing access[; and].

(2) IF AN EXISTING HIGHWAY IS DESIGNATED AS AN EXPRESSWAY AND
A PROPERTY ABUTTING THE EXPRESSWAY HAS REASONABLE ACCESS TO ANOTHER
PUBLIC ROAD, THE ADMINISTRATION MAY:

(I) ACQUIRE THE RIGHT OF ANY OWNER OF THAT PROPERTY
ABUTTING THE EXPRESSWAY TO CONTINUE TO USE AN EXISTING ACCESS TO OR
FROM THE ABUTTING LAND TO OR FROM THE EXPRESSWAY BY CLOSING ANY
EXISTING ACCESS; AND

(II) IN ITS OWN DISCRETION, PROHIBIT NEW ACCESS TO OR FROM
THE ABUTTING LAND TO OR FROM THE EXPRESSWAY BY LIMITING THE RIGHT OF
THE OWNER TO CONSTRUCT ANY NEW ACCESS.

(3) AN OWNER DENIED NEW ACCESS UNDER PARAGRAPH (2)(II) OF THIS
SUBSECTION IS NOT ENTITLED TO ANY COMPENSATION FOR THE DENIAL OF ACCESS
IF REASONABLE ACCESS TO ANOTHER PUBLIC ROAD IS AVAILABLE AT THE TIME OF
THE DENIAL OF ACCESS.

[(2)] (4) The Administration, in its discretion, may designate points at
which access will be permitted and may specify the terms and conditions of that access.

8-625.

(a) For purposes of this section, average daily traffic volume shall be determined
over a 1-year period by the procedures that the Administration uses to establish traffic
density.

(b) (1) Except in accordance with a permit issued by the Administration, a
person may not make any entrance from any commercial or industrial property to any
State highway that carries an average traffic volume of more than 2,000 vehicles a day.

(2) The Administration may apply to the circuit court in the subdivision in
which the violation occurred or is threatened for appropriate injunctive relief.

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