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Session Laws, 1999
Volume 796, Page 3752   View pdf image
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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 2,00,0 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.

(c) (1) To promote highway safety, the Administration may limit the width of
existing entrances and exits and determine the locations of access points that may be
used by any commercial or industrial property owner or user into any existing section
of a State highway that carries an average traffic volume of more than 2,000 vehicles
a day. 

(2) If the Administration finds it expedient for traffic safety, the
Administration may:

(i) Limit the width and location of access points by any method
that it considers desirable; and

(ii) Deny an abutting property owner all new access along any
primary State highway if reasonable access to another public road is available to and
from the property.

(3) Denial of access under paragraph (2)(ii) of this subsection is an
exercise of the police power and does not require the payment of compensation.

(D) (1) THIS SUBSECTION DOES NOT APPLY TO AN EXPRESSWAY, FREEWAY,
INTERSTATE HIGHWAY, OR PARKWAY

(2) NOTWITHSTANDING ANY OTHER PROVISION SUBSECTION (C)(2)(II)
OF THIS SECTION, THE ADMINISTRATION MAY NOT DENY AN OWNER OF PROPERTY
ABUTTING A STATE HIGHWAY ALL ACCESS TO THE HIGHWAY IF THE ABUTMENT IS
WITHIN THE BOUNDARIES OF A MUNICIPAL CORPORATION UNLESS:

(I) THE PROPERTY ABUTS ANOTHER PUBLIC ROAD TO WHICH
REASONABLE ACCESS CAN BE GRANTED: OR

(II) THE DENIAL IS BASED ON AN ACCESS MANAGEMENT PLAN
THAT HAS BEEN AGREED TO BY THE ADMINISTRATION AND THE MUNICIPAL
CORPORATION; OR

(III) THE ADMINISTRATION PAYS JUST COMPENSATION TO THE
PROPERTY OWNER AS PART OF THE EXERCISE OF EMINENT DOMAIN POWERS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1999.

 

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Session Laws, 1999
Volume 796, Page 3752   View pdf image
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