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Session Laws, 1999
Volume 796, Page 4206   View pdf image
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(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.

(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.

(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.

 

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Session Laws, 1999
Volume 796, Page 4206   View pdf image
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