JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS IN HIGHWAY ACCESS CONTROL

THE CONTROLLED-ACCESS LAW IN THE STATE OF WISCONSIN IS REVIEWED. THE ACCESS CONTROL STATUTE UNDER WHICH THE STATE HIGHWAY COMMISSION DECLARES CONTROLLED ACCESS HAS ELEMENTS OF POLICE POWER AND THE USE OF EMINENT DOMAIN TO ACCOMPLISH CONTROLLED-ACCESS. ACTUALLY, THE HIGHWAY COMMISSION MAKES THE FOLLOWING SEPARATE DECISIONS: (1) THE DESIGNATION OF THE HIGHWAY, AS A CONTROLLED-ACCESS HIGHWAY, IS NECESSARY IN THE INTEREST OF PUBLIC SAFETY, CONVENIENCE, AND THE GENERAL WELFARE, AND (2) HOW INDIVIDUAL PROPERTIES WILL BE AFFECTED. AN ATTACK ON THE ORDER DECLARING A CONTROLLED ACCESS HIGHWAY MUST BE MADE WITHIN THIRTY DAYS AFTER THE ORDER IS PUBLISHED. WHEN THE CONTROL ACCESS ORDER BECOMES EFFECTIVE, THE HIGHWAY COMMISSION MAKES STUDIES TO DETERMINE THE ACCESS TO INDIVIDUAL PROPERTIES. IF THE LANDLOCKING OF CERTAIN PARCELS IS REQUIRED, THE HIGHWAY COMMISSION MAY ACQUIRE THOSE INTERESTS UNDER EMINENT DOMAIN. THE PROCEDURE FOR A JUDICIAL REVIEW BY A PROPERTY OWNER IS DESCRIBED. THE STATE ADMINISTRATIVE PROCEDURES AND POLICIES NECESSARY TO A HIGHWAY COMMISSION REVIEW ARE PRESENTED. THE SUPREME COURT OF WISCONSIN HAS HELD THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION IS THE EXCLUSIVE WAY TO REVIEW CONTROLLED ACCESS DECISIONS. THEREFORE, THE QUESTIONS OF ADMINISTRATIVE POLICIES AND PROCEDURES AND THE SCOPE OF JUDICIAL REVIEW BECOMES MORE IMPORTANT IN THE CONTROLLED- ACCESS CASES.

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  • Supplemental Notes:
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  • Authors:
    • Feifarek, A J
  • Conference:
  • Publication Date: 1962

Media Info

  • Media Type: Digital/other
  • Features: Appendices; Figures;
  • Pagination: pp 21-26
  • Monograph Title: Limited access controls and their administration
  • Serial:

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Filing Info

  • Accession Number: 00238456
  • Record Type: Publication
  • Files: TRIS, TRB, ATRI
  • Created Date: Jul 8 1994 12:00AM