CONVEYANCING TECHNIQUES FOR ACQUISITION OF ACCESS RIGHTS

THE STATUTORY PROVISIONS OF THE INDIVIDUAL STATE USUALLY PROVIDES THE AUTHORITY FOR THE PURCHASING OF ACCESS RIGHTS. THE OREGON STATUTE IS REVIEWED WHICH PROVIDES THAT THE HIGHWAY COMMISSION MAY ACQUIRE BY AGREEMENT, DONATION OR THE EXERCISE OF THE POWER OF EMINENT DOMAIN, FEE TITLE TO ANY INTEREST IN ANY REAL PROPERTY, INCLUDING EASEMENTS OF ACCESS. THIS STATUTE PROVIDES THAT THE STATE HIGHWAY COMMISSION SHALL PRESCRIBE AND DEFINE THE LOCATION, WIDTH, NATURE, AND EXTENT OF ANY RIGHT OF ACCESS THAT THEY MAY WISH TO PERMIT TO ANY PROPERTY COMING WITHIN THE PURVIEW OF THE ENACTMENT. IN THE CASE OF STATE HIGHWAY COMMISSION VS BURK, THE SUPREME COURT RECOGNIZED THE COMMON LAW RIGHT OF ACCESS, BUT IT ALSO RECOGNIZED THAT THE THRUWAY OR NO-ACCESS TYPE OF HIGHWAY WAS OF A DIFFERENT BREED. THE COURT RULED THAT WHEN A NEW HIGHWAY IS BUILT WHERE NONE EXISTED BEFORE, AND THE RESOLUTION OF THE HIGHWAY COMMISSION DESIGNATED THE NEW HIGHWAY AS A NON-ACCESS HIGHWAY, THE ABUTTING PROPERTY OWNERS DID NOT ACQUIRE A COMMON LAW EASEMENT OF ACCESS. THIS CREATED TWO DIFFERENT SITUATIONS FOR LAND ACQUISITION. IF AN EXISTING HIGHWAY IS TO BE CONVERTED INTO A CONTROLLED TYPE OF ACCESS HIGHWAY, IT IS NECESSARY FOR THE STATE TO ACQUIRE THE COMMON LAW RIGHTS OF ACCESS BY PURCHASE OR CONDEMNATION. IF A NEW HIGHWAY IS TO BE CONSTRUCTED, NO EASEMENT OF ACCESS ARISES BY VIRTUE OF THE CONSTRUCTION OF THE NEW HIGHWAY. THE VARIOUS TYPES OF RIGHTS OF ACCESS ARE DISCUSSED. A DESCRIPTION IS GIVEN OF THE CONVEYANCING TECHNIQUES EMPLOYED WHERE AN EXISTING HIGHWAY IS USED AND THE ABUTTER'S ACCESS RIGHTS MUST BE ELIMINATED

• Record URL:
  http://onlinepubs.trb.org/Onlinepubs/hrbbulletin/345/345-004.pdf
• Supplemental Notes:
  • Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
• Authors:
  • Lindas, Leonard I
• Conference:
  • 41st Annual Meeting of the Highway Research Board
  • Location: Washington DC, United States
  • Date: 1962-1-8 to 1962-1-12
• Publication Date: 1962

Language

• English

Media Info

• Media Type: Digital/other
• Features: Appendices;
• Pagination: pp 26-32
• Monograph Title: Limited access controls and their administration
• Serial:
  • Highway Research Board Bulletin
  • Issue Number: 345
  • Publisher: Highway Research Board

Subject/Index Terms

• TRT Terms: Abutments; Easements; Eminent domain; Freeways; Highways; Improvements; Land; Laws; Ownership; Property acquisition; Property condemnation; Right of way (Land); Roads
• Old TRIS Terms: Common law; Condemnation; Conveyances; Existing roads
• Subject Areas: Highways; Law;

Filing Info

• Accession Number: 00238457
• Record Type: Publication
• Files: TRIS, TRB, ATRI
• Created Date: Aug 15 2004 8:03PM