CONTROL OF ACCESS AND POLICE POWER

FURTHER DEVELOPMENT OF AN EFFECTIVE NETWORK OF HIGHWAYS PRESENTS VARIOUS LEGAL PROBLEMS SUCH AS THE POSSIBLE USE OF THE POLICE POWER OF THE STATE, AS OPPOSED TO THE DOCTRINE OF EMINENT DOMAIN, IN ACHIEVING ACCESS CONTROL. CONTROLLED ACCESS FACILITIES MAY BE ESTABLISHED BY CONVERTING AN EXISTING UNLIMITED ACCESS ROAD, WHICH WOULD ALLOW ABUTTING OWNERS SOME RIGHTS, OR BY CONSTRUCTING A NEW ROAD AND CONTROLLING ACCESS TO IT FROM THE INCEPTION. UNDER THE SECOND METHOD THE COURTS HAVE ACCEPTED CORRECTLY THE VIEW THAT THE ABUTTING OWNERS ARE NOT ABLE TO COMPLAIN. IN CONSIDERING THESE PROBLEMS, AN EXAMINATION MUST BE MADE WHETHER OR NOT THE ACTION PROPOSED BY THE STATE SEEMS REASONABLY WITHIN THE PURPOSE OF ITS POLICE POWER.

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Filing Info

  • Accession Number: 00238537
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Sep 16 1994 12:00AM