Current through the 2024 Fourth Special Session
Section 72-7-103 - Limitation on access authority(1) As used in this section:(a) "Highway facility" means: (i) SR-7 as described in Section 72-4-106;(ii) SR-67 as described in Section 72-4-112;(iii) SR-85 as described in Section 72-4-114;(iv) SR-154 as described in Section 72-4-121; or(v) SR-201 as described in Section 72-4-126.(b) "Legal point of access" means an access established in accordance with applicable law: (ii) by permit issued by the highway authority; or(iii) by a deed or court order.(2) A highway authority may not deny reasonable ingress and egress to property adjoining a public highway except where:(a) the highway authority acquires right of ingress and egress by gift, agreement, purchase, eminent domain, or otherwise; or(b) no right of ingress or egress exists between the right-of-way and the adjoining property.(3) For a property adjoining a public highway that is not an interstate system or a highway facility, a highway authority may not close a legal point of access to the public highway, unless:(a) the property has reasonably equivalent access to the public highway after the legal access is closed; or(b) the highway authority acquires the legal point of access by gift, agreement, purchase, or eminent domain.Amended by Chapter 72, 2018 General Session ,§ 1, eff. 5/8/2018.Renumbered and Amended by Chapter 270, 1998 General Session.