§ 72-7-103 — Limitation on access authority.

(1) As used in this section:

(1)(a) "Highway facility" means:
(1)(a)(i) SR-7 as described in Section 72-4-106;
(1)(a)(ii) SR-67 as described in Section 72-4-112;
(1)(a)(iii) SR-85 as described in Section 72-4-114;
(1)(a)(iv) SR-154 as described in Section 72-4-121; or
(1)(a)(v) SR-201 as described in Section 72-4-126.
(1)(b) "Legal point of access" means an access established in accordance with applicable law:
(1)(b)(i) before July 1, 2003;
(1)(b)(ii) by permit issued by the highway authority; or
(1)(b)(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:

(2)(a) the highway authority acquires right of ingress and egress by gift, agreement, purchase, eminent domain, or otherwise; or
(2)(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:

(3)(a) the property has reasonably equivalent access to the public highway after the legal access is closed; or
(3)(b) the highway authority acquires the legal point of access by gift, agreement, purchase, or eminent domain.

Legislative History

Amended by Chapter 72, 2018 General Session