Section 562.10  Freeway Determination

 

a)         The Department of Transportation determines what highways shall be declared freeways.

 

b)         The Chief Highway Engineer shall make a study of the traffic volumes and the traffic conditions with respect to the safety of the traveling public on the State highways.  From time to time, as conditions warrant, he shall make a report of his studies and investigations to the Secretary of the Department of Transportation with recommendations that certain State highways be declared freeways.  Such recommendations shall specify the highways or portions thereof that shall be designated as freeways.

 

c)         The Secretary shall review these reports and recommendations and after careful study and consideration he shall declare in writing which of the said highways or portions thereof are designated as freeways.

 

Section 562.20  Definitions

 

The following definitions have been adopted by the Department of Transportation for the purpose of administering the provisions of the Freeway Act.

 

            "Freeway."  A freeway is defined as a public highway especially designed for through traffic and to or from which owners of or persons having an interest in abutting property, or other persons, have no right of direct access or only limited right of direct access by reason of the fact that the said property abuts upon such highway, or for any other reason.  On freeways to be constructed with complete control of access the physical means of access shall be limited to ramps, approaches or other facilities located, designed and constructed by the Department for entrance to and exit from the freeway by the general public.

 

            "Local Service Drives."  Local service drives, commonly called frontage roads, are roads located generally parallel and adjacent to the freeway traffic lanes.  Their purpose is to provide means of indirect access to and from the freeway by the owners of, or persons having interests in the properties abutting the freeway, or any other persons.  These local service drives or frontage roads may be either roads constructed by the Department on the freeway right of way or existing roads or streets adjacent to the freeway which shall be or have been designated as such local service drives or frontage roads by the Department.

 

Section 562.30  Control of Access

 

a)         Complete.  Access shall be controlled either

 

1)         by constructing local service drives or frontage roads adjacent to the freeway and/or designating existing roads or streets as local service drives or frontage roads to provide access to the freeway from adjacent areas or

 

2)         by extinguishing all rights of direct access of the abutting property owners to and from the freeway by purchase or eminent domain and eliminating all existing means of direct access.  Where local service drives are to be constructed they shall be of appropriate design and construction and shall be separated from the freeway by parkways, curbs or other effective devices, and shall afford access to the freeway only at entrances provided for that purpose by the Department.

 

b)         Modified.

 

1)         Agricultural Areas.

 

A)        By agreement or stipulation with the property owner, when access rights are being acquired, the Department may designate one point of direct access to the freeway from the abutting property to be used solely for agricultural or residential purposes.

 

B)        Wherever property held under one ownership is severed by a freeway, the Department may grant a limited or restricted easement permitting crossing of the freeway at a designated location and under specified terms and conditions to be used solely for residential and/or agricultural purposes and for passage from one severed tract to the other.  If such severed tracts at any time cease to be held under one ownership, the Department shall terminate and revoke the said easement.

 

2)         Residential Areas.  By agreement or stipulation with the property owner, when access rights are being acquired, the Department may designate one point of access to the freeway from the abutting property to be used solely for residential and/or agricultural purposes.  Where several property owners have homes in a compact area one entrance by way of a frontage road may be provided.  It is preferred to have such frontage road built by the owners to be served thereby and on their own properties.

 

3)         Commercial Areas.  Where commercial units are located on roads which intersect the freeway, access to the freeway is limited to that provided by the said intersecting roads.  When these units are located in areas through which frontage roads are to be constructed, access to the freeway is limited to that by way of the frontage roads to designated access points. If such a unit is so located as not to fit in either of the above patterns, then the right of access to the freeway will be completely extinguished by purchase or condemnation.

 

Section 562.40  Acquisition of Rights of Access

 

a)         Full Freeway.

 

1)         When lands are being acquired as rights of way and frontage roads are to be constructed or designated, access rights will also be acquired with the agreement or stipulation that the grantor's means of access to the freeway shall be by the way of the frontage road.

 

2)         When lands are not required as right of way from the abutting owner and no frontage road is to be constructed or designated through that area his rights of direct access will be completely extinguished by purchase or condemnation.

 

3)         Where lands are not required as right of way from the abutting owner, but a frontage road is to be constructed in front of his property it will not be necessary to acquire a release of access rights from such an owner. In such a case his access to the freeway will be limited to that by way of the frontage road and so enforced by the Department.

 

4)         Where an abutting owner's property lies between the freeway and an existing local road or street which has been designated as a local service drive or frontage road by the Department, the said owner's right of direct access will be acquired with the agreement or stipulation that his means of access to the freeway shall be by way of the said frontage road.

 

5)         Where an existing road or street immediately adjacent to the freeway is designated as a frontage road it will not be necessary to acquire release of access rights from owners of lands abutting the said existing road or street.  In such cases access to the freeway will be limited to that by way of the said existing road or street and so enforced by the Department.

 

b)         Modified Freeway.

 

1)         Agricultural and Residential Properties.

 

A)        When lands are being acquired as rights of way and frontage roads are not to be constructed or designated, access rights will also be acquired with the agreement or stipulation designating one point of direct access to the freeway from the abutting property for agricultural and/or residential purposes only, provided that the Department has determined that such point of access is necessary.  The Department will specify the design and location of the means of such access; will construct the physical facility therefor; and will enforce the terms and conditions of use thereof.

 

B)        When lands are not required as right of way from the abutting owner and frontage roads are not to be constructed or designated, his access rights will be acquired with the agreement or stipulation designating one point of access to the freeway from the abutting property for agricultural and/or residential purposes only, provided that the Department has determined that such point of access is necessary.  The Department will specify the design and location of the means of such access; will construct the physical facility therefor; and will enforce the terms and conditions of use thereof.  The means of such access may be an existing entrance.

 

C)        Where an abutting owner's property lies between the freeway and an existing local road or street which has been designated as a local service drive or frontage road by the Department, the said owner's right of direct access will be acquired with the agreement or stipulation that his means of access to the freeway shall be by way of the said frontage road.

 

D)        Where an existing road or street immediately adjacent to the freeway is designated as a frontage road it will not be necessary to acquire a release of access rights from owners of land abutting the said existing road or street.  In such cases access to the freeway will be limited to that by way of the said existing road or street and so enforced by the Department.

 

2)         Commercial Areas.  When lands are being acquired as rights of way, access rights will also be acquired with an agreement or stipulation depending upon conditions as follows:

 

A)        When the grantor's property also fronts on a road or street intersecting the freeway, access to the freeway will be by way of said intersecting road.  The distance along the said intersecting road from the near edge of the nearest traffic lane of the freeway through pavement to the point of entrance turnout shall be not less than the established minimum as specified by the Department's pattern of access control.

 

B)        When the grantor's property does not front on an intersecting road or street and no frontage road is to be constructed through that area, his commercial access will be completely extinguished and by agreement or stipulation one point of access for agricultural or residential purposes will be designated if the grantor so requests.  The Department will specify and enforce the terms and conditions thereof.

 

C)        Where a frontage road is to be constructed in front of the owner's property his access to the freeway will be limited to that by way of the frontage road and so enforced by the Department.

 

D)        Where lands are not required as rights of way for the freeway from abutting owner, rights of access will be acquired upon the conditions as outlined at (A) and (B) immediately above.

 

E)        Where lands are not required as rights of way for the freeway from the abutting owner, but a frontage road is to be constructed in front of his property, it will not be necessary to acquire a release of access rights from such an owner.  In such a case his access to the freeway will be limited to that by way of the frontage road and so enforced by the Department.

 

Section 562.50  Enforcement of Access Control

 

a)         Initiating Control.

 

1)         Where frontage roads are to be constructed or designated, the Department will initiate control of access immediately upon completion of the construction of the frontage road and/or its connection with the fully or partially completed freeway.

 

2)         Where frontage roads are not to be constructed or designated and where access rights have been acquired, the Department will initiate control of access immediately upon the acquisition of such access rights.

 

3)         Access control will be initiated and enforced in the following manner:

 

A)        The property owner will be given a written notice by the Department that immediately after the expiration of fifteen (15) days from the date of the notice that the said access control will be in effect and that he should comply with it promptly.

 

B)        If the grantor does not comply with the terms of the notice the Department will enforce the said access control by placing physical barriers within the limits of the right of way in such manner that the said access control will be accomplished.

 

b)         Elimination of Unlawful Means of Access to the Freeway.  Whenever an abutting property owner's means of access to any freeway has been unlawfully established, the Department will notify the said owner in writing to the effect that he vacate the said unlawful means of access at once, and further, that if he does not comply with the terms of the notice that the Department will eliminate the said unlawful means of access immediately after the expiration of fifteen (15) days from the date of the notice by placing physical barriers within the limits of the right of way in such manner that the said unlawful means of access will be eliminated.

 

c)         Closing of Unauthorized Road or Street at Freeway Line.  Whenever a new highway, road, street, alley, or other public way shall have been opened into or connected with any freeway by an individual, or by the acts of one or more township, county, village or city officials without first procuring in writing the consent of the Department of Transportation the said Department will notify, in writing, such individual or the proper official of the township, county, village or city in which the said intersection is located that they take steps to immediately close the said public way at its intersection with the freeway right of way line, and further, that if they do not comply with the terms of the notice that the Department will close the said road, street or alley immediately after the expiration of fifteen (15) days from the date of the notice by placing physical barriers along the freeway right of way line in such manner that the said public way will be closed at the freeway line.