Limited Access Highways

Freeways or Limited Access Highways
compiled by Walter Kenaston

"Limited access" refers to right of access rather than access itself. (Search USCA, for example, and examine the usage of this term.) The restriction of access is "controlled-access". The interstate highways are properly termed the "National System of Interstate of Defense Highways" and are limited access roads, with rights of access granted by the Director of Transportation according to requirements set by the Federal Highway Administrator. See 49 USC 104.

23 USC 101 - Definitions and declaration of policy

(a) Definitions.
(13) Interstate System. - The term ''Interstate System'' means the Dwight D. Eisenhower National System of Interstate and Defense Highways described in section 103(c).
(16) National Highway System. - The term ''National Highway System'' means the Federal-aid highway system described in section 103(b).

(b) It is hereby declared to be in the national interest to accelerate the construction of the Federal-aid highway systems, including The Dwight D. Eisenhower System of Interstate and Defense Highways, since many of such highways, or portions thereof, are in fact inadequate to meet the needs of local and interstate commerce, for the national and civil defense.
It is hereby declared that the prompt and early completion of The Dwight D. Eisenhower System of Interstate and Defense Highways, so named because of its primary importance to the national defense and hereafter referred to as the ''Interstate System'', is essential to the national interest and is one of the most important objectives of this Act. It is the intent of Congress that the Interstate System be completed as nearly as practicable over the period of availability of the forty years' appropriations authorized for the purpose of expediting its construction, reconstruction, or improvement, inclusive of necessary tunnels and bridges, through the fiscal year ending September 30, 1996, under section 108(b) of the Federal-Aid Highway Act of 1956 (70 Stat. 374), and that the entire system in all States be brought to simultaneous completion. Insofar as possible in consonance with this objective, existing highways located on an interstate route shall be used to the extent that such use is practicable, suitable, and feasible, it being the intent that local needs, to the extent practicable, suitable, and feasible, shall be given equal consideration with the needs of interstate commerce.
It is further declared that since the Interstate System is now in the final phase of completion it shall be the national policy that increased emphasis be placed on the construction and reconstruction of the other Federal-aid systems in accordance with the first paragraph of this subsection, in order to bring all of the Federal-aid systems up to standards and to increase the safety of these systems to the maximum extent.

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"A limited-access highway may be defined as a roadway designed particularly for the movement of through traffic, upon which cross traffic has been eliminated or severely curtailed, to which entrances and exits are strictly controlled, and in which abutting landowners have no easement or right of access different from that enjoyed by the general public. Such highways are sometimes called "freeways," "thruways," "expressways," "parkways," or "belt-lines." (43 ALR2d 1072,1073 fn. 1.) [Emphasis added.]

"And in Department of Public Works & Bldgs. v. Wolf (1953) 414 Ill 386, 111 NE2d 322, it was held that pre-existing rights of access to a highway would not be taken by the mere action of the state in declaring the highway a freeway and posting freeway signs along the boundary of the property, the court saying that such rights constituted valuable property which could not be taken without compensation." (43 ALR2d 1072,1075.) [Emphasis added.] [Therefore the general public has no right to the use of freeways.]

Limited-access road - Words and Phrases (only reference)

The term, a land service road, has been used to describe an ordinary highway intended primarily to enable abutting landowners to have access to the outside world as distinguished from the limited-access road designed primarily to move through traffic. Hedrick v. Graham (1957), 96 S.E.2d 129, 133-4. [Emphasis added.]

"A conventional road may be built with an intent to serve abutting owners, but a freeway is established with the opposite intent, and a resolution of the highway commission creating a freeway gives adequate notice that no new rights of access will arise unless specifically granted." Louis Schnider v. State of California (Feb. 21, 1952), 38 Cal2d 439, 241 P2d1 1, 43 ALR2d 1068, hn. 3.) [W&P, "Limited-access road", Hedrick v. Graham.] [Emphasis added.]

"Freeways are designed to provide rapid transit for through traffic, uninterrupted by vehicles or pedestrians from private roads and intersecting streets, and the word "freeway," as used in the Streets and Highways Code, means a highway with respect to which owners of abutting lands have no rights of access or only limited rights of access. Sts. & Hy. Code, § 23.5. The Streets and Highways Code furnishes ample authorization for the construction of a freeway on land where no public way existed before without creating rights to direct access in favor of other property which, prior to the new construction, had no such right of access." (Schnider v. State, (1952), 43 ALR2d 1068,1071, 38 Cal2d 439, 241 P2d1 1.) [Emphasis added.]

"When an ordinary or conventional road is built there may be an intent to serve abutting owners, but when a freeway is established the intent is just the opposite, and a resolution creating a freeway gives adequate notice that no new rights of access will arise unless they are specifically granted. See 3 Stanford L Rev [1951] 298, 300, 308." (Schnider v. State, (1952), 43 ALR2d 1068,1071, 38 Cal2d 439, 241 P2d1 1.) [Emphasis added.]

Contolled-access facility - Words and Phrases

A "controlled-access facility" may be broadly described as a superhighway which motorist can enter and leave only at designated interchanges, usually some miles apart. Arkansas State Highway Commission v. Union Planters Nat. Bank, Ark., 333 S.W.2d 904, 906.

Where business route of highway, on which land of landowner abutted prior to proposed reconstruction of highway of State Highway Commission, was a conventional, existing highway, and landowner had a special right of access and user in highway, and reconstruction of highway according to plans and specifications of commission would in fact limit and control access to landowner's land, reconstruction of highway would convert highway into a "controlled-access facility" within meaning of statute, and landowner was entitled to compensation for limitation of his access rights. Laws 1956, c. 314, §§ 2(a, g), 3. Mississippi State Highway Commission v. Finch, Miss., 114 So.2d 673, 675.

Notes on Interstate Highways

T.C.A. [Tennessee] § 54-2001 et seq. relating to controlled-access highways is interpreted with this section [23 USC 111] creating interstate system of limited access highways. State ex rel. Moulton v. Williams, 1961, 343 S.W.2d 857, 207 Tenn. 695. (23 USCA § 111, nt. 1.)

Secretary had power to adopt regulation governing acquisition of highway rights-of-way and use of highway. Citizens Organized to Defend Environment, Inc. v. Volpe, D.C. Ohio 1972, 353 F.Supp. 520. (23 USCA § 111, nt. 3.)

Director of Transportation is limited in granting rights of access to freeways by requirements that approval for access to freeway must be obtained from the Federal Highway Administrator. Speedy Muffler King, Inc. v. Flanders, R.I.1984, 480 A.2d 413. (23 USCA § 111, nt. 4.)

Jurisdiction over federal constitutional claims, which might properly be asserted by individual plantiff in action challenging proposed construction of limited access expressway into downtown area of city, was attained by virtue of this section, where it was alleged that acts of nonfederal defendants were carried out under color of state law. James River v. Richmond Metropolitan Authority, D.C.Va. 1973, 359 F.Supp. 611, affirmed 481 F.2d 1280. (28 USCA § 1343, nt. 329.)

Where proposed limited access, divided highway was to border wilderness area, such close proximity of highway project to wilderness constituted a "use" of publicly owned recreation land for purposes of Department of Transportation Act section which prohibits approval of any project requiring the "use" of specified publicly owned land, including park land unless there is on feasible and prudent alternative. Conservation Soc. of Southern Vermont v. Secretary of Transp., D.C.Vt. 1978, 443 F.Supp. 1320. (49 USCA § 303, nt. 34.)