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APPENDIX III

Model Limited Access Highway Law

Recommended by the Public Roads Administration, Federal Works Agency

AN ACT To provide for the planning, designation, establishment, use, regulation, alteration, improvement, maintenance, and vacation of limited access facilities; the acquisition of lands required therefor, the restriction of intersections and control of approaches; the establishment of local service roads; the prohibition of certain acts thereon and provision for penalties therefor; and for other purposes.

Section 1. Declaration of Policy.—The legislature hereby finds, determines, and declares that this Act is necessary for the immediate preservation of the public peace, health, and safety, and for the promotion of the general welfare.

Sec. 2. Definition of a Limited Access Facility.—For the purposes of this Act, a limited access facility is defined as a highway. or street especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a limited right or easement of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. Such highways or streets may be parkways, from which trucks, busses, and other commercial vehicles shall be excluded; or they may be free ways open to use by all customary forms of street and highway traffic.

Sec. 3. Authority to Establish Limited Access Facilities.—The highway authorities of the State, counties, cities, towns, and villages, acting alone or in cooperation with each other or with any Federal, State, or local agency of any other State having authority to participate in the construction and maintenance of highways, are hereby authorized to plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide limited access facilities for public use wherever such authority or authorities are of the opinion that traffic conditions, present or future, will justify such special facilities—Provided, That within cities and villages such authority shall be subject to such municipal consent as may be provided by law. Said highway authorities of the State, counties, cities, villages, and towns, in addition to the specific powers granted in this act, shall also have and may exercise, relative to limited access facilities, any and all additional authority now or hereafter vested in them relative to highways or streets within their respective jurisdictions. Said units may regulate, restrict, or prohibit the use of such limited access facilities by the various classes of vehicles or traffic in a manner consistent with section 2 of this Act.

Sec. 4. Design of Limited Access Facility.—The highway authorities of the State, county, city, town, and village are authorized to so design any limited access facility and to so regulate, restrict, or prohibit access as to best serve the traffic for which such facility is intended; and its determination of such design shall be final. In this

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