connection such highway authorities are authorized to divide and separate any limited access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating such separate roadways by signs, markers, stripes, and the proper lane for such traffic by appropriate signs, markers, stripes, and other devices. No person shall have any right of ingress or egress to, from, or across limited access facilities to or from abutting lands, except at such designated points at which access may be permitted, upon such terms and conditions as may be specified from time to time.
Sec. 5. Acquisition Of Property And Property Rights.—For the purposes of this act, the highway authorities of the State, county, city, town, or village may acquire private or public property and property rights for limited access facilities and service roads, including rights of access, air, view, and light, by gift, devise, purchase or condemnation in the same manner as such units are now or hereafter may be authorized by law to acquire such property or property rights in connection with highways and streets within their respective jurisdictions. All property rights acquired under the provisions of this act shall be in fee simple.[1] In connection with the acquisition of property or property rights for any limited access facility or portion thereof, or service road in connection therewith, the State, county, city, town, or village highway authority may, in its discretion, acquire an entire lot, block, or tract of land, if by so doing, the interests of the public will be best served, even though said entire lot, block, or tract is not immediately needed for the right-of-way proper.
Sec. 6. Preference of Condemnation Cases.—Court proceedings necessary to acquire property or property rights for purposes of this Act shall take precedence over all other causes not involving the public interest in all courts, to the end that the provision of limited access facilities may be expedited.
Sec. 7. New and Existing Facilities; Grade Crossing Eliminations.—The highway authority of the State, county, city, town, or village may designate and establish limited access highways as new and additional facilities or may designate and establish an existing street or highway as included within a limited access facility. The State or any of its subdivisions shall have authority to provide for the elimination of intersections at grade of limited access facilities with existing State and county roads, and city and town or village streets, by grade separation or service road, or by closing off such roads and streets at the right-of-way boundary line of such limited access facility; and after the establishment of any limited access facility, no highway or street which is not part of said facility shall intersect the same at grade. No city, town, or village street, county or State highway or other public way shall be opened into or connected with any such limited access facility without the consent and previous approval of the highway authority in the State, county, city, town, or village having jurisdiction over such limited access facility. Such consent and approval shall be given only if the public interest shall be served thereby.
- ↑ It is sometimes difficult to obtain a fee-simple title where railraod interests are involved. In such instances, an appropriate easement in perpetuity may be satisfactory.
