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36 that the Oregon DOT could unilaterally "release" or con- regardless of the methods used the management of access vey back access control where reservations of access exist control should consider the following: to adjacent property owners without their consent. In effect, the properties that have reservations of accesses The agency should be aware that the acquisition of par- may have an elevated right beyond just the abutters right tial access control and a separate driveway permitting of access. It may mean that the agency will be in a position process result in the use of both eminent domain and where it approves each application for a driveway at a police power authority. It may be difficult to distinguish reservation of access along its facilities even though it vio- where the one ends and the other begins. This often lated their driveway spacing standard and only deny a leads to complexities for the agency, the adjacent prop- request for a driveway at a reservation of access to those erty owner, and the courts. highways where it is dictated by traffic volumes, speeds, The program should have a clear understanding of the and safety concerns. It may be more difficult and expen- access control approach and should educate agency sive for the agency when they reconstruct or modernize a staff, landowners, and other involved parties. section of highway with a goal of achieving their existing Openings in the partial access control line convey an driveway spacing standards. understanding that a driveway will be allowed at that specific location; therefore, openings should only be allowed where the agency can approve a driveway. LESSONS LEARNED A stated width of the opening in the access control line can provide the transportation agency with the ability to The case studies from Montana, Ohio, and Oregon illustrate only allow driveways consistent with the width of the the variety of experiences and the directions that state agen- opening. cies are taking. All three states had similar programs of The program should consider the future and changing access acquisition in the past. In Oregon, the courts and leg- characteristics of the facility and have a plan to address the changing access needs. islature have set clear direction that an opening in an access A program should also include a process for openings control line results in a property right that is more significant in the partial access control line to be revised in the than an abutter's right of access. Owing to particular chal- event that access spacing standards are adopted or mod- lenges with its program in Montana, the state is moving ified by the agency. toward a police powers approach of access control. In the Considerable thought should be given to the legal cases in Oregon and Montana, the access rights that were description that defines the opening or break in the access acquired have prevented access to the state highway; control line. The meaning or intent of the description the problems in the two states have almost always arisen may tend to evolve over time and may grant more rights where the agency allowed an opening or openings in the to the property owner than was originally intended. access control line. The experience in Ohio has shown that A statute or agency policy should define if a property the acquisition of partial access control has been successful owner will be allowed a driveway at each opening in the and has allowed the DOT to limit roadside use based on the partial access control line when they have other access width of the opening that was originally provided to the abut- to the highway or some other means of reasonable ting property owner. It is clear from the case studies that access to the property.