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44 NCHRP PROJECT 20-5 SYNTHESIS TOPIC 35-06 ACCESS RIGHTS QUESTIONNAIRE PURPOSE OF SYNTHESIS The purpose of this synthesis is to document the current state of the practice in the acquisition, management, and relinquish- ment of access rights throughout the United States. While acquisition of access rights has been used extensively along the Interstate System and other freeway and fully controlled roadways, there is a growing interest to use partial control of access along other important non-Interstate highways and arterials. This survey is a part of a National Cooperative Highway Research Program (NCHRP) Synthesis project, funded by various transportation agencies. In addition to the results of the survey, the final report will include a literature review, and may include case studies if submitted by the respondents. As a result of this effort, information regarding this topic should become more readily available to individuals and agencies interested or pursu- ing the control of access rights along non-Interstate highways and arterials. RESPONDING AGENCY/ORGANIZATION INFORMATION Please provide the following information to help us identify the specific agency or organization you are affiliated with and to contact you in the future regarding the outcome of this project. Agency/organization: _______________________________________________________________________________ Questionnaire completed by: _________________________________________________________________________ Position/title: ______________________________________________________________________________________ Address: _________________________________________________________________________________________ City: _________________________________ State: ______________________________ Zip: __________________ Telephone: ____________________________ E-mail: ____________________________________________________ Fax: _____________________________________________________________________________________________ PLEASE RETURN THE COMPLETED QUESTIONNAIRE BY MAIL, FACSIMILE, OR E-MAIL NO LATER THAN MARCH 31, 2004 TO: Del Huntington, P.L.S. Via Mail: Kittelson & Associates, Inc. Via Fax: (503) 273-8169 610 SW Alder, Suite 700 Portland, OR 97205 Via E-mail: dhuntington@kittelson.com If you have any questions regarding the questionnaire, please call Del Huntington at (503) 228-5230. Access rights: The legal ability of a property owner to either access or not access an adjacent roadway. Crossroads at interchanges: A roadway that crosses another roadway or freeway, is connected by ramps, and is secondary to the main highway. The crossroad may or may not be under the jurisdiction of another agency. Eminent domain: A legal power that allows a public agency to take property for public use provided an owner is compen- sated for his/her loss (A Policy on Geometric Design of Highways and Streets 2001). APPENDIX A Survey Questionnaire
45 Full control of access: Full control of access means that preference is given to through traffic by providing access connec- tions by means of ramps with only selected public roads and by prohibiting crossings at grade and direct private driveway con- nections. Generally, full access control is accomplished by legally obtaining the access rights from the abutting property own- ers (usually at the time of purchase of the right-of-way) or by the use of frontage roads (A Policy on Geometric Design of Highways and Streets 2001). Interstate freeways: Divided highways with all access limited to grade-separated interchanges. These highways are part of the Interstate System. Non-Interstate freeways: Divided highways with all access limited to grade-separated interchanges. These highways are not part of the Interstate System. Partial control of access: With partial control of access, preference is given to through traffic to a degree. Access connec- tions, which may be at-grade or grade-separated, are provided with selected public roads and private driveways. Generally, partial access control is accomplished by legally obtaining the access rights from the abutting property owners (usually at the time of purchase of the right-of-way) or by the use of frontage roads (A Policy on Geometric Design of Highways and Streets 2001). Police power: The authority of the governmental agency that owns or manages the roadway to regulate or restrict individual actions for the protection of health, safety, and general welfare of the public, including restrictions on access for adjacent prop- erty owners and the requirement that any and all persons seeking a driveway to the roadway go through an approval or per- mitting process. Non-Interstate highways and arterials: This consists of frontage roads, and divided and undivided roadways, usually with at-grade intersections. While other roadway connections and driveways are not always preferred, they may be allowed to access these facilities. The purpose of this questionnaire is not to focus on the Interstate freeways, toll roads, turnpikes, or other major roads that are normally fully access controlled (the exceptions are questions 3 and 4, which are meant for comparison purposes). Instead, the questionnaire is meant to determine how and when agencies purchase access rights along other roadways. In the event that access rights are acquired, the survey then seeks to determine how the access rights are managed within the agency. Finally, the survey seeks to determine if access rights are ever relinquished and, if so, the process that allows that to occur. This survey is divided into the following three parts: ⢠Acquisition of Access Rights ⢠Management of Access Rights ⢠Relinquishment of Access Rights Please check all that apply. Acquisition of Access Rights 1. a) Does your agency acquire access rights along non-Interstate highways and arterials? Full control of access? Yes No Partial control of access? Yes No b) Which of the following techniques does your agency use to determine whether or not access rights are required along non-Interstate highways and arterials? Please provide copies of or links to applicable materials. Statutes Rules Agency policies Corridor plans Design plans Individual analysis Other__________
46 c) If you acquire access rights along non-Interstate highways and arterials, who in your agency is responsible to ensure that access rights are acquired? Chief engineer R/W director Traffic engineer Project manager Planning manager Other__________ d) How do you acquire the access rights along non-Interstate highways and arterials? Statutory designation Purchase/eminent domain Other__________ e) If you are required to pay for the access rights along non-Interstate highways and arterials, how do you arrive at a value? Negotiation Appraisal Other__________ 2. a) Does your agency acquire access rights along crossroads at interchanges? Full control of access? Yes No Partial control of access? Yes No b) Which of the following techniques does your agency use to determine whether or not access rights are required along crossroads at interchanges? Please provide copies of or links to applicable materials. Statutes Rules Agency policies Corridor plans Design plans Individual analysis Other__________ c) If you acquire access rights along crossroads at interchanges, who in your agency is responsible to ensure that access rights are acquired? Chief engineer R/W director Traffic engineer Project manager Planning manager Other__________ d) How do you acquire the access rights along crossroads at interchanges? Statutory designation Purchase/eminent domain Other__________ e) If you are required to pay for the access rights along crossroads at interchanges, how do you arrive at a value? Negotiation Appraisal Other__________ Where you have acquired access rights along roadways, please rate the level of success (percentage of successes out of attempts) your agency had in preventing or precluding access to the roadway. Very Somewhat Somewhat Very Successful Successful Unsuccessful Unsuccessful 100%â75% 75%â50% 50%â25% 25%â0% N/A 3. Interstate freeways 4. Non-Interstate freeways 5. Other highways & arterials 6. Crossroads at interchanges
47 Management of Access Rights 7. Along non-Interstate highways and arterials, what other techniques do you use to limit or manage access? Police power Corridor designations Acquisition of development rights Land use controls Other techniques __________ 8. Along crossroads at interchanges, what other techniques do you use to limit or manage access? Police power Corridor designations Acquisition of development rights Land use controls Other techniques __________ 9. Where you own partial control of access and the abutting property owner has an opening in the access control line, do they have to ask permission to have a driveway at that location? Yes No N/A 10. Is your agency required to provide an abutting property owner with a driveway at each opening in the access control line? Yes No N/A 11. What happens when an adjacent property owner requests a driveway at an opening in the partial access control line, when the opening is not consistent with standards or agency policy? Request approved Request denied Request approved with modification Other __________ 12. If you deny a request for a driveway at an opening in the access control line where the agency owns partial control of access, are you required to pay compensation? Yes No Please explain. 13. If you do pay compensation when you deny a driveway request at an opening in the access control line, how do you arrive at a value? Negotiation Appraisal Other __________ 14. During acquisition of access rights, does your agency require coordination between the permitting staff and right-of-way staff? Yes No Please explain. 15. During permitting of driveways to the roadway, does your agency require coordination between the permitting staff and right-of way staff? Yes No Please explain. 16. Where your agency has acquired a right of access, how do you memorialize the decision? Property deed Electronic records R/W maps Spreadsheets Public record Agency record Other __________ 17. What controls do you have in place to ensure that agency staff does not approve a driveway in a location where the agency owns the access rights? No controls Policy direction Automated check Staff reporting system Voluntary if staff choose Other __________
48 18. Where your agency has acquired a right of access, how do you manage the records? Electronic records Electronic R/W maps Paper or hard copy R/W maps Paper tabulations Spreadsheets Paper or hard copy files Other __________ 19. If you own the access rights along a roadway, do you allow pedestrian or bicycle facilities to cross the access control line? Yes No Please explain. 20. In areas where the agency owns the access rights along the roadway, and the agency acquires additional right-of-way, does the access control automatically convert to a new location? Yes No 21. Are you required to negotiate access with a property owner when you determine a need for additional right-of-way where you previously owned access rights? Yes No Relinquishment of Access Rights 22. a) If your agency has acquired access rights from abutting properties, is there any process for a property owner to acquire an access right to the roadway at a later date along non-Interstate highways and arterials where you own: Full control of access? Yes No Partial control of access? Yes No b) Which of the following do you use to determine when and how to relinquish access rights along non-Interstate high- ways and arterials? Please provide copies of or links to applicable materials. Statutes Rules Agency policies Corridor plans Design plans Individual analysis Other __________ c) If you relinquish access rights along non-Interstate highways and arterials, who is responsible to administer this process for your agency? Chief engineer R/W director Traffic engineer Project manager Planning manager Other __________ d) If you relinquish access rights along non-Interstate highways and arterials to an abutting property owner, how do you determine the value? Negotiation Appraisal Other __________ e) If an access right is approved to a non-Interstate highway or arterial, will the property owner be ensured of being allowed to construct a driveway to the highway or arterial at this location? Yes No 23. a) If your agency has acquired access rights from abutting properties, is there any process for a property owner to acquire an access right to the roadway at a later date along crossroads at interchanges where you own: Full control of access? Yes No Partial control of access? Yes No
49 b) Which of the following techniques do you use to determine when and how to relinquish access rights along crossroads at interchanges? Please provide copies of or links to applicable materials. Statutes Rules Agency policies Corridor plans Design plans Individual analysis Other __________ c) If you relinquish access rights along crossroads at interchanges, who is responsible to administer this process for your agency? Chief engineer R/W director Traffic engineer Project manager Planning manager Other __________ d) If you relinquish access rights along crossroads at interchanges to an abutting property owner, how do you determine the value? Negotiation Appraisal Other __________ e) If an access right is approved, will the property owner be ensured of being allowed to construct a driveway to the cross- road at this location? Yes No 24. If your agency transfers ownership of a roadway to another agency where you had previously acquired access rights, what happens to the access rights? Remains with the agency Automatic transfer of ownership to the other agency Negotiation Other __________ 25. If another agency takes over the roadway, including the access rights that your agency previously owned, are they sub- ject to your rules, procedures, and/or policies in the management of those access rights? Yes No Other __________ Please provide any additional names and telephone numbers of contacts in your agency that are involved in access rights and/or permitting of driveways that we should contact for this synthesis project. Thank you very much for your time and participation in this synthesis study. Please return the completed survey by mail, facsimile, or e-mail by March 31, 2004 to: Del Huntington Phone: (503) 228-5230 Kittelson & Associates, Inc. Fax: (503) 273-8169 610 SW Alder, Suite 700 Email: dhuntington@Portland, OR 97205 Portland, OR 97205
