Access Rights (2005) / Chapter Skim
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At-grade intersections or driveways onto Interstate highways have effectively been prevented in the approximately 50 years since the road system was constructed. All of the responding state agencies apply similar techniques of acquiring access rights along other types of highways and crossroads that intersect freeways as a means to limit access.
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An application for a driveway permit can be denied at this specific location without any compensation, if there is an alternate means of access. Responses to the synthesis questionnaire showed that property owners sometimes disagree and believe that specific language in a property deed relating to an access guarantees that a driveway will be allowed.
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The literature review revealed that courts have noted that it is sometimes difficult to make the distinction between the application of eminent domain, which is compensable, and regulatory authority under police power, which is not.
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