§ 136-89.52. Acquisition of property and property rights.
§136‑89.52. Acquisition of property and property rights.
For the purposes of thisArticle, the Department of Transportation may acquire private or publicproperty and property rights for controlled‑access facilities and serviceor frontage roads, including rights of access, air, view and light, by gift,devise, purchase, or condemnation in the same manner as now or hereafterauthorized by law to acquire such property or property rights in connectionwith highways. The property rights acquired under the provisions of thisArticle may be in fee simple or an appropriate easement for right‑of‑wayin perpetuity. In connection with the acquisition of property or propertyrights for any controlled‑access facility or portion thereof, or frontageroad in connection therewith, the Department of Transportation may, in itsdiscretion, with the consent of the landowner, acquire an entire lot, parcel,or tract of land, if by so doing, the interests of the public will be bestserved, even though said entire lot, parcel, or tract is not immediately neededfor the right‑of‑way proper.
Along new controlled‑accesshighway locations, abutting property owners shall not be entitled to access tosuch new locations, and no abutter's easement of access to such new locationsshall attach to said property. Where part of a tract of land is taken oracquired for the construction of a controlled‑access facility on a newlocation, the nature of the facility constructed on the part taken, includingthe fact that there shall be no direct access thereto, shall be considered indetermining the fair market value of the remaining property immediately afterthe taking. (1957, c. 993, s. 5; 1969, c. 946; 1973, c. 507, s. 5;1977, c. 464, s. 7.1.)