Printable Format68-1901. Definitions. When used in this act:
(a) "A controlled access facility" means a highway, road or street especially designed to expedite and control through and local traffic, and over, from or to which highway, road or street, owners or occupants of abutting property shall have only a controlled right or easement of access, light, air or view. Such highways, roads or streets may be opened to use by all customary forms of street and highway traffic, or they may be parkways from which designated vehicles shall be excluded.
(b) "Highway authorities" means the secretary of transportation and the board of county commissioners of any county or governing body of any incorporated city acting individually or collectively.
(c) "Frontage road" means a highway, road or street which is auxiliary to and located on the side of another highway, road or street for service to abutting property and adjacent areas and for control of access to such other highway, road or street.
History: L. 1953, ch. 307, § 1; L. 1975, ch. 427, § 167; August 15.
Law Review and Bar Journal References:
Case in annotation No. 1 below discussed in 1957-59 survey of law of damages, David Prager, 8 K.L.R. 257, 262, 263 (1959).
Subsection (c) mentioned; control of access by frontage roads, 11 K.L.R. 388, 392 (1963).
Mentioned in "Survey of Kansas Law: Real and Personal Property," Deanell R. Tacha, 27 K.L.R. 283, 291 (1979).
CASE ANNOTATIONS
1. Petition to enjoin limiting of plaintiff's access considered; demurrer properly overruled. Franks v. State Highway Commission, 182 Kan. 131, 133, 134, 135, 319 P.2d 535.
2. Condemnation for new highway; loss of business resulting from nonaccess and traffic diversion considered in determining value of portion of property not condemned. Riddle v. State Highway Commission, 184 Kan. 603, 604, 609, 610, 611, 626, 628, 635, 339 P.2d 301.
3. Right of access is property right; compensation necessary to take; extent of right. Atkinson v. State Highway Commission, 184 Kan. 658, 663, 339 P.2d 334.
4. Existing highway; right of access, taking, measure of damages, regulation, etc.; statutes construed. Smith v. State Highway Commission, 185 Kan. 445, 447, 452, 456, 346 P.2d 259.
5. Designation of newly established highway as controlled access facility is an exercise of police power. Moore v. State Highway Commission, 191 Kan. 624, 629, 383 P.2d 549.
6. New concept of right of access of owners of land abutting limited access facility recognized. Brock v. State Highway Commission, 195 Kan. 361, 363, 369, 373, 375, 404 P.2d 934. Overruling Franks v. State Highway Commission, 182 Kan. 131, 319 P.2d 535 and Atkinson v. State Highway Commission, 184 Kan. 658, 339 P.2d 334.
7. Access rights to service station taken in proceeding under K.S.A. 26-201; compensable; distinguished from acquisition of controlled access facilities under this act. McCall Service Stations, Inc. v. City of Overland Park, 215 Kan. 390, 394, 395, 396, 524 P.2d 1165.
8. Action of city in changing street to controlled access facility constituted taking private property for public use; compensation required. Teachers Insurance & Annuity Ass'n, of America v. City of Wichita, 221 Kan. 325, 327, 330, 333, 334, 559 P.2d 347.