§ 18-3-203. ACCESS WHERE FREEWAY DIVIDES PROPERTY HELD BY ONE OWNER.

(a)

County may provide access. If in the establishment of a freeway, real property held under one ownership is severed by the freeway, the county may provide for access across the freeway from one tract to the other, either at grade or below grade, on conditions that the county prescribes.

(b)

Termination. If at any time the tracts cease to be held under one ownership, the county may terminate and discontinue the access road or roads.

(c)

Use and restrictions. In acquiring lands, property, rights-of-way, franchises, easements, and other property used for the purposes described in this subtitle, the county shall fully and properly acquaint the owners of the lands, property, rights-of-way, franchises, easements, and other property with the use and restrictions of the property.

(d)

No roadside business. A person may not use a connecting road that provides access across a freeway for land for or in connection with the conduct of any roadside business or enterprise.

(e)

Land partly in another jurisdiction. In the case of real property held under one ownership and located partly in the county and partly in another jurisdiction, no commercial enterprise may be conducted and no commercial traffic is allowed on any freeway or county road which provides access to the real property, unless the real property is zoned for commercial use in each jurisdiction.

(1988 Code, § 31-122) (Bill No. 3, § 2, 3-30-1990; Bill No. 207, 1990, § 1; Bill No. 66-01, § 2, 7-1-2004)