2007 Minnesota Statutes

160.08 MS 1953 [Repealed, 1957 c 943 s 72]
160.08 CONTROLLED ACCESS.
    Subdivision 1. Plans. The road authorities of the state, counties or cities acting either
alone, or in cooperation with each other, or with any federal agency, or with any other state or
subdivision of another state having authority to participate in the construction or maintenance
of highways are authorized to plan for the designation, establishment, location, relocation,
improvement, and maintenance of controlled-access highways for public use whenever the road
authorities determine that traffic conditions, present or future, will justify such highways.
    Subd. 2.[Repealed, 1969 c 312 s 8]
    Subd. 3. Traffic control. Such road authorities are authorized to so design any
controlled-access highway, and to so regulate, restrict, or prohibit access as to best serve the traffic
for which the highway is intended. Such road authorities are authorized to divide and separate
any controlled-access highway into separate roadways by the construction of raised curbings,
central dividing sections, or other physical separations, or by designating the separate roadways
by signs, markers, stripes, or other devices. No person shall have any rights of ingress or egress
to, from, or across controlled-access highways to or from abutting lands, except at the designated
points or roadways thereof where access is permitted by such road authorities upon such terms
and conditions as such road authorities specify.
    Subd. 4. Acquisition of property. Property rights, including rights of access, air, view, and
light, may be acquired by said road authorities with respect to both private and public property
by purchase, gift, or condemnation.
    Subd. 5. Elimination of grade intersections; additional access; compensation. Such road
authorities may locate, establish, and construct controlled-access highways, or may designate and
establish an existing street or highway as a controlled-access highway. Such road authorities are
authorized to provide for the elimination of grade intersections of controlled-access highways
with other existing streets or highways of any kind or nature whatsoever. The elimination may be
accomplished by the construction of grade separations, or the construction of an outer lane as
part of the controlled-access highway, or by closing off streets or highways at the right-of-way
boundary of the controlled-access highway. When an outer lane is constructed, the abutting owners
shall have access to the outer lane unless the petition and notice in condemnation, or the highway
deed in cases of purchase, clearly specifies that the right of access to the outer lane has been
acquired. After the establishment of any controlled-access highway no other street or highway or
private entry shall be opened into or connected with any controlled-access highway without the
consent and prior approval of the road authority having jurisdiction over the controlled-access
highway. The consent and approval shall be given only if the public interest shall be served
thereby. In the case of any elimination of existing access, air, view, light, or other compensable
property rights, the owner shall be compensated for the loss by purchase or condemnation.
    Subd. 6. Construction limited. None of the provisions contained herein shall be construed
to limit, restrict, or nullify any rights or easements of access heretofore acquired by the state
or any of its political subdivisions.
    Subd. 7. No commercial establishment within right-of-way; exceptions. No commercial
establishment, including but not limited to automotive service stations, for serving motor vehicle
users shall be constructed or located within the right-of-way of, or on publicly owned or publicly
leased land acquired or used for or in connection with, a controlled-access highway; except that
(1) structures may be built within safety rest and travel information center areas; (2) space within
state-owned buildings in those areas may be leased for the purpose of providing information to
travelers through advertising as provided in section 160.276; (3) advertising signs may be erected
within the right-of-way of interstate or controlled-access trunk highways by franchise agreements
under section 160.80; (4) vending machines may be placed in rest areas, travel information
centers, or weigh stations constructed or located within trunk highway rights-of-way; and (5)
acknowledgment signs may be erected under sections 160.272 and 160.2735.
History: 1959 c 500 art 1 s 8; 1973 c 123 art 5 s 7; 1980 c 494 s 5; 1984 c 417 s 1; 2004
c 295 art 2 s 1