§ 136-89.53. New and existing facilities; grade crossing eliminations. - North Carolina Statutes

§136‑89.53.  New and existing facilities; grade crossing eliminations.

The Department ofTransportation may designate and establish controlled‑access highways asnew and additional facilities or may designate and establish an existing streetor highway as included within a controlled‑access facility. When anexisting street or highway shall be designated as and included within acontrolled‑ access facility the owners of land abutting such existingstreet or highway shall be entitled to compensation for the taking of or injuryto their easements of access. The Department of Transportation shall haveauthority to provide for the elimination of intersections at grade ofcontrolled‑access facilities with existing State highways and countyroads, and city and town streets, by grade separation or frontage road, or byclosing off such roads and streets, or other public ways at the right‑of‑wayboundary line of such controlled‑ access facility; and after theestablishment of any controlled‑access facility, no highway or streetwhich is not part of said facility shall intersect the same at grade. No streetor [of] any city or town  and no State highway, county road, or other publicway shall be opened into or connected with any such controlled‑accessfacility without the consent and previous approval of the Department ofTransportation. Such consent and approval shall be given only if the publicinterest shall be served thereby. (1957, c. 993, s. 6; 1973, c.507, s. 5; 1977, c. 464, s. 7.1.)