Limited-access roads may be so designed as to regulate, restrict, or prohibit access thereto so as to best serve the traffic for which such facility is intended. The authority designating and establishing any limited-access road is authorized to divide and separate such highway into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations or by designating such separate roadways by signs, markers, or stripes; to designate the proper lanes for traffic moving in opposite directions; and to prohibit the making of turns at specified points. The designating authority may recommend to the commissioner of public safety or, if the roads in question are in a municipality, to the municipality that there be fixed on such roads and on the separate lanes thereof such rates of speed as are deemed in the public interest. No person shall have any right of ingress to or egress from or passage across any limited-access road to or from abutting lands except at the designated points to which access may be permitted and under such arrangements and conditions as may be specified from time to time.

(Ga. L. 1955, p. 559, § 4; Code 1933, § 95A-937, enacted by Ga. L. 1973, p. 947, § 1.)

JUDICIAL DECISIONS

Property condemned for limited access highway.

- In view of this section and the ruling in Department of Transp. v. Hardin, 231 Ga. 359, 201 S.E.2d 441 (1973), no right of access to the limited-access highway exists in one whose property is condemned for a highway. State Hwy. Dep't v. Kinsey, 131 Ga. App. 770, 206 S.E.2d 835 (1974) (see O.C.G.A. § 32-6-113).

Contiguous landowners have no right of access to limited access highways.

- This provision has effect of preventing a property right of access from arising for benefit of contiguous landowners in newly created limited access highway. DOT v. Hardin, 231 Ga. 359, 201 S.E.2d 441 (1973) (see O.C.G.A. § 32-6-113).

No condemnation necessary when no prior right of access.

- Condemnor creating limited access highway does not have to condemn a purported "right of access" when none has previously existed. DOT v. Hardin, 231 Ga. 359, 201 S.E.2d 441 (1973).

RESEARCH REFERENCES

ALR.

- Right of fee owner to use highway for agricultural or grazing purposes, 145 A.L.R. 1356.

Laws of road or traffic regulation as affected by closing of street or highway to general public or restriction of its use to special class of persons, 157 A.L.R. 1164.

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2018 Georgia Code 32-6-113 | Car Wreck Lawyer

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 6. Regulation of Maintenance and Use of Public Roads Generally, 32-6-1 through 32-6-248.