N.C. Gen. Stat. » Chapter 136
NC General Statutes

N.C. Gen. Stat. § 136-89.49 (2026)

Definitions

✓ current as of July 2026
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When used in this Article:

(1) "Department" means the Department of Transportation.

(2) "Controlled-access facility" means a State highway, or section of State highway, especially designed for through traffic, and over, from or to which highway owners or occupants of abutting property, or others, shall have only a controlled right or easement of access.

(3) "Frontage road" means a way, 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 the control of access to such other highway, road or street. (1957, c. 993, s. 2; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)

 

Notes of Decisions
Cited in 11 cases, 1965–2015 · leading case: Pelham Realty Corp. v. Bd. of Transp., 279 S.E.2d 826 (N.C. 1981).
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Pelham Realty Corp. v. Bd. of Transp., 279 S.E.2d 826 (N.C. 1981). · cites it 2× “G.S. § 136-89.49(3) (1981), defines a frontage road as being “a way, a road or a street which is auxiliary to and located on the *434 side of another highway, road or street for service to abutting property and adjacent areas and for the control of access to such other highway,…”
North Carolina State High. Comm'n v. Asheville Sch., Inc., 173 S.E.2d 909 (N.C. 1970). · cites it 4× “Such a road is defined as “a way, 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 the control of access to such other highway, road or street.”
Ace-Hi, Inc. v. Dep't of Transp., 319 S.E.2d 294 (N.C. Ct. App. 1984). · cites it 2× “Clearly, then, “violation of the control of access” must ordinarily mean either some interference with the fences or other barriers along the right of way or the entrance onto or exit from the highway at other than the officially designated points.”
State High. Comm'n v. Greensboro City Bd. of Educ., 143 S.E.2d 87 (N.C. 1965). · cites it 2× “Chapter 136, Article 6D, reads in relevant part: “For the purposes of this article, the Commission may acquire private or public property and property rights for controlled-access facilities and service or frontage roads, including rights of access, air, view and light, by gift,…”
Dep't of Transp. v. Harkey, 301 S.E.2d 64 (N.C. 1983). “” G.S. 136-89.49. The new highway 220 will become a part of a full cloverleaf interchange with Interstate Highway 40 to the south of defendants’ property.”
Dep't of Transp. v. Craine, 365 S.E.2d 694 (N.C. Ct. App. 1988). “” G.S. 136-89.49. It is also the term for a limited access highway where the Department of Transportation (hereinafter DOT) acquires the legal right to cut off entirely the abutting owner’s right of direct access to and from the highway on which his property abuts.”
Dep't of Transp. v. BB & R, LLC, 775 S.E.2d 8 (N.C. Ct. App. 2015). · cites it 2× “Instead, the trial court clarified that when the State makes a road a closed access road that action is distinguishable from completely closing a portion of the road, as was done here. *15 *19 A controlled access highway is "a State highway, or section of State highway,…”
Kenco Petroleum Marketers, Inc. v. State High. Comm'n, 152 S.E.2d 508 (N.C. 1967). “G.S. 136-89.49 (2). *414 There can be no doubt of the authority of the State Highway Commission, upon its finding that the construction and use of a driveway, affording direct access from adjoining property onto such highway, would be or is an obstruction to the free flow of…”
Prestige Realty Co. v. State High. Comm'n, 160 S.E.2d 83 (N.C. Ct. App. 1968). “Highway 64 Bypass around the City of Statesville) at the location in question on this appeal is a controlled access highway (G.S. 136-89.49(2) ); and is so treated by both parties in this controversy.”
Pelham Realty Corp. v. Bd. of Transp., 272 S.E.2d 777 (N.C. Ct. App. 1980). · cites it 2× “G.S. 136-89.49(2) Now Department i.e., denied any access to any public road.”
North Carolina State High. Comm'n v. Mills Mfg. Co., 211 S.E.2d 460 (N.C. Ct. App. 1975). “136, entitled “Controlled-Access Facilities,” contains the following: G.S. 136-89.49: “Definitions. — When used in this.”
— N.C. Gen. Stat. § 136-89.49(2) — 4 cases
State High. Comm'n v. Greensboro City Bd. of Educ., 143 S.E.2d 87 (N.C. 1965). “Chapter 136, Article 6D, reads in relevant part: “For the purposes of this article, the Commission may acquire private or public property and property rights for controlled-access facilities and service or frontage roads, including rights of access, air, view and light, by gift,…”
Dep't of Transp. v. BB & R, LLC, 775 S.E.2d 8 (N.C. Ct. App. 2015). “Instead, the trial court clarified that when the State makes a road a closed access road that action is distinguishable from completely closing a portion of the road, as was done here. *15 *19 A controlled access highway is "a State highway, or section of State highway,…”
Prestige Realty Co. v. State High. Comm'n, 160 S.E.2d 83 (N.C. Ct. App. 1968). “Highway 64 Bypass around the City of Statesville) at the location in question on this appeal is a controlled access highway (G.S. 136-89.49(2) ); and is so treated by both parties in this controversy.”
Pelham Realty Corp. v. Bd. of Transp., 272 S.E.2d 777 (N.C. Ct. App. 1980). “G.S. 136-89.49(2) Now Department i.e., denied any access to any public road.”
— N.C. Gen. Stat. § 136-89.49(3) — 3 cases
Pelham Realty Corp. v. Bd. of Transp., 279 S.E.2d 826 (N.C. 1981). “G.S. § 136-89.49(3) (1981), defines a frontage road as being “a way, a road or a street which is auxiliary to and located on the *434 side of another highway, road or street for service to abutting property and adjacent areas and for the control of access to such other highway,…”
North Carolina State High. Comm'n v. Asheville Sch., Inc., 173 S.E.2d 909 (N.C. 1970). “Such a road is defined as “a way, 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 the control of access to such other highway, road or street.”
Pelham Realty Corp. v. Bd. of Transp., 272 S.E.2d 777 (N.C. Ct. App. 1980). “G.S. 136-89.49(2) Now Department i.e., denied any access to any public road.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.