NC General Statutes

N.C. Gen. Stat. § 136-89.55 (2026)

Local service roads

✓ current as of July 2026
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In connection with the development of any controlled-access facility the Department of Transportation is authorized to plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service or frontage roads and streets or to designate as local service or frontage roads and streets any existing road or street, and to exercise jurisdiction over service or frontage roads in the same manner as is authorized over controlled-access facilities under the terms of this Article, if in its opinion such local service  or frontage roads and streets are necessary or desirable; provided, however that after a local service or frontage road has been established, the same shall not be vacated or abandoned in such a manner as to reduce access to the facility without the consent of the abutting property owners or the payment of just compensation, so long as the controlled-access facility is maintained as such facility, and the Department of Transportation shall not have any authority to control or restrict the right of access of abutting property owners from their property to such local service or frontage roads or streets without the property owners' consent or the payment of just compensation, except such authority as the Department of Transportation has with respect to primary and secondary roads under the police power. Such local service or frontage roads or streets shall be of appropriate design, and shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable. (1957, c. 993, s. 8; 1969, c. 795; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)

 

Notes of Decisions
Cited in 2 cases, 1980–1981 · leading case: Pelham Realty Corp. v. Bd. of Transp., 279 S.E.2d 826 (N.C. 1981).
Pelham Realty Corp. v. Bd. of Transp., 279 S.E.2d 826 (N.C. 1981). · cites it 4× “After finding numerous facts, Judge Long made three conclusions of law: First, the Department has the authority, pursuant to G.S. § 136-89.55, to construct such service roads as in its opinion are necessary or desirable; second, the right-of-way which the Department seeks to…”
Pelham Realty Corp. v. Bd. of Transp., 272 S.E.2d 777 (N.C. Ct. App. 1980). · cites it 2× “Pursuant to G.S. 136-89.55, the Department of Transportation may construct such service road as in its opinion are [sic] necessary or desirable.”
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.