Ohio Rev. Code » Chapter 5511
Ohio Revised Code

Ohio Rev. Code § 5511.02 (2026)

Limited access highways and freeways

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Effective:
June 30, 2017
Latest Legislation:
House Bill 26 - 132nd General Assembly
PDF:
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(A)(1) The director of transportation may lay out, establish, acquire, open, construct, improve, maintain, regulate, vacate, or abandon limited access highways or freeways in the same manner in which the director may lay out, establish, acquire, open, construct, improve, maintain, regulate, vacate, or abandon highways. The director, board, or municipal authority shall have all additional authority relative to such limited access highways or freeways as the director possesses relative to highways, including the authority to acquire by gift, purchase, condemnation, or otherwise land required for right of way.

(2) Prior to the director establishing any road, highway, or street as a limited access highway or freeway, the director shall provide notice in the same manner as the director provides notice of a road closure. The director shall, at a minimum, publish notice of the proposal at least twice in a newspaper of general circulation in each county where the limited access highway or freeway is proposed to be established. The director also shall provide the notice to each statewide organization that represents farmers within this state at least four weeks prior to taking action on the proposal. The notice shall include all of the following information:

(a) The location of the proposed limited access highway or freeway;

(b) The manner by which comments regarding the proposal may be submitted, as established by the director;

(c) The date by which comments must be received, which shall be not less than thirty days after the last date of publication in a newspaper of general circulation.

(B) Where an existing highway, in whole or part, has been designated as, or included within, a limited access highway or freeway, existing easements of access may be extinguished by purchase, gift, agreement, or by condemnation.

(C) As an adjunct of any limited access highway or freeway the director, board, or municipal authority may lay out and construct highways and drives, to be designated as service highways, to provide access from areas adjacent to a limited access highway or freeway.

(D) A "limited access highway" or "freeway" is a highway especially designed for through traffic and over which abutting property owners have no easement or right of access by reason of the fact that their property abuts upon such highway, and access to which may be allowed only at highway intersections designated by the director.

(E) Limitations imposed on the mileage of state highways shall not apply to highways established under this section.
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1955–2024 · leading case: State ex rel. New Wen, Inc. v. Marchbanks (Slip Opinion), 2020-Ohio-63, 146 N.E.3d 545.
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State ex rel. New Wen, Inc. v. Marchbanks (Slip Opinion), 2020-Ohio-63, 146 N.E.3d 545. · cites it 23× “{¶ 27} Finally, the dissent invokes R.C. 5511.02 to suggest that New Wen (as Olmsted’s successor-in-title) has no right of access to S.”
Citizens Organized to Defend the Env't, Inc. v. Volpe, 353 F. Supp. 520 (S.D. Ohio 1972). · cites it 6× “Additionally, § 5511.02, Ohio Revised Code contains the relevant restrictions found in §§ 5535.”
Miller v. Berryhill Nursery-Co., 218 N.E.2d 467 (Ohio Ct. App. 2d Dist. 1966). · cites it 2× “) “Section 5511.02 R. C. deals specifically with ‘limited access highways’ and ‘freeways.”
Kerns v. Hale, 2024-Ohio-2061, 244 N.E.3d 679. “1960), quoting R.C. 5511.02 (D). Consequently, “[p]edestrians, except in emergency situations * * * are prohibited within the limits of a freeway (R.”
Dir. of Highways v. Kramer, 23 Ohio App. 2d 219 (Ohio Ct. App. 1970). · cites it 4× “” Further, Section 5511.02 of the Revised Code states: “The Director of Highways may lay out, establish, acquire, open, construct, improve, maintain, regulate, vacate, or abandon ‘limited access highways’ or ‘freeways’ in the same manner in which the director may lay out,…”
Tracey v. Preston, Dir., 181 N.E.2d 479 (Ohio Ct. App. 3d Dist. 1960). · cites it 4× “The solution to the questions here presented depends in large part on the construction of the third paragraph of Section 5511.02, Revised Code, which reads as follows: “As an adjunct of any ‘limited access highway’ or ‘freeway’ the director * * * may lay out and construct…”
State v. Vogel, 161 N.E.2d 449 (Ohio Ct. App. 1958). · cites it 2× “01, Revised Code, the Legislature undertook to define its meaning of the word “road” or “highway” when it legislated on limited-access highways in Section 5511.02, Revised Code. Although we are not here primarily concerned with the latter-mentioned section of the Code,…”
In re Appropriation for High. Purposes, 202 N.E.2d 720 (Ohio Ct. App. 1963). · cites it 6× “The appellees claim, and the trial court apparently concluded, that the Director of Highways has no authority to appropriate land in fee simple for limited-access highways or freeways for the reason that Sections 5511.02 and 5535.03, Revised Code, which pertain specifically to…”
Niekamp v. Linzell, 167 Ohio St. (N.S.) 350 (Ohio 1958). · cites it 4× “Under the provisions of Section 5511.02, Revised Code, is the defendant Director of Highways impliedly authorized to close or vacate a township road incident to the construction of a limited access highway? It is agreed that county commissioners are expressly authorized to close…”
Masheter v. Grunder, 244 N.E.2d 520 (Ohio Ct. App. 1968). · cites it 2× “93, Stark County, Ohio, which highway has been declared a limited access highway of freeway, in accordance with Section 5511.02 of the Revised Code of Ohio, and recorded on August 2, 1962, in Volume 47, Page 791, of the Journal of the Director of Highways.”
Masheter v. Diver, 246 N.E.2d 567 (Ohio Ct. App. 1969). · cites it 2× “93, Stark County, Ohio, which highway has been declared a limited access highway or freeway, in accordance with Section 5511.02 of the Revised Code of Ohio, and recorded on August 2, 1962, in Volume 47, page 791, of the Journal of the Director of Highways.”
Rothwell v. Linzell, 163 Ohio St. (N.S.) 517 (Ohio 1955). · cites it 2× “Under the provisions of Section 1178-21, General Code (Section 5511.02, Eevised Code), it must be a thoroughfare “especially designed for through traffic and over which abutting property owners have no easement or right of access by reason of the fact that their property abuts…”
Show all 13 citing cases →
Ohio Rev. Code § 5511.02(A)(1): 1 case
State ex rel. New Wen, Inc. v. Marchbanks (Slip Opinion), 2020-Ohio-63, 146 N.E.3d 545. “{¶ 27} Finally, the dissent invokes R.C. 5511.02 to suggest that New Wen (as Olmsted’s successor-in-title) has no right of access to S.”
Ohio Rev. Code § 5511.02(B): 1 case
State ex rel. New Wen, Inc. v. Marchbanks (Slip Opinion), 2020-Ohio-63, 146 N.E.3d 545. “{¶ 27} Finally, the dissent invokes R.C. 5511.02 to suggest that New Wen (as Olmsted’s successor-in-title) has no right of access to S.”
Ohio Rev. Code § 5511.02(D): 1 case
State ex rel. New Wen, Inc. v. Marchbanks (Slip Opinion), 2020-Ohio-63, 146 N.E.3d 545. “{¶ 27} Finally, the dissent invokes R.C. 5511.02 to suggest that New Wen (as Olmsted’s successor-in-title) has no right of access to S.”
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