Ohio Revised Code

Ohio Rev. Code § 717.04 (2026)

Municipal establishment of limited access highways or freeways

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Municipal corporations may lay out, establish, acquire, open, construct, improve, maintain, regulate, vacate, or abandon "limited access highways" or "freeways" in the same manner in which such municipal corporations may lay out, establish, acquire, open, construct, improve, maintain, regulate, vacate or abandon a street or public highway. Municipal corporations also shall have all other additional authority relative to such highways or freeways as they possess relative to streets and highways including, the authority to acquire by gift, purchase, condemnation, or otherwise, land required for right of way.

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

As an adjunct of any limited access highway or freeway the municipal corporation may lay out and construct streets or highways, to be designated as service streets or highways, to provide access from areas adjacent to a limited access highway or freeway.

A limited access highway or freeway, as used in this section, is a street or highway especially designed for through traffic over which abutting property owners have no easement or right of access by reason of the fact that their property abuts upon such street or highway, and access to which may be allowed only at street or highway intersections designated by the municipal corporation.

As used in this section, "road" or "highway" includes bridges, viaducts, grade separations, appurtenances, and approaches on or to such road or highway.

Notes of Decisions
Cited in 2 cases, 1955–2005 · leading case: At & T CORP. v. Lucas Cnty., 381 F. Supp. 2d 714 (N.D. Ohio 2005).
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At & T CORP. v. Lucas Cnty., 381 F. Supp. 2d 714 (N.D. Ohio 2005). · cites it 2× “On December 6, 1999, AT & T submitted a Letter of Intent to “perform and conduct construction” under Superior Street and submitted a $100 payment per Section 717.04(a) of the Toledo Municipal Code for a “Permit to Install a Telecommunications System” and a $3,885 payment for an…”
State ex rel. Sun Oil Co. v. City of Euclid, 164 Ohio St. 265 (1955). “’ ’ By Sections 717.04 and 5535.03, Revised Code, municipal corporations are granted power to establish and construct limited access highways or freeways.”
Ohio Rev. Code § 717.04(a): 1 case
At & T CORP. v. Lucas Cnty., 381 F. Supp. 2d 714 (N.D. Ohio 2005). “On December 6, 1999, AT & T submitted a Letter of Intent to “perform and conduct construction” under Superior Street and submitted a $100 payment per Section 717.04(a) of the Toledo Municipal Code for a “Permit to Install a Telecommunications System” and a $3,885 payment for an…”
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