§ 1701. Declaration of policy
The General Assembly finds that limited access facilities in some areas are necessary
for the preservation of the public peace, health, and safety, and for the promotion
of the general welfare. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 1702. Definition of a limited access facility
For the purposes of this chapter, a “limited access facility” is defined as a highway
or street over, from, or to which owners, or occupants of abutting land, or any other
person have no right or easement, or only a limited right or easement, of access,
light, air, or view by reason of the fact that their property abuts upon the limited
access facility or for any other reason. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 1703. Authority to establish limited access facilities
(a) The Agency, with the approval of the Governor, and when appropriate in cooperation
with any federal, State, provincial, or local agency, or any other state or province
having authority to participate in the construction and maintenance of highways, may
plan, designate, establish, vacate, alter, improve, maintain, and provide limited
access facilities for public use wherever the Agency, with the approval of the Governor,
decides that the protection of existing businesses or traffic conditions, present
or future, will justify the special facilities. To the extent not preempted by the
Traffic Committee’s exercise of authority under 23 V.S.A. § 1004, the Agency may regulate limited access facilities. However, within cities and villages
the Agency’s authority under this section shall be subject to such municipal consent
as may be provided by law. Town highways may be designated as limited access using
this title after approval of the selectboard.
(b) The Agency and the Board shall have, relative to limited access facilities, the same
authority as they may at any time have relative to other highways within their jurisdiction.
(c) The Agency, with the approval of the Governor, may also make reasonable rules consistent
with this title for the installation, construction, maintenance, repair, renewal,
relocation, and removal of tracks, pipes, mains, conduits, cables, wires, towers,
poles, and other equipment and appliances, called “public utility equipment,” of any
public utility within any limited access facility.
(d) Whenever the Agency determines that it is necessary that any public utility equipment
located within any limited access facility should be relocated in the limited access
facility or removed from the facility, the public utility owning or operating the
equipment shall relocate or remove it in accordance with the order of the Agency.
The cost and expenses of the relocation or removal, including the cost of installing
reused or new equipment in a new location or new locations, and the cost of any lands,
or any rights or interests in lands, and any other rights, acquired to accomplish
the relocation or removal, shall be determined by the Agency and paid as part of the
cost of the limited access facility. The public utility may appeal the Agency’s cost
determination to the Board. The public utility owning or operating equipment that
has been relocated or removed, or its successors or assigns, may maintain and operate
the equipment, with the necessary appurtenances, in the new location or new locations,
for as long a period and upon the same terms and conditions, as it had the right to
maintain and operate the equipment in its former location. No utility may establish
its lines or properties within the right-of-way of a limited access facility, except
upon the conditions and terms prescribed by the Agency. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16; 1995, No. 183 (Adj. Sess.), § 18f, eff. May 22, 1996.)
§ 1704. Design of limited access facility
The Agency may design any limited access facility and regulate, restrict, or prohibit
access as to best serve the traffic for which the facility is intended. In this connection,
it may divide and separate any limited access facility into separate roadways by the
construction of raised curbings, central dividing sections or other physical separations,
or by designating the separate roadways by signs, markers, stripes, and other devices.
No person may pass to, from, or across limited access facilities from or to abutting
lands, except at such designated points as the Agency may permit and upon such terms
and conditions as it may specify. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16.)
§ 1705. Acquisition of property
The Agency or the town may acquire private or public property for limited access facilities
and service roads, including rights of access, air, view, and light, by gift, devise,
purchase, or condemnation in the same manner as it may acquire property for other
highways within its jurisdiction. It shall take title in fee simple when practical.
In connection with the acquisition of property for any limited access facility or
portion of a facility, or service road in connection with a facility, the Agency or
town may acquire an entire lot, block, or tract of land if, by so doing, the interests
of the public will be best served, even though the entire lot, block, or tract is
not immediately needed for the right-of-way. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16.)
§ 1706. Disposal of property
When any property acquired by the State for a limited access facility becomes no longer
necessary, the Agency, with approval of the Governor, may sell and convey it by deed
or lease. The proceeds from the sale or lease shall be deposited in the Transportation
Fund. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16.)
§ 1707. Precedence of condemnation proceedings
Court proceedings to acquire property for limited access facilities shall take precedence
over all other causes not involving the public interest in all courts, to the end
that completion of limited access facilities may be expedited. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 1708. New and existing facilities; grade crossing eliminations
(a) The Agency, with approval of the Governor, may designate and establish new facilities,
or existing highways, as included within a limited access facility. The Agency, with
approval of the Governor, may eliminate intersections at grade of limited access facilities
with existing State and town highways, by grade separation or service road, or by
closing off those highways at the right-of-way boundary line of the limited access
facility.
(b) After the establishment of any limited access facility, no highway that is not part
of the facility shall intersect it at grade. No highway or other public way may be
opened into or connected with any limited access facility without prior written consent
and approval of the Board. Its approval and consent shall be given only if the Board,
after conducting a public hearing and giving due consideration to the technical recommendations
of the Agency, finds that the public interest will be served. Notice of the date,
time, and place of the public hearing shall be given to the Secretary of Transportation,
the legislative body of the municipality, the municipal planning commission, the regional
planning commission, and the Agency of Natural Resources and shall be published in
a newspaper having general circulation in the municipality in which the limited access
facility lies. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 17; 1997, No. 144 (Adj. Sess.), § 25.)
§ 1709. Local service highways
In the development of any limited access facility, the Agency may plan, designate,
establish, use, regulate, alter, improve, maintain, and vacate local service highways
or designate as local service highways any existing highway and may exercise jurisdiction
over local service highways in the same manner as over limited access facilities if
the local service highways are necessary or desirable. The local service highways
shall be separated from the limited access facility. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 17.)
§ 1710. Commercial enterprises prohibited
Commercial enterprises or activities for serving motorists, other than welcome centers
and emergency service for disabled vehicles, are prohibited within or on any property
designated as, or acquired for, or in connection with, a limited access facility. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 1711. Unlawful use of limited access facilities
A person shall not:
(1) drive a vehicle over, upon, or across any curb, central dividing section, or other
separation or dividing line on limited access facilities;
(2) make a left turn or a semicircular or U-turn except through an opening provided for
the purpose in the dividing curb section, separation, or line;
(3) drive any vehicle except in the proper lane provided for that purpose and in the proper
direction and to the right of the central dividing curb, separation section, or line;
nor
(4) drive any vehicle into the limited access facility from a local service road except
through an opening provided for that purpose in the dividing curb, section, or line
that separates the service highway from the limited access facility. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 366, eff. July 1, 2022.)
§ 1712. Penalty
A person who violates section 1711 of this title shall be imprisoned for not more than 90 days or fined not more than $100.00, or
both. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 1713. Reimbursement of towns for loss of taxes
A town whose grand list is reduced by reason of the State’s taking taxable real estate
for limited access facilities shall be reimbursed by the State annually to the amount
of taxes last assessed and payable on the real estate before the taking. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 18.)
§ 1714. Listers’ annual report
The listers of a town entitled to a payment under section 1713 of this title shall report annually the material facts involved, including the amount of the tax
loss by reason of the taking of real estate to the Agency, which, after determining
the amount of the tax loss, shall certify the loss to the listers. Costs of this
program shall be paid from the Transportation Fund. If the selectboard of a town
is aggrieved by the determination of the Board, it may, within 21 days after receipt
of notice by the listers, appeal to the tax commissioner. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 1715. Time limit
Sections 1713 and 1714 of this title shall continue in effect as to any town affected until its grand list times its tax
rate equals the grand list times the tax rate last preceding the date of the taking
of real estate by the State or for a period of five years, whichever date comes first. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 19.)