(A) If a proposed highway is declared to be a controlled-access highway, then there shall be no right of access by any abutting owner unless the right to access is specifically preserved in a deed for the property (which is to be used as the controlled-access highway), and no person, including an owner, shall have the right of access to or from the abutting land to or from the highway.
(B) No county employee, agent, or official may grant access to or from a controlled-access highway to an abutting owner; access shall be limited strictly to those situations authorized pursuant to § 92.102(C).
(C) If an existing highway is declared to be a controlled-access highway, then the owners of any abutting properties denied total access to or from the highway shall be entitled to relief:
(1) The county may provide access to the abutting property through other properties or over other public roads to allow ingress to and egress from the abutting property for vehicles reasonably expected to use the property under then current zoning:
(a) At its then current use; or
(b) If the property owner is able to establish at a hearing before the County Commissioners that a higher and better use could be made of the property under then current zoning, then the access provided shall be sufficient to allow that use, subject, however, to a contribution from the abutting owner for expenses the abutting owner would be or would have been required to pay for public improvements to gain such access.
(2) The county may purchase, either by sale or condemnation the abutting owner’s right of access.
(3) The county may effect a combination of either division (C)(1) or (C)(2) hereof.
(2004 Code, § 99-4) (Ord. 99-10, passed 7-1-1999)