Title 32, Chapter 6, Section 133
( 32-6-133)
(a) The department is granted the authority to promulgate uniform
and reasonable regulations to carry out the provisions of this part.
In making such regulations the department shall specify among other
things the circumstances under which commercial driveway permits may
be issued or revoked, provided that such regulations shall not
deprive the landowner of reasonable access to the public road on the
state highway system. (b)(1) Where a person seeks a permit to construct, reconstruct,
alter, or improve a commercial driveway and the commercial
driveway will lie in whole or in part upon a parcel of land
acquired for the state highway system from such person or the
immediately preceding owner of such property from whom such person
acquired title to such property, the total amount of money charged
to such person as a condition of obtaining the permit shall not
exceed the compensation received by such person or the immediately
preceding owner of such property from whom such person acquired
title to such property for such parcel of land upon its
acquisition for the state highway system. This limitation shall
apply to the total of all amounts of money of whatever character
charged to such person as a condition of obtaining the permit,
including without limitation any and all amounts charged for title
to or use of land and any and all fees or other costs of any
nature whatsoever. This subsection shall constitute only a
maximum limitation upon the total amount of money charged under
such circumstances and shall not in any manner be construed to
establish a minimum amount of money to be charged under such
circumstances. (2) Except in the case of heirs and assigns, the limitation of the
department to require a payment of more than the maximum amount
received for such property as provided in paragraph (1) of this
subsection shall last for only a ten-year period from the date of
the initial acquisition of property by the department. (3) This subsection shall apply with respect to land acquired for
the state highway system prior to April 15, 1996, as well as land
so acquired on or after April 15, 1996. |