Authority to establish controlled access facilities

68-1902. Authority to establish controlled access facilities. The state, county or city highway authorities, acting alone, or cooperating with each other or with any federal, state or local authority, or any other state, are hereby authorized to design, designate, establish, regulate, vacate, alter, improve, construct and maintain controlled access facilities wherever such highway authorities determine that traffic conditions, present or future, justify such facilities, and said highway authorities may regulate and restrict the use of such facilities by the various classes of vehicles or traffic in a manner consistent with the purposes and provisions of this act. The highway authorities may so regulate, restrict or prohibit access to a controlled access facility so as to best serve the traffic for which such facility is intended. History: L. 1953, ch. 307, § 2; April 2. CASE ANNOTATIONS 1. Petition to enjoin limiting of plaintiff's access considered; demurrer properly overruled. Franks v. State Highway Commission, 182 Kan. 131, 133, 135, 319 P.2d 535. 2. Right of access is property right; compensation necessary to take; extent of right. Atkinson v. State Highway Commission, 184 Kan. 658, 663, 339 P.2d 334. 3. Access rights must be acquired before powers exercised hereunder; statutes construed. Smith v. State Highway Commission, 185 Kan. 445, 447, 452, 456, 457, 462, 464, 465, 466, 467, 468, 346 P.2d 259. 4. Commission required by statute to determine "where" controlled access necessary, not "when." Soden v. State Highway Commission, 192 Kan. 241, 246, 387 P.2d 182. 5. New concept of right of access of owners of land, abutting limited access facility recognized. Brock v. State Highway Commission, 195 Kan. 361, 363, 369, 373, 375, 404 P.2d 934. Overruling Franks v. State Highway Commission, 182 Kan. 131, 319 P.2d 535 and Atkinson v. State Highway Commission, 184 Kan. 658, 339 P.2d 334. 6. Construed in holding access rights subject to regulation under police power and restriction thereon non-compensable. Ray v. State Highway Commission, 196 Kan. 13, 18, 20, 21, 30, 31, 410 P.2d 278. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026