New and existing facilities; grade crossing eliminations

68-1904. New and existing facilities; grade crossing eliminations. The highway authorities may designate and establish controlled access highways as new and additional facilities, or an existing street or highway may be included within such facility, and they may provide for the elimination of intersections at grade with existing state or county roads and city streets or other public ways if the public interests shall be served thereby, but no city street, county road or state highway or other public way shall be opened into or connected with such controlled access facility without the consent of the highway authority having jurisdiction over such controlled access facility, and the respective highway authorities are hereby authorized to make all necessary agreements between themselves and the federal government as may be necessary to fully perform and fulfill the purposes and provisions of this act. History: L. 1953, ch. 307, § 4; 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, 134, 135, 319 P.2d 535. 2. Landowner has no right of access to new highway; application of act. Riddle v. State Highway Commission, 184 Kan. 603, 604, 609, 610, 611, 626, 628, 629, 635, 339 P.2d 301. 3. Right of access is property right; compensation necessary to take; extent of right. Atkinson v. State Highway Commission, 184 Kan. 658, 663, 664, 339 P.2d 334. 4. Existing highway; right of access, taking, measure of damages, regulation, etc.; statutes construed. Smith v. State Highway Commission, 185 Kan. 445, 447, 452, 456, 346 P.2d 259. 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. 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