AASHTO 2006 Clearinghouse Report

Limited and No Access Line Break

The Utah Department of Transportation requested a survey of the other states regarding
Limited Access and No Access Line Breaks.

Does your state charge a property owner to break the Limited Access? (i.e. if the property owner requests a new access, or to expand an existing access, or to change the use of an existing access from agricultural/residential to commercial.)
If yes, what is your valuation methodology for calculating the amount to charge the property owner? If you do an appraisal, how do you value the access?
May we contact your state's expert in this area? If so, please include the person's name and telephone number.

ALABAMA

Yes.
Before and after appraisal.
Ken Longcrier
ALDOT Chief Appraiser
334-242-6199

ARIZONA

The Arizona Department of Transportation will charge a property owner when access control has been modified to allow an opening along an access controlled highway.
When limited access exists and the property owner is requesting a driveway location change, and/or is changing the use of the property, it will require a new permit from the appropriate ADOT District office.
When valuing access rights, or to value the impact of the loss of those rights, we would do a "before and after appraisal". In the before you would have those rights. In the after you would value the remainder without those rights. The comparable selection would be different in the after condition. We might use comparable properties that are off the highway. Once we have valued the remainder without those rights, the difference in the remainder before and after would provide an indication of the value of those rights.
For further questions regarding the valuation methodology utilized, please contact
Mr. Sid Hathaway
ADOT Review Appraiser
602-712-7160
shathaway@azdot.gov

ARKANSAS

On partially controlled access facilities, an access break can be moved if there is an existing break on that parcel. On fully controlled access facilities, each request is reviewed on an individual basis to determine if an access should be established, but are normally not allowed.
Additional information on interchange spacing is available. If interested, please contact Bob Colford as shown below.
Before and after appraisals are used in these instances.
Bob Colford, Section Head
Appraisals
501-569-2131

CONNECTICUT

Normally, there is charge if it is determined, after an exhaustive review by various offices in our Connecticut Department of Transportation, and approvals by our Attorney General and our Governor, that a break in the nonaccess highway line can be made. The amount is determined by an appraisal.
We do an appraisal on a before and after basis. In other words, we appraise the affected/benefited land as it presently exists, i.e., before the break, then appraise the property as it will exist after the break in access. The difference in the before and after values is considered the net benefit to the property, and essentially becomes the amount owed by the property owner if the break is to be effected.
Mr. David L. Labossiere, Division Chief
Property Management
Office of Rights of Way
860-594-2462
David.LaBossiere@po.state.ct.us

DELAWARE

Yes.
Basically what further development or improvements can be made to the property with the breaking of the line.
Eric Savage, Chief Review Appraiser
302-760-2228

HAWAII

In Hawaii, presently in accord w/advice from our legal people, we sell the access rights if we acquired said access rights. Appraisal instructions are basically, a before and after type appraisal, on a case by case, depending on the existing property rights of the requesting/abutting property owner/developer, ie. if there is no access, then the property is valued as though there is none and the after situation is w/good access (as requested). We negotiate the value based on a percentage of the difference in value.
We are trying to refine our procedures & rules & regs, so it is a work in progress but we are successful.

ILLINOIS

Access is a recognized property interest of value. Therefore, when we acquire it, we pay for it. When we grant it or release it, we in turn charge the fair appraised value. It is treated as any other property interest would be.
If access rights are being disposed of by themselves, we are required to do a "before" and "after" appraisal of the property to which they will be released to. The difference between these two values will be the amount to be received for the release.
If access rights will be released along with dedicated right of way, the appraiser will appraise the property based on whether it is a stand alone parcel or have enhanced assemblage value with the adjoining property. If there is no enhanced assemblage value and it's not needed to develop the adjoining property, a before and after appraisal is not required because the access right would only have a nominal value. They should still be addressed in the appraisal. If the release of the dedicated land and access rights provide enhanced assemblage value or are a stand alone parcel, a before and after appraisal will be required to determine the value of the land being released. Then, we have a chart of appropriate percentages to apply for the release of access rights which relate to the type of property appraised. This percentage chart can be found in our current LAPPM under Exhibit 2.02-13. Once our revised manual is out for use next year, the percentage chart can be found in the text under 2.02-13.
- Item questions can be directed to
  Zachary Taylor, Property Manager
  Bureau of Land Acquisition
  Illinois DOT
  2300 S. Dirksen Prkwy
  Springfield, IL. 62764
  taylorzt@dot.il.us
- Questions relating to appraisal / valuation issues can be directed to :
  Teresa S. Pointe
  Illinois Department of Transportation
  Acquisition Unit Manager
  2300 S. Dirksen Parkway
  Springfield, IL 62764
  (217) 782-3982
  (217) 782-3813 fax
  pointerts@dot.il.gov

MAINE

The State of Maine by statute cannot break control of access except for a new state or state aid road. If there is an existing access point on a limited access road, that access point can be moved anywhere along that stretch provided the new access is the same width or smaller and that the existing break is closed. The Department requested the statutory amendment to lessen the pressures dealing with continuing requests from commercial entities to break access and that our Federal Highway Administration officials had issues with access being broken. They would say the access was taken for a reason and that it should stay that way. Hope this helps, but we don't get into appraisals anymore on items such as this.

MARYLAND

Yes.
Value before Break Value. After Break, they pay difference.
Don Wakefield, Division, Chief
Appraisal Review Division
Office of Real Estate
Maryland State Highway Administration
dwakefield@sha.state.md.us
410-545-0031

MICHIGAN

If a property owner wants to change the use of an existing access from agricultural/residential to commercial, they would need to apply for a commercial drive permit and pay for any type of physical changes to the existing driveway to meet commercial standards. Typically, their only costs would be the permit and required changes to meet standards.
If they want to expand an existing access, they would need to obtain a permit, but there probably would not be any costs except for the permit and required construction costs to meet whatever standards apply. This is assuming their existing access was not a break in limited access.
If the property owner requests a break in limited access, they would be charged. This is assuming they have gone thru the entire permitting process and received approval from our engineers & etc. to do so. Our state is trying to be very pro-active on the access management issue, so each driveway is looked at very carefully to be certain it complies to standards.
If the break in limited access is approved, real estate will be requested to estimate the value of the break. Typically, we complete a Before & After appraisal report to estimate the value. This is, of course, just the opposite of Before & After appraisals for acquisition purposes, because the After Value would be higher than the Before. Based on the assumption that the site had access from a side road in the Before situation, we attempt to obtain matched paired sales of corner sites with only side road access, compared to sites with both side road and primary road access. As we all painfully know, matched paired sales are sometimes hard to come by. For this assignment, the appraiser quite often may need to include comparable sales for other similar properties in other locations (cities) besides the subject. The idea is, we are trying to estimate the difference, or premium, between side road access versus side road and primary road access. We can then apply this difference/premium to the subject's estimated value from comps in the area.
Doug Bixby, Appraisal Technical Specialist
Real Estate Division
Michigan Department of Transportation
517-373-3568

MINNISOTA

Yes, if the access rights were acquired, the property rights must be resold(reconveyed) for market value unless the property owner is giving up 2 or more access openings to get one new opening in a different location.
For a typical access exchange, our current fee is $1,000.00. if it is for a new opening through controlled access and the existing access is being retained, a full appraisal is required to determine the difference in market value before and after the access is reconveyance (value added to the property by the additional access). An access reconveyance will only be done if approved by the district access management Committee. the fee can be waived if the access change is clearly beneficial to MnDOT.
Reconveyances are processed by Neal Bartelt (651)296-8647. Valuation of reconveyances are handled by our Appraisal Management Unit, Skip Pitzen - Supervisor (651)296-8333.
Michael J. Stensberg, Assistant Director
Real Estate and Policy Development Section
Office of Land Management
Phone: 651-296-1133
Fax: 651-297-5399
mike.stensberg@dot.state.mn.us

MONTANA

Yes and no. The Montana Department of Transportation (MDT) recently revised how it implements access control so our procedures changed. On older projects we acquired access rights by deed and the access locations that were allowed were called out on the deeds. When we grant an additional access, we do so by deed and we consider the deeded access a property right so the landowner is required to pay fair market value for that right. This only applies to additional accesses, not changes in use, because the access use is not specified on the deed. This is not to say the landowner won't have out of pocket costs as a result of land use changes because the landowner is still required to obtain a new approach permit from MDT and MDT could require the landowner to obtain a Traffic Impact Study and could require the landowner to mitigate the traffic impacts associated with the new use. Mitigation could include the installation of turn lanes, signals, etc., and the landowner is responsible for any and all mitigation costs. Mitigation may also be required when additional accesses are allowed.
On newer projects, MDT is implementing access control in conjunction with its police powers, rather than as a property right . A greater amount of time is spent studying the existing and potential access problems and then developing guidelines for how to deal with these problems. Once guidelines are established, recommendations are made with respect to existing and new accesses. Under this scenario, MDT does not purchase access rights unless a property is left without reasonable access and MDT makes every attempt to provide reasonable access to each property. Accesses are not called out on deeds; therefore, individual accesses are not considered a property right so there is no requirement to receive fair market value when an additional access is allowed. Although fair market value is not required, landowners could be required to complete a Traffic Impact Study and they could be required to mitigate the traffic impacts associated with the new access. Traffic Impact Studies and mitigation may be required for changes in the use of the access also.
On older projects where MDT is required to receive fair market value for additional accesses, an appraisal is obtained. The appraisal should determine the current value of the property in the current condition without the additional access and then determine the value of the property with the additional access. Any increase in the property's value is attributed to the additional access so the increase in value is considered the fair market value of the additional access.
Greg Pizzini, Access Management Manager
PO Box 201001
Helena, MT, 59620
406-444-9458
gpizzini@mt.gov
Paul Brown, Appraisal Supervisor
PO Box 201001
Helena, MT, 59620
406-444-6069
pabrown@mt.gov

NEBRASKA

Yes.
Appraisal; Before and After Value.
Bob Frickel, Chief Appraiser
402-479-4477

NEW JERSEY

New Jersey DOT operates under a State Highway Access Management Code. All such actions involving the expansion of existing access, or development of new access, pass through the Bureau of Major Access Permits.
Richard Dube
Richard.Dube@dot.state.nj.us

NORTH DAKOTA

ND has limited history with respect to the question. Conceptually, if the request for access from a No Access zone were made, the owner would be charged.
Generally speaking, the Sales Comparison Approach would be used, though the relevance of the Income Capitalization to the problem should be examined. The benefited parcel is valued Before and After access, with the difference attributed to the access benefit.
Gregory F. Doll, Chief Review Appraiser
North Dakota Department of Transportation
701-328-2613

SOUTH CAROLINA

Yes, we do charge when breaking the control of access.
To establish the value we have an appraisal of the before and after situation prepared.
Rick Callaham is SCDOT's Chief Appraiser and can supply any additional information. His phone number is 803-737-1406.

SOUTH DAKOTA

South Dakota only charges a property owner in cases of Control of Access (COA) projects where the Department has purchased the rights from the owner to control the access.

VERMONT

Vermont does not allow private property owners to break limited access. On true limited access highways (our interstate highways, for instance) with ramps it allows no limited access breaks. On controlled access highways (with at grade intersections) under certain circumstances it allows municipalities to break the access with a municipal highway or a quasi-public entity (ambulance service or fire district) to break it with an access road. No charges are made for these breaks.
N/A
N/A

VIRGINIA

Yes.
Before and after appraisal. Showing enhancement if any.
Stuart Waymack, State Director of Right of Way & Utilities
804-786-2923
Fax: 804-786-1706

WISCONSIN

Does your state charge a property owner to break the Limited Access(LA) and No Access (NA) lines for their benefit? (i.e. if the property owner requests a new access, or to expand an existing access, or to change the use of an existing access from agricultural/residential to commercial.) This is a complex answer. We can obtain access rights in multiple ways, only one of which is through the acquisition process. We have an administrative process, where by we go through an administrative process with public hearings and then can declare a highway a controlled access highway (no compensation paid to abutting property owners). We can also declare a highway a "freeway or expressway" thus allowing us to provide alternate access or if that is not possible, then we must purchase the access rights. Another method is through the review of subdivisions (again no compensation paid to abutting property owners). We are allowed by statute to place access restrictions onto subdivisions during their review.

But probably the most frequently used method of controlling access is through the purchase of access rights. If the department has acquired the access rights through purchase, the state requires, should those rights be declared "excess" through a change in circumstances from the date of acquisition, that we must recoup the value of those rights since they are considered an investment. Releasing the restriction without recouping the value would be considered giving a gift and frowned upon by the legislature.

Thus if the rights were acquired by the state by compensation, an appraisal must be completed to determine the value of those rights. The property owner must first agree to pay for an appraisal that the state will have prepared. Then the appraisal is a "before and after appraisal" and if the appraisal determines that in the "after" condition the value is greater than in the "before" condition, the owner must pay the state that difference, or the region's fees for administrative costs (generally $1000), whichever of the two is greater.

Any of the changes noted in the last part of this question could constitute a change requiring the abovementioned process, so yes we would charge the property owner for such a change if the changes were to be allowed.
The State would require an appraisal using the Federal Rule, a complete Before and After appraisal using the extra ordinary assumption that the right would be granted and the after value would reflect the access change.

The appraisal would reflect the Interim use value say of farm land and the Highest and Best Use value of say development land. The appraiser would not be allowed to use the development approach to value the land in the after condition, however, because the appraisal issue would be to answer the question of what the developer would pay for the "right" to develop, not the determination of the income value to the developer.

So in a nut shell:
- Federal Rule appraisal, complete before and after
- Determine Highest and Best Use
- Subtract Interim use from Highest and Best Use
- Result is added value due to access change.
Sounds neat and simple, but it is very complex.
Bonnie Tripoli, Access Management Coordinator
4802 Sheboygan Avenue, Room 651
718 West Clairemont Avenue
PO Box 7916
Eau Claire, WI 54701
Madison, WI 53707-7916
608-266-2372
bonnie.tripoli@dot.state.wi.us
Rick Dickson, Statewide Review Appraiser
4802 Sheboygan Avenue, Room 651
718 West Clairemont Avenue
PO Box 7916
Eau Claire, WI 54701
Madison, WI 53707-7916
715-836-3870
richard.dickson@dot.state.wi.us