Can the state, in the exercise of its police power, limit access to abutting property?
Achieving the right of vehicular access to highway or street is as close, in the lexicon of private property rights, to a universal objective that unites prospective purchasers as any. Conversely, preserving improvements inadvertently constructed within the abutting highway, jeopardizing their preservation, similarly concerns landowners who purchase land having buildings or improvements. The right of way line that separates the land of the private owner from the exterior lateral right of way line of the State is not always discernable without considerable research. This white paper reviews vehicular access, abutter's rights, encroaching buildings, and alternatives to discontinuance.
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