The Commission has designated the Interstate Highway System and other portions of the State Highway System as controlled access highways. Along certain sections of highways, this makes it necessary to either limit or completely deny access to the abutting property, including the:

right of ingress,
right of egress, and
right of direct access to and from the abutting property to the highway facility.

Denial of access may result from design issues as well.

The right of access is always held subject to reasonable regulation and control by the state under its police power, an inherent right of sovereignty. However, the right of access to an existing public way is a part of the bundle of rights vested in the owner of abutting property. It is a legal right, though such right may be limited or completely denied in some instances under a valid exercise of the state’s police power. Whether an impairment or denial of access is compensable is a question of law to be determined by a trial court. In order for the change in access to be compensable, a court must find a material impairment of direct access on or off the remaining property that affects the market value of the remaining property. Should it be determined that the change in access is compensable, the damages are to be measured by the market value of the owner’s abutting property before, as compared with the market value of the same property after the denial or impairment of the access right. In the event that denial or impairment of access is a factor, the appraiser should seek a legal opinion from the district.

Under the provisions of the Transportation Code, , the abutting owners are precluded from claiming

damages for denial of

a legal right of access to any controlled access highway on a new location (as part of the right of way acquisition), unless there is a specific grant of access by or through the Commission, and subsequently, such granted access is later denied. No damages may be claimed for the denial of access to the new facility, as the owner cannot be damaged by the loss of something that he/she never had.

If an existing road is converted into a controlled access facility, the design of which does not contemplate the initial construction of frontage roads, and the abutting owner is to be denied access to the facility pending frontage road construction, generally there is an acquisition of the owner’s access right. If an existing road is converted into a controlled access facility, the design of which does contemplate frontage roads in the initial construction, and the abutting owner is not to be denied access to the frontage road, there is no acquisition or denial of his/her access rights. Access to a frontage road constitutes access to the facility. Further control of the abutting owner’s movements, once he/she is upon the frontage road, such as one-way traffic, no U-turns, no left or right turns, denial of direct access to the through lanes, and circuitous routes are all affected under the state’s police power. They impose no more control over the abutting owner than is imposed upon the public. Any loss in value due to any or all of these causes is non-compensable.

TxDOT ROW Program Office shall evaluate access management issues on appraisals of surplus property and may specify whether access is retained or not by the state. The appraiser shall consider the ROW Program Office’s evaluation when appraising such surplus property.