Control of access clauses for condemnation are similar to those used for negotiated acquisitions, which are described in Special Clauses For Conveyance Instruments; however, the format used to describe the specifics of the access rights involved is varied to accommodate the legal concerns associated with an acquisition by ED. Generally, control of access clauses will be required for each partial taking fee acquisition on designated controlled access facilities. Control of access clauses may also be necessary on non-controlled access highway facilities, but which are designed in such a way as to preclude practical physical access. Such occurrences are usually the result of design requirements calling for elevated structures, embankments or some similar physical restriction.

The following examples are intended to represent sample control of access clauses

. Control of access clauses are to be incorporated into the metes and bounds survey description.

Where access is permitted to the entire remainder(s), use;
Access will be permitted to the north remainder abutting the highway facility along Call 1 of the foregoing property description.

Where access is to be denied to the entire remainder(s), use;
Access will not be permitted to the north remainder abutting the highway facility along Call 1 and 2 of the foregoing property description.

Where a property owner has two remainders and access is to be fully permitted to one and fully denied to the other, use;
Access will be permitted to the south remainder abutting the highway facility along Call 1 of the foregoing property description for Part 1.
Access will be denied to the north remainder abutting the highway facility along Call 1 of the foregoing property description for Part 2.

Where access is to be partially permitted and partially denied to a single remainder, use;
Access will be permitted to the north remainder abutting the highway facility along Call 1 of the foregoing property description.
AND,
Access will be denied to the north remainder abutting the highway facility along Call 2 of the foregoing property description.

Where access is permitted to part of one remainder and denied in part to that same remainder (as in the preceding example) but where the limits of access are not coincident with the beginning and ending points of the property description calls, use;
Access will be permitted to the north remainder abutting the highway facility from a point being the beginning of Call 1 of the foregoing property description to a point being North 25E 15' 10" East a distance of 25 feet from the beginning of said Call 1; and also from a point being located northeasterly on a curve to the left (said curve having a radial bearing of North 75E 10' 15" West, a central angle of 32E 20" and a chord bearing/distance of North 01E 25' 15" East/75.00 feet) an arc distance of 50 feet from the beginning of Call 2 of said description to the end of said Call 2.
AND,
Access will be denied to the remainder abutting the highway facility for a distance of 150 feet from a point being North 25E 15' 10" East 25 feet from the beginning of Call 1 of the foregoing property description to a point located northeasterly on a curve to the left (said curve having a radial bearing North 70E 10' 15" West, a central angle of 32E 20" and a chord bearing/distance of North 01E 25' 15" East/75.00 feet) an arc distance of 50 feet from the beginning of Call 2 of said description.

Where access is to be denied at locations other than along the new ROW line as it abuts the applicable taking, the following is to be added after and independent from the access clause(s) being used to describe access abutting the taking.
AND IN ADDITION THERETO:
Access will be denied to and from tract of land described in Volume 123, Page 456 of the Real Property Records of Jones County along the existing north right of way line of Interstate Highway 123 for a distance of 300 feet. Said distance of 50 feet from the end of Call 1 of the foregoing property description and continues along the said existing north right of way line North 20E 10' 00" East for a distance of 100 feet to the end of this additional access denial.

Care should be taken to insure that the parent tract recording noted in the preamble to the property description applies not only to the area described by the metes and bounds, but also is relevant to the tract abutting the additional access denial. If necessary, additional recording data can be included in the additional access denial provision as has been previously noted.