SECTION 11.53. Locations Where the Department Controls the Access

(a) Access purchase requests. If new access connections are requested on highways where the adjacent property owner has no existing right of access, requests to purchase access will be considered under the provisions of this section. The request must include an engineering study acceptable to the department.

(b) Approval. The commission will make the final determination concerning new access connections under this section. The commission may consider the findings of the engineering study and the mobility and safety of the highway system, or any other relevant factors.

(c) Documentation. When the commission approves the sale of access to the owner of property adjoining the highway facility, the sale will be accomplished under Transportation Code, Chapter 202, Subchapter B. Access points approved by the commission under this section will be specifically described by a metes and bounds property description.

Source Note: The provisions of this §11.53 adopted to be effective October 16, 2003, 28 TexReg 8958; amended to be effective February 18, 2010, 35 TexReg 1297