1. (1) As used in this section:

   1. (a) "Highway facility" means:

      1. (i) SR-7 as described in Section 72-4-106;
      2. (ii) SR-67 as described in Section 72-4-112;
      3. (iii) SR-85 as described in Section 72-4-114;
      4. (iv) SR-154 as described in Section 72-4-121; or
      5. (v) SR-201 as described in Section 72-4-126.

   2. (b) "Legal point of access" means an access established in accordance with applicable law:

      1. (i) before July 1, 2003;
      2. (ii) by permit issued by the highway authority; or
      3. (iii) by a deed or court order.

2. (2) A highway authority may not deny reasonable ingress and egress to property adjoining a public highway except where:

   1. (a) the highway authority acquires right of ingress and egress by gift, agreement, purchase, eminent domain, or otherwise; or
   2. (b) no right of ingress or egress exists between the right-of-way and the adjoining property.

3. (3) For a property adjoining a public highway that is not an interstate system or a highway facility, a highway authority may not close a legal point of access to the public highway, unless:

   1. (a) the property has reasonably equivalent access to the public highway after the legal access is closed; or
   2. (b) the highway authority acquires the legal point of access by gift, agreement, purchase, or eminent domain.

Amended by Chapter 72, 2018 General Session