Montana Code 60-5-103. Designation as controlled-access highway
60-5-103. Designation as controlled-access highway. (1) A portion of any interstate highway, throughway or throughway intersection, or other commission-designated highway system or state highway may not be designated as a controlled-access highway unless the commission adopts a resolution so designating it. The resolution must be adopted by the majority vote of the members in attendance at any regular or special meeting. In it, the commission shall find and determine that it is necessary and desirable that:
Terms Used In Montana Code 60-5-103
- Controlled-access highway: means those portions of an interstate highway, throughway, or throughway intersection that the commission designates for through traffic or other commission-designated highway system or state highway over, from, or to which owners or occupants of abutting land or other persons have no easement of access or only a limited easement of access, light, air, or view. See Montana Code 60-5-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Throughway: means a portion of an arterial highway constructed and used for carrying traffic partially or entirely around a town or city or a portion of a town or city. See Montana Code 60-5-102
(a)the owners or occupants of the abutting land or other persons have no easement of access or only a limited easement of access, light, air, or view;
(b)the rights of or easements to access, light, air, or view be acquired by the state so as to prevent that portion of highway from becoming unsafe for or impeded by unrestricted access of traffic from intersecting streets, alleys, public or private roads, or ways of passage.
(2)The resolution must contain a statement of the reasons for its adoption and set forth the location, distance, and termini of the portion of the highway designated as a controlled-access highway.