An Act To Allow the Department of Transportation To Recover Costs Incurred by the Department for Allowing Access to a Controlled Access Highway

Sec. 1. 23 MRSA §704, sub-§6,  as amended by PL 2013, c. 220, §1, is further amended to read:

Sec. 2. 23 MRSA §704, sub-§10,  as enacted by PL 2005, c. 188, §1, is amended to read:

SUMMARY

This bill provides that, when the Department of Transportation allows access onto a controlled access highway because the access will not adversely affect public safety and will not have a significant negative impact on the mobility of through-travelers, the department may recover from the applicant costs incurred by the department to allow access and any costs associated with maintaining the mobility of through-travelers, plus the lesser of the amount the department determines was paid to the landowner to extinguish rights of access on the portion of land to be used to gain access to the highway, adjusted by the percentage increase in the Consumer Price Index, and the difference between the appraised value of the affected property without the access and the appraised value of the affected property with the access.

The bill also provides that, when the department allows access onto a controlled access highway when the property abuts no other road affording vehicular access to the applicant's property, the department may recover from the applicant costs incurred by the department to allow access and any costs associated with maintaining the mobility of through-travelers, plus the lesser of the amount the department determines was paid to the landowner to extinguish rights of access on the portion of land to be used to gain access to the highway, adjusted by the percentage increase in the Consumer Price Index, and the difference between the appraised value of the affected property without the access and the appraised value of the affected property with the access.