(1) The transportation commission with the approval of the governor may designate any portion of a highway to be a freeway whenever, in its opinion, by reason of the volume and speed of traffic there is particular danger to the safety of the traveling public by collisions between vehicles proceeding in opposite directions thereon or between vehicles at intersections of said state highways with other public highways or at approaches to said state highways from private property abutting thereon. (2) Whenever, in the establishment of a freeway, real property held under one ownership is severed by the freeway, then the chief engineer may provide access across the freeway from one such tract to the other either at grade or below or above grade at least once within one mile if there is a demand made for such crossing by the landowner, or he must compensate such landowner for any legally compensable damages sustained by any such severance as provided by law, but the compensable damage shall in no case be less than the difference in value caused by the severance. No such connecting roads shall be used for or in connection with the conduct of any roadside business or enterprise. If such tracts at any time cease to be held under one ownership, the chief engineer may terminate and discontinue such access roads. (3) Except as provided in subsection (4) of this section, section 32-9-119.8, and part 15 of article 1 of this title 43, a commercial enterprise or activity for serving motorists, other than emergency services for disabled vehicles, shall not be conducted or authorized on any property designated as or acquired for or in connection with a freeway or highway by the department of transportation or any other governmental agency. At locations deemed appropriate by the transportation commission, the department of transportation shall construct local service roads, which open into or connect with a freeway, in such manner as to facilitate the establishment and operation of competitive commercial enterprises for serving users of the freeway on private property abutting such local service roads. (4) (a) If the requirements of subsection (4)(b) of this section are satisfied, the department of transportation may collaborate with public or private entities to develop projects for the construction of electric vehicle charging systems along interstate highway rights-of-way, including rest areas, as prioritized by the department. (b) The provisions of subsection (4)(a) of this section apply when 23 U.S.C. sec. 111, or its successor statute, is modified, or when any other federal law is enacted, to expand the allowable commercial services along interstate highway rights-of-way, including rest areas, and the modified or newly enacted law no longer prohibits the construction of electric vehicle charging systems along interstate highway rights-of-way, including rest areas. (c) The department of transportation may collaborate with public or private entities to develop projects for the construction of electric vehicle charging systems along state highway rights-of-way, including rest areas, as prioritized by the department. (d) As used in this subsection (4), "electric vehicle charging system" has the meaning set forth in section 38-12-601 (6)(a).
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