(1) As used in this section: (a) "Highway facility" means: (i) SR-7 as described in Section 72-4-106; (ii) SR-67 as described in Section 72-4-112; (iii) SR-85 as described in Section 72-4-114; (iv) SR-154 as described in Section 72-4-121; or (v) SR-201 as described in Section 72-4-126. (b) "Legal point of access" means an access established in accordance with applicable law: (i) before July 1, 2003; (ii) by permit issued by the highway authority; or (iii) by a deed or court order. (2) A highway authority may not deny reasonable ingress and egress to property adjoining a public highway except where: (a) the highway authority acquires right of ingress and egress by gift, agreement, purchase, eminent domain, or otherwise; or (b) no right of ingress or egress exists between the right-of-way and the adjoining property. (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: (a) the property has reasonably equivalent access to the public highway after the legal access is closed; or (b) the highway authority acquires the legal point of access by gift, agreement, purchase, or eminent domain.
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