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<br />CHAPTER 1 <br /> <br />Title, Introduction, Purpose, and Commentary <br /> <br />1.1 Title <br /> <br />This Ordinance shall be known as and may be referred to as the "Cass County Highway Access <br />Ordinance," hereinafter referred to as the Ordinance. <br /> <br />1.2 Introduction <br /> <br />The owner of a parcel of land abutting a County Highway has a property right to reasonably <br />access that County Highway. However, this right does not guarantee the right to access the <br />County Highway at any and/or all points along a property's frontage on the County Highway. The <br />County, through the use of its police power, may restrict access or require the use of indirect <br />access to serve a property. As such, so long as the exercise of that power leaves the landowner <br />with reasonable access, there is no taking of a property right and no compensation is due. <br /> <br />Through the authority granted by the laws of the State of North Dakota, the County may, in <br />accordance with regulations adopted by the County Commission, regulate the access to County <br />Highways. To provide for the efficient movement of traffic, safeguard the motoring public, and <br />reduce congestion on the public ways, it is hereby declared to be the policy of the County to <br />regulate access to County Highways for public and private use through the standards and <br />specifications established by this Ordinance. The standards and specifications contained in this <br />Ordinance were developed to minimize the frequency and severity of conflicts between those <br />vehicles using a County Highway and those vehicles entering or exiting at approved access <br />facilities. The review of a request for access to a County Highway will involve the consideration of <br />all factors affecting the operation, capacity, and safety of the County Highway and the proposed <br />access facility. <br /> <br />1.3 Purpose <br /> <br />The primary function of County Highways is to carry large volumes of through traffic. A secondary <br />and subservient function is to provide access to abutting property. <br /> <br />The absence of reasonable controls and regulations for access results in a reduction of roadway <br />capacity and safety. Unregulated access substantially increases delay and congestion and <br />decreases safety to the motoring public using the County Highway system. <br /> <br />1 <br /> <br />, f'" <br /> <br />S." '?' , <br />