In its recent decision in In Re Revocation of the Access of Block #613, the New Jersey Supreme Court clarified the standard governing the revocation of direct access from a State highway to a property used for commercial purposes under the State Highway Access Management Act and the State Highway Access Management Code. The case outlines the requisite procedure for revocation of a commercial property’s direct access to a State highway by the New Jersey Department of Transportation (NJDOT).
NJDOT sought to widen Route 166 in Toms River in an effort to increase safety, traffic capacity, and movement on the roadway. Arielle Realty, LLC, a commercial tenant, conducted business on a property at the corner of Route 166 and West Gateway that had direct access to both streets. Arielle Realty objected to the road widening project because it would essentially eliminate its commercial property’s direct access to the State highway, in addition to eliminating eight of the property’s parking spaces located in an existing NJDOT right-of-way.