§ 8-627. Closure or restricted access to defense-related and other properties

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Defense-related activity" means:

      (i) The preparation of the United States or a state for defense or war; or

      (ii) The prosecution of war by the United States or a country with which the United States maintains friendly relations.

   (3) "Highway authority" means a governing body or individual with the authority under law to restrict or close a highway to the public.

   (4) "Political subdivision" means a county, municipal corporation, special taxing district, or public corporation of the State.

   (5) "Public utility" includes a pipeline, gas, electric, heat, water, oil, sewer, communication, radio, transportation, railroad, airplane, or other system owned or operated for public use.

(b) Eligible properties. -- This section applies to property owned by a person, the State, or a political subdivision:

   (1) Engaged in, or preparing to engage in, the manufacture, transportation, or storage of a product to be used in a defense-related activity;

   (2) Engaged in, or preparing to engage in, the manufacture, transportation, distribution, or storage of gas, oil, coal, electricity, or water; or

   (3) Operating a public utility.

(c) Petition for closure or restricted access. -- An owner of property described in subsection (b) of this section, who believes that the property will be endangered if public use and travel is not restricted or prohibited on a highway abutting the property, may petition the highway authority of the State or a political subdivision, as appropriate, to close or restrict public use of and travel on the highway.

(d) Hearing; notice. -- On receiving the petition, the highway authority shall:

   (1) Set a hearing date; and

   (2) Provide notice of the hearing at least 7 days before the hearing by publication in a newspaper of general circulation in the political subdivision where the property is located.

(e) Determination; conspicuous notice. --

   (1) After the hearing, the highway authority may by order close or reasonably restrict the use of a public highway if the highway authority determines that the public safety and the safety of the property require the closure or restriction.

   (2) The highway authority shall conspicuously post a notice in letters at least 3 inches high at each end of a highway that the highway authority closes or restricts.

(f) Written permit to travel. -- The highway authority may issue a written permit to persons to travel on a closed or restricted highway under conditions that the highway authority establishes.

(g) Revocation or modification of order. -- The highway authority may revoke or modify an order issued under this section.

(h) Violation; penalties. -- A person who violates an order issued under this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both.

HISTORY: 2001, ch. 29, § 6; ch. 166, § 1; 2002, ch. 19; 2005, ch. 25, § 1.