State Tolling Practices: The Future of Highway Finance or an Unconstitutional State Practice?

This article explores state tolling practices with an eye towards determining whether this area will serve as the future of highway finance or if it should be considered an unconstitutional state practice. The author first reviews the Supreme Court's decisions regarding state tolling practices, including the recognition of toll roads as interstate commerce, and the three tests used to determine the constitutionality of state tolling practices: the Baltimore Presumption of Validity, the Evansville Analysis, and the Modern Dormant Commerce Clause analysis. The second section of the article focuses in on the purpose of toll roads and economic self-sufficiency scrutinized under the Dormant Commerce Clause. The author also explains how three separate circuits are applying different tests, e.g., the Second Circuit believes that the Evansville Test is sufficient, but the First Circuit believes that even if the Evansville Test is used, courts must still employ the Pike Balancing Test. The author concludes that the First Circuit approach is the correct one and cautions that some state tolling schemes may violate the Dormant Commerce Clause.


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Filing Info

  • Accession Number: 01352556
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Sep 23 2011 11:02AM