AN EVALUATION OF LAND-USE CONTROL PROCEDURES AT FREEWAY APPROACHES

THE RANGE OF METHODS FOR CONTROL AND ANALYTICAL FRAMEWORK AT FREEWAY APPROACHES ARE DISCUSSED AND ANALYZED. TECHNIQUES THAT MAY BE UTILIZED TO CONTROL LAND-USE AROUND FREEWAY INTERCHANGES AND APPROACHES ARE: (1) THE EMINENT DOMAIN GROUP INCLUDING THE ACQUISITION IN FEE SIMPLE OF LAND SURROUNDING INTERCHANGES AND ITS RETENTION OR LONG-TERM LEASE, ACQUISITION OF DEVELOPMENT RIGHTS OR EASEMENTS, TEMPORARY ACQUISITION OF LAND AND ITS RESALE ACCORDING TO A DEVELOPMENT PLAN AND ACQUISITION OF ACCESS RIGHTS, (2) LICENSING OF ENTERPRISES UNDER SPECIFIC CONDITIONS IN THE AREAS ADJACENT TO INTERCHANGES, AND (3) THE POLICE POWER REGULATIONS GROUP INCLUDING ZONING, SETBACK REQUIREMENTS, SUBDIVISION CONTROLS, AND THE OFFICIAL MAP. IT IS CONCLUDED THAT EMINENT DOMAIN METHODS OF CONTROL OVER LAND DEVELOPMENT AT FREEWAY APPROACHES HOLD BETTER PROMISE THAN POLICE POWER METHODS BECAUSE: (1) POLICE POWER METHODS HAVE NO DEMONSTRATED HISTORY OF SUCCESS, (2) THE RATIONALE UNDERLYING CONTROL OF LAND DEVELOPMENT AT THESE LOCATIONS IS NOT STRONGLY ENOUGH DEFINED AND ACCEPTED TO SUPPORT THE ABROGATION OF PROPERTY RIGHTS WITHOUT PAYMENT OF COMPENSATION, AND (3) LAND VALUES ARE OF SUCH AN ORDER IN THE VICINITY OF MOST URBAN FREEWAY APPROACHES THAT LOCAL GOVERNMENTAL UNITS FIND IT DIFFICULT TO MAINTAIN NON-COMMERCIAL USES UNDER THE PRESSURE, PERSISTENCE, AND OTHER FORCES WHICH DEVELOPERS CAN MUSTER WHEN THE STAKES ARE HIGH. IN ADDITION TO THE DIRECT EXTENSION OF THE CONTROL OF ACCESS TO APPROACH ROADS, TWO FORMS OF EMINENT DOMAIN ACTION APPEAR TO WARRANT USE: (1) THE ACQUISITION OF LAND DEVELOPMENT RIGHTS IN OUTLYING AND RURAL AREAS, AND (2) THE ACQUISITION AND EITHER LEASEBACK OR SELLBACK ACCORDING TO A DEVELOPMENT PLAN OF LAND ADJACENT TO FREEWAY APPROACHES IN BUILT-UP OR URBAN AREAS. AN APPROACH AREA DEVELOPMENT PLAN IS RECOMMENDED UTILIZING MACHINERY SIMILAR TO THAT OF URBAN RENEWAL.

Media Info

  • Monograph Title: Land use and development at highway interchanges
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00225347
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Aug 19 1994 12:00AM