FEDERAL PARTICIPATION IN RIGHT-OF-WAY ACQUISITION COSTS

THE AUTHORITY FOR PARTICIPATION IN RIGHT-OF-WAY COSTS BY THE FEDERAL GOVERNMENT ARE DISCUSSED AS REFLECTED IN THE FEDERAL-AID ROAD LEGISLATION. THE HISTORY IS REVIEWED OF FEDERAL LEGISLATION PERTAINING TO RIGHT-OF-WAY AND TO PARTICIPATION IN RIGHT-OF-WAY COSTS. THE EXTENT TO WHICH FEDERAL PARTICIPATION UNDER CURRENT LEGAL AUTHORITY MAY BE ALLOWED IN RIGHT-OF-WAY COSTS ARE SUMMARIZED: (1) IT MAY BE ALLOWED ONLY IN THE COST OF NEW OR ADDITIONAL LANDS ACQUIRED AND USED FOR THE PARTICULAR PROJECT, (2) IT MAY NOT BE ALLOWED IN THE COST OF ANY LANDS ALREADY OWNED BY A STATE OR ITS SUBDIVISIONS NOT ACQUIRED FOR AND NOT USED FOR THE PARTICULAR PROJECT, (3) IN THE CASE OF A HIGHWAY PROJECT IT MAY NOT EXCEED ONE-THIRD OF THE COST OF RIGHT-OF-WAY ACQUIRED FOR THE PROJECT, PLUS THE USUAL INCREASE AUTHORIZED IN PUBLIC LAND STATES, (4) IN THE CASE OF A RAILROAD GRADE CROSSING PROJECT IT MAY NOT EXCEED ONE-HALF OF THE COST OF RIGHT-WAY ACQUIRED FOR SUCH A PROJECT, AND (5) IN NO CASE MAY IT EXCEED THE AFOREMENTIONED PRO RATE OF THE COST OF RIGHT-OF-WAY FOR A PROJECT ACTUALLY PAID BY THE STATE OR ITS SUBDIVISIONS FROM PUBLIC FUNDS AVAILABLE TO THEM. ITEMS THAT MAY GENERALLY BE INCLUDED AS RIGHT-OF-WAY COSTS, CONDITIONS AND LIMITATIONS AND THE EXTENT OF FEDERAL PARTICIPATION THEREIN ARE SUMMARIZED. A MEMORANDUM IS BEING PREPARED WHICH WILL COVER A NUMBER OF DETAILS AND OPERATING PROCEDURES, ESPECIALLY AS TO THE SUPPORTING DATA THAT SHOULD ACCOMPANY VOUCHERS FOR REIMBURSEMENT OF RIGHT-OF-WAY COSTS.

  • Record URL:
  • Supplemental Notes:
    • No 18, pp 29-36 Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved
  • Authors:
    • Boykin, Lester E
  • Publication Date: 1949-4

Media Info

  • Monograph Title: Land Acquisition and Control of Highway Access and Adjacent Areas Report Committee and Four Papers
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00238543
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: May 26 1994 12:00AM