ACQUISITION OF LAND FOR FUTURE HIGHWAY USE: A LEGAL ANALYSIS

A STUDY WAS MADE OF THE LEGAL ASPECTS OF ACQUIRING PROPERTY FOR FUTURE HIGHWAY USE. EXISTING STATUTES AND COURT DECISIONS INVOLVING ACQUISITION OF LAND WERE ANALYZED TO ISOLATE THE IMPORTANT PRINCIPLES WHICH SHOULD BE CONSIDERED IN DRAFTING LEGISLATION AUTHORIZING THE ACQUISITION OF LAND FOR FUTURE USE. FIFTEEN STATES SPECIFICALLY AUTHORIZE FUTURE USE ACQUISITION BY STATUTE, AND SIX BY JUDICIAL DECISION. THE MOST IMPORTANT LEGAL CONSIDERATIONS WHICH NEED TO BE TAKEN INTO ACCOUNT IN CONNECTION WITH A PROGRAM OF ACQUIRING DEPARTMENTS, THE PUBLIC UTILITY, AND THE PUBLIC IN GENERAL OF LEGISLATIVE POLICY, (2) DELEGATION OF AUTHORITY, (3) WORDS OF FUTURITY, (4) STANDARDS FOR EXERCISE OF POWER, (5) METHODS OF ACQUIRING PROPERTY, (6) DETERMINATION OF NECESSITY, (7) TYPE OF INTEREST ACQUIRED, (8) POWER TO SELL LANDS NO LONGER NEEDED, (9) POWER TO LEASE, (10) APPLICATION TO IMPROVED OR UNIMPROVED LANDS, (11) APPLICATION OF ACQUISITION FOR FUTURE USE TO TYPES OF HIGHWAY PROJECTS, (12) FINANCING ACQUISITION OF LAND FOR FUTURE USE, (13) DEFINITION OF TERMS, (14) DESIGNATION OF OFFENSES AND PENALTY PROVISIONS, (15) SEVERABILITY PROVISIONS, AND (16) INTERGOVERNMENTAL RELATIONSHIPS. SOME ADVANTAGES FOR AN ADEQUATE PROGRAM OF ACQUIRING LAND FOR FUTURE HIGHWAY USE ARE: (1) RIGHT-OF-WAY COSTS WILL BE MINIMIZED, BY FORESTALLING DEVELOPMENT OF THE LAND ULTIMATELY REQUIRED FOR HIGHWAY PURPOSES, (2) ORDERLY DEVELOPMENT OF COMMUNITIES WILL BE FACILITATED, (3) PRIVATE DEVELOPERS AND PROPERTY OWNERS WILL BE ABLE TO PLAN THEIR PRIVATE LAND USES AND DEVELOPMENT WHOLLY CONSISTENT, PHYSICALLY AND FUNCTIONALLY, WITH AN ULTIMATE HIGHWAY PLAN, AND (4) RIGHT-OF-WAY MAY BE ACQUIRED MORE ECONOMICALLY WHEN NOT ACQUIRED UNDER PRESSURE OF HAVING TO MEET A DEADLINE FOR CONSTRUCTION BY PROVIDING AN ADEQUATE PERIOD OF TIME FOR NEGOTIATION.

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    • 9 FIG, 2 TAB, 10 PHOT, 4 APP 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
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  • Publication Date: 1957

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  • English

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  • Accession Number: 00238692
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Aug 16 2004 6:52AM