CONFLICT OF LAWS AND PROBLEMS OF INTERPRETATION ON PARTICIPATION BETWEEN FEDERAL AND STATE

The question of conflicts is examined in relation to the state's statutory procedures. The basis for reinbursement as set forth in PPM 80-1 is discussed and the areas (right- of-way, excess land, advertising, relocation assistance inverse condemnation, and construction) of possible conflict are reviewed. State requirements regarding right-of-way are discussed, the lack of consistency in laws is noted, the ultimate responsibility for settlement is questioned, and a plea is made for examination of legal settlements by lawyers. The aspects of participation, market value and maintenance as related to excess land are discussed. The legislation on advertising is reviewed, and the different problems that have arisen between state and federal law interpretation regarding relocation assistance is reviewed Inverse condemnation legislation is discussed and reference is made to the Tucker Act. In the area of construction, the problem is seen not as a conflict of law but as one of interpretation of engineering versus bureau terms.

Media Info

  • Pagination: p. 10-24

Subject/Index Terms

Filing Info

  • Accession Number: 00084405
  • Record Type: Publication
  • Files: TRIS
  • Created Date: May 7 1975 12:00AM