"RETROACTIVE" APPLICATION OF THE PUBLIC HEARINGS PROVISION OF THE AMENDED FEDERAL-AID HIGHWAY ACT

The issue of whether new public hearings will be required with respect to ongoing highway projects is approached here through a study of the history and statutory interpretation of the relevant sections of the Federal-Aid Highway Act and NEPA and by a critical analysis of hearings cases. A number of recurring, influential factors to be carefully weighed in light of the individual circumstances of every case might include the following: the amount of work completed, the expense of halting work, the cost of completing the project, the other uses to which acquired land can be put, the prevention of possible harm to the environment, the seriousness and consequences of relocation problems, the good faith manifested by highway officials, the sufficiency of prior hearings, and the degree of citizen participation already achieved in the decision making process. It must be recognized that delay in arriving at a judicial resolution can alter the balance of the factors.

  • Corporate Authors:

    University of California, Los Angeles

    School of Law
    Los Angeles, CA  USA  90024
  • Authors:
    • Hummer, M D
  • Publication Date: 1975-2

Media Info

  • Pagination: p. 683-704
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00084703
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jul 2 1975 12:00AM