The advantages of advance acquisition of land for future highway use are listed, the concept of "public use" is briefly examined, and the substantive principles governing acquisition for future use (authority to anticipate future needs, requirement of showing of necessity, determination of necessity as discretionary matter, reasonable necessity, reasonable time, specific plans) are discussed and summarized. The federal acts and regulations and state statutes affecting advance acquisition are reviewed. The cases reviewed here show that the courts have taken the view that the power of eminent domain encompasses the taking of property for future use. It is noted that when certain limiting rules laid down by the courts are closely observed, no legal problems of consequential nature should be encountered in a take for future use. Presently, only 27 of the 50 states employ revolving fund monies to effect advance acquisition. Reports show that the 27 states indicate substantial dollar savings by taking advantage of the provisions of 23 U.S.C. 108. It is also noted that advance acquisition can provide benefits other than and in addition to reducing the overall cost of highway construction.


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Filing Info

  • Accession Number: 00148922
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Aug 28 1998 12:00AM