ADVANCE ACQUISITION UNDER THE FEDERAL-AID HIGHWAY ACT OF 1968

ADVANCE ACQUISITION OF LANDS FOR FUTURE HIGHWAY USE IS ESSENTIAL IF THE TRANSPORTATION NEEDS OF EXPANDING AND MOBILE SOCIETY ARE TO BE PROVIDED IN AN EFFICIENT AND ECONOMICAL MANNER. IN THE 1968 FEDERAL-AID HIGHWAY ACT, CONGRESS SUBSTANTIALLY CHANGED THE FUNDING AND OTHER PROCEDURES OF THE 1956 ACT, TO ENCOURAGE USE OF THE ADVANCE ACQUISITION MECHANISM BY THE STATES. A COLLECTION IS PRESENTED OF APPOSITE AND REPRESENTIVE CASES DEALING WITH SUBSTANTIVE LEGAL PRINCIPLES GOVERNING ACQUISITION OF LANDS FOR FUTURE USE. THE SUBSTANTIVE PRINCIPLES ANNOUNCED BY THE COURTS GOVERNING ADVANCE ACQUISITION MAY BE SUMMARIZED AS FOLLOWS: IT HAS BEEN RECOGNIZED BY MANY COURTS SINCE AN EARLY DATE THAT THE RIGHT TO ANTICIPATE FUTURE NEEDS IS INHERENT IN THE EXERCISE OF THE POWER OF EMINENT DOMAIN, AND THAT NO EXPRESSED DELEGATION OF LEGISLATIVE AUTHORITY IS REQUIRED TO INVEST SUCH RIGHT IN THE GRANTEE OF THE POWER. REASONABLE NECESSITY ONLY NEED BE SHOWN. SPECIFIC PROVISIONS OF THE FEDERAL-AID ACT OF 1968 ARE REVIEWED. SUGGESTED LEGISLATION EXPRESSLY AUTHORIZING ADVANCE ACQUISITION OF RIGHT-OF-WAY IS PROPOSED.

  • Supplemental Notes:
    • 1 TAB, 69 REF
  • Publication Date: 1970-7

Media Info

  • Pagination: 21 p.
  • Serial:
  • Publication flags:

    Open Access (libre)

Subject/Index Terms

Filing Info

  • Accession Number: 00200877
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Oct 13 1970 12:00AM