METHODS USED TO PROTECT RESERVE, AND ACQUIRE RIGHTS-OF-WAY FOR FUTURE USE IN MARYLAND

DURING THE PAST DECADE, THE ACQUISITION OF RIGHTS-OF-WAY HAS PROGRESSIVELY INCREASED TO ONE OF MAJOR IMPORTANCE IN THE REHABILITATION AND EXPANSION OF HIGHWAY FACILITIES. DESIRABLE METHODS TO PROTECT, RESERVE AND ACQUIRE RIGHTS-OF- WAY FOR FUTURE HIGHWAY USE ARE PROPOSED: (1) EMPHASIS SHOULD BE PLACED ON HIGHWAY RIGHT-OF-WAY PROTECTION THROUGH ROADSIDE ZONING REGULATIONS RATHER THAN ACQUIRING COSTLY AND INADEQUATE EASEMENT RIGHTS THROUGH EMINENT DOMAIN, (2) EFFORTS SHOULD BE MADE TO PROVIDE ALL ZONING BODIES WITH ADEQUATE AUTHORITY, THROUGH THEIR SUBDIVISION REGULATIONS, TO PROVIDE FOR ULTIMATE IMPROVEMENT AS A REQUISITE TO SUBDIVISION PLAT APPROVAL, (3) ADEQUATE AUTHORITY SHOULD BE PROVIDED AT THE STATE LEVEL, TO RESERVE LAND FOR HIGHWAY USE BETWEEN THE TIME THAT DEFINITE ALIGNMENT OF THE HIGHWAY IS ESTABLISHED AND DETAILED CONSTRUCTION PLANS ARE AVAILABLE (4) THE ACQUISITION OF ACCESS RIGHTS SHOULD NOT ONLY BE USED AS A MEANS OF PROTECTING FREEWAYS AND EXPRESSWAYS AGAINST ROADSIDE TRAFFIC FRICTION AND INDISCRIMINATE DEVELOPMENT, BUT SHOULD BE EXTENSIVELY USED ALONG OTHER MAIN HIGH TRAFFIC VOLUME HIGHWAYS, (5) THE STATES SHOULD HAVE ADEQUATE ENTRANCE REGULATIONS FORMULATED TO PROVIDE FOR SUCH CONTROL UNDER THE POLICE POWER, (6) SIGHT FLARES SHOULD BE PROVIDED THROUGH RIGHTS-OF-WAY ACQUISITIION, (7) STATES MUST AMEND THEIR LAWS TO PROVIDE LEGAL AUTHORITY FOR THE CONDEMNATION OF RIGHTS-OF-WAY FOR FUTURE PROPOSED CONSTRUCTION, (8) EMPHASIS SHOULD BE PLACED ON ACQUIRING RIGHT-OF-WAY WIDTHS NOT ONLY TO PROVIDE FOR PRESENT AND FUTURE CONTEMPLATED CONSTRUCTION, BUT ALSO TO PROVIDE WIDTHS WHICH WILL PROTECT THE HIGHWAYS FROM CLOSELY CLUTTERED MARGINAL DEVELOPMENTS, AND WILL PROTECT PROPERTY VALUES ABUTTING THE HIGHWAY THROUGH THE MINIMIZATION OF NOISE, DIRT, FUMES, ETC., AND (9) THAT IN PROGRAMMING OF HIGHWAY CONSTRUCTION, PLANNING BE SCHEDULED ON THE BASIS OF COMPLETING THE SURVEYS, PREPARATION OF CONSTRUCTION PLANS, RIGHT-OF-WAY PLATS AND THE ACQUISITION OF RIGHTS-OF-WAY WELL IN ADVANCE OF CONSTRUCTION DATE.

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  • Supplemental Notes:
    • No 77, pp 51-59, 1 FIG 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
  • Authors:
    • Moser, LeRoy C
  • Publication Date: 1953

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  • Accession Number: 00200853
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: May 5 1994 12:00AM