HIGHWAY DEVELOPMENT RIGHTS

THE ACQUISITION OF HIGHWAY DEVELOPMENT RIGHTS IS THE APPROPRIATION BY THE STATE OR ITS SUBDIVISIONS OF THE RIGHT OF PRIVATE PROPERTY OWNERS TO IMPROVE ROAD MARGINS. THE PURPOSE IS TO PREVENT IMPROVEMENTS ON ABUTTING PROPERTY WHICH WOULD HANDICAP PRESENT FACILITIES OR FUTURE EXPANSION OF THE HIGHWAY. BROADLY CONCEIVED, THIS CONCEPT PROVIDES FOR THE ACQUISITION OF A PRIVATE OWNER'S RIGHT TO CONVERT AGRICULTURAL OR OTHER UNDEVELOPED LAND TO RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL USES. IT IS HERE PROPOSED AS A SIMPLE, ECONOMIC, AND EFFECTIVE METHOD OF PROTECTING MAIN HIGHWAYS SO THAT THEY MAY SERVE MORE EFFECTIVELY THE PURPOSES FOR WHICH THEY ARE DESIGNED. A MODEL STATUTE IS PRESENTED AS A GUIDE TO EFFECTIVE LANGUAGE FOR STATE ENACTMENT. THE GENERAL PLAN OF THE LAW WOULD PERMIT THE HIGHWAY AUTHORITIES OF THE STATE, COUNTIES, CITIES, TOWNS AND VILLAGES TO DESIGNATE, ADJACENT TO PUBLIC STREETS AND HIGHWAYS, EASEMENT AREAS OF 100-, 200-, 300-FEET OR OF ANY OTHER WIDTH OR DIMENSIONS DEEMED APPROPRIATE. THE IMMEDIATE INTENDED EFFECTS OF SUCH DESIGNATION OF EASEMENT AREAS FOR THE SUBSEQUENT ACQUISITION OF HIGHWAY DEVELOPMENT RIGHTS WOULD BE TO ARREST ALL ROADSIDE DEVELOPMENT DETRIMENTAL TO OR INCONSISTENT WITH THE PRESENT FUNCTION AND FUTURE EXPANSION OF THE ROAD FACILITY. THEREAFTER, THE HIGHWAY AUTHORITIES MIGHT ACQUIRE HIGHWAY DEVELOPMENTS, AS SPECIFICALLY DEFINED BY THE STATUTE, BY GIFT, DEVISE, PURCHASE, OR CONDEMNATION IN THE SAME MANNER AS THE STATE AND ITS LOCAL UNITS ARE NOW OR HEREAFTER MAY BE AUTHORIZED BY LAW TO ACQUIRE PROPERTY OR PROPERTY RIGHTS FOR STREET AND HIGHWAY PURPOSES. AFTER THE ACQUISITION OF HIGHWAY DEVELOPMENT RIGHTS IN DESIGNATED EASEMENT AREAS ADJACENT TO A PUBLIC ROAD FACILITY, PROPERTY OWNERS MAY CONTINUE TO CULTIVATE THESE MARGINAL STRIPS AND OTHERWISE CONTINUE TO UTILIZE THEM IN ANY FASHION NOT INCONSISTENT WITH THE PROTECTION, PRESERVATION, AND DEVELOPMENT OF THE STREET OR HIGHWAY AS AN EFFECTIVE TRAFFIC FACILITY. COMPENSATION FOR HIGHWAY DEVELOPMENT RIGHTS WOULD BE MADE ONLY FOR ACTUAL, DEMONSTRABLE INJURY TO PROPERTY. /AUTHOR/

  • Supplemental Notes:
    • Vol 25, pp 1-7
  • Authors:
    • Levin, D R
  • Publication Date: 1946

Media Info

  • Monograph Title: Proceedings of the Twenty-Fifth Annual Meeting Held at Skirvin Hotel, Oklahoma City, Oklahoma, January 25-28, 1946
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00200885
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Jun 22 1971 12:00AM