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Title: ECONOMIC AND LEGAL ASPECTS
Accession Number: 00235697
Record Type: Component
Abstract: RELIABLE ESTIMATES AS TO HOW MUCH LANDSLIDES COST THE NATION ARE DIFFICULT TO OBTAIN. IT CAN BE STATED, HOWEVER, THAT THE AVERAGE YEARLY COST OF LANDSLIDES IN THE CONTINEN- TAL UNITED STATES RUNS TO HUNDREDS OF MILLIONS OF DOLLARS. HIGHWAYS, RAILROADS, AND PUBLIC UTILITITES AS A GROUP RE- CEIVE THE GREATEST DIRECT DAMAGES. A NATIONWIDE QUESTIONAIRE YIELDED DATA ON THE TYPICAL COSTS OF LANDSLIDES TO HIGHWAY AND RAILROAD ORGANIZATIONS. LANDSLIDE COSTS, AS RELATED TO TYPES, ARE DISCUSSED. THE RELATIVE COSTS OF PREVENTION, COR- RECTION AND MAINTENANCE ARE DISCUSSED. THE GREATER THE CON- STRUCTION COST ON NEW WORK THE MORE JUSTIFIED ARE ADDITIONAL EXPENDITURES FOR PREVENTION OF SLIDES. IF EMBANKMENTS ARE PROPERLY DESIGNED AND CONSTRUCTED, EMBANKMENT FAILURES SHOULD BE INFREQUENT. MORE STUDY OF THE PERIODICITY OF SLOPE FAILURES IN VARIOUS SOILS AND ROCKS IS REQUIRED BEFORE A FULL ANALYSIS OF THE ECONOMICS OF CUT SLOPES CAN BE MADE. IT IS USUALLY CONSIDERED MORE ECONOMICAL TO CONSTRUCT THE SLOPES AT ANGLES THAT WILL BE REASONABLY SAFE, UNDER MOST CONDITIONS, RATHER THAN TO DESIGN THEM WITH THE EXPECTATION THAT NO RESLOPING WILL BE REQUIRED IN THE FUTURE. SUMMARIES ARE PRESENTED OF ACTUAL COURT DECISIONS WHICH RESULTED FROM A REVIEW OF LAW REPORTS. MOST COURT CASES INVOLVED CLAIMS FOR PERSONAL PROPERTY DAMAGE OR PERSONAL INJURY. NO CASES WERE FOUND THAT CONCERNED DAMAGE TO LAND BY LANDSLIDE ENCROACHMENT OR BY INTERFERENCE WITH DRAINAGE. AS A MATTER OF GENERAL POLICY, AND ON THE THEORY THAT THE PAYMENT OF FEES FOR TRANSPORTATION OF GOODS AND PERSONS IMPLIES SAFE TRANSPORTATION, THE RAILROADS GENERALLY SETTLE CLAIMS WITHOUT RECOURSE TO LITIGATION. MANY OF THE STATE HIGHWAY DEPARTMENTS REPORTED NO SPECIAL LEGAL PROBLEMS CONNECTED WITH LANDSLIDES; MONTANA AND PENNSYLVANIA, HOWEVER, STATED THAT THEY RELY ON THEIR SOVEREIGN RIGHTS, WHICH ABSOLVE THE STATE OF ALL RESPONSIBILITY UNLESS CONSENT TO SUE IS GRANTED. OHIO REPORTS THAT ITS CHIEF LEGAL PROBLEMS HAVE TO DO WITH PRIVATE PROPERTY THAT ABUTS THE HIGHWAYS HAS CAUSED DAMAGES, THE STATE COMMONLY SETTLES CLAIMS OUT OF COURT. THIS APPEARS TO BE THE GENERAL POLICY THROUGHOUT THE COUNTRY. THE LEGAL SITUATION WITH REGARD TO MODERN TOLLROADS APPEARS TO HAVE BEEN UNTESTED. A FEW DATA ARE AVAILABLE AS TO THE LAW CONCERNING DAMAGE TO URBAN PROPERTY BY LANDSLIDES. ENGINEERING SKILL AND JUDGMENT ARE IMPORTANT FACTORS IN MANY COURT CASES, AND PERHAPS THE DETERMINING ONES IN SOME DECISIONS.
Supplemental Notes: pp 6-19, 4 FIG, 5 REF 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.
Monograph Title: Monograph Accession #: 00234453
Authors: Smith, RPublication Date: 1958
TRT Terms: Uncontrolled Terms: Old TRIS Terms: Subject Areas: Construction; Economics; Finance; Geotechnology; Highways; Law; Railroads; Society
Files: TRIS, TRB
Created Date: Aug 17 1970 12:00AM
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