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Title: LEGAL ASPECTS OF THE UTILIZATION AND DEVELOPMENT OF AIRSPACE OVER AND UNDER FREEWAYS
Accession Number: 00238276
Record Type: Component
Abstract: AMERICAN LAWYERS INHERITED FROM ENGLISH COMMON LAW THE PRINCIPLE THAT A LANDOWNERS RIGHTS ADHERED NOT ONLY TO THE SURFACE OF THE GROUND BUT EXTENDED INDEFINITELY UPWARD INTO THE AIR AND DOWNWARD INTO THE EARTH MODERN ABILITY TO UTILIZE THE AIR SPACE ABOVE LAND HAS LED TO MODIFICATION OF THIS HISTORIC VIEW. CONSTRUCTION OF ELEVATED HIGHWAY FACILITIES IN URBAN AREAS IS PRESENTING PROBLEMS FOR WHICH LEGAL PRECEDENTS ARE INADEQUATE. CLARIFICATION OF LEGAL RIGHTS AND PUBLIC POLICY REGARDING USE OF AIR SPACE OVER AND UNDER HIGHWAYS, AND DEVELOPMENT OF EXPERIENCE IN WORKING OUT LEGAL PROBLEMS INVOLVING AIR SPACE USE, CONSTITUTE A MAJOR FIELD FOR LEGAL RESEARCH. PARTICULAR NEED FOR RESEARCH EXISTS REGARDING DEFINITION OF PUBLIC AND PRIVATE INTERESTS INVOLVED IN AIR SPACE USE, LEGAL TECHNIQUES FOR REGULATING AIR SPACE USE, CRITERIA AND PROCEDURE FOR VALUATION OF AIR SPACE, AND CONTRACTURAL ARRANGEMENTS WITH HIGHWAY CONTRACTORS CONSTRUCTING FACILITIES IN AIR SPACE. /AUTHOR/
Supplemental Notes: 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 #: 01410037
Authors: Fenton, Harry SPagination: pp 52-64
Publication Date: 1965
Serial: Media Type: Digital/other
Features: Figures
(7)
TRT Terms: Uncontrolled Terms: Old TRIS Terms: Subject Areas: Highways; Law
Files: TRIS, TRB
Created Date: Dec 12 1994 12:00AM
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