00238740

Component

https://onlinepubs.trb.or...inepubs/sr/sr76/76-021.pdf

THE PROBLEMS INVOLVING ABUTTERS' RIGHTS OF ACCESS IN CONNECTION WITH HIGHWAY CONSTRUCTION ARE DISCUSSED. THE POWERS WHICH ARE AVAILABLE TO THE PUBLIC FOR IMPLEMENTING ACCESS CONTROL FALL INTO FIVE CATEGORIES: (1) THE POWER TO REGULATE PRIVATE USE OF PROPERTY REFERRED TO AS THE POLICE POWER, (2) THE POWER TO APPROPRIATE PRIVATE PROPERTY FOR PUBLIC USE ON COMPENSATION REFERRED TO AS EMINENT DOMAIN, (3) THE POWER TO MAKE CONTRACTS IN THE AID OF PUBLIC PURPOSES, (4) THE POWER TO TAX AND LICENSE, AND (5) THE PLANNING FUNCTION OF PUBLIC AGENCIES. IN ENGLAND, IT APPEARS THAT ACCESS IS CONTROLLED PRIMARILY THROUGH THE POWER TO TAX AND LICENSE AND THE PLANNING FUNCTION OF PUBLIC AGENCIES. THE ACCESS CASES DECIDED IN THE UNITED STATES IN THE LAST EIGHTEEN MONTHS, CAN BE CATEGORIZED AS FOLLOWS: (1) CHANGE OF GRADE CASES, (2) CUL-DE-SAC CASES, (3) CONTROL OF ACCESS ON NEW LOCATIONS, (4) CASES DEALING WITH CONVERSION OF EXISTING NON-CONTROLLED-ACCESS FACILITIES TO CONTROLLED-ACCESS FACILITIES, (5) TRAFFIC CONTROL CASES, (6) CONTRACT CASES, AND (7) VALUE CASES. CASES IN EACH CATEGORY ARE CITED AND DISCUSSED. TWO TRENDS TOWARD COMPENSATION ARE INDICATED. THE DAMAGING CONSTITUTION STATES SEEM TO BE HEADED MORE IN THE DIRECTION OF LIBERAL COMPENSATION. THE TAKING CONSTITUTION STATES SEEM TO COME NEARER FOLLOWING UNIVERSAL PRINCIPLES APPLICABLE IN VARIOUS SITUATIONS.

pp 163-178, 6 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.

01410760

pp 163-178

1962

Highway Research Board Special Report

Workshop on Highway Law

Digital/other

Figures; References

Access control (Transportation); Contracts; Cul de sacs; Eminent domain; Employee compensation; Planning; Police powers; Present value; Public administration; Right of way (Land); Road construction; Slopes; Taxation; Traffic control

Access control; Change; Compensation; Grades; Value

Administration and Management; Highways; Law; Operations and Traffic Management; Planning and Forecasting; Security and Emergencies

TRIS, TRB

Sep 29 1994 12:00AM

• ACQUISITION THROUGH ADMINISTRATIVE PROCEDURES
• CONTRACT ADMINISTRATION: PROBLEMS OF ENFORCEMENT
• CONTRACT ADMINISTRATION: THE CHALLENGE OF CHANGED CONDITIONS
• CONTROL OF ROADSIDE LAND USE, BILLBOARDS, AND SUBDIVISIONS
• GUIDE LINES FOR DETERMINING TORT LIABILITY OF HIGHWAY AGENCIES AND CONTRACTORS
• HIGHWAY LAW REVISION STUDIES: THE RESEARCHER'S VIEW
• HIGHWAY LAW REVISION STUDIES: WYOMING
• HIGHWAY LAWS RESEARCH
• HIGHWAY PROGRAMS AND HIGHWAY LAWS AND DISCUSSION
• LIABILITY FOR COST OF RELOCATING UTILITIES DUE TO HIGHWAY IMPROVEMENTS
• LIABILITY FOR DRAINAGE DAMAGE
• MEASURE AND PROOF OF DAMAGES
• PRE-TRIAL DISCOVERY TACTICS
• PREPARATION OF APPRAISAL TESTIMONY
• STRATEGY AND TACTICS IN HIGHWAY CONDEMNATION CASES: AN ANALYSIS
• THE CHAMPION BRICK CASE: A STUDY IN THE PROOF OF VALUE
• THE CONTINUING EVOLUTION OF INVERSE CONDEMNATION
• THE ROLE OF RESEARCH IN LEGISLATIVE ADVOCACY
• TRIAL AIDS IN CONDEMNATION CASES
• USE OF ECONOMIC EVIDENCE IN CONDEMNATION CASES