00488263

Component

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A number of states do not have highway reservation legislation. Several states that do have legislation indicate it is not used frequently. A major reason given is doubt about the constitutionality of these laws. The concern is that laws reserving land for future street and highway acquisition are an unconstitutional taking of property because they do not compensate the landowner for the temporary prohibition on development they require. Despite this concern, a number of states indicate considerable interest in highway reservation legislation. This paper is intended to assist the states in administering and adopting highway reservation laws. It reviews the taking of property problems created by the temporary reservation of land without compensation for streets and highways and suggests guidelines for drafting highway reservation legislation.

Page range: 936-N249 through 936-N337.

Addendum 4

89 p.

1988-6

Selected Studies in Highway Law

0-309-02434-X

Appendices (3)

Guidelines; Highway law; Legislation; Progressive traffic signal control; Right of way (Land); States; Taking (Property)

Land banking

Highways; Law; I10: Economics and Administration

TRIS, TRB

Sep 30 1989 12:00AM

• ACQUISITION OF UNECONOMIC REMNANTS UNDER 23 U.S.C. 109(F)
• EXACTION OF RIGHT-OF-WAY BY EXERCISE OF POLICE POWER
• FIRST AMENDMENT ASPECTS OF CONTROL OF OUTDOOR ADVERTISING
• LEGAL AND PROCEDURAL ISSUES RELATED TO RELOCATION ASSISTANCE
• LIABILITY FOR HIGHWAY DRAINAGE DAMAGE: SUPPLEMENTARY MATERIAL
• LOCAL PLANS AND LAND-USE CONTROLS IN RELATION TO HIGHWAYS AND THEIR USE: SUPPLEMENTARY MATERIAL
• MINERAL RIGHTS IN RIGHTS-OF-WAY: ACQUISITION, VALUATION, AND DISPOSITION
• PAYMENTS TO PUBLIC UTILITIES FOR RELOCATION OF FACILITIES IN HIGHWAY RIGHTS-OF-WAY: SUPPLEMENTARY MATERIAL
• PLANNING AND PRECONDEMNATION ACTIVITIES AS CONSTITUTING A TAKING UNDER INVERSE LAW
• RIGHTS OF ABUTTING PROPERTY OWNER UPON CONVERSION OF UNCONTROLLED-ACCESS ROAD INTO LIMITED-ACCESS HIGHWAY
• SELECTED STUDIES IN HIGHWAY LAW--ADDENDUM 4
• VALUATION AND CONDEMNATION OF ADVERTISING SIGNS AND RELATED PROPERTY INTERESTS UNDER THE HIGHWAY BEAUTIFICATION ACT: SUPPLEMENTARY MATERIAL