01724799

Monograph

http://www.trb.org/Main/Blurbs/179998.aspx

Public-use property is property that is in use for a public purpose or that is set aside for a specific public purpose with the intention that the property be used for the specified purpose within a reasonable time. As the digest explains, state transportation departments appear to have sufficient authority to take public-use property for their highway and other transportation projects. However, there are some kinds of public-use property, such as parks and recreational areas, for which a transportation department may need specific statutory authority or legislative approval and/or must comply with statutory conditions and requirements before taking the public-use property. The digest discusses four principal condemnation hierarchies that may be applied to takings of property for transportation projects. The hierarchies are based on (1) the identity and authority of the condemnor (e.g., the state) vis-à-vis other condemnors (e.g., municipalities and counties); (2) the identity of the owner of the public-use property (e.g., federal, state, or local government or a public agency) sought by eminent domain; (3) the relative importance of a proposed use in comparison to the public-use property’s present use (e.g., as a park, parkland, recreational area, wildlife refuge, or historic site); and (4) the inherent importance of a highway or other transportation project in comparison to a property’s current public use. The digest analyzes state constitutional provisions and state statutes that apply to takings of public-use property. The digest analyzes in some detail § 4(f) of the Department of Transportation Act of 1996 as well as the impact of the Land and Water Conservation Fund Act (LWCFA) on takings for highway projects. The digest discusses whether the Interstate Commerce Commission Termination Act (ICCTA) and the jurisdiction of the Surface Transportation Board (STB) preempt a transportation department’s taking of railroad property and whether the Natural Gas Act (NGA) and the jurisdiction of the Federal Energy Regulatory Commission (FERC) would preempt a department’s taking of a gas or oil pipeline. The digest explains how transportation departments may acquire land or an interest in land from the United States for a project and discusses the availability of FHWA assistance. The research should serve as useful guidance to state and federal legislators, as well as administrators and lawyers, having an interest in the acquisition of public-use properties. The research also should be useful to property owners or others with an interest in property that is subject to condemnation by a governmental authority, be it federal, state, or local.

NCHRP Project 20-06, Topic 23-01

English

192p

2019-11

NCHRP Legal Research Digest

9780309480895

Digital/other

Appendices; References

Law; Legal factors; Parks; Property condemnation; Public land; Recreational facilities

Administration and Management; Law; Transportation (General)

TRIS, TRB, ATRI

Dec 10 2019 8:33AM