01784153

Monograph

http://www.trb.org/Main/Blurbs/182387.aspx

This legal research digest is intended to assist transit agencies with navigating the Federal Transit Administration (FTA) assisted joint development (JD) process for transit-oriented development (TOD). It addresses legal challenges or complications that may arise during that process. The digest also provides a catalog of best JD/TOD practices, and model agreements that transit agencies can tailor to their own specific needs and situations. This digest serves as an update to TCRP LRD 12: The Zoning and Real Estate Implications of Transit-Oriented Development and TCRP LRD 36: Transit Oriented and Joint Development: Case Studies and Legal Issues. It identifies the legislative, regulatory, and legal changes that have occurred at the federal level since the publication of TCRP LRD 36. The research concludes that the majority of the challenges and complications encountered by transit agencies during the joint development process are largely procedural in nature, and are related to public misconception of the FTA's requirements for FTA-assisted JD, rather than specific legal or regulatory challenges. Thus far, there have been relatively few documented legal challenges for transit agencies engaging in JD projects, nor is there federal case law directly impacting public transit agencies engaging in JD partnerships with private entities. The digest addresses the lack of clarity of the steps, rules, and requirements of the FTA-assisted JD process by regional transit agencies/authorities; public misperception; lack of public engagement/community buy-in; and the private development sector.

English

29p

2021-8

TCRP Legal Research Digest

9780309674140

Digital/other

Appendices

Federal aid; Joint development; Legal factors; Transit operating agencies; Transit oriented development

U.S. Federal Transit Administration

Finance; Law; Planning and Forecasting; Public Transportation

TRIS, TRB, ATRI

Aug 27 2021 1:47PM