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Title: HIGHWAY LAWS RESEARCH
Accession Number: 00238721
Record Type: Component
Abstract: SOME ILLINOIS CASES PERTAINING TO HIGHWAY LAWS ARE DISCUSSED IN RELATIONSHIP TO THE FEDERAL INTERSTATE SYSTEM. PROCEDURES AND DISBURSEMENTS FOR RIGHT-OF-WAY ACQUISITION ARE DESCRIBED. ONE OF THE MOST PERPLEXING PROBLEMS IN CONNECTION WITH THE ACQUISITION OF RIGHTS-OF-WAY, ESPECIALLY FOR FREEWAYS, IS THE SEVERANCE-DAMAGE APPRAISAL OF REMAINING PARCELS. FINDINGS CONTAINED IN THE MANUAL FOR HIGHWAY SEVERANCE DAMAGE STUDIES PREPARED BY THE HIGHWAY AND LAND ADMINISTRATION DIVISION OF THE BUREAU OF PUBLIC ROADS ARE DISCUSSED. THE MANUAL PROVIDES SUGGESTIONS FOR OBTAINING MAXIMUM USEFULNESS FROM THE SEVERANCE DAMAGE FORM WHICH HAS BEEN DEVELOPED BY THE COOPERATIVE EFFORTS OF INTERESTED PERSONS IN THE VARIOUS STATES, THE AMERICAN RIGHT OF WAY ASSOCIATION AND THE BUREAU OF PUBLIC ROADS. IN THE 1957 ILLINOIS STATE LEGISLATURE, A BILL WAS ENACTED INTO LAW, TO THE EFFECT THAT WHEN IN THE JUDGMENT OF THE ACQUIRING AGENCY IT IS MORE PRACTICAL AND ECONOMICAL TO ACQUIRED THE FEE TO THE INACCESSIBLE REMNANTS OF THE TRACTS OF LAND FROM WHICH RIGHTS-OF-WAY ARE BEING ACQUIRED THAN TO PAY SEVERANCE DAMAGES, SAID AGENCY MAY DO SO BY PURCHASE BUT NOT BY AN EMINENT DOMAIN PROCEEDING. THIS LEGISLATION HAS PROVED TO BE BENEFICIAL AS WELL AS ECONOMICAL IN THE ACQUISITION OF RIGHTS-OF-WAY FOR FREEWAYS. ALSO IN 1957, THE ILLINOIS GENERAL ASSEMBLY AMENDED THE FREEWAY ACT BY AUTHORIZING THE CLOSING OF ROADS THAT JOIN OR INTERSECT THE INTERSTATE HIGHWAYS. PRIOR TO THIS, A HEARING HAD TO BE HELD IN THE COUNTY WHERE THE CROSSING IS SITUATED. NO CROSSING MAY BE ELIMINATED WHICH SHALL UNDULY DISCOMMODE OR INTERFERE WITH LOCAL TRAFFIC, OR DESTROY REASONABLE ACCESS TO SCHOOLS, CHURCHES, MARKETS, TRADE OR COMMUNITY CENTERS. RECENTLY, THE BUREAU OF PUBLIC ROADS CALLED ATTENTION TO THE FACT THAT SEVERANCE DAMAGES CAUSED BY A PROPERTY BEING RELOCATED ON A FRONTAGE ROAD, WHETHER IDENTIFIED AS CIRCUITY OF TRAVEL OR IMPAIRMENT OF ACCESS ARE GENERALLY NON-COMPENSABLE IN EMINENT DOMAIN AND, THEREFORE, NON-FEDERAL PARTICIPATING. THIS RULING WAS IN THE STATE OF INDIANA. APPARENTLY THE QUESTION HAS NOT BEEN DECIDED BY THE SUPREME COURT OF ILLINOIS. STUDY IS NEEDED ON PRESENTLY ACCEPTED METHODS OF DETERMINATION OF BENEFITS, BOTH USER AND NON-USER, FROM HIGHWAY IMPROVEMENTS. HIGHWAY ADMINISTRATORS MUST ENLIST PUBLIC SUPPORT AND UNDERSTANDING FOR RESEARCH AND NEEDED LEGISLATION.
Supplemental Notes: pp 1-4. 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 #: 01410760
Corporate Authors: Highway Research Board (HRB) Washington, DC Authors: Bartelsmeyer, R RPagination: pp 1-4
Publication Date: 1962
Conference:
Workshop on Highway Law
Location:
Wisconsin, United States Media Type: Digital/other
TRT Terms: Identifier Terms: Uncontrolled Terms: Old TRIS Terms: Subject Areas: Highways; Law; Research
Files: TRIS, TRB
Created Date: Sep 29 1994 12:00AM
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