Loading...

Subscribe

First Name
Last Name
Email (required)
I agree to receive emails from the National Academies (required)

We respect your privacy and will never share your information.

NCHRP LRD 78: Condemnation Hierarchy Competing Public Uses 1-1
CONTENTS 2-4
I. INTRODUCTION 5-5
II. MEANING OF THE PUBLIC-USE DOCTRINE 6-7
III. CONDEMNATION HIERARCHIES FOR TAKINGS OF PUBLIC-USE PROPERTY 8-8
IV. STATE CONSTITUTIONAL PROVISIONS APPLICABLE TO TAKINGS OF PUBLIC-USE PROPERTY FOR TRANSPORTATION PROJECTS 9-9
V. STATE STATUTES APPLICABLE TO TAKINGS BY EMINENT DOMAIN OF PUBLIC-USE PROPERTY 10-15
VI. WHETHER STATE CONSTITUTIONAL PROVISIONS AND STATUTES MAY BE CONSTRUED TO PERMIT TAKINGS OF PUBLIC-USE PROPERTY 16-16
VII. EFFECT OF RESTRICTIONS IMPOSED BY STATUTE, A DEED OF DEDICATION, OR A CONSERVATION EASEMENT ON TAKINGS OF PUBLIC-USE PROPERTY 17-17
VIII. WHETHER MUNICIPALITIES, COUNTIES, OR LOCAL PUBLIC AGENCIES MAY TAKE PUBLIC-USE PROPERTY 18-22
IX. ACQUISITION OF PUBLIC-USE PROPERTY OWNED BY PUBLIC UTILITIES, RAILROADS, AND PIPELINES 23-28
X. TAKINGS OF TEMPORARY CONSTRUCTION AND OTHER EASEMENTS 29-29
XI. TAKINGS OR CONSTRUCTIVE USES OF PROPERTY PROTECTED BY 4(F) OF THE DEPARTMENT OF TRANSPORTATION ACT OF 1996 30-39
XII. EFFECT OF THE LAND AND WATER CONSERVATION FUND ACT ON ACQUISITIONS OF LAND FOR HIGHWAY PROJECTS 40-42
XIII. STATE TRANSPORTATION DEPARTMENTS ACQUISITION OF LANDS OR AN INTEREST IN LANDS FROM THE UNITED STATES 43-43
XIV. COMPENSATION OF OWNERS FOR TAKINGS OF PUBLIC-USE PROPERTY 44-52
XV. CASE STUDIES OF TAKINGS OF PUBLIC-USE PROPERTY 53-55
XVI. STATE TRANSPORTATION DEPARTMENTS RIGHT-OF-WAY MANUALS APPLICABLE TO ACQUISITIONS OR TAKINGS OF PUBLIC-USE PROPERTY 56-60
XVII. BEST PRACTICES STATE TRANSPORTATION DEPARTMENTS USE WHEN ACQUIRING OR TAKING PUBLIC-USE PROPERTY 61-61
XVIII. SUMMARY AND CONCLUSIONS 62-62
APPENDIX C SUMMARY OF TRANSPORTATION DEPARTMENTS RESPONSES TO THE SURVEY 63-63
APPENDIX D STATE CONSTITUTIONAL PROVISIONS APPLICABLE TO TAKINGS OF PROPERTY, INCLUDING PUBLIC-USE PROPERTY 64-77
APPENDIX E STATE STATUTES APPLICABLE TO TAKINGS OF PROPERTY, INCLUDING PUBLIC-USE PROPERTY 78-127
APPENDIX F LINKS TO STATE DEPARTMENTS OF TRANSPORTATION RIGHT-OF-WAY MANUALS 128-130
APPENDIX G DOCUMENTS PROVIDED IN RESPONSE TO THE SURVEY OF STATE TRANSPORTATION DEPARTMENT 131-186
ACKNOWLEDGMENTS 187-192

Log In

Sign in to access your saved publications, downloads, and email preferences.

Former MyNAP users: You'll need to reset your password on your first login to MyAcademies. Click "Forgot password" below to receive a reset link via email. Having trouble? Visit our FAQ page to contact support.

Members of the National Academy of Sciences, National Academy of Engineering, or National Academy of Medicine should log in through their respective Academy portals.

Email (required)
Password (required)

Don't have an account?

Register

Email (required)
New password (required)
Retype password (required) Password must be at least 8 characters
I accept the terms of use
terms of use

Thank You

Thank you for creating a MyAcademies account!

Enjoy free access to thousands of National Academies' publications, a 10% discount off every purchase, and build your personal library.

Forgot Password

Enter the email address for your MyAcademies (formerly MyNAP) account to receive password reset instructions.

Reset Requested

We sent password reset instructions to your email . Follow the link in that email to create a new password. Didn't receive it? Check your spam folder or contact us for assistance.

Reset Password

New password (required)
Retype password (required) Password must be at least 8 characters

Reset Password

Your password has been reset.

Log In

Verify email

Verify Your Email Address

We sent a verification link to your email. Please check your inbox (and spam folder) and follow the link to verify your email address. If you did not receive the email, you can request a new verification link below

Condemnation Hierarchy—Competing Public Uses (2019)

Chapter: ACKNOWLEDGMENTS

My Academies

Condemnation Hierarchy—Competing Public Uses (2019)

Chapter: ACKNOWLEDGMENTS