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Legal Issues Concerning the Use of Transportation Facilities to Generate Revenue for State DOTs
6/24/2020 11:55:18 AM
Utility companies are seeking to locate communications facilities and evolving wireless communication technology and its infrastructure in state right-of-way. The TRB National Cooperative Highway Research Program's NCHRP LRD 81: Legal Issues Concerning the Use of Transportation Facilities to Generate Revenue for State DOTs summarizes and provides a legal analysis of the legal issues related to a state DOT’s obligation to provide access to the state right-of-way for communication utilities, and a DOT’s op...
Buy America Requirements for Federal Highway Projects
5/1/2020 11:55:49 AM
The Federal Highway Administration's “Buy America Act” requires federally funded highway projects to use only steel, iron, and manufactured products produced in the United States. The TRB National Cooperative Highway Research Program's NCHRP LRD 80: Buy America Requirements for Federal Highway Projects summarizes the intent and application of the provision. It also summarizes the procedure that FHWA has implemented for granting waivers and the impact that court interpretation of such waivers has had on t...
Legal Requirements for State Departments of Transportation Agency Participation in Conservation Plans
10/3/2017 9:00:26 AM
TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 75: Legal Requirements for State Departments of Transportation Agency Participation in Conservation Plans describes Habitat Conservation Plans (HCPs) and their relation to wetland mitigation banking, regional planning, and the National Environmental Policy Act (NEPA). Purchase and sale of wetland banks, habitat, and stream credits may be characterized as real property or personal property transactions. This digest covers me...
Liability of State Departments of Transportation for Design Errors
2/1/2017 12:00:25 PM
TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 74: Liability of State Departments of Transportation for Design Errors covers liability insurance for design errors and omissions. It also examines public construction law, professional liability, and product warranties. This study demonstrates that litigation has defined the parameters of a transportation department’s liability for design errors or omissions. State tort- and sovereign-immunity statutes may shield an agency...
Summary of Federal Law Restricting Use of Highway Safety Data in Tort Litigation
12/22/2016 12:00:26 PM
TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 72: Summary of Federal Law Restricting Use of Highway Safety Data in Tort Litigation explores the origins and provisions of 23 U.S.C. § 409, Discovery and Admission as Evidence of Certain Reports and Surveys, which prohibits the use, in tort litigation, of highway safety data created for purposes related to safety improvements on roads qualifying for federal safety improvement funding. The digest explores the amendments to ...
Takings and Mitigation
4/15/2016 11:00:48 AM
TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 70: Takings and Mitigation explores the extent to which permitting agencies are able to advance public policy goals in the land-use permitting and project development processes, or at what point they are considered unconstitutional exactions. This digest provides updated legal research regarding the legal standard for exactions, including the impact of the 2013 Koontz v. St. John’s River Water Management District decision o...
A Look at the Legal Environment for Driverless Vehicles
3/17/2016 7:09:40 PM
TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 69: A Look at the Legal Environment for Driverless Vehicles explores legal policy issues that may be associated with driverless vehicles. It provides an introduction to how civil and criminal liability may adhere to driverless vehicles, the implications of these vehicles for privacy and security, how these vehicles are likely to become subject to and potentially alter prevailing automobile insurance regimes, and other relat...
Liability of Design-Builders for Design, Construction, and Acquisition Claims
12/29/2015 10:07:27 AM
TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 68: Liability of Design-Builders for Design, Construction, and Acquisition Claims discusses case law relevant to design liability, provides examples of contract language relevant to design liability, provides information about state laws relevant to liability and indemnity for design-build projects, and addresses the extent to which design-build procedures and deadlines impact the acquisition of right-of-way and condemnatio...
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