TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 59: Enforceability of Local Hire Preference Programs highlights considerations that public agencies and community groups ought to take into account when contemplating what may be the best course of action when deciding whether to implement local hire programs. Local hire programs are generally defined as programs ...

TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 58: Legal Issues Surrounding the Use of Digital Intellectual Property on Design and Construction Projects is designed to provide an understanding of various legal issues surrounding the use of building information models on transportation design and construction projects. Those legal issues include ownership; upda...

TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 57: Tort Liability Defense Practices for Design Flexibility focuses on tort liability defense practices and cases involving the exercise of discretion in design. The report is designed to help provide a framework for determining potentially successful strategies to employ when defending design decisions made follo...

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 56: The Ramifications of Post-Kelo Legislation on State Transportation Projects explores the consequences of legislation enacted by state legislatures that limits the use of eminent domain in response to the 2005 United States Supreme Court case of Kelo v. the City of New London, where the Court held that the use ...

TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 55: Identification, Prevention, and Remedies for False Claims in Highway Improvement Contracting is designed to help define false claims as is set forth in case law, civil statutes, and other resources; and to distinguish fraud. The report also explores case law on false contract claims in connection with highways...

The National Cooperative Highway Research Program (NCHRP) Legal Research Digest 54: Practice under the Environmental Provisions of SAFTEA-LU explores the statutory provisions; regulations, including the amendments effective in April 2009; the U.S. Federal Highway Administration’s Final Guidance on the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-...

TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 53: Liability Aspects of Bikeways explores the liability of public entities for bicycle accidents on bikeways as well as on streets and highways. The report also examines the federal laws that encourage the designation and use of bikeways; the elements of a claim in tort against a public entity for a bicycle accid...

TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 52: Record Keeping Requirements for State Departments of Transportation examines applicable law and regulations pertaining to keeping, releasing, and destroying records within transportation agencies.

TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 51: Major Legal Issues for Highway Public-Private Partnerships explores legal issues that are likely to arise in the implementation of public-private partnerships in the U.S. highway sector.

TRB’s National Cooperative Highway Research Program (NCHRP) Legal Research Digest 50: Current Practices in the Use of Alternative Dispute Resolution (ADR) explores ADR policies and procedures of state departments of transportation in the areas of environment, contracts, rights-of-way, and torts.

TRB National Cooperative Highway Research Program (NCHRP) Legal Research Digest 49, Emergency Contracting: Flexibilities in Contracting Procedures during an Emergency examines the flexibility in federal procurement; presents a summary of practices, procedures, and laws in state procurements; and identifies limitations imposed by grant agreements.

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 48: Civil Rights in Transportation Projects addresses the civil rights issues that arise when public transportation officials plan highways and related projects that allegedly affect minorities or ethnic groups in a discriminatory way, in violation of Title VI of the Civil Rights Act of 1964.

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 47: Judicial Enforcement of Variable Speed Limits examines judicial decisions and judicial enforcement on variable speed limit programs.

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 45: The States' Immunity From Suit in Federal and State Court examines the scope and recent interpretations of the Eleventh Amendment to the United States Constitution. That amendment restricts the judicial power of the United States over States. As the Congress enacts legislation applicable to States, States are ...

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 44: Reexamination of the Line Between Governmental Exercise of the Police Power and Eminent Domain reexamines the issue of where to draw the line between the governmental exercise of police powers, for which the government does not have to compensate the affected property owners, and eminent domain. Eminent domain...

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 43: Application of the Fourth Amendment to the Inspection of Commercial Motor Vehicles and Drivers reviews court decisions, statutes, administrative regulations, and other authorities concerning commercial motor vehicle stops and inspections, and suggests guidelines to assist state law enforcement personnel in sto...

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 42: Enforcement of Environmental Mitigation Commitments in Transportation Projects: A Survey of Federal and State Practice addresses issues concerned with the enforcement of environmental mitigation commitments on highway construction and maintenance projects. It should be useful to attorneys, administrators, righ...

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 41: Application of Outdoor Advertising Controls on Indian Land addresses the need for clarification as to the applicability of the Highway Beautification Act of 1965 to Indian reservations and Indian trust lands. It should be helpful to administrators and attorneys who are involved with regulating outdoor advertis...

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 40: Liability of Highway Departments for Damages Caused by Stormwater Runoff describes various approaches state DOTs have used in dealing with stormwater problems. The report also analyzes which states follow which rules. It should provide a useful reference for attorneys, risk managers, and engineers. The paper i...

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 39: Liability of Contractors to State Transportation Departments for Latent Defects in Construction after Project Acceptance describes and analyzes the responses to a questionnaire submitted to state DOTs. This information should help attorneys, administrators, engineers, contracting officers, and financial offici...