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Condemnation Hierarchy—Competing Public Uses
LRD078
10398
https://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_lrd_078.pdf
179998
Condemnation Hierarchy—Competing Public Uses
State transportation departments appear to have sufficient authority to take public-use property for their highway and other transportation projects. However, there are some kinds of public-use property, such as parks and recreational areas, for which a transportation department may need specific statutory authority or legislative approval and/or must comply with statutory conditions and requirements before taking the public-use property.
The TRB National Cooperative Highway Research Program's
NCHRP Legal Research Digest 78: Condemnation Hierarchy—Competing Public Uses
discusses four principal condemnation hierarchies that may be applied to takings of property for transportation projects.
The digest also includes three additional resources:
Appendix A: State Transportation Departments Responding to the Survey
Appendix B: Copy of the Survey
Appendix C: Summary of Transportation Departments’ Responses to the Survey
Project:
Project Information
Project Number: 20-06/Topic 23-01
E-Newsletter Type:
Recently Released TRB Publications
TRB Publication Type:
NCHRP Legal Research Digest
This Summary Last Modified On: 12/12/2019
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