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Exactions/Takings
Corridor Maps/Planning
Regional Transportation Planning
Annexation Agreements
Easements
Acquisition/Dedication/Eminent Domain
Transferable Development Rights/Purchase of Development
Rights
Transportation Planning
Environment
EXACTION/TAKINGS
Ackerly, David. 1995. "Exactions for Transportation Corridors After
Dolan v. City of Tigard." Loyola of Los Angeles Law Review
29 (November):247-95.
Ackerly presents the history and case law on exactions and regulatory
takings, from the advent of the Fourteenth Amendment applying the takings
clause to states, through the 1987 "takings trilogy," and
concluding with Lucas and the eve of the Dolan case. The
facts and procedural history of Dolan are summarized and the
meaning of the Dolan test is analyzed, with a focus on "reasonable
relationship" as a middle ground between "rational relationship"
and "specifically and uniquely attributable." Ackerly also
discusses the application of the Dolan test to transportation
corridors, arguing that takings law is flexible rather based on a fixed
calculations and should allow local governments to have flexible tools
to act for the public. The bike path at issue in Dolan points
to the need for local governments to be able to respond to traffic impacts
of development with dedication requirements not only of automobile roads
but alternative transportation facilities.
Arias, Elizabeth K. 1998. "Batch v. Town of Chapel Hill.
Takings Law and Exactions: Where Should South Carolina Stand?" Campbell
Law Review 21:49-65.
Arias describes the Batch case (N.C. Sup. Ct. 1990), in which
a subdivision plat was denied because the plat was incompatible with
the road plans of the town as expressed in itsThoroughfare Plan. The
Court upheld the town's denial but did not address the landowner's takings
claim. A factual background of the case, procedural history, and summary
of the appellate court's and then the supreme court's decision are also
included. The case involved an owner who brought suit in federal court
claiming a taking. (The case was still pending at the time the article
was published.) The author's argument is that the owner suffered a taking
when the plat was denied for "failure to take into account"
the Thoroughfare Plan in platting the roads. The plan in question involved
a projected major parkway, not a side or feeder street, and the owner
would have had to dedicate (or at least not build on) a highway's width
of property, raising proportionality issues. The author also analyzed
the potential measures of compensation, which include (1) a temporary
taking of all the property (since plat rejection precluded development
of the entire parcel), (2) a permanent taking of the parkway strip only,
and (3) other measures.
Borhart, Robert J. 1994. Final Report: Corridor Reservation--Implications
for Recouping a Portion of the "Unearned Increment" Arising
From Construction of Transportation Facilities. Charlottesville, Va.:
Virginia Transportation Research Council.
This report identifies several mechanisms that can be used to recapture
a portion of the unearned increment in relation to transportation corridors.
The unearned increment is defined as "the substantial increases
in the value of private land located near a transportation facility
that is newly created or improved by the governmental entity."
In Virginia, the state government receives little, if any, of the unearned
increment. The approaches examined include special assessment districts,
impact fee districts, zones for proffers (a form of "voluntary"
exaction unique to Virginia), and receiving areas for transfer of development
rights.
Curtin, Daniel J., and Jonathan M. Davidson. 1995. "Life After Dolan:
Review of the Cases." Urban Lawyer 27(4):874-88.
A summary of the case law on exactions in the post-Dolan era
is presented, with an emphasis the key elements of the Dolan
test (i.e., essential nexus with a legitimate state purpose; rough proportionality
of the exaction with the impact). Two of the cases had been remanded
by Fed. Sup. Ct. at the same time it handed down Dolan; one from
California (which ruled that no taking had occurred because the municipal
arts program was adopted legislatively and applicable to all large developments)
and the other from Arizona (with the same result because the fee was
a legislative as opposed to adjudicative action). There is an analysis
of several independent cases in state court where Dolan was invoked,
with some courts deciding that Dolan didn't apply because the
fee in question was general (legislative) rather than imposed on a particular
property. The effect of Dolan on local government use of exactions
and impact fees will be to require that governments will have to provide
documented supporting evidence, though not to a mathematical proportionality,
and will not be able to rely on generic findings.
Davidson, Jonathan M., and Adam U. Lindgren. 1997. "Exactions and
Impact Fees--Nollan/Dolan: Show Me the Findings!" Urban
Lawyer 29(3): 427-37.
The authors provide an analysis of federal and state cases between
May 1996 and April 1997 interpreting the Nollan/Dolan takings
test. An Oregon Court of Appeals case (Art Piculell Group v. Clackamas
County) carefully applied the Nollan/Dolan test to a dedication
and road improvements that were conditions of subdivision plat approval.
A Washington appellate court remanded a case because trial findings
were inadequate to show rough proportionality (though the Washington
court did not apply test as strictly as Oregon court). Several other
cases are also analyzed regarding whether Nollan/Dolan applies
only to development approval conditioned on dedication only or also
to conditions that a fee be paid. For example, the California Supreme
Court said the test applies to fees if individually imposed under adjudicative
conditions. The Arizona Supreme Court came to the same conclusion in
not applying the test to a generally applicable water service fee, payment
of which was a condition of building permit issuance, as did the Minnesota
Superior Court regarding a fee assessed on mobile home park owners to
pay for relocation of persons displaced by closing the park. A summary
of various state cases where impact fee successfully challenged for
noncompliance with the enabling statute is also included. One of the
uses to which exactions are put is the acquisition of transportation
corridors, and therefore this article is relevant to the project.
Davidson, Jonathan M., Ronald Rosenberg, and Michael C. Spata. 1998.
"’Where's Dolan?’: Exaction Law in 1998." Urban Lawyer
30(3): 683-99.
This summary of case law on exactions in the post-Dolan era
found that many state courts have deferred to the local government findings
in determining rough proportionality, while other states have applied
the test critically. It includes a detailed discussion of cases in Wisconsin
and New Jersey Superior Courts concerned with allegations of excessive
local government "leverage" (i.e., imposing general community
costs on new development) as in Dolan. The extent to which Dolan
has affected the recitation of legislative findings and the general
drafting of new exactions ordinances is also included.
Durden, Brenna, David Layman, and Sid Ansbacher. 1996. "Waiting
for the Go: Concurrency, Takings, and the Property Rights Act." Nova
Law Review 20: 661-82.
Durden et al. analyze Florida statutes and regulations regarding concurrency
requirements for roads, sewer, water, drainage, solid waste, parks,
and transit facilities for new development, while documenting the exceptions
for urban redevelopment. The authors also describe local government
requirements to prepare long-term transportation management plans and
to designate infill development or redevelopment areas and transit-oriented
development projects. The article also describes Joint Ventures v.
Dep't of Transportation (1990), the Florida Supreme Court case wherein
the court found that a corridor map reservation that prohibited development
in the designated corridor effected a taking without compensation. Subsequent
Florida cases applying the Joint Ventures decision are also described.
The authors list relevant questions or elements for determining whether
a concurrency requirement effects a taking. The Florida Private Property
Rights Protection Act (Harris Act) is also discussed. That act grants
landowners a cause of action when government action "inordinately
burdens" their property, even if a constitutional taking has not
occurred. The Harris Act protects existing uses and reasonably
foreseeable uses compatible with surrounding uses, applies an equitable
estoppel test to such uses, and provides two alternative tests for "inordinate
burden." The author asserts that the Harris Act applies to concurrency
moratoria.
Kuzminski, Michael. 1998. "Let There Be Light, Air, and Views: It's
Time to Take Another Look at Utah State Road Commission v. Miya."
Journal of Land, Resources, and Environmental Law 18: 311-33.
This article analyzes case law on implied easements of light, air,
and view as they related to the takings clause of the Federal and Utah
constitutions. The case on point in Utah, State Road Commission v.
Miya (1974), states that rights to light, air, and view are implied
easements upon neighboring land that cannot be taken without just compensation
and that highway viaduct construction constituted such a taking as to
the owner's remaining land, independent of the condemnation of land
for the highway. In conjunction with other Utah cases discussed, this
means that a landowner could collect for the diminishment in market
value of their property due to a highway (or potentially railway or
transit) improvement that does not physically take their property but
negatively affects it. The author argues that Miya ruling should
continue to be followed, based on prevailing Federal Supreme Court and
Utah Supreme Court tests for inverse condemnation. The article also
analyzes the case law of states that find a compensable property right
in light, air, and view and those states that do not. The phrasing of
the takings clause in the state constitution matters: states that prohibit
the taking or damage of property without compensation are more likely
to award compensation for impinging on light, air, or views than states
with a more traditional takings clause like the one in the Federal Constitution.
California, Mississippi, and West Virginia courts have also ordered
government to compensate landowners for deprivation of light, air, or
views. Alaska, Minnesota, Nevada have refused to grant the landowner
compensation in such cases, either finding that no right to light, air,
or views existed or that it was trumped by the public's right to travel
on the roads.
Stroud, Nancy E., and Susan L. Trevarthen. 1996. "Defensible Exactions
After Nollan v.California Coastal Commission and Dolan v. City
of Tigard." Stetson Law Review 25: 719-822.
The summary of Nollan includes the fact pattern, court decision,
lower-court cases interpreting or distinguishing Nollan (most
cases citing it only in passing), and U.S. Supreme Court cases applying
the Nollan test. A detailed discussion of Yee v. City of Escondido,
(U.S. 1992), which held that a rent control ordinance was not a taking,
as well as several post-Yee state and federal cases on rent control
as a taking are analyzed. A comprehensive analysis is also provided
on the application of Nollan in federal courts and in various
state courts, which have varying degrees of eagerness about applying
Nollan factors. The fact pattern and Court's decision are also
provided for the Dolan case. Issues raised by Dolan, according
to the authors, include: (1) does the Dolan test apply outside
land dedications; (2) is Dolan limited to adjudicative-style
decisions; (3) what is the distinction between "roughly proportional"
and "reasonable relationship"?; and (4) the burden of the
requirement that the local government make an "individualized determination"
of proportionality in each case. The authors also discuss the effect
of Nollan and Dolan on the Florida "rational nexus"
standard for exactions, and on the case law that created and clarified
that standard. Since exactions are a means of acquiring transportation
corridors, this article is relevant to the project.
See also Paul (1994) under Corridor Maps.
CORRIDOR MAPS/PLANNING
American Planning Association. 1998. Growing Smart Legislative Guidebook:
Model Statutes for Planning and the Management of Change, Phases I and
II Interim Edition. Chicago, Ill.: American Planning Association.
This looseleaf publication of model planning and zoning enabling statutes
contains, in Chapter 7 (Local Planning), a model corridor map statute,
with commentary. The commentary reviews statutes on official maps throughout
the U.S. as well as a number of model official map laws. The model corridor
map statute, which appears at Section 7-501, reserves land only for
the construction of transportation facilities. The corridor map must
be consistent with the local comprehensive plan, especially with the
thoroughfare plan, which is part of the transportation element. No local
government can adopt a corridor map unless it has first adopted a local
comprehensive plan with a thoroughfare plan. The effect of the reservation
is to forbid the construction or expansion of permanent structures in
the intended right-of-way of planned transportation facilities as indicated
on the corridor map. The owner of land that includes reserved land may
build on the nonreserved portion of the land and may use the reserved
portion as long as no permanent structure is placed there or expanded.
The local government, or the governmental unit on whose behalf the land
is reserved (such as the state), may exercise the power of eminent domain
at any time within the reservation period, and may at its discretion
employ options to purchase. The designation of land on a corridor map
loses effect after five years unless the intended transportation facilities
have been built in that time or eminent domain proceedings have commenced
against the reserved land. There is a procedure that must be followed
whenever a landowner applies for a permit for development on reserved
land. The procedure is intended to resolve the question of whether the
reserved land will actually be acquired for the contemplated transportation
facility.
Arias, Elizabeth K. 1999. "Transportation and Motor Vehicle Law."
Campbell Law Review 21: 449-55.
The 1998 North Carolina Transportation Corridor Official Map Act changed
"road corridor" to "transportation corridor," and
provided that corridor official maps may be adopted by regional public
transportation authorities (in addition to other local governments authorized
under the existing law). The procedure for adopting or amending an official
map were also amended to (1) require notice of the public hearing by
first class mail to all property owners affected by the corridor and
(2) require the registration of the names of all affected owners with
the Register of Deeds before the adoption or amendment takes place.
The Act also amended the procedure for the granting of variances from
the map by regional public transportation authorities, and required
the state DOT to use the federal (49 C.F.R. Sec. 24.103) valuation standards
in appraising right-of-ways in designated corridors.
Brown, Ronald Benton, and Joseph M. Grohman. 1994. "Property Law:
1994 Survey of Florida Law." Nova Law Review 19: 215-96.
The article summarizes various Florida cases in the area of property
law. Two cases on corridor mapping were decided in the relevant period.
Tampa-Hillsborough County Expressway Authority v. AGWS Corp. (Fla.
Sup. Ct. 1994) involved a statute that authorized certain state agencies
to designate road corridors in which land could not receive building
permits for new construction or substantial renovation for at least
five years after designation. The court found that the statute violated
the Due Process clause. Palm Beach County v. Wright (Fla. Sup.
Ct. 1994) found that a designation on a county corridor map made pursuant
to and in furtherance of the County Comprehensive Plan, which prohibited
development on the designated corridor, was not a due process
violation since it was a reasonable means to legitimize a state purpose
nor was it a per se taking unless substantially all economically beneficial
use were precluded.
DeCorla-Suza, P., B. Gardner, M. Culp, J. Everett, Ngo C., and J. Hunt.
1997. "Estimate Costs and Benefits of Transportation Corridor Alternatives."
Transportation Research Record, no. 1606: 115-23.
A real-world application of benefit-cost analysis for multi-modal decision
making is presented. It uses detailed zone-to-trip data output from
travel-demand models for the I-15 corridor in Salt Lake City. The analysis
was conducted at two levels: corridor and regionwide. The research suggests
that, when major investments are to be evaluated and such a trip-based
approach is used, cautiousness in performing corridor analyses is needed
because of the significant effects on the evaluation caused by traffic
diverted into (or out of) the corridor.
LeJava, Jeff. 1998. "Role of County Government in the New York State
Land Use System." Pace Law Review 18: 311-75.
Several aspects of New York law on county official maps are addressed,
including: (1) what the official map must include; (2) the effect on
development of inclusion in the map; (3) the procedures for amending
the map; and (4) the procedures for obtaining a variance, building permit,
and/or subdivision plat approval for development of land excluded from
development by the map.
Maine Department of Transportation and Maine State Planning Office. 1999.
A Summary of the Findings of Studies Regarding A Main East-West Highway.
Bangor, Me.: Maine Department of Transportation.
This report evaluates the costs and economic benefits relative to the
development of an east-west highway in Maine, linking the eastern part
of the state with the Canadian Maritime Provinces and the western part
of the state with the larger markets of Quebec, Ontario, and the Midwestern
U.S. The report looks at five alternative corridors from the perspective
of traffic, an engineering and environmental assessment, financing,
and economic impacts. Three of the alternatives represent upgrades of
existing corridors, and two represent corridors on a new alignment.
Paul, Jerald S. 1994. "Recent Developments: County Thoroughfare
Map Designating Corridors For Future Roadways and Forbidding Land Use
Activity That Would Impede Future Roadway Construction is a Facially Unconstitutional
Taking." Stetson Law Review 23: 595-96.
Palm Beach County v. Wright (1993), a Florida appellate case holding
a county thoroughfare map to effect a taking without just compensation,
is summarized. A map implementing the county's land-use plan forbade activities
that "would impede future construction of a roadway" indicated
on the map. The case followed an earlier Florida Supreme Court decision,
Joint Ventures, Inc. v. Dep't of Transportation (1990), which found
that a moratorium on developing property located in a designated transportation
corridor constituted an uncompensated taking. Dissent contended that thoroughfare
map was furthering long-term planning goals represented by the land-use
plan and mandated by state statute.
Poole, Marion R. 1996. North Carolina Pilot Project for Corridor Preservation.
Raleigh, N.C.: North Carolina Department of Transportation Statewide Planning
Branch.
This report is an analysis at the systems planning level of two thoroughfare
projects in Wilkesboro-North Wilkesboro and Asheville. The objective
was to conduct sufficient environmental analyses to enable the state
to receive corridor approval for thoroughfare projects included in mutually
adopted thoroughfare plans.
Williams, Kristine M, and Margaret Marshall. 1996. Managing Corridor
Development: A Municipal Handbook. Tampa, Fla.: Center for Urban Transportation
Research, College of Engineering, University of South Florida.
This excellent manual builds on Florida's 1995 corridor management
legislation (included in an appendix). It discusses the planning process,
how to update regulations (including the adoption of a corridor management
ordinance), techniques of preserving rights-of-way, access management,
and funding in the context of Florida law. The manual includes citations
to a number of model ordinances on access control and corridor preservation
published by the Florida Department of Transportation.
See also Thomas and Payne (1998) under Easements.
REGIONAL TRANSPORTATION PLANNING
Casey, James J. 1998. "Bridging the Great Divide: SEWRPC, Politics,
and Regional Cooperation." Marquette Law Review 81: 705-60.
This article provides a general discussion of the purposes and effects
of regional planning commissions with a focus on the legal, political,
and planning history of the Southeast Wisconsin Regional Planning Commission
(SEWRPC; metro Milwaukee). An analysis of the SEWRPC's Second Transportation
Plan points to major departures in transportation policy from the First
Transportation Plan. For example, freeways planned in the First Plan
were delisted in the Second, and rights-of-way purchased for those freeways
were sold off, precluding their use for roads or transit. It concludes
with a discussion of the present and future goals, and means of implementing
regional transportation planning.
Casey, James J. 1995. "Politics of Congestion and Implementation:
Milwaukee's Freeways and the Proposed Light Rail and Transit System."
Marquette Law Review 78: 675-733.
Casey provides a detailed political history of the Milwaukee freeway
system, including the plans adopted and studies performed by the Southeast
Wisconsin Regional Planning Commission (SEWRPC). It also includes an
in-depth discussion of the designation of intended freeways on the First
Transportation Plan, the purchase of rights-of-way over the planned
freeway routes, the removal from maps of all planned freeways not already
under construction in the Second Transportation Plan, and the positive
and negative effects of the a sell-off of rights-of-way. It concludes
with a discussion of Milwaukee's political climate and the relevant
federal laws--ISTEA and the Clean Air Act.
ANNEXATION AGREEMENTS
Cope, Ronald S. 1997. "Annexation Agreements--Boundary Agreements:
Walking a Fine Line Into the Future--A Map of Dangers to the Unwary Land
Use Traveler." Northern Illinois University Law Review 17:
377-97.
Cope provides a general summary of the legal authority (particularly
in Illinois) for municipalities to enter into annexation agreements.
Case law is presented that led to an unusual provision in the Illinois
statute that allows a municipality to enter into annexation agreements
regardless of the contiguity of the land in question. Cope summarizes
the statutory methods in Illinois for annexing territory (e.g., referendum
or court petition by the territory's residents, ratification by municipal
ordinance). A distinction is made between statutes governing annexation
agreements and development agreements, with a focus on the Illinois
case law that distinguishes the two kinds of agreements. The case law
on boundary agreements (i.e., agreements between local governments binding
them not to annex particular territory) is presented. The discussion
of Illinois law on development agreements touches on the use of such
agreements to control development of a transportation corridor.
EASEMENTS
French, Susan F. 1994. "Tradition and Innovation in the New Restatement
of Servitudes: A Report From Midpoint." Connecticut Law Review
27: 119-29.
In this general analysis of the draft Third Statement on Servitudes
(which is part of a series of volumes authored by the American Law Institute
that tell what the general rule of law is in many areas), the author
discusses the functions served by easements and profits (e.g., easements
to extract resources from another's land) and the history of easements
back to Roman law, and provides an opinion that the draft Third Restatement
makes no radical changes in the basic law of easements. The draft Restatement
eliminates elements for the creation of easements that are considered
unduly formal (e.g., horizontal privity), reduces the effect of others
(Statute of Frauds, bias against benefits in gross), and generally creates
a rational sequence of inquiries for considering the validity and enforcement
of an easement. The organizational structure (chapter content) of the
new Restatement is presented. As easements, both in the form of rights
of way and of conservation easements, are a means of preserving or obtaining
transportation corridors, this article is relevant to the project.
Sterk, Stewart E. 1994. "Publicly Held Servitudes in the New Restatement."
Connecticut Law Review. 27:157-181.
Sterk provides an analysis of the status of prescriptive (not express)
easements on behalf of the public under the draft Third Restatement
of Servitudes. He finds that the new Restatement clarifies many ambiguities
in the creation of prescriptive easements to the benefit of the public
by granting control of public prescriptive easement to the state and
access to the easement to the "public at large." The state
case law that created the ambiguity is also analyzed, as is the case
law on who constitutes the public for purposes of creating a public
easement as opposed to a private one. Stark describes easements as a
flexible tool for land-use control that complements regulation and discusses
how the Restatement facilitates this by eliminating the requirement
of horizontal privity and "touch & concern," and makes
easements in gross (not benefiting a particular parcel of land) legally
binding and enforceable. A conclusion is offered that the threat of
challenges to local government easements as "contract" or
"spot" zoning is minimal. Left unaddressed in the Restatement
is whether neighboring landowners should be able to enforce public easements.
Thomas, David A., and Robert S. Payne. 1998. "Long-Range Highway
Corridor Preservation: Issues, Methods, and Model Legislation."
BYU Journal of Public Law 13 (1):1-47.
Thomas and Payne provide a detailed and comprehensive summary of the
law and issues of highway corridor preservation. A basic description
of the purposes of corridor preservation and the issues raised includes:
(1) the expense of preserving corridors for long periods; (2) what interest
or right in land can be obtained to preserve the corridor (fee simple
title or conservation easement); (3) whether EISs and similar studies
required for highway acquisition are required also for corridor preservation;
(4) the viability or reasonableness of preserving alternative corridors
when only one will be used an adequate public purpose. Analysis specific
to Utah law on the existing corridor preservation tools addresses corridor
approval, purchase of corridor land, right-of-way acquisition, and zoning.
There is no detailed discussion of condemnation of land as a takings
issue, as the authors feel this is a general question of eminent domain.
A summary of the provisions of the statutes of the 23 states that expressly
authorize corridor preservation concludes that there are a variety of
approaches and degrees of specificity in the statutes. (The article
includes a chart comparing the most important points of this comparative
analysis and a model statute enabling highway corridor preservation.
The appendix consists of the EPA regulation on exemption from the EIS
requirement of NEPA and a glossary of corridor preservation terms.)
Winokur, James L. 1994. "Ancient Strands Rewoven, or Fashioned Out
of Whole Cloth?: First Impressions of the Emerging Restatement of Servitudes."
Connecticut Law Review 27: 131-55.
Winokur provides a general analysis of the draft Third Restatement
of Servitudes in which he complements the elimination of the horizontal
privity requirement, questions whether the new Restatement has really
eliminated the "touch & concern" requirement, and examines
case law to predict how the new Restatement's language on "touch
& concern" would be judicially interpreted. The author also
urges that the new Restatement unify the law on easements by necessity,
by estoppel, and those implied from past use and discusses the importance
of addressing the standing of a property owner's associations to enforce
easements. The nature and enforceability of easements is directly relevant
to the project, as easements are used to preserve (conservation easements)
or obtain (rights of way) transportation corridors.
See also Kuzminski (1998) under Exactions/Takings
and Brown et al. (1994) under Corridor Maps.
ACQUISITION/DEDICATION/EMINENT DOMAIN
HNTB Corporation with Center for Urban Transportation Research, Siemon
Larsen and Marsh, and Birch Trauwein Mims. Develop a Right-of-Way Reservation/Acquisition
System Accommodating All Modes That Can Be Adopted by Local Governments
(Review Draft). Louisville, Ky.: Kentuckian Regional Planning and
Development Agency, 1998.
This brief monograph describes a number of acquisition/preservation
techniques that are categorized under early acquisition, regulatory
controls, voluntary agreements to keep the right-of-way open, and hybrid
techniques (e.g., official maps).
Long, L. Charles, Gina M. Burgin, and Pamela B. Beckner. 1995. "Property
Law." University of Richmond Law Review. 29:1131-1174.
Summary of Virginia case law and statutes on property law in 1994.
(Only relevant material is described herein, and all cases herein are
Virginia Supreme Court.) E.S.Chappell & Son v. Brooks involved
a dedication of land for a public road, which was not built, and whether
or not the state implicitly accepted the dedication. The court found
that a dedication is freely revocable and that implied acceptance applies
only to urban land. Lynch v. Commonwealth Transportation Commissioner
concerned whether, in an eminent domain proceeding, a landowner could
introduce evidence and expert testimony on the highest and best use
of his land for purposes of computing compensation. The trial court
had kept the evidence out as "speculative plans for the future
use of the property," but the Supreme Court reversed and ordered
the evidence and testimony be allowed in. Fairfax County Park Authority
v. Virginia Dep't of Transportation found that property is valued
for condemnation purposes at its fair market value, not the value for
the uses to which a particular owner is restricted (the park authority
could use the land only for parks).
The Virginia statute was amended in 1994 to allow transfers of water,
sewer and drainage easements to the county, municipality, or special
authority by plat recordation as well as by deed. The statutes were
also amended to expressly authorize local governments to purchase land
designated on an official map for the purpose of future construction
of public works.
TRANSFERABLE DEVELOPMENT RIGHTS/PURCHASE OF DEVELOPMENT
RIGHTS
Stevenson, Sarah J. 1998. "Banking on TDRs: The Government's Role
as Banker of Transferable Development Rights." New York University
Law Review. October. 73:1329-1376.
The article provides a summary of the purposes and uses of transferable
development rights banks, as well as a general history of TDRs, from
NYC's early ordinance and the Penn Central case. The history, structure,
and effects of four existing TDR programs, with a focus on how they
use TDR banks is provided: South Street Seaport Historic District in
NYC; New Jersey Pinelands; downtown Seattle; and the Montgomery County,
Md. farmland preservation program. A legal analysis of TDR banks addresses
downzoning of the receiving district, antitrust allegations, challenges
to the local government's authority to engage in TDR, existence of a
legitimate public purposes for the TDR program, financial issues (e.g.,
inadequate municipal revenues to fund a TDR bank, valuation of the development
rights). The author's also provides recommendations to local governments
establishing TDR banks.
TRANSPORTATION PLANNING
Hartgen, D. T., and Y. Li. 1994. "Geographic Information Systems:
Applications to Transportation Corridor Planning." Transportation
Research Record, no. 1429: 57-66.
Geographic information Systems (GIS) applications to large transportation
corridor planning are reviewed in two cases: a large multicity urban
region considering a major regional ring road, and a 120 miles, 10-county
rural corridor recently upgraded to interstate status. In both cases,
the use of a transportation-oriented GIS, TransCAD, was found to greatly
facilitate the display and understanding of information and the decision-making
process. A wide variety of GIS procedures--date and traditional modeling--was
found to be applicable. Efforts are shown of how the use of the GIS
added value to decision making, at a reasonable investment in time and
effort by agency and support staff.
Idaho Department of Transportation Division of Transportation Planning.
1998. Idaho Corridor Planning Guidebook. Boise, Id.: Idaho Department
of Tranportation.
This is a manual to guide corridor planning in Idaho. The manual is
intended to integrate transportation with land-use planning, and to
coordinate local and state transportation planning effort. The corridor
plans are intended to follow a uniform format, while the focus of each
plan is to be tailored to the specific corridor. The manual contains
an excellent list of reference materials on corridor planning.
Winstead, David L. 1998. "Smart Growth, Smart Transportation: A
New Program to Manage Growth in Maryland." Urban Lawyer. Summer.
30(3):537-545.
The author, who is the Maryland Secretary of Transportation, summarizes
the Maryland transportation situation, including the effect of transportation
capital decisions on land use in Maryland, the contents of the Maryland
Smart Growth Initiative, the challenges in implementing the Initiative.
He contends that the effect of the Initiative on sprawl will appear
gradually. From the point of view of the agency, Md-DOT will have to
make capital improvement decisions in a new and unfamiliar way and issues
previously unforeseen or disregarded consequences will have to be addressed.
Examples include the realization that capital improvements in a Smart
Growth Area can cause development in a rural area, that local governments
are still biased toward addressing local congestion with road improvements,
that transportation investments are only part of the sprawl solution,
and that rural improvements cannot be eliminated because rural roads
carry through traffic, not just traffic to and from the rural area.
A general discussion of the need for sustainable transportation is also
provided.
ENVIRONMENT
Lackey, A. E. "Reconciling Transportation Corridor Preservation
and National Environmental Policy Act Process: Evaluation of North Carolina
Phase Environmental Approach." Transportation Research Record,
no. 1601 (1997): 21-28.
This article describes an effort by the North Carolina Department of
Transportation to make the corridor preservation and National Environmental
Policy Act (NEPA) process more compatible. It identifies three options
for modifying the phased approach (an environmental review process that
allows early selection of highway location and makes the use of protection
techniques feasible and effective) to provide compliance with NEPA.
Of the options, a tiered environmental impact statement is determined
to be the best alternative to the phased environmental approach, while
remaining consistent with NEPA. Although several potential problems
have been cited regarding the practicality of using a tiered EIS in
transportation projects, these concerns may not apply in many cases.
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