Right-of-Way Use Agreement Resources

The following resources provide policy and technical information on Right-of-Way Use Agreements.

Virginia Department of Transportation, 2017

Air Rights development information in Virginia is provided, including a fact sheet, presentation from a public meeting, Q&A, and information from a Request for Information submittal.


CBRE, 2017

In crowded cities like New York, developers are purchasing the usable air space above buildings. The purchase and sale of air rights is becoming popular in other cities around the world. This article outlines how these air rights are being managed in London, Seattle and Boston.


Colorado Department of Transportation, 2016

Chapter 7 of the Colorado Right of Way manual deals with general Right of Way information, and real estate information including air space rental and leases.


County of Fairfax, 2016

This paper provides some background on Air Rights Development, Federal regulations, and Virginia Code. Various successes and challenges are also discussed.


Ryerson University, 2015

Air rights development (ARD) above/below public assets can achieve a number of smart growth principles while also being a land value capture tool. However, there are several complexities associated with ARD, along with bureaucratic resistance to an unfamiliar form of development. This Master's Thesis explores the different ways a public entity can address these challenges and build an effective implementation structure for ARD.


California Department of Transportation, 2017

This is a notice and invitation to bid for leasing of state-owned freeway lease areas in California's District 4.


FHWA, 2012

FHWA policies §710.405 outlining Right-of-Way Use Agreements.


MIT Department of Urban Studies and Planning and the Center for Real Estate, 2004

Air rights development is complex and requires special scrutiny and treatment from a planning and policy perspective, a distinct understanding of urban design and attention to neighborhood context, and specific development principles for construction and financial feasibility. This Master's Thesis describes these unique considerations both generically and through analysis of the Massachusetts Turnpike in Boston. It examines three cases: a completed air rights development, a planned development that has gone through the permitting phase, and a proposed air rights development as it seeks the path of least resistance for development.


A. Dan Tarlock, Indiana University School of Law, 1969

This report is a book review of "The Law of Airspace" by Robert R. Wright.


Darwin G. Stuart, Barton-Aschman Associates, Chicago, 1968

This historical text identifies safety rest areas, service plazas, scenic overlooks, and truck weigh stations as some examples of highway rights-of-way uses. It identifies important principles and problems in multiple-purpose freeway land development within urban areas, and specifically addresses air rights developments in this historical context.


American Planning Association, 1964

This is a reposting of a historical 1964 planning document that gives an overview of air rights issues, legislation and implementation - specifically in how it relates to urban growth.