Right-of-Way Use Agreement Resources

FHWA Frequently Asked Questions FAST Act Section 1413 - Alternative Fuel Corridor Designations Updated December 2020 to Support Round 5.

The FHWA is issuing this memorandum to provide FHWA Division Offices and State Departments of Transportation (State DOTs) guidance for addressing emerging types of alternative uses of the highway right-of-way (ROW).

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

Accommodating public utilities on highway right-of-way has traditionally been at no cost to the utility, or only involves direct cost reimbursement for replacement ROW.

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.

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.

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

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.

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.

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

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.

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.

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

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.

It has been recognized that it is in the public interest for utility facilities to jointly use the right-of-way of public roads and streets when such use and occupancy does not adversely affect highway or traffic safety, or otherwise impair the highway or its aesthetic quality, and does not conflict with the provisions of Federal, State, or local laws and regulations.