The National Academies

NCHRP 20-06/Topic 17-05 [Final]

The Ramifications of Post-Kelo Legislation on State Transportation
[ NCHRP 20-06 (Legal Problems Arising out of Highway Programs) ]

  Project Data
Funds: $33,500
Research Agency: Larry W. Thomas, Esq.
Principal Investigator: James B. McDaniel
Effective Date: 8/1/2010
Completion Date: 8/31/2010

Following the United States Supreme Court’s decision in Kelo v. City of New London, many states proposed or enacted legislation that restricted the eminent domain process. This new legislation significantly impacts the acquisition of private property for transportation projects. Specifically, the desire to constrain condemnation for redevelopment purposes has influenced the cost and timely delivery of state transportation projects.

Research on the consequences of new and proposed legislation is expected to reveal problems regarding project planning, appraisals, land acquisition, utility relocation, relocation assistance, construction, and property management. Those states considering more confining legislation would benefit from the identification of  restrictions that could most significantly or adversely affect the cost and timely delivery of state transportation projects. Transportation agents and attorneys will also gain helpful insight in dealing with the overall impacts of such legislation.

STATUS: Research has been completed and published as NCHRP Legal Research Digest No. 56 which is available for download on the TRB website.

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