Corridor Preservation: A Review of Strategies for Texas

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Author(s):

P.L. Ellis, J.A. Crawford, K.M. Hall, S.P. Farnsworth, D.L. Pugh

Publication Date:

November 1996

Abstract:

Preserving new and existing corridors for future transportation improvements has long been a concern for state transportation agencies. States must compete with developers, other government agencies, and private owners to acquire property necessary to improve existing transportation facilities or to reserve property for future transportation facilities. Under the Intermodal Surface Transportation Efficiency Act, states are now required to consider corridors for preservation in transportation plans and to outline strategies for corridor preservation. There remain, however, several issues that hinder these efforts.∑ The existing environmental and project development regulatory framework delays the advance acquisition of right-of-way.∑ Recent court rulings have found several state programs to be unconstitutional on the basis of taking without compensation.∑ Inadequate funding for the advance acquisition of right-of-way when land use control and negotiation techniques fail results in the continued loss of key parcels of property.In order to address corridor preservation, many states have implemented policies and adopted supporting legislation that provide the state transportation agency with tools necessary to assist in the long-term preservation of corridors. Procedures and legislation that provide for informal or formal agreements between states and local governments for the use of local police powers in regulating land use in specific corridors, maps of reservation delineating the future right-of-way, and dedicated funding have been used successfully by states to preserve future right-of-way.

Report Number:

1495-1F

Keywords:

Corridor Preservation, Reservation, Right-of-Way Preservation, Condemnation, Regulatory Taking, Access Management, Capacity Protection

Electronic Link(s):

Document/Product: http://tti.tamu.edu/documents/1495-1F.pdf

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