Legal Problems Arising out of Highway Programs. Topic 24-04. The Legal Issues Concerning the Use of Transportation Facilities to Generate Revenue for State DOTs

This objective of this research is to produce a report that addresses the issues related to a DOT’s legal obligation to provide similar free access to state ROW for private, non-traditional utilities such as broadband telecommunications.   This study should analyze the law of all 50 states to determine each state’s statutory and regulatory authority with respect to these issues. In addition, the study should determine state and federal laws impacting both safety and compensation and how the nature of the ROW (limited access, acquired via condemnation, federally funded or supported) impacts the DOT’s ability to assess reasonable rates for such use. A survey should be conducted to determine how state DOTs are approaching such requests and specifically whether and how the states are assessing fair market value or some lesser amount based upon public interest determinations.   The study should also analyze how fair market value can include a premium for the contiguous value of the longitudinal structure of this ROW for utility occupations, including but not limited to a recommendation for capturing utility profits. The research should include the potential legal obstacles to such assessments, including but not limited to any distinctions based upon the regulatory status of the utility as a public utility with condemnation authority, as well as any potential impact of the equal access provisions of the Telecommunications Act of 1996.


  • English


  • Status: Completed
  • Funding: $60000
  • Contract Numbers:

    Project 20-06, Topic 24-04

  • Sponsor Organizations:

    National Cooperative Highway Research Program

    Transportation Research Board
    500 Fifth Street, NW
    Washington, DC  United States  20001

    American Association of State Highway and Transportation Officials (AASHTO)

    444 North Capitol Street, NW
    Washington, DC  United States  20001

    Federal Highway Administration

    1200 New Jersey Avenue, SE
    Washington, DC  United States  20590
  • Performing Organizations:

    Texas A&M Transportation Institute

  • Principal Investigators:

    Kraus, Edgar

  • Start Date: 20180919
  • Expected Completion Date: 20190614
  • Actual Completion Date: 0

Subject/Index Terms

Filing Info

  • Accession Number: 01787229
  • Record Type: Research project
  • Source Agency: Transportation Research Board
  • Contract Numbers: Project 20-06, Topic 24-04
  • Files: TRB, RIP
  • Created Date: Nov 2 2021 2:24PM