Legal Problems Arising out of Highway Programs. Topic 17-05. The Ramifications of Post-Kelo Legislation on State Transportation

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.


  • English


  • Status: Completed
  • Funding: $33500.00
  • Contract Numbers:

    Project 20-06, Topic

  • Sponsor Organizations:

    Federal Highway Administration

    1200 New Jersey Avenue, SE
    Washington, DC  United States  20590

    American Association of State Highway & Transportation Officials (AASHTO)

    444 North Capitol Street, NW, Suite 225
    Washington, DC  United States  20001

    National Cooperative Highway Research Program

    Transportation Research Board
    500 Fifth Street, NW
    Washington, DC  United States  20001
  • Project Managers:

    McDaniel, James

  • Performing Organizations:

    Thomas, Larry, Consultant

  • Principal Investigators:

    Thomas, Larry

  • Start Date: 20100801
  • Expected Completion Date: 0
  • Actual Completion Date: 20100831
  • Source Data: RiP Project 38163

Subject/Index Terms

Filing Info

  • Accession Number: 01556456
  • Record Type: Research project
  • Source Agency: Transportation Research Board
  • Contract Numbers: Project 20-06, Topic
  • Files: TRB, RiP
  • Created Date: Mar 6 2015 1:00AM