Legal Problems Arising out of Highway Programs. Topic 25-01. Public Liabilities Relating to Driveway Permits

The objective of this research is to compile, review, and summarize in digest form each state’s “state of law” as it relates to state liability and access management (specifically for permitting driveways) and inverse condemnation claims. This compilation should include precise analysis on agency responsibilities, public tort risks, and the balancing of public and private interests. The research should include a nationwide survey of state law with legal analysis on the interplay of eminent domain, property rights, developer agreements and tort liabilities as they relate to the licensing (access permitting) of private driveways in the public right-of-way.  Specific questions that should be answered by this research are as follows: (1) Under what circumstances and to what extent can permitting transportation agencies have tort liability for the regulatory function of permitted or unpermitted driveways? (2) If there can be liability for permitting driveways, what sorts of circumstances have generated that tort liability? (3) What steps can be taken by public agencies to reduce tort liability? (4) When are transportation agencies subject to inverse condemnation claims for denial or revocation of driveway permits? (5) What steps can be taken to avoid inverse condemnation claims?


  • English


  • Status: Active
  • Funding: $50000
  • Contract Numbers:

    Project 20-06, Topic 25-01

  • 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
  • Project Managers:

    Chisholm-Smith, Gwen

  • Performing Organizations:

    University of Kentucky Research Foundation

    Lexington, Kentucky  United States 
  • Principal Investigators:

    Kreis, Doug

  • Start Date: 20200225
  • Expected Completion Date: 0
  • Actual Completion Date: 0

Subject/Index Terms

Filing Info

  • Accession Number: 01712248
  • Record Type: Research project
  • Source Agency: Transportation Research Board
  • Contract Numbers: Project 20-06, Topic 25-01
  • Files: TRB, RIP
  • Created Date: Jul 22 2019 3:30PM