Legal Problems Arising out of Highway Programs. Topic 25-04. Laws Governing Homeless Encampments in Transportation Rights-of-Way

Economic, social, and other factors cause a continuous increase in homeless populations throughout the United States.  It is not unusual for homeless individuals to establish refuge and shelter in encampments that encroach within, around, under or upon transportation rights-of-way, including but not limited to highway/freeway interchanges, overpasses, bridges, and tunnels. Homeless encampments encroaching upon transportation rights-of-way can create significant social, health, safety, welfare, law enforcement, and management issues for local communities and state transportation agencies. Removal of homeless encampments can result in significant legal issues, including alleged civil rights claims based upon a violation of due process under the 14th Amendment of the United States Constitution.   The objective of this research is to produce a report that documents the laws, statutes, cases, procedures, policies, and other resources governing or addressing:  (1) a transportation agency’s prevention and/or removal of homeless encampments from transportation rights-of-way; and (2) the authorized use of transportation rights-of-way for homeless shelters and social services to assist transportation agencies in addressing safety, health, and public welfare issues and the ability of transportation agencies to control their rights-of-way. The research should also include a comprehensive overview of the types of legal claims against transportation agencies that involve prevention or removal of homeless encampments from transportation rights-of-way, and the authorized use of transportation rights-of-way for homeless shelters.

• Record URL:
  http://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?ProjectID=4814

Language

• English

Project

• Status: Active
• Funding: $75000
• Contract Numbers:

  Project 20-06, Topic 25-04

• Sponsor Organizations:

  National Cooperative Highway Research Program

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

  Federal Highway Administration

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

  American Association of State Highway and Transportation Officials (AASHTO)

  444 North Capitol Street, NW
  Washington, DC  United States  20001
• Project Managers:

  Chisholm-Smith, Gwen

• Performing Organizations:

  Texas A&M Transportation Institute, College Station

  Texas A&M University System
  3135 TAMU
  College Station, TX  United States  77843-3135
• Principal Investigators:

  Kraus, Edgar

• Start Date: 20201211
• Expected Completion Date: 20221223
• Actual Completion Date: 0

Subject/Index Terms

• TRT Terms: Homeless persons; Legal factors; Right of way (Land); Social service agencies; State departments of transportation
• Subject Areas: Highways; Law; Society;

Filing Info

• Accession Number: 01713235
• Record Type: Research project
• Source Agency: Transportation Research Board
• Contract Numbers: Project 20-06, Topic 25-04
• Files: TRB, RIP
• Created Date: Aug 5 2019 3:23PM