Right-of-Way
and
Environment
Historically, right-of-way acquisition for a new highway or improving an existing highway meant selecting the location or alinement based upon cost-benefit factors of the highway and then acquiring the most economical and effective alternative without much consideration given to the socio-economic impact on those along the proposed route or the community as a whole. Occasionally land was reserved for public thoroughfares, but usually the landowner discovered that if the State or county wished to take his land for a highway, he had little recourse but to give in, sometimes receiving fair market value for the property. Since route selection and land acquisition for the highway was entirely the responsibility of the State and local authorities, the Federal Government took no part, in this phase of the Federal-aid highway program.
It was not until World War II that it became expedient for the Federal Government to become involved in the acquisition of rights-of-way to provide highways for the national defense. But the anguish and hardships to the landowners in the path of the highway continued unabated.
About 1950 when more highways were being built on entirely new locations, it became apparent that sociological and economic impacts on communities must become a principal factor in the location selection process.
When the 1956 Federal-Aid Highway Act was signed into law, the push for completion of the Interstate System, mostly on new locations, brought the entire country’s attention to social, economic and environmental factors related to highways. In the 1960’s the public became quite vocal about its concerns, and Congress, too, became aware that highway construction could have adverse as well as advantageous impact upon all individuals. Congress acted with legislation to alleviate personal hardships and environmental detriment caused by highway and other Federal-aid programs.
Right-of-Way
As with other aspects of the highway program, the authority for right-of-way acquisition is assigned with due regard for the distribution of powers between the Federal and State governments. Thus, the major responsibilities for initiation and execution have been left to the States and their political subdivisions.
Although organized quite similarly in many respects, systems of highway administration in the various States vary considerably. The resultant diversity of systems renders difficult any attempt to outline their individual characteristics as applied to right-of-way acquisition. Therefore, only the aspects of right-of-way administration common to most jurisdictions will be considered in this chapter. Special emphasis is given to the evolution and dissemination of right-of-way policies and procedures which are developed and administered by the Federal Government, especially in the area of Federal-aid highways.
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