arbitrary and unreasonable taking of excess private property for the contemplated use, under the guise that it is necessary for the improvement, where the weight of the evidence shows it to be otherwise.
The right-of-way problem could be greatly simplified and in a large measure eliminated with respect to major highways and streets ifthere were some central agency with sufficient funds and authority of law to acquire the lands necessary for the improvement of such highways and streets at a period substantially in advance of the time when the improvements actually would be made. If this were done, then the right-of-way previously acquired could be made available to the highway authorities charged with the duty of making the improvements, either on a rental basis or at the price paid by the acquiring agency, plus the costs of such acquisition and any interest charges paid thereon to the date of the use of the lands. Acquisitions by such agency should include all areas, the need for which reasonably might be anticipated for the physical construction of the improvement and for necessary roadside development, including probable future expansions of the transportation facility itself. Such an agency would have to be created by the Congress in order that its jurisdiction and authority might be general throughout all of the States, and that its operations could be on such a basis that it would be in whole or in substantial part self-liquidating. This suggestion is discussed more in detail in another part of this report.
Obviously, the right-of-way problem is rendered much more complex and difficult because of the various reasons mentioned herein and will continue to be so until such time as the changes necessary to meet these difficulties shall have been made in the statutes relating to the subject. To meet the problem fully will require legislative changes in all of the States, together with some legislation on the part of Congress, and it is believed that such legislation should be designed along the following lines:
1. The statutes of each State should be carefully examined and revised by its legislative assembly so that they will serve present needs. Such revision should eliminate maximum widths which may be acquired, and, if any specific limit is prescribed it should be the minimum and not the maximum. The authorities charged with the duty of providing for highway and street improvements should be definitely authorized and directed to acquire all necessary land in advance of the time for the physical construction of the improvements, and should be provided sufficient funds for that purpose, or, if necessary, should be authorized to meet the cost by some form of deferred payment plan, or by long-term leasing arrangement with right of purchase. Such authorities should be given the right to enter upon the lands to be taken and to begin construction, and to leave the compensation or damages to be paid for later determination by the courts, similar to provision now in the statutes of North Carolina and a few other States.
2. The powers conferred upon the authorities in each State charged with the duty and responsibility of highway and street construction, improvement, and maintenance should include discretionary power on the part of such officials to determine the width of right-of-way to be acquired for any improvement to be undertaken, with specific authority for such right-of-way to include such lands in excess of those which may be actually needed for the physical location of the
