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OCR for page 30
30 APPENDIX A: SURVEY QUESTIONS NCHRP 20-06, STUDY TOPIC 17-05: THE RAMIFICATIONS OF POST-KELO LEGISLATION ON STATE TRANSPORTATION PROJECTS 1. Since the United States Supreme Court's decision in 2005 in Kelo v. City of New London has your state amended its constitution or state code, hereinafter referred to as the "post-Kelo laws," to restrict the use of eminent domain? If your answer is yes, please answer questions 2 through 9. (Please circle) YES NO 2. Have the post-Kelo laws had any effect on the taking of private property by eminent domain for high- way projects? (Please circle) YES NO If your answer is yes, please explain. 3. Have the post-Kelo laws affected your agency's use of eminent domain? (Please circle) YES NO If your answer is yes, please explain. 4. Have the post-Kelo laws affected the cost of state highway projects? (Please circle) YES NO If your answer is yes, please explain. 5. Have the post-Kelo laws affected the timely completion of state highway projects? (Please circle) YES NO If your answer is yes, please explain. 6. Has your agency provided any guidance to planners, engineers, attorneys or others regarding takings for highway projects because of the Kelo case and/or the post-Kelo laws? (Please circle) YES NO If your answer is yes, please explain. 7. Have the post-Kelo laws had any effect on your agency's use of eminent domain with respect to any one or more of the following: (a) project-planning? (Please circle) YES NO (b) appraisals? (Please circle) YES NO (c) land acquisition?

OCR for page 30
31 (Please circle) YES NO (d) utility relocation? (Please circle) YES NO (e) relocation assistance? (Please circle) YES NO (f) construction? (Please circle) YES NO (g) property management? (Please circle) YES NO If your answer is yes to any of the questions in 7(a) through 7(g), please explain. 8. Have the post-Kelo laws had any effect on public-private partnerships involving highway projects in your state? (Please circle) YES NO If your answer is yes, please explain. 9. Has your department either alone or in cooperation with another agency had a project in a designated blighted area that has been affected by the post-Kelo legislation? (Please circle) YES NO If your answer is yes, please explain. ****************************************************************************** Please return your completed survey, preferably by e-mail, to: The Thomas Law Firm ATTN: Larry W. Thomas 1701 Pennsylvania Avenue, NW Suite 300 Washington, D.C. 20006 Tel. (202) 280-7769 lwthomas@cox.net