Skip to main content
Menu

Takings and Mitigation

Read Online

View Cover

Purchase Options
Purchase Options
Buy from TRB.org
Overview

Contributors

Description

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 70: Takings and Mitigation explores the extent to which permitting agencies are able to advance public policy goals in the land-use permitting and project development processes, or at what point they are considered unconstitutional exactions. This digest provides updated legal research regarding the legal standard for exactions, including the impact of the 2013 Koontz v. St. John’s River Water Management District decision on the ability of state transportation agencies and other permitting agencies to advance public policy goals in the land-use permitting and project development processes. The digest also clarifies, to the extent possible, the point at which such exactions become unconstitutional takings and the application of the essential nexus test to both on-site and off-site exactions, to address impacts to the highway system and environmental system impacts.

Topics

Suggested Citation

National Academies of Sciences, Engineering, and Medicine. 2016. Takings and Mitigation. Washington, DC: The National Academies Press. https://doi.org/10.17226/23619.

Import this citation to:

Publication Info

37 pages | 8.5 x 11
DOI: https://doi.org/10.17226/23619
Contents

Table of Contents

 skim chapter
============== 1-1
CONTENTS 2-2
I. INTRODUCTION 3-11
II. On-Site Exactions 12-20
III. Off-Site Exactions 21-28
IV. Conclusions 29-30
APPENDIX A 31-33
ACKNOWLEDGMENTS 34-36
Rights

Copyright Information

The National Academies Press and the Transportation Research Board have partnered with Copyright Clearance Center to offer a variety of options for reusing our content. You may request permission to:

  • Republish or display in another publication, presentation, or other media
  • Use in print or electronic course materials and dissertations
  • Share electronically via secure intranet or extranet
  • And more

For most Academic and Educational uses no royalties will be charged although you are required to obtain a license and comply with the license terms and conditions.

Click here to obtain permission for Takings and Mitigation.

Translation and Other Rights

For information on how to request permission to translate our work and for any other rights related query please click here.

Copyright.com Customer Service

For questions about using the Copyright.com service, please contact:

Copyright Clearance Center
22 Rosewood Drive
Danvers, MA 01923
Tel (toll free): 855/239-3415 (select option 1)
E-mail: info@copyright.com
Web: https://www.copyright.com
Stats

Loading stats for Takings and Mitigation...