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Transportation agencies across the country may face legal challenges from property owners when design or permit changes cause safety concerns or obstruct access to private driveways in the public right-of-way.

The TRB National Cooperative Highway Research Program's NCHRP Legal Research Digest 85: Public Liabilities Relating to Driveway Permits evaluates the circumstances under which transportation agencies are held liable by property owners for the regulatory function of permitted and unpermitted driveways.

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Suggested Citation

National Academies of Sciences, Engineering, and Medicine. 2022. Public Liabilities Relating to Driveway Permits. Washington, DC: The National Academies Press. https://doi.org/10.17226/26533.

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Publication Info

128 pages |  8.5 x 11 |  DOI: https://doi.org/10.17226/26533
Chapters skim
NCHRP LRD 85: Public Liabilities Relating to Driveway Permits 1-1
CONTENTS 2-2
I. INTRODUCTION 3-14
II. RESEARCH APPROACH 15-15
III. THE EVOLUTION OF ACCESS RIGHTS 16-38
IV. CONCLUSIONS AND SUGGESTED RESEARCH 39-41
APPENDIX A: SURVEY FOR TRANSPORTATION AGENCY ATTORNEYS 42-69
APPENDIX B: SURVEY RESULTS DOT PERMIT STAFF 70-104
APPENDIX C: CHART SUMMARIZING STATE ACCESS LAWS 105-126
ACKNOWLEDGMENTS 127-128

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