National Academies Press: OpenBook

Takings and Mitigation (2016)

Chapter: APPENDIX A

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Page 31
Suggested Citation:"APPENDIX A." National Academies of Sciences, Engineering, and Medicine. 2016. Takings and Mitigation. Washington, DC: The National Academies Press. doi: 10.17226/23619.
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Page 31
Page 32
Suggested Citation:"APPENDIX A." National Academies of Sciences, Engineering, and Medicine. 2016. Takings and Mitigation. Washington, DC: The National Academies Press. doi: 10.17226/23619.
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Page 32
Page 33
Suggested Citation:"APPENDIX A." National Academies of Sciences, Engineering, and Medicine. 2016. Takings and Mitigation. Washington, DC: The National Academies Press. doi: 10.17226/23619.
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Page 33

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A-1 APPENDIX A NATIONAL ACADEMY OF SCIENCES TRANSPORTATION RESEARCH BOARD NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM (NCHRP) PROJECT 20-6, STUDY TOPIC 21-03: Takings and Mitigation The Transportation Research Board has retained a consultant to explore the impact of a recent Supreme Court decision on the ability of State DOTs to advance public policy goals in the highway access permitting process (e.g., driveway permits, highway occupancy permits). The purpose of this survey is to elicit information from State DOTs, to develop a nationwide perspective on the current state of highway access permitting. Individual survey responses will be kept confidential. Your participation will help us to prepare guidance to ensure that State DOT access permitting programs will satisfy judicial scrutiny. Please have this survey completed by the individual in your State DOT who is primarily responsible for highway access permitting. Contact information to return completed surveys is at the end of the document. Thank you in advance for your cooperation with this survey. Please mail, email, or fax completed surveys no later than June 30, 2015 to the attention of: Timothy R. Wyatt Conner Gwyn Schenck PLLC P.O. Box 20744 Greensboro, NC 27420 Fax: (336) 691-9259 Email: twyatt@cgspllc.com

A-2 I. BACKGROUND A. Please provide the name and address of your organization. ________________________________________________________________________ ________________________________________________________________________ __________________________________________________________________ B. Please provide the name, telephone number, and email address of an appropriate contact person who is primarily responsible for highway access permits at your organization. ________________________________________________________________________ ________________________________________________________________________ __________________________________________________________________ II. DEDICATIONS TO THE STATE HIGHWAY SYSTEM A. Does your organization regularly require developers to dedicate a portion of their real property (including easements) to the State DOT as a condition for granting a highway access permit? ○ Yes ○ No B. If so, is the real property typically dedicated only to mitigate anticipated traffic impacts of the proposed development, for future improvements to the highway system, or both? ○ Proposed Development ○ Future Improvements ○ Both C. Please describe the State DOT’s typical purposes for real property dedicated by developers: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ D. Does your organization regularly require developers to construct or fund improvements to the State highway system as a condition for a highway access permit? ○ Yes ○ No E. If so, please describe typical improvements to the highway system that the State DOT will require the developer to make. (If the developer is required to contribute fees to a general highway fund rather than to fund specific improvements, please say so.) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________

A-3 III. DEDICATIONS FOR ENVIRONMENTAL PURPOSES A. Does your organization regularly require developers to dedicate a portion of their real property to other environmental mitigation purposes? ○ Yes ○ No B. If so, please describe the typical environmental mitigation measures required by the State DOT on the developer’s land: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ C. Does your organization regularly require developers to construct or fund offsite environmental mitigation in exchange for a highway access permit? ○ Yes ○ No D. If so, please describe typical offsite environmental mitigation measures that the State DOT will require the developer to make. (If the developer is required to contribute fees to a general environmental mitigation fund rather than to fund specific improvements, please say so.) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ IV. GUIDELINES A. Does your organization have a standard process or method for determining (please check all that apply): ƒ When to exact real property from the developer for the State highway system, and the extent of real property required for the State highway system? ○ Yes ○ No ƒ When to require the developer to fund improvements to the State highway system, and the extent of the improvement required based on traffic impacts of the development? ○Yes ○No ƒ When to require the developer to dedicate real property to environmental mitigation, and the extent of mitigation measures required for the development? ○ Yes ○ No ƒ When to require the developer to fund offsite environmental mitigation, and the extent of mitigation required based on the environmental impact of the development? ○ Yes ○ No ƒ When to require the developer to pay impact fees in lieu of providing real property or improvements, and how to calculate the fee based on impact of the development? ○Yes ○No B. If any of the above apply, please describe the standard process or method used by your organization, or provide a reference to published guidelines used by your organization: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________

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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.

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