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2 NCHRP LRD 82 CONTENTS I. Introduction, 3 II. Unstable Slope Management Programs, 4 A. History, 4 B. Data, 8 C. Hazard Rating, 9 D. Mitigation, 10 III. Liability and Immunity Analysis for State DOTs, 13 A. Governmental Immunity, 14 B. Statutory Waivers of Immunity, 14 C. Application of Discretionary Immunity to State DOT Activities, 18 D. Conclusion, 24 IV. State DOT Liability for Slope Failures, 24 A. Highway Planning, 25 B. Highway Design, 26 C. Highway Construction, 27 D. Highway Maintenance, 31 V. Unstable Slope Management Programs and Liability, 34 A. Intent of Programs to Reduce Liability, 34 B. Use of Unstable Slope Management Programs to Avoid Liability, 35 C. Defending Limitations of Unstable Slope Management Programs, 44 VI. Conclusion, 47 Appendix A. State Unstable Slope Management Resources, 49 Appendix B. Survey Questionnaire, 51