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Joint Development Agreements Using FTA Funds or FTA-Funded Assets (2021)

Chapter: TCRP LRD 56: Joint Development Agreements Using FTA Funds or FTA-Funded Assets

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Suggested Citation:"TCRP LRD 56: Joint Development Agreements Using FTA Funds or FTA-Funded Assets." National Academies of Sciences, Engineering, and Medicine. 2021. Joint Development Agreements Using FTA Funds or FTA-Funded Assets. Washington, DC: The National Academies Press. doi: 10.17226/26268.
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AUGUST 2021 TRANSIT COOPERATIVE RESEARCH PROGRAM TCRP LRD56 Background The nation’s 6,800 plus public transportation agencies need to have access to a program that can provide authoritatively researched, specific studies of legal issues and problems having national significance and applica- tion to the public transportation industry. Some legal issues and problems are unique to transit agencies. For example, compliance with transit-equipment and opera- tions guidelines, FTA financing initiatives, private-sector programs, and labor or environmental standards relat- ing to transit operations. Also, much of the information that is needed by public transit attorneys to address legal concerns is not summarized in a single source. Conse- quently, it would be helpful to the transit lawyer to have well-resourced and well-documented reports on specific legal topics available to the public transportation legal community. The Legal Research Digest (LRDs) are developed to assist public transit attorneys in dealing with initiatives and problems associated with transit start-up and opera- tions, as well as with day-to-day legal works. The LRDs address such issues as eminent domain, civil rights, con- stitutional rights, contracting, environmental concerns, labor, procurement, risk management, security, tort lia- bility, and zoning. The transit legal research, when con- ducted through the TRB’s legal studies process, either collects primary data that generally are not available elsewhere or performs analysis of existing literature. Foreword This legal research digest is intended to assist transit agencies with navigating the Federal Transit Administra- tion (FTA) assisted joint development (JD) process for transit-oriented development (TOD). It addresses legal challenges or complications that may arise during that process. The digest also provides a catalog of best JD/TOD practices, and model agreements that transit agencies can tailor to their own specific needs and situations. This digest serves as an update to TCRP LRD 12: The Zoning and Real Estate Implications of Transit-Oriented Development and TCRP LRD 36: Transit-Oriented and Joint Development: Case Studies and Legal Issues. It identifies the legislative, regulatory, and legal changes that have occurred at the federal level since the publica- tion of TCRP LRD 36. The research concludes that the majority of the challenges and complications encoun- tered by transit agencies during the joint development process are largely procedural in nature, and are related to public misconception of the FTA’s requirements for FTA-assisted JD, rather than specific legal or regula- tory challenges. Thus far, there have been relatively few documented legal challenges for transit agencies engag- ing in JD projects, nor is there federal case law directly impacting public transit agencies engaging in JD part- nerships with private entities. The digest addresses the lack of clarity of the steps, rules, and requirements of the FTA-assisted JD process by regional transit agencies/ authorities; public misperception; lack of public engagement/community buy-in; and the private development sector. Joint Development Agreements Using FTA Funds or FTA-Funded Assets This digest was prepared under TCRP Project J-05, “Legal Aspects of Transit and Intermodal Transportation Programs,” for which the Transportation Research Board is the agency coordinating the research. The report was prepared under Topic 18-04 by Christopher Kane, McDuffie Nichols, Eric Peterson, and Sarah G. Richards, AECOM, Washington, DC. The opinions and conclusions expressed or implied in this digest are those of the researchers who performed the research and are not necessarily those of the Transportation Research Board; the National Academies of Sciences, Engineering, and Medicine; or the program sponsors. The responsible program officer is Gwen Chisholm Smith. LEGAL RESEARCH DIGEST

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In the United States, transit oriented development (TOD) is now recognized as a critical element in the planning, development, and execution of transit projects. Recent legislation has been designed to streamline the approval processes for new transportation projects, focus more on safety, and establish new programs to advance critical freight projects.

The TRB Transit Cooperative Research Program's TCRP Legal Research Digest 56: Joint Development Agreements Using FTA Funds or FTA-Funded Assets aims to clarify the Federal Transit Administration (FTA) assisted joint development process and attempts to separate public perceptions (and misperceptions) about TOD from reality. It is an update to TCRP Legal Research Digest 12:The Zoning and Real Estate Implications of Transit-Oriented Development.

Appendix C incudes sample model agreement forms, developed from Washington Area Transit Authority’s Office of Real Estate and Station Planning Templates.

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