Public Liabilities Relating to Driveway Permits (2022) / Chapter Skim
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Pages 42-69
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From page 42... ...
42 NCHRP LRD 85 APPENDIX A: SURVEY FOR TRANSPORTATION A EN Y ATTORNEYS on ing Organization laska epartment of aw onnecticut epartment of Transportation eorgia ttorney eneral s ffice entucky Transportation abinet ouisiana epartment of Transportation and evelopment ississippi epartment of Transportation issouri epartment of Transportation ontana epartment of Transportation klahoma epartment of Transportation ansas epartment of Transportation ffice of the ttorney eneral of irginia APPENDIX A: SURVEY FOR TRANSPORTATION AGENCY ATTORNEYS
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From page 43... ...
NCHRP LRD 85 43 Which of the following best describes the law in your state with regard to changes in access caused by a road construction or reconstruction project ield inimum a imum ean td eviation ariance ount Which of the following best describes the law in your state with regard to changes in access caused by a road construction or reconstruction project .
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44 NCHRP LRD 85 s a denial of an egress ingress permit compensable in your state ield inimum a imum ean td eviation ariance ount s a denial of an egress ingress permit compensable in your state .
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NCHRP LRD 85 45 . f only in limited circumstances, please briefly describe those f only in limited circumstances, please briefly describe those damage to business operations bought under inverse condemnation enial would be compensable as a taking if there was no other reasonable access.
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46 NCHRP LRD 85 f your T has been sued for denying an access permit, what was the legal theory for the suit lease select all that apply. nswer ount enial of an access permit is a taking.
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NCHRP LRD 85 47 a ow fre uently do these cases occur ield inimum a imum ean td eviation ariance ount ow fre uently do these cases occur .
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48 NCHRP LRD 85 b s the T successful in defending these cases ield inimum a imum ean td eviation ariance ount s the T successful in defending these cases .
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NCHRP LRD 85 49 c f the results are positive, what do you attribute to your T s success in defending the suit f the results are positive, what do you attribute to your T s success in defending the suit .
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50 NCHRP LRD 85 s revocation of an egress ingress permit compensable in your state ield inimum a imum ean td eviation ariance ount s revocation of an egress ingress permit compensable in your state .
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NCHRP LRD 85 51 . f only in limited circumstances, please briefly describe those.
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52 NCHRP LRD 85 n the past years, has your T been sued for revoking an access permit ield inimum a imum ean td eviation ariance ount n the past years, has your T been sued for revoking an access permit .
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NCHRP LRD 85 53 f your T has been sued for revoking an access permit, what was the legal theory for the suit lease select all that apply. nswer ount The revocation was a taking .
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54 NCHRP LRD 85 a ow fre uently do these cases occur ield inimum a imum ean td eviation ariance ount ow fre uently do these cases occur .
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NCHRP LRD 85 55 b s the T successful in defending these cases ield inimum a imum ean td eviation ariance ount s the T successful in defending these cases .
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56 NCHRP LRD 85 c f the results are positive, what do you attribute to your T s success in defending the suit f the results are positive, what do you attribute to your T s success in defending the suit evocation of permit access is caused for safety purposes klahoma juries have been receptive to the reasons for the permit revocations. d f the results are negative, what do you attribute to your T s failure in defending the suit f the results are negative, what do you attribute to your T s failure in defending the suit
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NCHRP LRD 85 57 a as your state waived its sovereign immunity protections from suit ield inimum a imum ean td eviation ariance ount as your state waived its sovereign immunity protections from suit .
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58 NCHRP LRD 85 b f so, please briefly e plain the waiver and give a statutory reference for it. f so, please briefly e plain the waiver and give a statutory reference for it.
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NCHRP LRD 85 59 n the past years, has your T had a claim made against it for negligence in implementing its access permitting process ield inimum a imum ean td eviation ariance ount n the past years, has your T had a claim made against it for negligence in implementing its access permitting process .
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60 NCHRP LRD 85 f your T has had a claim made against it for negligence in implementing its permitting process, what was the legal theory for the suit lease select all that apply. nswer ount Negligent design .
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NCHRP LRD 85 61 . f you answered other, please briefly e plain.
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62 NCHRP LRD 85 b s the T successful in defending these cases ield inimum a imum ean td eviation ariance ount s the T successful in defending these cases .
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NCHRP LRD 85 63 c f the results are positive, what do you attribute to your T s success in defending the suit f the results are positive, what do you attribute to your T s success in defending the suit The matter has not concluded. d f the results are negative, what do you attribute to your T s failure in defending the suit f the results are negative, what do you attribute to your T s failure in defending the suit What improvements would you suggest for your driveway permitting process What improvements would you suggest for your driveway permitting process None.
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64 NCHRP LRD 85 o you consider litigation involving driveway permits a problem area for your state s T, and if so, what suggestions do you have for defending these types of claims o you consider litigation involving driveway permits a problem area for your state s T, and if so, what suggestions do you have for defending these types of claims No.
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NCHRP LRD 85 65 n the past five years, has your T had a claim been made against it involving an unpermitted access point ield inimum a imum ean td eviation ariance ount n the past five years, has your T had a claim been made against it involving an unpermitted access point .
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66 NCHRP LRD 85 f your T has had a claim made against it involving an unpermitted access point, what was the theory of the suit lease select all that apply. nswer ount ailure to inspect after receiving notice of a dangerous condition .
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NCHRP LRD 85 67 a ow fre uently do these claims occur ield inimum a imum ean td eviation ariance ount ow fre uently do these claims occur .
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68 NCHRP LRD 85 b s the T successful in defending these cases ield inimum a imum ean td eviation ariance ount s the T successful in defending these cases .
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NCHRP LRD 85 69 c f the results are positive, what do you attribute to your T s success in defending the suit f the results are positive, what do you attribute to your T s success in defending the suit d f the results are negative, what do you attribute to your T s failure in defending the suit f the results are negative, what do you attribute to your T s failure in defending the suit
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