Documents in the Category: Legal Considerations

Combined AMAG & AM Manual

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 TRB's newest publications on access management draw on national and state research to respond to the need for a more coordinated approach to transportation and community design that preserves the safe and efficient movement of peoples and goods, provides supporting networks in developed areas, and reinforces desired urban form.

Model Land Development and Subdivision Regulations that Support Access Management

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 Effective local access management requires planning as well as regulatory solutions. Communities should establish a policy framework that supports access management in the local comprehensive plan, prepare corridor or access management plans for specific problem areas, and encourage good site planning techniques. Land development and subdivision regulations should be amended accordingly and communities may also consider a separate access management ordinance.

International Practice in Highway Access Management: A Primer

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TRB E-Circular 214: International Practice in Highway Access Management: A Primer explores the international status of access management through the use of a survey of transportation researchers or professionals from eight countries to document their understanding of access management practices in their country. Authors of each country report were asked to focus on critical issues of the concept and provide specific information (if existing) with regard to historical background; legal framework; roadway function; access control schemes; land use and development regulation; enforcement schem

Access Management Manual 2014 - 2nd Edition

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TRB’s Access Management Manual, second edition, provides guidance on a coordinated approach to transportation and community design that is designed to help enhance mobility, provide greater mode choice, and improve environmental quality. The content is interdisciplinary, with guidance pertinent to various levels of government as well as to pedestrians, bicyclists, and motorized vehicles, including trucks and buses. Access management is addressed comprehensively, as a critical part of network and land use planning. Key updates include

Galvis v. State, Dept. of Transp.

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Galvis v. State, Dept. of Transp., 167 P. 3d 584 - Wash: Court of Appeals, 2nd Div. 2007

      This landmark case questions the constitutionality of the Highway Access Management Act (HAMA).  The contention lies over the fact that while HAMA authorizes a taking of private property by the state, it allows an administrative hearing instead of a jury trial. 

Highway Access Laws and Control

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Thiel, J. Highway Access Laws and Control, Plat User Group Conference, Wisconsin Department of Transportation (2006)

            This paper outlines key legal considerations in access control authority of Wisconsin Department of Transportation and local government and details these considerations through an analysis of Wisconsin case law.

National Cooperative Highway Research Program, Selected Studies in Transportation Law, Volume 2, Eminent Domain

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National Cooperative Highway Research Program, Selected Studies in Transportation Law, Volume 2, Eminent Domain (2008).

These studies are written for public transportation agencies. Volume 2 is organized into seven sections:

Indiana Statewide Access Management Study: Access Management Authority in Indiana

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Indiana Statewide Access Management Study: Access Management Authority in Indiana (DRAFT Technical Report #1), prepared by Urbitrans, Inc. for the Indiana Department of Transportation (2006) [Online]. Available: http://www.in.gov/indot/files/legal.pdf

This report addressed the legal authority of the state of Indiana to engage in access management. 

Traffic Engineering Handbook

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Institute of Transportation Engineers, Traffic Engineering Handbook, 6th Edition, (2008)

Chapter 13 of this Handbook, Access Management, was authored by Philip Demosthenes and Vergil G. Stover. Chapter 13 includes an introduction to access management providing an historical perspective, a review of legal issues of interest to traffic engineers, and proceeds to present current practice in policies, programs and access related design elements.