Transportation corridor study. Volume 3 Appendix: The effect of existing legislation

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  • It is the purpose of this report to examine existing legislation to determine (1) what machinery is available for the creation of a transportation corridor, (2) what problems accrue or could accrue by virtue of that legislation. Examination of this area raises several questions: (1) what is the most suitable legal structure by which to effect a transportation corridor, (2) what legislation is relevant, (3) is this legislation sufficient to ensure the proper operation of the corridor, (4) if the existing legislation is inadequate, what alterations, amendments, or new enactments are required. Since it is extremely difficult to analyze these problems in the abstract, for purposes of explanation only, we have chosen two theoretical models which shall be referred to as (1) the limited governmental role, (2) the active governmental role. It is recognized that the variety of permutations and combinations between the public and private sectors input is limitless, therefore these models are not intended to limit that choice but rather are used solely for explanatory purposes. At this juncture, it should be mentioned that the basic tools available to achieve the required objectives are (1) zoning, (2) purchase, (3) expropriation, (4) legislative enactments. Since the width, composition, and location of the corridor have not as yet been determined this report will not recommend any specific legal structure. It is intended to explain the existing law and the problems therein so that these choices can be made more intelligently.

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