Sunday, May 15, 2016
TRB Legal Research: Takings and Mitigation
TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 70: Takings and Mitigation explores the extent to which permitting agencies are able to advance public policy goals in the land-use permitting and project development processes, or at what point they are considered unconstitutional exactions. This digest provides updated legal research regarding the legal standard for exactions, including the impact of the 2013 Koontz v. St. John’s River Water Management District decision on the ability of state transportation agencies and other permitting agencies to advance public policy goals in the land-use permitting and project development processes. The digest also clarifies, to the extent possible, the point at which such exactions become unconstitutional takings and the application of the essential nexus test to both on-site and off-site exactions, to address impacts to the highway system and environmental system impacts.