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74-003
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Last modified
1/3/2012 12:34:52 PM
Creation date
6/26/2003 10:46:47 AM
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City Clerk
Doc Type
Resolution
Doc #
74-3
Date
1/7/1974
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With the request for federal approval of highway location, the state is <br />required to submit "conceptual" relocation assurances. These include a general <br />description of the relocation problems to be expected. More detailed "right- <br />of-way" assurances are mandatory at the time of federal approval of the proposed <br />highway design. Normal property acquisition and relocation occurs after design <br />approval, during the right-of-way stage. After all relocations have occurred, <br />the highway department must affirm that displacement has conformed to federal <br />regulations. The FHWA will not approve reimbursement for construction costs <br />unless it determines that adequate relocation housing has been made available. <br /> In recent years, the time interval between federal approval of a highways' <br />location_and demolition of the housing in the highway corridor has increased to <br />eight or more years. The length of this planning process is to some degree the <br />result of the "due process" involved in planning a highway so that it is <br />responsive to public concerns. Any highway location decision is partially a <br />product of a political process. It constitutes a decision that certain members <br />of the cor~aunity must bear sacrifices for the benefit of all. Thus a series of <br />hearing and review procedures have been established to ensure that all relevant <br />views have been considered in planning the highway. Any ~runcation of this <br />planning process will make the ultimate highway design less responsive to the <br />public. <br /> However, a lengthy planning process has serious consequences for those <br />living in the highway corridor. The corridor approved for an urban expressway <br />is usually about 300 feet wide. Those living within this corridor know that <br />they will probably be evicted by the highway. But they are never quite sure. <br />Even if they are not eventually displaced, the highway location decision can <br />have irmnediate and serious effects on residents in the corridor area. Such <br />effects were succinctly described by one court: <br /> <br />As a practical matter, there is no longer an open market for the <br />property in the corridor; there is only one potential buyer, the <br />state. The inevitable effect is a lessening of the property owner's <br />motivation to maintain his property and a depressing effect upon <br />property values and the general physical, economic, and social tone <br />of the area . . <br /> <br /> In response to such problems caused by the lengthy highway planning process <br />the FHWA has allowed state highway departments to undertake "hardship acquisi- <br />tions.'' This device ip designed to aid property owners in the designated high- <br />way corridor pz~o~ to no~l acquisition. After obtaining the approval of the <br />FHWA, the state highway department may buy the property at the request of the <br />owner and then demolish it. <br /> Although the owner's sale is voluntary in theory it may be near-compulsory <br />fn practice. He knows that the state will ultimately resort to its power of <br />eminent domain if a sale is not negotiated. He knows that some owners will <br />seek to escape with as much as they can rather than hang on in a neighborhood <br />disintegrating as a result of a proposed highway corridor. Once this process <br />begins on a significant scale, it acquires its own momentum, and may foster a <br />sophisticated form of blockbusting. <br /> There will be some instances where genuine hardships justify advance <br />acquisition by the state. However, under present practices, hardship acquisi- <br />tions may occur without benefit of full relocation assurances. The "conceptual" <br /> <br />III-8 <br /> <br /> <br />
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