Transit-Oriented and Joint Development: Case studies and legal issues

Document Type

Journal Article

Publication Date

2011

Subject Area

place - north america, organisation - regulation, land use - transit oriented development, land use - impacts

Keywords

Case studies; Chicago (Illinois); Joint development; Laws; Legal factors; Morristown (New Jersey); Oakland (California); Plano (Texas); Portland (Oregon); Transit oriented development

Abstract

In 1999, TCRP Legal Research Digest 12, "The Zoning and Real Property Implications of Transit-Oriented Development" (TOD) addressed the legal implications of this subject, but it did so with a narrow focus and at a time when fewer completed TOD projects were available for study. Since 1999, much has changed in law and practice with regard to TOD. Many new TOD and joint development programs and projects have come "on line." In addition, federal law and new guidelines have changed, making these developments easier to finance and build. Much of the material in the 1999 study is still relevant; however, this digest is intended to help transit and legal professionals benefit even more from an up-to-date treatment of TOD legal issues. The digest examines a combination of large, medium, and small TOD and joint development projects since 1999 and provides comprehensive case studies, with an emphasis on what made the project succeed and how legal issues relate to TODs in general. Case studies from Portland, Oregon; Oakland, California; Chicago, Illinois; Plano, Texas; and Morristown, New Jersey, while illustrating important legal issues, demonstrate that what is needed for TOD success extends beyond laws, financial mechanisms, and public-private contracts. Sample documents have been included, as a supplement to the case studies; these are published on the enclosed CD-ROM, CRP-CD-96.

Rights

Permission to publish the abstract has been given by Transportation Research Board, Washington, copyright remains with them.

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