Poster 19-19

State and DOT Level Administration of Land Ownership Issues


PI: Karen Marie Johnson

Co-PI(s): John Marshall, jmarshall32@gsu.edu

Institution(s): Georgia State University


Abstract

The right-of-way acquisition process is time-consuming and complex, particularly when located over navigable waters. State constitutional provisions, state statutes, and case law establish public and private rights and ownership in waters and the submerged lands. Opportunities exist to improve the right-of-way acquisition process for highways crossing navigable waterways, reducing the possibility of oversight or confusion that could result in multiples agencies and private property owners appearing to have a legal right of ownership in potentially overlapping portions of the right-of-way area with no clear way to sort it out beyond a court proceeding. This project provides six recommendations to improve timely identification of projects crossing state navigable waters and prevent project delays.


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