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Suggested Citation:"COVER." National Academies of Sciences, Engineering, and Medicine. 2011. Transit-Oriented and Joint Development: Case Studies and Legal Issues. Washington, DC: The National Academies Press. doi: 10.17226/14588.
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Legal Research Digest 36 TRansiT CoopeRaTive ReseaRCh pRogRam sponsored by the Federal Transit administration august 2011 TRanspoRTaTion ReseaRCh BoaRD OF THE NATIONAL ACADEMIES TransiT-OrienTed and JOinT develOpmenT: Case sTudies and legal issues This report was prepared under TCRp project J-5, “Legal aspects of Transit and intermodal Transportation programs,” for which the Transportation Research Board is the agency coordinating the research. The report was prepared by John L. Renne, ph.D., aiCp; Keith Bartholomew, J.D.; and patrick Wontor. James B. mcDaniel, TRB Counsel for Legal Research projects, was the principal investigator and content editor. The problem and its solution The nation’s 6,000 plus transit agencies need to have access to a program that can provide authoritatively re- searched, specific, limited-scope studies of legal issues and problems having national significance and applica- tion to their business. Some transit programs involve le- gal problems and issues that are not shared with other modes; as, for example, compliance with transit-equip- ment and operations guidelines, FTA financing initia- tives, private-sector programs, and labor or environmen- tal standards relating to transit operations. Also, much of the information that is needed by transit attorneys to ad- dress legal concerns is scattered and fragmented. Conse- quently, it would be helpful to the transit lawyer to have well-resourced and well-documented reports on specific legal topics available to the transit legal community. The Legal Research Digests (LRDs) are developed to assist transit attorneys in dealing with the myriad of initiatives and problems associated with transit start-up and operations, as well as with day-to-day le- gal work. The LRDs address such issues as eminent domain, civil rights, constitutional rights, contract- ing, environmental concerns, labor, procurement, risk management, security, tort liability, and zoning. The transit legal research, when conducted through the TRB’s legal studies process, either collects primary data that generally are not available elsewhere or per- forms analysis of existing literature. applications 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 devel- opment 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 publication (TCRP LRD 36) is intended to help transit and legal profession- als benefit even more from an up-to-date treatment of TOD legal issues. The project examines a combination of large, me- dium, 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, dem- onstrate that what is needed for TOD success extends beyond laws, financial mechanisms, and public-pri- vate contracts. Sample documents have been included, as a sup- plement to the case studies; these are published on the enclosed CD-ROM. The CD is included as an integral part of the digest and necessary to view the sample documents. The sample documents are not intended as models, but to show the legal structure on which the project transactions were based and are to be con- sidered with the results achieved. responsible senior program Officer: gwen Chisholm smith

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TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 36: Transit-Oriented and Joint Development: Case Studies and Legal Issues examines a combination of large, medium, and small Transit-Oriented Development (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.

Sample documents are included with the print version of the publication in CD-ROM format. The CD-ROM is also available for download from TRB’s website as an ISO image. Links to the ISO image and instructions for burning a CD-ROM from an ISO image are provided below.

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