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Suggested Citation:"CONTENTS." National Academies of Sciences, Engineering, and Medicine. 2020. Potential Liability Associated with Unstable Slope Management Programs. Washington, DC: The National Academies Press. doi: 10.17226/25836.
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2 NCHRP LRD 82 CONTENTS I. Introduction, 3 II. Unstable Slope Management Programs, 4 A. History, 4 B. Data, 8 C. Hazard Rating, 9 D. Mitigation, 10 III. Liability and Immunity Analysis for State DOTs, 13 A. Governmental Immunity, 14 B. Statutory Waivers of Immunity, 14 C. Application of Discretionary Immunity to State DOT Activities, 18 D. Conclusion, 24 IV. State DOT Liability for Slope Failures, 24 A. Highway Planning, 25 B. Highway Design, 26 C. Highway Construction, 27 D. Highway Maintenance, 31 V. Unstable Slope Management Programs and Liability, 34 A. Intent of Programs to Reduce Liability, 34 B. Use of Unstable Slope Management Programs to Avoid Liability, 35 C. Defending Limitations of Unstable Slope Management Programs, 44 VI. Conclusion, 47 Appendix A. State Unstable Slope Management Resources, 49 Appendix B. Survey Questionnaire, 51

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Slope failures pose serious risks for state transportation agencies and federal agencies that own or maintain roads, highways, and/or adjacent property. Many transportation agencies have adopted unstable slope management programs and standards as part of a larger effort to provide an efficient and effective methodology to prevent or control landslides or rockfalls.

The TRB National Cooperative Highway Research Program's NCHRP LRD 82: Potential Liability Associated with Unstable Slope Management Programs provides a detailed description of several specific unstable slope management programs, including the type of data collected and rating systems that are utilized.

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