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2 NCHRP LRD 87 CONTENTS Summary, 3 I. Introduction, 5 A. Project Purpose and Objectives, 5 B. Study Approach, 5 C. Digest Organization, 6 II. Legal Issues and Guidance Related to the Use of Right- of-Way by Unsheltered Populations and for Shelters, 6 A. Introduction, 6 B. Constitutional Protections, 6 C. Federal Guidance, 8 D. Current Legal Framework at State Departments of Transportation, 10 E. City Ordinances Targeting Unsheltered Encampments, 14 III. Stakeholder Recommendations, Current Practices, and Implementation Experiences, 19 A. Online Survey, 19 B. Follow-Up Interviews, 20 C. Key Issues, 20 D. Policies, Practices, and Procedures of State DOTs, 21 E. Other Issues Noted by State DOTs, 24 IV. Conclusions, 25 Appendix A: Survey Questionnaire, 27 Appendix B: Survey Results and Discussion, 34 Appendix C: Survey Follow-Up Interviews for Case Examples, 58
