Encampments of Unhoused Individuals in Transportation Rights-of-Way: Laws and State DOT Practices (2022) / Chapter Skim
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Pages 6-18
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6 NCHRP LRD 87 4. Analysis of the local ordinances of 11 metropolitan areas with respect to prevention and removal of unauthorized access to the right-of-way and authorized use of the right-ofway for shelters.
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NCHRP LRD 87 7 Policies and ordinances that attempt to limit begging and panhandling have been challenged under the First Amendment of the U.S. Constitution.
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8 NCHRP LRD 87 e Western District of Washington opines that the Eighth Amendment does not apply unless the ordinance or statute is of a criminal nature. e district states that there can be no punishment without criminal sanctions.20 4.
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NCHRP LRD 87 9 a. Executive Order 12898 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority and Low-Income Populations, directs federal agencies to "avoid, minimize or mitigate disproportionately high and adverse human health and environmental e ects, including social and economic e ects, on…low income populations."26 Executive Order 12898 provides guidance to federal agencies for considerations to mitigate adverse impacts of agency activities, including maintenance, on low-income and minority populations.
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10 NCHRP LRD 87 presence of transient encampments on right-of-way and other public lands owned by transportation agencies."42 Advisory services typically include providing information as well as arranging for social services and other advocacy groups.
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NCHRP LRD 87 11 speci cally reference unsheltered populations but does consider displacement under its sociocultural e ects (SCE) evaluation.46 e Washington State Department of Transportation (WSDOT)
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12 NCHRP LRD 87 not present a danger, the DOT gives the owner 10 calendar days to remove the property.66 e research team found statutes for several states that speci cally allow for the removal of obstructions. In some cases (e.g., Michigan or Virginia)
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NCHRP LRD 87 13 c. Statutes Relating to Control over the Right-of-Way Control over the right-of-way regarding access rules and regulations resides with state and local jurisdictions.
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14 NCHRP LRD 87 such as comfort and the desire to keep their possessions, against the factors opposing the defense, including re hazards and the threat to rst responders, and found the defense of necessity not applicable to their speci c circumstances.
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NCHRP LRD 87 15 erty.102 Boston began draing a procedure for encampments in October of 2019, but the resources of the O ce of Health and Human Services were redirected due to COVID-19, so nalizing the protocol has been postponed.103 b. City of Manchester, New Hampshire Ordinances in Manchester, New Hampshire, de ne rules related to public sleeping and camping in public spaces.
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16 NCHRP LRD 87 b. Marion County (Indianapolis)
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NCHRP LRD 87 17 individuals to move from the public right-of-way because they are creating an obstruction. Section 38-86.1 prohibits sitting or lying down between the hours of 7:00 a.m.
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18 NCHRP LRD 87 and needle dispensaries, as well as expansion of current work programs that support unsheltered individuals. In an e ort to address the issue, Denver launched the Supportive Housing Social Impact Bond (Denver SIB)
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