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SC Public Policy Update - April 2016 #5

What's New - SENATE - The Senate had a very active week of floor debate as members worked through the calendar in an attempt to send bills to the House of Representatives before the May 1st crossover deadline. The...more

Go Big Red-y for Design-Build! Nebraska Enables and Funds Innovative Highway and Bridge Procurements

Governor Pete Rickets followed through on a promise to rethink infrastructure delivery in Nebraska. Signing LB 960, the “Transportation Innovation Act,” into law, Nebraska is poised to clear its backlog of highway...more

Russian Legislation Update

Currency Control - On 5 April 2016 the President signed Federal Law No. 89-FZ amending the Administrative Offences Code. The limitation period for bringing administrative action for a breach of currency legislation...more

California Gets Serious About Pilot Program to Replace State Gas Tax

For years, policymakers and economists around the country have been well aware that the federal gas tax is dying. In its report to Congress, the National Surface Transportation Infrastructure Financing Commission, on...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19480 - McCullough v. Swan Engraving, Inc. - This case determined that when a husband had already filed a claim for disability benefit in a timely fashion under the Worker’s...more

Court Rejects ESA Challenge to County’s Local Land Use Planning

On April 8, the United States District Court for the Middle District of Florida held that Collier County’s (County) land use planning regulations were complimentary, not contrary to the Endangered Species Act (ESA). The...more

Unraveling the Property Right of Access to Roadways

For owners, “access” to abutting or surrounding roadways is essential to their property. Without it a piece of property is “landlocked” and thus has little, if any, economic utility. Private property owners want good access...more

California Transportation Commission Allocates $170 Million to Projects Around the State

At its March meeting, the California Transportation Commission (CTC) approved funding to improve and maintain California’s multimodal transportation system. According to the District 2 Press Release, allocations included...more

Opening Up the Doors (Roads) for Design-Build Contracts on Highway Projects

The Department of Transportation in my home state of New Mexico is the latest to allow the design-build delivery method for highway projects. Although design-build had been approved in New Mexico on limited public projects,...more

Yucaipa Latest California City to Replace Stop Signs with Roundabouts

We have seen a trend where local agencies are choosing to replace stop-sign and signal controlled intersections with roundabouts. The concept is not new; we see them throughout Europe and on the East Coast. But until...more

SC Public Policy Update - March 2016

What's New - SENATE - Extended debate on the South Carolina Infrastructure Finance Reform and Tax Relief Act (H. 3579) ended this week in the Senate when lawmakers passed the highly contested bill by a vote of...more

New Mexico Expands Design-Build Authority to Highway and Road Projects

New Mexico will now allow certain highway and projects funded in whole or in part by federal funds to use the design-build delivery method. On the last day (March 9, 2016) to sign bills from the most recent legislative...more

A Railway Is Not a Mine: Ontario Court of Appeal Rules on Surface Rights in Unpatented Mining Claims

On February 24, 2016, the Ontario Court of Appeal released its decision in 2274659 Ontario Inc. v. Canada Chrome Corporation, confirming the interpretation of sections 50 and 51 of the Ontario Mining Act (Act) as they relate...more

SC Public Policy Update - February 2016 #3

What's New - SENATE - Extended debate on the South Carolina Infrastructure Finance Reform and Tax Relief Act (H. 3579) began this week in the Senate, but members once again found themselves in a state of gridlock on...more

Supreme Court Approves Public Entity Design Immunity Defense

Randall Keith Hampton, et al. v. County of San Diego - Supreme Court of California (December 10, 2015) - In California, a public entity can be liable for injuries caused by dangerous conditions of public property...more

South Carolina Legislative Update

Infrastructure, workforce development, Sharia Law, and automobile dealer closing fees seemed to dominate last week’s activities of the South Carolina General Assembly. Below are a few highlights...more

South Carolina Legislative Update

The South Carolina General Assembly had a very active second week of session, although much of the deliberation occurred primarily in the various subcommittees and committees. A few highlights are as follows...more

California Governor’s Office Releases Updated CEQA Guidelines Proposal on SB 743 Implementation

On January 20, 2016, the Governor’s Office of Planning and Research (OPR) released a new draft proposal for implementing Senate Bill 743 (Steinberg 2013) (SB 743), which would require traffic analysis to be based on vehicle...more

South Carolina Legislative Update

The South Carolina General Assembly reconvened for the second regular session of the 121st General Assembly last Tuesday. The Senate mourned the loss of Senator Billy O’Dell (R-Abbeville) who passed away unexpectedly the...more

School district’s condemnation of a private road passes the test

The power of eminent domain allows a government or quasi-governmental entity to condemn (take) private property for a public use upon a showing of necessity. In exchange, the property owner must receive “just compensation”...more

Rating Agency Developments

On September 24, DBRS published a report describing its approach for monitoring European CMBS ratings. On September 25, DBRS published its methodology for rating European RMBS transactions issued in Europe with residential...more

Safety contractor wins appeal of $1,000 administrative penalty under OHSA

Don’t be seen to cause a traffic jam that inconveniences a government health and safety officer. Perhaps that is the real moral of this story. A safety contractor was providing traffic control services on the...more

What Happens When the United States Condemns a Street, Road or Public Highway?

Generally when the United States takes property pursuant to its eminent domain authority, “just compensation” is based on the market value of the property on the date of the taking. However, when acquiring a street, road or...more

Judge Moon's Denial of Preliminary Injunction in Route 29 Lawsuit

Several months ago, business owners on Route 29 filed a lawsuit against federal and state transportation officials challenging the plan to build a grade separated interchange at Route 29 and Rio Road. The plaintiffs claimed...more

Why Federal and State Agencies are Considering Converting from a “Gallons Consumed” to a “Road Usage” Tax – And What are the Risks...

This Change, It’s a Coming (Maybe) - Many states and the federal government are seriously considering converting from a “gallons consumed” tax levy to a “miles driven” program for determining gasoline tax. There are...more

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