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23 U.S.C. § 128Public hearings

submitted 68 years ago by Pub. L. 85-767 to r/title-23-HIGHWAYS · 228 words · no verdicts yet

in plain englishAI-generated · not legal advice

States must hold, or offer, a public hearing before certain highway projects. This applies to federal-aid projects that bypass or pass through a city, town, or village. For rural Interstate projects, states must also let nearby property owners raise objections at a hearing. States must then send the Secretary a certification, a report on alternatives considered, and the hearing transcript.

(a) Before submitting plans for a federal-aid highway project that bypasses, or goes through, any city, town, or village (whether incorporated or not), a state's transportation department must certify to the Secretary that it held a public hearing, or offered people the chance to have one, and that it considered the project's economic and social effects, its impact on the environment, and whether it fits the community's urban planning goals. For an Interstate System project, the state's transportation department must similarly certify that it held, or offered, a public hearing at a convenient location, so people in or near rural areas the highway would pass through could raise any objections to the proposed route. Along with that certification, the state must submit a report describing how it weighed the economic, social, environmental, and other effects of the route or design, and the alternatives that came up at the hearing or were otherwise considered. (b) If a hearing was actually held under subsection (a), the state's transportation department must send the Secretary a copy of the hearing transcript, together with the certification and report.
the actual law source: uscode.house.gov ↗public domain
(a)

Any State transportation department which submits plans for a Federal-aid highway project involving the by passing of or, going through any city, town, or village, either incorporated or unincorporated, shall certify to the Secretary that it has had public hearings, or has afforded the opportunity for such hearings, and has considered the economic and social effects of such a location, its impact on the environment, and its consistency with the goals and objectives of such urban planning as has been promulgated by the community. Any State transportation department which submits plans for an Interstate System project shall certify to the Secretary that it has had public hearings at a convenient location, or has afforded the opportunity for such hearings for the purpose of enabling persons in rural areas through or contiguous to whose property the highway will pass to express any objections they may have to the proposed locations of such highway. Such certification shall be accompanied by a report which indicates the consideration given to the economic, social, environmental and other effects of the plan or highway location or design and various alternatives which were raised during the hearing or which were otherwise considered.

(b)

When hearings have been held under subsection (a), the State transportation department shall submit a copy of the transcript of said hearings to the Secretary, together with the certification and report.

Source credit: (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 90–495, § 24, Aug. 23, 1968, 82 Stat. 828; Pub. L. 91–605, title I, § 135, Dec. 31, 1970, 84 Stat. 1734; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-767 · 72 Stat. 902
  • 1968Amended · Pub. L. 90-495 · 82 Stat. 828
  • 1970Amended · Pub. L. 91-605 · 84 Stat. 1734
  • 1998Amended · Pub. L. 105-178 · 112 Stat. 193

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-767 on 1958-08-27.

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