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23 U.S.C. § 318 — Highway relocation due to airport

submitted 68 years ago by Pub. L. 85-767 to r/title-23-HIGHWAYS · 122 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal highway money generally can't fix a road disrupted by a new or expanded airport. This applies to airports built or expanded after December 20, 1944. There's an exception. It applies when the state, Secretary, and airport officials agreed early that the project serves the public interest.

This section blocks federal highway funds from fixing roads disrupted by newer airports, with one exception. Federal highway funds cannot be used to reconstruct or relocate a highway that provides access to an airport, if that airport was built or expanded after December 20, 1944. The same ban applies to a highway that has been closed, or made less useful, because of an airport built or expanded after that date. There is one way around the ban. Before the airport is built or expanded, the state transportation department and the Secretary must concur with the officials running the airport that the airport's location or expansion — and the resulting highway reconstruction or relocation — serve the public interest. If that concurrence happens first, federal funds can be used.
the actual law source: uscode.house.gov ↗public domain

Federal highway funds shall not be used for the reconstruction or relocation of any highway giving access to an airport constructed or extended after December 20, 1944, or for the reconstruction or relocation of any highway which has been or may be closed or the usefulness of which has been may be impaired by the location or construction of any airport constructed or extended after December 20, 1944, unless, prior to such construction or extension, as the case may be, the State transportation department and the Secretary have concurred with the officials in charge of the airport that the location of such airport or extension thereof and the consequent reconstruction or relocation of the highway are in the public interest.

Source credit: (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 916; 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. 916
  • 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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