This study addresses issues related to compliance with Section 4(f). It produced two deliverables: 1) a guidance manual to assist Cabinet personnel in the assessment and handling of projects that encounter 4(f) properties; and 2) a review of court cases to establish the standards used by the courts when evaluating a Section 4(f) situation. The latter is an appendix to the guidance manual. By referring to the manual Cabinet employees will be to: 1) Conduct an assessment of proposed alternatives to evaluate prudence and feasibility of a proposed project alternative; 2) Prepare 4(f) documentation to justify the taking of protected property; 3) Apply context-sensitive design principles to mitigate impacts and stakeholder concerns; 4) Identify potential 4(f) involvement on private properties; 5) Identify mitigation measures to minimize potential harm to 4(f) resources; 6) Develop a decision-making process where 4(f) impacts are unavoidable–the latter based on judicial rulings arising from 4(f) litigation; 7) Develop strategies to ensure implementation of 4(f) mitigation/ project commitments.
The guidance manual and annotated list of court cases were converted to Adobe Acrobat® format (Ver. 6.0). These provided a linkage function so users can navigate from the Table of Contents to both the Guidance Manual and the references in the Annotated List.
Digital Object Identifier
O'Connell, Lenahan and Hopwood, Theodore II, "Case Study of 4(f) Litigation/Rulings" (2004). Kentucky Transportation Center Research Report. 209.