Engineering Commons^™

Case Study Of 4(F) Litigation/Rulings, Lenahan O'Connell, Theodore Hopwood Ii

Kentucky Transportation Center Research Report

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 …