Program 7: The Public Regulation of Land Use

    Examines the rail industry from a legal standpoint, surveying history and current use of legal tools such as zoning that may be employed either to assist in the expansion of rail networks or to curtail and constrain them. Noting that zoning property for specific purposes is a relatively new phenomenon, discusses its roots in earlier regulatory devices. Also examines the related issue of “takings” through the power of eminent domain, which allows governmental bodies under certain circumstances and with due compensation to take private property for public use. Considers the use of this right to secure new corridors for rail development.