Legal Definitions - Streets and highways - State statutes

The term Streets and highways - State statutes refers to the comprehensive body of laws enacted by individual state legislatures that govern all aspects of public roads, streets, and highways within that state's jurisdiction. These statutes cover a wide range of topics, including the planning, design, construction, maintenance, funding, and use of these transportation networks. They establish the legal framework for how state and local governments manage public thoroughfares, ensure safety, regulate traffic, and acquire necessary land for road projects.

Here are some examples illustrating how state statutes apply to streets and highways:

• Example 1: Speed Limit Enforcement

  Imagine a state legislature passes a law, codified in its state statutes, that sets the maximum speed limit on all rural interstate highways at 70 miles per hour, while urban freeways are capped at 60 miles per hour. This statute also grants local municipalities the authority to set lower speed limits on residential streets within their boundaries, provided they conduct a traffic study and post appropriate signage. A driver ticketed for exceeding 70 mph on a rural interstate would be in violation of this specific state statute governing highway use and safety.

• Example 2: Funding for Road Maintenance

  Consider a state that enacts a statute establishing a dedicated "Highway Trust Fund," financed by a portion of the state's gasoline tax and vehicle registration fees. This statute specifies that the funds collected can only be used for the repair, resurfacing, and expansion of state-maintained roads and bridges, and it outlines the process for how local governments can apply for grants from this fund for their own street projects. When a county applies for funds to repave a major arterial road, they are operating under the framework created by this state statute dictating highway financing and maintenance.

• Example 3: Eminent Domain for Road Expansion

  A state decides to widen a congested state highway to improve traffic flow. To do this, the state needs to acquire small portions of land from several private property owners adjacent to the existing road. The state's statutes include specific provisions under its eminent domain laws that allow the state Department of Transportation to condemn private property for public use, such as highway expansion, provided they offer "just compensation" to the landowners. The entire process, from the initial offer to potential court proceedings if an agreement isn't reached, is governed by these state statutes related to land acquisition for public infrastructure.