Participation of Federal-Aid Highway Funds in Cost of Highway Relocation From Rosemont Corridor, Baltimore City, Maryland

B-118653: Dec 19, 1975

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Modification was requested of a 1971 decision relating to participation of Federal-aid highway funds in the cost of acquisition of properties for rights-of-way for an interstate highway through the Rosemont area of Baltimore City. In 1968, Baltimore City authorities finalized their decision to bypass the Rosemont area and not to use the properties acquired for highway purposes. Ordinarily, a State proposing an alternate interstate highway route to one approved by the Secretary of Transportation must bear the financial burden of the change and, in this case, there was no extraordinary Federal involvement in the City's decision to continue property acquisition in the area to be bypassed. The 1968 decision discontinued acquisition of properties along the initially selected route; damages resulting from abandonment of the route were not compensable in spite of the City's contention that a "condemnation blight" was created, and the City was not liable to acquire remaining property in the area. Therefore, the Department of Transportation was not liable to pay the Federal share of costs of acquiring the remaining property.

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