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Original Articles

The legal feasibility of an auto free zone in a metropolitan area

Pages 1075-1097 | Published online: 26 Jun 2007
 

Abstract

One of the suggested remedies for the extreme traffic congestion in the U.S. is the establishment of an auto free zone in downtown metropolitan areas. In order to determine the legal feasibility of such a plan, the authority of the states and municipalities to regulate public streets is reviewed. Special attention is given to eminent domain and the police power. The property rights of the affected persons are discussed. It is concluded that an auto free zone is legally feasible, but certain accompanying provisions would be prudent in order for the courts to uphold it. An annotated bibliography on auto free zones is included as an appendix.

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