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UBC Theses and Dissertations

Planning for transportation corridors in the context of regional development Davey, George Harold 1968

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, PLANNING FOR TRANSPORTATION CORRIDORS IN THE CONTEXT OF REGIONAL DEVELOPMENT by GEORGE HAROLD DAVEY B.A., University of Waterloo, 1966 A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in the School of Community and Regional Planning We accept this thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA April , 1968 In presenting this thesis i n partial fulfilment. of the requirements for an advanced degree at The University of B r i t i s h Columbia, I agree that the Library sh a l l make i t freely available for reference and study. I further agree that permission for extensive copying of t h i s thesis for scholarly purposes may be granted by the Head of my Department or by his representatives. It i s understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. Department of The University of B r i t i s h Columbia Vancouver 8, Canada v ABSTRACT Throughout most of the populated areas of North America, the phenomena of urbanization continues at a rapid pace. As urban centers grow i n population they are also expanding i n areal extent, and as a result, are coalescing both i n form and functional interrelationships. Increased mobility on behalf of the individual and the growing functional inter-dependencies of expanding metropolitan areas w i l l result i n a demand for additional urban and regional transportation f a c i l i t i e s . The basic problem then, which this thesis investigates i s how to acquire corridors of land through rural, urbanizing, and urban regions which w i l l accommodate these transportation f a c i l i t i e s , while at the same time compatibly integrating the different modes with the surrounding land uses. As a solution to this problem, i t i s hypothesized that i n order to compatibly integrate transportation f a c i l i t i e s with land use i n the urban and regional context, the transportation corridor concept should be adopted. The concept i s defined i n Chapter I as a linear parcel of land, of varying width, forming a passageway to accommodate different modes of ground transportation. Included i n the definition i s the three-dimen-sional aspect of the corridor which provides for multiple development, including a i r rights. The overriding functions to be performed by the transportation corridor are as a channel for the interregional movement of goods and people and as a potential instrument i n the hands of planners to influence the form of future regional development. The Northeast Corridor from Boston to Washington, and Mississauga, the linear urban - i -area along the northwest end of Lake Ontario, are cited as examples of emerging population and transportation corridors i n differing degrees of development. To aid i n the acquisition of land for corridors and to assist i n the compatible integration of transportation f a c i l i t i e s with the sur-rounding land use, i t i s proposed that a comprehensive approach to the problem be undertaken by creating a design concept team. Members of this multiple-disciplinary team would represent the various social, aesthetic, economic and p o l i t i c a l aspects of land use relative to the corridor. The corridor concept involves the integration of transportation f a c i l i t i e s with such dissimilar land uses as urban renewal, parks and recreation areas. The methods of investigation undertaken include a review of land use regulation devices used i n the United States. Devices such as highways plans, zoning, tax concessions, and subdivision control are considered as a means of regulating land use to keep land i n open space for future acquisition as corridors. The investigation of a range of land acquisition techniques i s also undertaken and includes the following: acquisition and resale with use restrictions, acquisition and lease with use restrictions, compensatory regulations, conservation easements, and, installment purchase with concurrent use restrictions. Chapter II concludes with a discussion of the po s s i b i l i t i e s of establishing a land bank. Canadian expropriation powers relating to the federal, provincial and municipal levels of government are investigated i n Chapter III. Municipal planning powers and the contribution they can make toward regu-lating and acquiring land for corridor use, i s also described. Through the coordination of governmental powers at the three levels, i t was found that both land acquisition and i t s financing, for transportation corridors, could be undertaken. - i i -The road building and financial responsibilities of the three governmental levels are assessed, and particular attention i s given to the successful financial arrangements agreed to by the federal and provincial governments under The Trans-Canada Highway Act. This Act was instrumental i n providing for joint federal - provincial participation i n the con-struction and financing of the Trans-Canada Highway which was o f f i c i a l l y completed i n 1962. It i s concluded from the investigation that the concept of transportation corridors, as outlined i n the thesis i s basically valid and therefore i s capable of being developed. For the compatible inte-gration of transportation f a c i l i t i e s with the surrounding land uses, i t i s resolved that a comprehensive planning approach be undertaken by the creation of a multiple-disciplinary team. This team would attempt to resolve a variety of conflicts which may arise. Through the coordination of constitutional powers i t was found that a method of acquiring land for corridors could be developed. However, due to the successful experience of the Trans-Canada Highway Act, new legislation i s proposed as a superior alternative to the intergovernmental coordination of powers. It i s concluded that the financial and constitu-tional arrangements u t i l i z e d i n the Trans-Canada Highway Act agreements, because they have been hi s t o r i c a l l y successful, provide a sound foundation upon which to base the new legislation which provides for federal financial assistance i n acquiring land for transportation corridors. Complementing the legislation i s the proposal to create a provincial administrative framework to coordinate the finances and the acquisition of land required for the successful development of the transportation corridor concept. As a second alternative i t i s proposed that a crown corporation be created to provide financial assistance to provinces and municipalities. It i s deduced that crown corporations have achieved a wide degree of - i i i -acceptance i n the Canadian economy, and that the creation of another to aid financially i n land acquisition programs for transportation corridors, provides a viable alternative to the proposal for new legislation. - i v -ACKNOWLEDGEMENTS The writer wishes to express his appreciation to Dr. H. P. Oberlander, Head of the School of Community and Regional Planning and Dr. V. S. Pendakur of the same School for their constructive criticism and valuable assistance i n the preparation of this thesis. The assistance provided by Mrs. H. Symonds, the staff of the Fine Arts section of the Library, and Mrs. E. F. Stewart i s gratefully acknowledged. Mr. D; J. Bowering, B. A7 Sc. and Mr. P. J. Hyslop, B. Sc., P. Eng. from N. D. Lea and Associates deserve particular thanks for their comments and provision of research material. A very special appreciation i s expressed to the writer*s wife, Arlene, for her patience and encouragement during the past two years of study. Finally, thanks to the Brit i s h Columbia Telephone Company for their assistance i n financing the writer»s planning education. TABLE OF CONTENTS Page ABSTRACT i ACKNOWLEDGEMENT v i LIST OF TABLES v i i LIST OF FIGURES v i i INTRODUCTION 1 CHAPTER I. THE TRANSPORTATION CORRIDOR CONCEPT 6 The Concept Defined 6 The Functions Of Transportation Corridors 7 Summary 13 II. PLANNING FOR FUTURE CORRIDORS 16 A Comprehensive Approach " 16 Selected C r i t e r i a For Corridor Location- 18 Selected Methods For Creating Corridors 20 Coordinating Transportation Corridor Planning With Urban Renewal . . . . 23 Land Use Regulation Devices Through Police Power 25 Subdivision Control . . . 27 Land Acquisition Techniques Through Eminent Domain 33 Land Banks 37 Summary 38 III. LAND ACQUISITION FOR TRANSPORTATION CORRIDORS . . . . 44 Canadian Expropriation Powers 45 Federal Expropriation Powers 46 Provincial Expropriation Powers 47 Municipal Expropriation Powers 50 Municipal Planning Powers 50 Coordinating Powers For Corridors 53 IV. A PROGRAM OF COOPERATION FOR CORRIDORS 60 Road Responsibilities i n Canada 60 The Trans- Canada Highway: An Example of Co-operation 64 Proposed Organization 67 Implementation 68 Finances .68 TABLE OF CONTENTS - Continued CHAPTER P a § e Proposed Organization 7 1 Implementation 7 1 Finances 7 2 Summary 72 V. SUMMARY AND CONCLUSIONS 76 Criticisms 81 APPENDIX A • 88 BIBLIOGRAPHY 83 LIST OF TABLES TABLE Page 1. Government Units In Canada With Road Responsibilities 6l 2* Net Road and Street Expenditures By A l l Governments 62 t LIST OF FIGURES FIGURE Page !• Administration OffProposed Legislation 69 1 INTRODUCTION Statement of the Problem The phenomena of urbanization and population growth continue throughout North America. Coupled with these, and aided by a rising standard of l i v i n g , i s an increasing demand for travel both for business and for pleasure. In order to accommodate an increasingly mobile society, transportation routes to f a c i l i t a t e various modes must be planned to provide for the future movement of both people and goods. The problem which w i l l be investigated i n this thesis i s how to acquire corridors of land through rapidly urbanizing regions, and urban-ized areas, within which transportation f a c i l i t i e s can be constructed as dictated by demand. Concurrent to the land acquisition, effort must be made to minimize the dislocation of people and business establishments, and to reduce the disruption and destruction of natural and man-made features located within the boundaries of the proposed corridor. Importance of the Problem The importance of acquiring land corridors for additional trans-portation f a c i l i t i e s i s applicable i n both the urban and the regional context. The coalescence of metropolitan areas, aided by urban sprawl, i n many parts of North America, i s lessening the opportunity to establish corridors without causing dislocation to the area's residents. As this urban development spreads across the landscape the costs of acquiring land increases. Alternatives must be sought to the present system of major expenditures of public funds by a single governmental department, the Highway Department, for the outright purchase of land. Increasing owner-ship and use of motor vehicles, notably private passenger vehicles, w i l l 2 i n turn increase the demand for future transportation f a c i l i t i e s . With the spatial growth of metropolitan areas, planners can use the corridor as an implement i n guiding the direction and form of urban and regional development. Such an important undertaking demands an inter-disciplinary team approach. Purpose of the Study The primary purpose of the study i s to identify ways and means which exist, or which may be devised, to acquire land for use as trans-portation corridors. Included also i s a description of functions to be performed by transportation corridors i n the urban and regional context, as well as an identification of selected locational c r i t e r i a which may be u t i l i z e d i n the designation of these corridors. Importance of the Study The approach to planning for transportation corridors, as under-taken i n this thesis, has not u n t i l very recently, been considered i n a comprehensive manner. In the past, transportation and land use planning were not suff i c i e n t l y coordinated. Consequently, highways i n urban areas for example, were not properly treated as an integral element i n the structure of the c i t y . This i s evidenced by the concern expressed by various group3 that transportation planners should strive to reduce the dislocation of homes and business establishments, the isolation and deterioration of neighborhoods, and the destruction of historical and conservation values. Due to a lack of coordination between disciplines related to transportation and land use planning, fragmentation of the urban and regional fabric has taken place. By adopting a comprehensive and multi-discipline approach to land use and transportation planning, 3 through the establishment of transportation corridors, many of the above problems can be minimized i f not overcome. Finally, the importance of the study i s i n i t s demonstration of a positive approach to compre-hensive land use and transportation planning on an urban and regional basis through the establishment of transportation corridors. Scope of the Study The scope of the study includes a definition of the concept of transportation corridors, and an identification of the functions which may be performed by them. Selected methods to be used, or considered, for the acquisition of land i n urban and rural areas for future trans-portation corridors are also discussed. These include selected techniques u t i l i z e d i n the United States and Canada for the acquisition of land by expropriation and, devices for the regulation of land use such as zoning, subdivision control and community plans. The prospective usefulness of a land bank, and the multiple^use-development concept of the corridor i s investigated. Selected locational c r i t e r i a for corridors and the disciplines which would cooperatively plan for transportation corridors are explored. The study concludes by outlining what party or parties would be responsible for the adoption of three possible alternatives which would lead to the implementation of a land acquisition program for future transportation corridors. The study, while recognizing their importance, w i l l not include a discussion of the economies of land valuation with regard to acquisition or t r a f f i c engineering studies. The study includes the following assumptions: f i r s t l y , that transportation studies when undertaken w i l l indicate the need for additional 4 transportation f a c i l i t i e s which can be accommodated i n a transportation corridor and, second, that new legislation, i f required, can be enacted to assist planners i n establishing corridors. Hypothesis The need to acquire land within which transportation f a c i l i t i e s can be constructed, w i l l continue for some time into the future. As metro-politan areas continue to merge into linear patterns of urban growth the need w i l l persist for additional transportation modes to move the increasing volumes of people and goods. The acquisition of land needed for future f a c i l i t i e s i s often d i f f i c u l t to acquire due to exorbitant land prices, development taking place on the proposed route, and possible disruption of existing land uses situated within the proposed route. The constitutional responsibility for land use planning and for the construc-tion of roads rests with the provinces. However, neither the provinces nor the municipalities who have been delegated limited responsibility for land use planning and road construction, can afford to undertake extensive programs of land acquisition for future corridors. The hiatus i n land acquisition for future transportation corridors requires that a compre-hensive approach be undertaken to solve these d i f f i c u l t i e s . Therefore, this thesis proposes that i n order to acquire land for the compatible integration of transportation f a c i l i t i e s with the surrounding land uses i n the urban and regional context, the transportation corridor concept should be developed. As a guide to undertaking such a project, i t i s proposed that a multi-discipline approach to transportation corridor planning, aided by the financial participation of a l l three levels of government be adopted. 5 Definitions - for the purpose of this thesis are as follows:-Rapid growth areas - those parts of a country which are experiencing relatively higher rates of population, areal growth and urbaniza-tion, than the respective national rates. The Lower Mainland of Br i t i s h Columbia with approximately one-half of the province's population i s an example of this type of area. Region - an areal unit definable for the purpose of describing particular phenomena located within that area. Regional plan - a policy document of goals and objectives reflecting the kind and degree of development within the region to which i t s residents aspire. Transportation corridor - a strip of land of varying width forming a passageway for transportation f a c i l i t i e s used i n the movement of people and goods. Other functions of the corridor include i t s three-dimensional use through the development of a i r rights and the combined use as a transportation - scenic corridor. The definition refers to that area above and below as well as the land surface. Transportation f a c i l i t i e s - include highways, r a i l lines, transit lines, pipelines, electric power and communication transmission lines. A combination of transportation f a c i l i t i e s constitutes a transportation system. Urban land development program - i s a program synonymous with an o f f i c i a l community plan or regional plan, but refers to an individual municipality. 6 CHAPTER I THE TRANSPORTATION CORRIDOR CONCEPT The Concept Defined For the purpose of this thesis, the concept of a transportation corridor may be defined as a s t r i p of land, of varying width, forming a passageway within which different modes of transportation are located. In effect, the corridor can contain a number of "individual" rights-of-way side by side, above one another, or any combination of these. Sharing the corridor could be highway, railway, and r a i l transit f a c i l i t i e s , combined with power transmission lines, pipelines, sewer and water. In-cluded, where applicable, might be inland waterways such as canals and rivers. The f l e x i b i l i t y of the corridor provides for the accommodation of present transportation f a c i l i t i e s as well as those proposed for the future. Transport f a c i l i t i e s travel above, below, or at grade, depending upon the relative location of the corridor within the urban and regional context. A transportation corridor may therefore be considered as possessing poten-t i a l for three dimensional development. One example i s the construction of an elevated highway above a railroad, another being buildings located within the corridor with the highway passing under or through them. "In the more densely developed portions of urban areas, a i r rights development notably over depressed freeways, i s receiving increased application."^" In addition to an "inner zone" of the corridor containing the trans-portation f a c i l i t i e s and other integrated developments, there i s an "outer zone" consisting of panoramic views of the landscape. These "scenic corridors", as the outer zone i s known, include 7 the scenic and recreation areas traversed and extending outward beyond the right-of-way. /They also include/ the elements which make for outstanding scenic vistas and the f a c i l i t i e s for enjoying them. These may be within the immediate roadside area or may be part of a sweeping distant panorama. The features found i n such a corridor normally would include: (a) lakes, streams, other bodies of water, and wetlands; (b) striking stands of timber; (c) unusual geological formations, outstanding mountain or desert scenes; (d) exceptional pastoral scenes and even notable urban views; and (e) cultural and h i s t o r i c a l features that offer the / t r a v e l l e r / enjoyment and edification." 2 The concept of transportation corridors then, combines the movement of people and goods by various modes within a common passageway with routes through scenic landscape, plus the feature of multiple development within the right-of-way. Because the transportation corridor can accommodate a number of f a c i l i t i e s within rights-of-way which are theoretically interchangeable, the corridor concept, as i t relates to highways, w i l l receive the greatest emphasis i n the thesis. "The 1highway corridor 1 i s one of the most important innovations to be added to American planning concepts i n the present decade /V)bQ*sJ. Although i t i s not altogether a new idea, i t s application to highway programs i s new, and as a result, no extensive body of doctrine or experience exists for those seeking to apply this concept to r e a l situations."3 The Functions Of Transportation Corridors The functions performed by a transportation corridor are numerous and interrelated. Its prime purpose however, i s that of providing a passageway for the movement of people and goods by various modes of ground transportation. In a regional context, the corridor concept has increasing potential both as a channel for interregional movement of goods and people and as a potent tool i n the hands of planners to influence the form of 8 future regional development. Nowhere i n North America has this concept greater application than i n the metropolitan areas which contain approximately 80 per cent of the country's population. These metropolitan regions are experiencing a signi-ficant growth phenomenon, and i t i s i n this context that transportation corridors can play an important role. More rapid rates of growth are occurring i n the suburban areas around the central c i t i e s than i n the central c i t i e s themselves. "From 1950 to 1959 the central c i t i e s i n the standard metropolitan areas S. k j increased by only 1.5 per cent i n population; i n the area outside the L central c i t i e s the increase was 44.3 per cent." Professor Hauser has estimated that, "out of a t o t a l metropolitan area increase of sixty million persons from 1950 to 1975, some 50 million w i l l locate i n the growth rings outside of central c i t i e s . " ^ Much of this growth i s linear i n form rather than i n consecutive growth rings, reflecting a possible indication of tomorrow1 s urban structural form. Many North American c i t i e s are growing together, and the urban forms which appear to be emerging are population corridors, whose growth has h i s t o r i c a l l y followed transportation routes. Today, there are several corridors of this type evolving on our continent.^ "In /some/ respects, super region characteristics begin to appear at a relatively early stage i n the interaction between metropolitan areas and nearby c i t i e s . The corridors connecting them generally become the most important corridors within each urban area and within the embryonic super-region. Along these corridors development usually tends to occur more 7 rapidly than elsewhere i n such areas." If this trend continues, the need for co-ordinated transportation f a c i l i t i e s planning and land use planning w i l l necessarily increase. We can no longer afford to engage i n the 9 "chicken-and-egg" debate of "Do t r a f f i c and transport f a c i l i t i e s affect and 8 shape land uses or do land uses require transport f a c i l i t i e s ? " Histori-cally, transportation technology profoundly influenced urban land development. Today, many metropolitan areas are a force i n themselves, and are self-generating. "Looking ahead to ever larger numbers of inhabitants, i t would seem that the internal, intra-metropolitan, transport systems must 9 respond to the demands of the people and the land." If we can assume that our society can define the environment i t desires, i t i s important that the use of land resources within metropolitan areas be carefully examined with an aim to directing their future development. One useful tool i n the planner's arsenal which can be employed to direct development within and between the numerous and growing regions, i s the transportation corridor. Through the simultaneous planning of land use and transportation routes, a program can be developed to guide regional development. Whether we are able to accommodate the urban population growth i n a satisfactory manner, . . ., depends upon the pattern i n which we direct the population growth. A t o t a l pattern of growth i s composed of numerous factors: the amount of development which takes place, the direction i n which the growth occurs, the extent to which i t i s distributed throughout the region, the way i t i s arranged, and also the quality of that growth. The outcome of our future pattern of growth w i l l depend upon what kind of l f. decisions we make or do not make regarding these factors. Presently, plans are being made to accommodate one linear pattern of urban growth by proposing the development of a transportation corridor. Within the urbanized region, or population corridor, running from Boston to Washington, on the United States eastern seaboard, planners are sugges-ting a modernized high-speed r a i l system. This i s where t r a f f i c i s heaviest today, and where i t seems l i k e l y to remain heaviest i n the future. 10 There were about thirty-eight million people i n the corridor i n 1965, and population forecasters indicate that there w i l l be f i f t y to f i f t y - f i v e million 11 i n this same region i n the year 1980. The Northeast Corridor, as this urbanized region has been labelled, i s recognized as "more than a series of neighboring metropolitan areas, /but/ that i t has real cohesiveness, and that i n many matters each metropolis from Boston to Washington i s affected 12 by the successes and failures of the other metropolitan areas." Establishment of the transportation corridor w i l l expedite the movement of people and goods throughout the length of this eastern seaboard region, and may also be used by land use and transportation planners as a tool to influence the location and form of future urban development. A situation not unlike the Northeast Corridor i s developing around Toronto. A number of c i t i e s , aided by urban sprawl, are coalescing around the western end of Lake Ontario. "This i s the undefined and unexamined c i t y of the year 2000 called Mississauga by Professor D. P. Putnam. It has also been called Conurbation Canada,1^ for i t w i l l probably have a population of 5,000,000 before the end of the century, and w i l l certainly render our present-day terms and definitions of urban development obsolete. The conurbation w i l l very rapidly link the lakeshore settlements into a linear c i t y . " " ^ With urban development forming a corridor along the lake-shore and strengthened by continuing evidence of this pattern of growth, the need i s increasing for a transportation system to effectively serve this rapid growth area. One four-lane highway, the Queen Elizabeth Way, parallels the western end of Lake Ontario, as does a Canadian National Railway l i n e . The provincial government of Ontario, recognizing the need to serve this corridor of population, introduced G. 0"^ Transit which serves a portion of the conurbation. "The provincially subsidized commuter tra i n 11 service ^runs on the C.N.R. l i n e / east from Toronto to Pickering, and west to Hamilton along the populous Lake Ontario shore."^ Essentially G 0 Transit represents an attempt on behalf of the Ontario government to provide this area of rapid growth with additional transportation f a c i l i t i e s , i n order to handle an increasing number of commuters. G 0 Transit i n Ontario i s an example of a rudimentary transportation corridor containing a four lane highway and a r a i l commuter service. The modes are complementary i n moving large numbers of people either by auto or r a i l transit. In addition to providing the service of moving people, as well as goods, the corridor has another significant contribution to make. Planners, who propose future extensions of these transportation services, have i n their grasp, a potentially powerful implement with which to influence future form and direction of urban and regional development. As c i t i e s and towns continue to spread i n areal extent and coalesce into metropolitan population corridors, predicated by their historical location along transportation f a c i l i t i e s , the need increases for improved methods of transport. One approach to providing for the increasing trans-portation needs of the expanding population within these emerging linear urban areas i s through the establishment of transportation corridors. In rapid growth areas such as "Mississauga," both urban and regional planners, i n concert with transportation planners, should be engaged i n the prepara-tion of present and future regional development plans. Included as an integral element of these plans should be the concept of transportation corridors. Not only should corridors be considered to serve present settlements, but also they should be considered as a positive guide to the timing and location of new towns within the region. In the latter case, transportation corridors would serve as a means of implementing a regional plan. 12 Another function performed by transportation corridors would be to provide the traveller with a view of the area's landscape personality. Scenic easements paralleling the corridor, would effectively control development and prohibit billboards within their boundaries. This would preserve the natural amenities of the area and provide safe, pleasurable transit to and through scenic and recreational areas. Complementary to scenic easements would be control of access by the corridor. The latter function prohibits the uncontrolled growth of ribbon business and housing site developments which tend to decrease the carrying efficiency and capacity of the highway. The result i s a lessening demand for new highway improvements and a reduction of public expenditures. Where topographical conditions permit, the inclusion of separate rights-of-way into one common corridor can reduce the amount of land that would otherwise be required. Further, costs of acquiring several separate rights-of-way may be reduced by having them located adjacent to each other within the single corridor. In an urban context, transportation corridors perform functions both similar, and i n addition to those i n the regional setting. By accommodating a l l modes of ground transportation, the corridor reduces the fragmentation of the c i t y and thereby conserves expensive and limited urban land. "In an effort to minimize additional fragmentation of the urban area, some lo c a l i t i e s have incorporated freeways with existing or new railroad or rapid transit lines, into so-called transportation corridors." 1''' Right-of-way costs would s t i l l be high, but divided between more than one transport mode or related agencies, the cost would be relatively reduced. To date most transportation f a c i l i t i e s through urban areas have separate rights-of-way containing only the physical transportation plant 13 within their boundaries. The transportation corridor concept provides not only for different modes of transport within i t s right-of-way, but also for multiple development by the use of a i r rights. Through the development of a i r rights both a higher density of land use and a more aesthetically pleasing cityscape may be realized. When co-ordinated with urban renewal projects, the corridor concept allows for the integration of new land uses with the transportation f a c i l i t i e s . Land uses can occupy the a i r space both above and below the transportation f a c i l i t i e s . In addition to serving as a means to assist the implementation of an urban development program, the transportation corridor may be located to complement yet separate incompatible land uses, and act as a buffer between neighborhoods of unlike character. Corridors i n urban areas represent a joint inter-agency undertaking resulting i n a right-of-way wider than normal, by purchase of whole rather than p a r t i a l parcels and blocks of land. This interdisciplinary approach to integrating transportation f a c i l i t i e s with land use must lead to an aesthetically pleasing cityscape. "Visual aspects of /corridor/ location and design should be considered from the points of view of both the user and of the people i n the areas through which i t passes. . . , n l ^ Most importantly, the transportation corridor must com-bine the concept of "the view from the road" with "the view of the road" to be an integral part of the urban structure and fabric. It i s a blending of these two important ingredients, form and function, that i s the rationale for the transportation corridor concept. Summary The transportation corridor can be considered as a passageway on land for the travel of different modes of ground transportation. It also encompasses the idea of transportation within a scenic corridor for the benefit of the traveller and the resident i n the area through which the route passes. Of great significance particularly i n the densely urbanized areas i s the prospect for multiple development of a i r rights within the corridor. Through carefully co-ordinating and integrating these three major functions of the transportation corridor, planners have an implement both to move people and goods and to influence the direction and form of future urban and regional growth and development. 15 Footnotes XB. G. Barkan, "Latest Methods Of Determining Urban Highway Routes," Journal of the Urban Planning and Development Division, Proceedings of the A.S.C.E., Vol. 93, No. UP4 (Dec, 1967) p. 11. 2David R. Levin, "Scenic Corridors" Highway Corridor Planning and  Land Acquisition, Highway Research Record 166, (1967) p. 15. 3Highway Corridor Planning and Land Acquisition Foreword, Highway Research Record 166, 1967. ^Richard U. R a t c l i f f , Real Estate Analysis Toronto; McGraw-Hill Book Company, Inc., 1961, p. 317. ^Philip M. Hauser, Proceedings of the Thirteenth Annual Conference  for Senior Executives i n Mortgage Banking, New York University Business series, Mo. 13, 1958, p. 46. 6"Transportation for Super-Regions" Metropolitan Vol. 63, No. 1, Jan.-Feb., 1967, p. 21. Demographers i n the United States have identified 21 such corridors i n various stages of development i n different parts of the nation. 7jbid., p. 20. 8j. Douglas Carroll, Jr., ". . .New ways to see Land Use and Transportation," C i v i l Engineering Vol. 34. August, 1964, p. 62. 9jbid., p. 62. 10j. Stanley Parnell. "Planning Transportation F a c i l i t i e s To Guide Urban Development" Traffic Quarterly Ap r i l , 1966, p. 279. Uciarence D. Martin, J r . "The Northeast Corridor - Widening The Planning Range" Traff i c Quarterly Ap r i l , 1965, p. 156. ^"The Northeast Corridor" Metropolitan Jan.-Feb., 1967, pp. 12-18. ^From an a r t i c l e entitled "Conurbation Canada" i n the Canadian  Geographer, Vol. 4, 1961. !%orman Pearson, "Planning Mississauga" Regional and Resource  Planning i n Canada R. R. Krueger, et a l . (ed.) Toronto: Holt, Rinehart and Winston of Canada, Ltd., 1963, p. 33. stands for the Government of Ontario. l6"Standing Room Only" Time Canada Edition, Jan. 5, 1968, p. 11. 17Barkan, loc. c i t . , p. 10. 18lbid.. p. 16. 16 CHAPTER II PLANNING FOR FUTURE CORRIDORS A Comprehensive Approach The planning and design of future transportation corridors w i l l require the adoption of a new outlook and attitude on behalf of their creators. The necessity of an interdisciplinary approach to locating transportation corridors merits serious consideration. Highway depart-ments, for example, can positively take the i n i t i a t i v e by endorsing a multiple-discipline undertaking for future route locations i n both the urban and rural context. Although this proposal i s not unique, i t s application i n North America has suffered from lack of initative on the part of highway departments. What must be considered, i s a comprehensive approach to the problem of transportation route planning and implicit i n this statement i s the need to create a design concept team. In urban areas this team would be composed of at least the following professionals: architects, planners, landscape architects, economists, sociologists, housing experts, transportation engineers, acoustical and lighting engineers and colour consultants. For example, the housing expert's role may be viewed i n the following manner. In a situation where a corridor location has been established i n an area, slated for redevelopment, the need to relocate displaced residents often arises. This circumstance i s applicable when the transportation route i s coordinated with urban renewal and a swath of homes i s removed, thus displacing their occupants. The incidence of dislocation created by this joint venture emphasizes the need for a more comprehensive approach to corridor location planning and the need for both awareness and participation 17 on behalf of particular team members. The problem of relocation arises when persons are displaced by the impending construction of the transportation f a c i l i t y . At this juncture the role of the housing expert i s foremost. He i s as much responsible for the satisfactory relocation of dislocated persons as for advising on the reconstruction of new housing f a c i l i t i e s i n conjunction with the multiple-development corridor concept. In: response to the c r i t i c 3 * charges that urban highways are blighting communities, the c i t i e s of Boston, Baltimore, Chicago, Seattle and Washington, D. C. are considering the creation of design concept teams. In Baltimore "the team w i l l examine highway, plans i n the light of such questions as: What w i l l i t look l i k e , what views w i l l i t block, what noise w i l l i t create, what people w i l l i t displace, how w i l l i t affect the economies and the atmosphere of the surrounding area, what should go along side i t or over it—housing, shops, warehouses?"^" This proposed compre-hensive approach to highway route planning i n Baltimore i s akin to the multiple-development concept of the transportation corridor described i n an earlier chapter. The study w i l l eliminate the taking of wide strips of land for unilateral use and w i l l develop designs that integrate the high-way into i t s surroundings. The designed corridor would be "an integrated block-wide st r i p with space devoted to the highway, high-rise apartments, 2 commercial buildings, parks and recreational f a c i l i t i e s . " Such an under-taking should result i n a more aesthetically pleasing and functional high-way system being inscribed into the cityscape. In the rural, as i n the urban area, there exists the need for a design team capable of interpreting and plotting transportation route locations within the rural landscape. Agriculturists, landscape architects, 18 conservationists, economists, park planners, transportation engineers, foresters, and regional planners should be represented on the team. Together, i t s members could develop a mapping system upon which they could indicate significant elements of the terrain to be considered when estab-lishing the f i n a l alignment of the corridor. This coordinated approach would permit both a broader consideration being given to the impact of the transportation corridor on natural ecological areas and an opportunity to harmonize the f a c i l i t y with the quality-giving features of the environment. "I f /transportation/ systems are going to be l a i d out i n close proximity to natural features. . .an approach with more and closer c o l -3 laborative efforts between the design team and the engineering team" w i l l be needed. Selected C r i t e r i a For Corridor Location Complementary to the need for design concept teams to plan the lay-outs of transportation corridors, i s the need to move beyond the traditional evaluative technique of a cost-benefit type of analysis i n which several measurable costs are compared with measurable benefits over a period of amortization. Without undertaking a discussion of the evaluation of costs and benefits related to highway construction, an attempt w i l l be made only to identify selected factors which, although they defy quantification, are nevertheless, to be considered by the team i n locating the corridor. ". . .highways cannot be located by choosing the shortest route, the least costly to construct, or even the one that gives the highest traditional benefit - cost ratio. An attempt must be made to identify a l l the factors that can influence a choice, direct or indirect, tangible or intangible. Only after. . .evaluation of a l l these factors can a choice be made."^ 19 Besides the necessary considerations included i n locating the corridor route, such as costs of construction, terminal f a c i l i t i e s and i t s relationship to other transportation systems, other factors related more closely to the scenic corridor bordering the route, must be evaluated. Levin suggests that the merits of alternative scenic corridors be considered, based on a selection of c r i t e r i a agreed upon by the design team. He identifies the significant features which a route should have to "provide people with an opportunity for an outstanding travel experience. Thus, the landscape or recreation resources within the corridor are the key to selection rather than the road i t s e l f . " 5 The quality of the land-scape i s a major feature to be considered i n the determination of corridor locations. This includes the scenic, historic, and cultural character of the region. For example, an outstanding view of a geological outcrop, a prime stand of timber or a pond are integral parts of the landscape's quality and contributes to the traveller's pleasure. Similarly, a mining ghost town or a monument to pioneer days reflects a sample of our heritage to be observed and enjoyed. The identification and inclusion of partic-ular ethnic dominated areas within the scenic corridor contributes a rich individual quality to the landscape.^ Variety of specific resources within the landscape i s another impor-tant feature. Specific resources, once identified within the region, w i l l assist i n guiding the location of land acquisition for the proposed corridor. Man-made resources of interest may include old forts, blacksmith shops and historic churches, while natural resources may include any number of wild animal or bird habitats, waterfalls, caves, bathing beaches or outstanding rock formations.- After plotting the location and extent of the natural and man-made resources throughout the region a potential scenic corridor can be 20 identified to relate to the transportation route. Recognition of the existence of certain of these resources i s of importance. While not necessarily influencing the design team to plot the route i n the immediate v i c i n i t y of the resource, i t may i n fact protect i t from being disturbed or obliterated by a particular alignment of the transportation corridor. Compatibility, then, i s another significant feature of the route. The transportation and scenic corridor should be coordinated with other outdoor recreation and conservation objectives and should not disrupt cer-tain specified resources such as wild l i f e or f i s h habitats, and nature preserves. Likewise, i t must not impair the enjoyment of features having 7 scenic or cultural interest. In effect, the design team undertakes an inventory of the resource patterns within the region. " I f the natural ecological area w i l l suffer unduly from the highway, the highways can be re-aligned to relieve this pressure. The same thing can be done i n connec-8 tion with development of the scenic potential of the highway corridor." With the inventories completed, the team members can evaluate where and what the significant features are, and be more conclusive i n establishing the corridor's f i n a l location. Attention can then be directed toward a program of land acquisition or reservation. Selected Methods for Creating Corridors Incumbent on the members of the design concept team i s the duty not only to plan i n a coordinated manner but also to undertake joint financing of land acquisition. Implicit i n the multiple development concept of the transportation corridor i s the opportunity to cooperate and coordinate finances to further the objectives of the various disciplines represented on the team. Within the rural areas of a region, for example, transporta-tion engineers, park planners, and conservationists may be interested i n 21 acquiring land i n the same location. Conservationists may wish to obtain wetland acreage for the preservation of peculiar flora and fauna, or for sc i e n t i f i c study of the natural ecology. Park planners might also be con-sidering a much larger area, which incidentally encompasses the wetlands, for a particular classification of park. Both objectives can be realized and can also be coordinated with the transportation engineer's objective of establishing the location of a transportation corridor within scenic easements. By coordinating both planning and financing efforts, the individual objectives are more easily realized. A coordinated development technique similar to the one proposed above i s not unique i n North America. The combined parkway - boulevard 9 concept was developed i n New York and Chicago during the early 1900's. Two complementary factors which this concept embraced were land require-ments and accessibility. Both parks and roadways have land requirements and the former requires accessibility. In the c i t i e s quoted as examples, parks were often two hundred acres or more, and were situated within the metropolitan area. Significantly, the c i t i e s contain samples of linear parks which are highly complementary to the land requirements of trans-portation f a c i l i t i e s . Chicago's Burnham and Lincoln parks and New York's Jones Beach and Giglo State parks are a l l linear i n form. Programs for the acquisition of parks or recreational lands are being pursued throughout North America to provide outdoor f a c i l i t i e s for a society with increasing leisure time. An existing instance i s "Chicago's 1000-acre Lincoln Park /phxch/ preserves a 5.5 mile stretch of Lake Michigan shoreline for regional recreational use. Controlled access Lake Shore Drive extends the f u l l length of the park, and offers an excellent example of freeway park coordination." 1 0 Recently, a similar proposal was 22 put forth i n New York. "In Binghamton a regional park has been proposed for a 2.5 mile section of right-of-way lying between /interstate/ 1-81 and the Chenango River. The area involved totals about 250 acres and was acquired for highway drainage and flood protection."^ In both examples large bodies of water formed a border of the coordinated freeway park system. Similarly, entire, or portions of, river basins may be acquired to serve a similar function. "River basin corridors represent an out-standing scenic and landscape resource i n nearly every state. . . . Since most important urban areas have been located his t o r i c a l l y along rivers or coastlines, many new interurban freeways w i l l also f a l l along the general alignment of river basin corridors and associated recreational oppor-t u n i t i e s . " 1 2 Presently, a more positive attitude toward the advance acquisition 13 of highway rights-of-way i s evolving i n the United States. With the advance acquisition of transportation and parkland needs coordinated, the concept of the transportation corridor i s more f u l l y realized. The Blue Ridge and Natchez Trace Parkways are instructive examples of this approach. The elongated parks - parkways located i n rural areas involved the acquisition of considerably more land within a linear corridor than required for freeway purposes, and developed with recreational f a c i l i t i e s which were linked by the parkway route. "Nineteen park enlargements, from several hundred to several thousand acres i n size, are spaced over the Blue Ridge Parkway's 478-mile length. Average width i s 125 acres/mile, compared to 35 acres/mile for the typical freeway. The Parkway i s adminis-tered by the National Park Service."-*^ The Blue Ridge Parkway i s a close parallel to the transportation corridor concept with i t s bordering scenic corridors. With the adoption of this coordinated approach to land 23 acquisition the way i s open to one method of establishing a transportation corridor. Coordinating Transportation Corridor Planning With Urban Renewal The opportunity to coordinate urban renewal projects with transpor-tation corridors provides an additional avenue for route location. Despite the p o s s i b i l i t i e s which this approach offers toward the provision of a right of way, both through and within the urban fabric, i t s potential has not been developed. "Coordination of highway planning with local urban renewal plans has been the subject of much talking and writing, but of relatively l i t t l e effective action. . . . n i ^ The major reasons why f u l l advantage has not been taken of this situation are twofold: " ( l ) the freeway builders are under tremendous p o l i t i c a l pressure to get the freeway routes into operation and (2) urban renewal i s a new governmental process that takes time to generate the public support i t needs to go forward at the same pace as the freeways."x^ Timing of the joint project i s c r u c i a l . For example, "a freeway may cut into a large part of the urban renewal project's e l i g i b i l i t y by the elimination of substandard dwelling units and other conditions of blight. The matter of land acquisi-tion i n the urban renewal project and the freeway right of way must be coordinated to maintain f a i r market values and to ensure that neither program w i l l increase the cost of the other." x^ ^Similarly, by combining urban renewal and highway finances the costs of land acquisition are less for each partner. Through a joint program of land acquisition, severance costs attributable to highway rights-of-way can be effectively reduced, and a superior highway alignment can be achieved. By acquiring whole parcels of land the need to pay damages for remainders i s eliminated and greater 24 latitude exists for the development of the transportation corridor concept. With additional land available, new land uses compatible with both the transportation f a c i l i t i e s and the surrounding land uses can be more easily integrated. A small but growing number of cases i s beginning to appear where transportation routes are being coordinated with urban renewal projects. In New Haven, Connecticut; Newark, New Jersey; Boston and Maiden, Mass., highway routes have been coordinated with urban renewal projects. In Newark's case "the c i t y planners are hoping to apply State and Federal open-space funds to help create a continuous s t r i p of small parks and play areas along the two and one-half mile route." A similar develop-ment i s occurring i n the Quai de Bercy area of Paris where a 99-acre conglomeration of decrepit, half-empty warehouses are being transferred into a "green lung." Redevelopment includes several office and apartment buildings which w i l l rise above three-tiered concrete platforms. The top t i e r i s for pedestrian use, the neafit two are for local auto t r a f f i c , 19 while trucks w i l l circulate at ground level. The opportunity to create new land uses, such as i n the Newark and Paris examples, lends credence to the concept of coordinating urban renewal areas with transportation route planning i n order to realize the multiple development potential of the transportation corridor. Other po s s i b i l i t i e s exist which deserve consideration i n the planning and location of transportation corridors. The presence of transmission line and pipeline rights-of-way traversing the countryside offer linear parcels of land upon which other development i s usually prohibited. Through coordinating the planning efforts of parties responsible for locating > the rights-ofHrfay for the various modes of transportation, benefits may 25 accrue to a l l services. For example, where a common corridor could be effectively u t i l i z e d to accommodate transmission lines, pipelines as well as highways or r a i l service, the costly undertaking of individual land acquisition programs could be combined into one effort. This would also reduce the fragmentation of land use created by the individual rights-of-way. Existing railroad rights-of-way which have been an important instrument i n the development and growth of many North American urban centers provide another potential area for locating a transportation corridor. P a r a l l e l rights-of-way may be acquired or the a i r space above the r a i l 20 f a c i l i t y might be developed to accommodate a highway. Since limited development of a i r rights has occurred i n North America the latter alterna-tive holds great p o s s i b i l i t y for the future. Land Use Regulation Devices Through Police Power Ideally, the acquisition of land for transportation corridors should be undertaken within the context of area-*dde comprehensive planning. Within this framework, transportation needs are considered i n the broad perspective of their relationship to other community needs. City and regional planning deal with the physical environment as a whole. And of that environment, transportation i s an essential component—a more dramatic component i n this day than ever before. Comprehensive planning of the environment therefore includes transportation as one of the major elements of the t o t a l planning process. A highway planner may consider transportation planning as related to comprehensive_planning; a c i t y or regional planner necessarily views /transportation/ planning as an integral part of comprehensive planning. Of the deficiencies one can observe i n evaluating the results of planning during the last generation, one of the greatest i s the absence of integrated planning for transportation with other planning f a c t o r s — a t least so far as the effecting of plans i s concerned. Transportation f a c i l i t i e s , . . ., have been planned with too l i t t l e regard for comprehensive plans for the environ-ment—usually because no such comprehensive plans exist. 21 26 Greeley contends that "decisions on highway location are i n effect decisions affecting future land use, future economic activity, future residential and commuter patterns. Whoever plans the location of high-22 ways i s committing, to a large extent, the comprehensive plan." Inherent i n the concept of planning i s the rational allocation of resources for future use and enjoyment. Land, as one of the resources, i demands and deserves this rational treatment. One approach to the reservation and control of land for future use as transportation corridors requires the adoption of a regional plan or urban land development program. Because a considerable period or time often elapses between the planning of a transportation f a c i l i t y and i t s construction, devices under the police power provide planners with some methods of influencing land uses i n desired directions. With the adoption of urban and regional plans by local governments, protection can be extended to future rights-of-way. The o f f i c i a l mapping of streets protects them from encroachment before acquisition. Some American municipalities and counties are presently authorized to adopt a precise plan of their streets or highways. Following adoption of the plan, no building or improvements may be erected within the bed of the street or highway without permission having f i r s t been secured from 23 the adopting agency. Permits are not issued except i n the case where reftasal would result i n hardship on the applicant. O f f i c i a l street plans or maps have not been widely adopted but sufficient experience has been accumulated by communities that have used them to demonstrate the effec-tiveness of the law. The American experience indicates that compliance 24 has been high and that hardship cases have been rare. However, o f f i c i a l plans have their limitations and the granting of hardship variances i s l i k e l y to increase i n occurrence especially i n the 27 case of corridor reservations which require large amounts of land. Each variance granted defeats the purpose of the reservation as i t represents permission to encroach on the reserved right-of-way. Further, each must be bought out i f the highway i s to be built on i t s original location. A second limitation of the plan i s that i t offers protection only to the right-of-way of a proposed street or highway. No regulation of adjacent land uses to the right-of-way i s included i n the law. Interim regulation of adjacent land uses may prove useful i n relieving th® pressure of granting hardship variances, prior to the period of construction. Subdivision Control The technique of preserving land for streets and highways through o f f i c i a l mapping i s included i n statutes authorizing subdivision regulations. A l l municipalities and provincially appointed o f f i c i a l s have enabling authority to regulate new subdivisions. The Municipal Act of B r i t i s h Columbia, for example, allows municipal councils to "regulate the area, shape and dimensions of parcels of land and the dimensions, locations, alignment, and gradient of highways i n connection with the subdivision of 25 land, . . . ." In effect, the subdivider i s required to dedicate land for streets or highways as one of the conditions for approval of his sub-division plan. The subdivision of land can be prohibited i f the developer does not comply with the regulations. However, other than the internal street dedications for the subdivision, the extent of the subdivider*s obligation to donate right-of-way for major highways i s not f u l l y c l a r i f i e d . A variation of the above provides another method of keeping land open for future use as transportation corridors. In the United States, subdividers are sometimes asked to reserve rather than dedicate right-of-way. This reserved s t r i p of land i s held i n private ownership u n t i l the 28 highway department i s prepared to proceed. "A subdivision reservation imposes the uncompensated burden of delay on the individual lot owner, and has the same effect as a dedication on the developer because i t effectively deprives him of part of his buildable area. Yet highway reservations under subdivision controls have been j u d i c i a l l y upheld when they have been considered, on the ground that they are a necessary 26 implement to effective planning." However, Krasnowiecki i s sceptical of the degree of control of land use and development through subdivision regulation. "In many cases," he remarks, "the statutes do not require that the lo c a l authority adopt comprehensive subdivision regulations as a condition to the exercise of i t s power to approve and disapprove proposed subdivision plats of plans. The result i s that subdivision approval i s often an ad hoc function—open 27 to p o l i t i c a l pressure, favouritism and discrimination." ' Despite this criticism of the subdivision control process, i t does have some strong points. It i s particularly useful i n undeveloped areas where considerable new highway mileage would be b u i l t , by effectively coordinating new development with a highway program. "Furthermore, the constitutionality of subdivision controls i s enhanced by the fact that they require the subdivider to apply for approval. Although the argument cannot be supported analytically, the courts have been impressed with the fact that the subdivider i s asking for a privilege, which may then be granted on conditions that could not otherwise be imposed. The legal strengths inherent i n this procedure could be incor-28 porated into other control processes." Zoning represents another method of preserving open space and shaping land use patterns. 29 "Zoning i s enacted under the police power, which i s the power of the community to make regulations for the purpose of promoting the public health, safety, morals, or the general welfare of the people of the 29 community, without the payment of compensation." Several modifications of zoning exist and a l l can be u t i l i z e d to regulate open space for future use as transportation corridors. Agricultural zoning i s proposed 30 as a method of preserving large areas of land for open space use. The purpose of agricultural zoning i s to set large-lot requirements and prohibit uses incompatible with fanning. " I f the land retains i t s value primarily for agricultural reasons, the open space may remain for many years. . . .there i s nothing to prevent an owner's pressing for re-31 zoning which'will enable him to s e l l the land for development." At best, agricultural zoning i s a short-run approach to open space preservation since no reliable period of time can be designated for i t s existence. Large-lot zoning i s another attempt at restricting development while, at the same time, maintaining much of the area i n open space. Criticism of this zoning i s that i t has not deterred development to a considerable extent and that open space i s used privately by the lot owners. Although large-lot zoning may be favoured by lot owners as helping to preserve their property values, i t may also boost the cost to municipalities of some public services and be considered a wasteful 32 use of residential lands i n a rapidly urbanizing region. Flood plain zoning which prohibits building on the flood plains of streams serves to retain the restricted land as open space. Such zoning clearly serves a public purpose, by helping to prevent the disas-trous effects caused by floods, and i s more time-proof than agricultural zoning. Besides being used for recreation and green belt purposes, flood 30 plain zoning can make an effective contribution to the scenic corridor concept by preserving linear areas of the natural landscape. Cluster zoning, l i k e flood plain zoning i s a more reliable method of providing areas of permanent open space. Where developers accept the option of providing a variety of lot sizes, as long as the number of dwellings built i n the subdivision are the same as would be built under the old regulations, impressive gains can be realized i n obtaining public open space. "In return for the f l e x i b i l i t y which density /OT cluster/ zoning gives to the developer, the c i t y requires the dedication of a certain amount of open space. Thus, through a form of zoning 33 control, a municipality may obtain permanent open space. . . ." Open spaces resulting from a number of contiguous developments, as along a stream valley, may be joined to form a green belt. This method of acquiring open space has great potential i f developers can be shown the advantages inherent i n cluster zoning. Strong proposes timed-development zoning as another method of preserving open space by regulation. As the t i t l e implies, a community i s separated into several d i s t r i c t s . One type of d i s t r i c t would have municipal and public services, and permit development to take place. Another type presently lacking services, would be scheduled for expansion of services,,but i n which development i s prohibited u n t i l the services become available. A third type of d i s t r i c t lacking services would have development postponed indefinitely. The strengths of timed-development zoning include the minimizing of scattered development and a reduction of public u t i l i t y costs as the result. Its weakness, i s i n enforcing the delay of development which may be challenged as a taking without compensation. This method does not provide any certainty that open space can be maintained. Zoning, as a 31 land use regulation technique under the police power has limited potential for maintaining open space for future use as transportation corridors. Agricultural, large-lot, and timed-development zoning offer mainly a limited postponement of development. Flood plain zoning and cluster zoning offer the greatest promise for keeping land i n permanent open space. Mandelker recognizes the limitations of existing zoning under the police power and proposes a more positive approach to reserving land for future transportation f a c i l i t i e s . S t i l l a form of zoning, but originating with state highway departments, would be the authority to 35 establish highway conservation zones. Prerequisite to effective land reservation by this method would be a state highway plan. On the basis of a highway plan, these zones would be the key to effective control of the right-of-way during the interim period before acquisition. Unlike the o f f i c i a l map of streets, they would not be limited to the bed of the highway, but would cover adjacent areas on both sides of the right-of-way as well. In most cases, the conservation zone would extend a reasonable distance on both sides of the highway perhaps one half mile each way, and would thus enable the highway department to control effectively the area i n which the new highway could be expected to have an influence on land use. 36 The conservation zone would be similar to the subdivision regulation. Permission for development within the conservation zone would require a permit from the highway department. Development i s not necessarily prohibited because the conservation zone i s established. Because the zone extends beyond the projected right-of-way, absolute refusal of a l l development would prove d i f f i c u l t . The highway conservation zone i s similar to subdivision control i n that the party seeking the permit can be requested to make reasonable dedications or reservations of land as a condition of approval. To date, when cases of hardship are proven, 32 the highways department has been obliged to purchase the land of the affected owner. "An alternative approach is"to"couple the purchase requirement with a hardship test, and to compel the highway department to purchase restricted property only i f the landowner suffers hardship because he has been prohibited from building i n the highway conservation zone. Hardship can be validated by relying on the market as a guide. If a substantial discrepancy exists between the price offered for the restricted land and that offered for similar property located elsewhere, the department would have to purchase the property affected by the high-way r e s t r i c t i o n . " ^ 7 Landowners may seek compensation due to building restrictions i n the zone. Although the process of establishing equitable compensation i s not intended to be dealt with i n this paper, i t i s recognized as a form of r e l i e f to affected persons i n the situation being discussed. An example of the approach to be taken by the highway department under this reservation law i s that when property located within the conserva-tion zone i s condemned, no account i s taken of either depreciation .or appreciation i n value which may be directly attributable to the highway project. Property value would therefore be established at the time the conservation zoning was effected. To protect against land speculation, the highway department has the option to buy property that i s offered on the market following establishment of the conservation zone. The success of the highway conservation zone would depend on co-operation between the highway department and l o c a l planning authorities, and based i n turn on a state highway plan. The highway department could either -administer the conservation zone at the state level or delegate the 33 responsibility to l o c a l planning authorities subject to state standards. Implementation of the highway conservation zone technique would make a positive contribution toward the establishment of transportation corridors by means of a regulatory device under the police power. The use of tax concessions to landowners i s another device to be considered i n the regulation of land. This takes the form of reduced taxes, or a suspension of taxes on agricultural land, for example, as long as i t remains i n this use. In urbanizing areas where pressure on land use change i s r i s i n g , increased taxes upon farm land may hasten sale for development, but i t does not follow that tax concesions w i l l delay sale. "A taxation statute favouring farm land might be a more effective to o l i n conserving open space i f the farmer were required to pay a l l the back taxes he saved should he at any time decide to s e l l out." The same principle of tax r e l i e f , by means of tax deferral, tax exemption, pa r t i a l tax rebate, or classification of land use to permit low assessment may be u t i l i z e d to encourage landowners to maintain their property as open space. Where the courts would allow land to be cl a s s i f i e d as open space, and where such open space would provide a public benefit 39 as well as for private use, some form of tax r e l i e f would be applicable. Upon sale of the land for development a l l rebated taxes would f a l l due. Such a move by taxing bodies would prove particularly beneficial i n main-taining land i n an undeveloped form for the benefit of scenic corridors. Tax concessions, however, are merely an incentive to landholders and offer l i t t l e guarantee of preserving open space on a permanent basis. Land Acquisition Techniques Through Eminent Domain The power of "eminent domain," unlike the regulatory function of the police power, i s a governmental power used for the purpose of taking 34 private property for a public use. ,tUnder the power of eminent domain, the sovereign state may take any private property within i t s j u r i s -diction for public use without the consent of the owner, subject to the condition of payment of just compensation i n accordance with the methods 40 prescribed by law." The borderline between the two powers i s whether or not a public agency must compensate a landowner for regulations placed on his land which r e s t r i c t certain uses. Public action to preserve open space has relied primarily on two means: regulation under the police power and acquisition i n fee under eminent domain. Under the former action, only a limited amount of open space can be retained without the necessity for just compensation. Cluster zoning and flood plain zoning both make important contributions to open space, but these and similar regulatory devices alone are insufficient. Strong proposes a range of open space controls which l i e between regulation and fee acquisition. In her estimation the five most promising are: (1) acquisition and resale with use restrictions (2) acquisition and lease with use restrictions (3) compensatory regulations (4) conservation easements ^ (5) installment purchase with concurrent use restrictions. Acquisition and resale consists of fee acquisition by a public agency followed by the imposition of covenants to assure continued open space use and resale of the land subject to the covenants. From the adminis-trative viewpoint, this method may be the simplest means of holding private land for open space use, subject to the restrictions. Following this approach, the public agency such as the highway department or j o i n t l y with park planners, i s involved with only one negotiation or 35 acquisition price, one set of covenants and one resale. The adminis-trative simplicity may be offset i n urban areas by the high i n i t i a l expense for fee acquisition. The problem of valuing the covenants w i l l have to be resolved, particularly i f the previous owner i s given f i r s t refusal. I f the resale i s offered to the public the market i s expected 42 to establish the value. Acquisition and lease with use restrictions differs from acquisi-tion and resale. In the former approach the land i s leased rather than sold after covenants are imposed restricting the land to public open space use. "If a public agency has long range plans for active public use of open space, as for a reservoir (or transportation corridor) or wi l d l i f e sanctuary, i t can hold the fee and secure interim private open 43 space use, plus limited revenues, through lease of the land." Installment purchase with current use restrictions may be used by a public agency which requires land for future need, but lacks the funds for immediate fee purchase. This method allows the acquisition cost to be spread over a number of years. The se l l e r may continue open space use of the land u n t i l f u l l payment i s made, but the public agency would gain t i t l e to a portion of the property with the payment of each installment. The advantages of this technique are that " i f negotiations for installment purchase are included some years before land reaches i t s top development value, the t o t a l purchase price may be significantly lower than i f acquisition i s delayed u h t i l development i s imminent. (Further), installment rather than lump sum purchase of the fee can offer the public greater rate of expenditure and a lower acquisition cost. (Finally) i t would be advantageous to some landowners since i t would give them an opportunity to f i x the year i n which their ownership and use of the land terminate."^ 36 Compensatory regulations are similar i n nature to zoning i n that they require l o c a l governments to pay compensation to owners affected by regulations that preserve the open character of their land and thereby reduce i t s value. This method of land regulation i s intended to offer a middle alternative between the power of governments to regulate without compensation and the exercise of eminent domain. Compensable regulations map areas to be retained as open space, l i s t the land uses permitted i n these areas, and guarantee compensation upon sale of land i n these areas equal to the value of the land immediately prior to regulation. Compensation can be claimed only after the sale of land i n the open market. If the sale price i s less than the guaranteed compensation, the government which imposed the regulations pays the difference. The amount of the owners»s guarantee for each property, reduced by each payment of compensation, remains attached to the property as a guarantee for later purchases. 45 "Land subject to compensatory regulations remains i n private ownership, continuing on the tax r o l l s with no public maintenance 46 costs." Additional advantages are that the land i s kept open and pay-ment of compensation i s deferred u n t i l owners choose to s e l l . If the land value appreciates after imposition of the regulations, above the owner's guarantee, there"is no cost to the government. A safeguard i s present against overstatement of any decline i n value, as this i s deter-mined by the sale price of the property. Conservation easements are another technique u t i l i z e d for the purpose of preserving open space and may be defined as easements which secure continued open space use of private land. The conservation ease-ment i s negative and i t s terms must be clearly stated to provide a basis for determining what should be paid for the rights being conveyed.^ "An easement deed, stating the rights being acquired by a public body, i s paid for when acquired at a price established by negotiations 37 or through eminent domain proceedings. The fee remains i n private hands, subject to assessment for taxes on the basis of the value remaining after acquisition of the easement."'*0 The compensation paid for the conveyance of rights i s the difference between the market value of the tract prior to, and after being made subject to the easement. This method differs from the compensatory regulations, i n that the amount of compensation must be established without reference to an actual sale 51 of the property subject to the easement. Land subject to conservation easements can be bought and sold freely. The advantages of conservation easements are that lands stay i n private ownership and therefore remain on tax r o l l s . Further, the acquisition of less than f u l l rights i n land i s usually cheaper than acquisition of the f u l l t i t l e . A criticism of conservation easements i s that easements acquired for sizeable areas, i n order to preserve the area's character, may strain the acquiring agency's resources, since the cost of the easement must be paid at the time i t i s acquired. Acceptance of this technique of land regulation i s evidenced by the fact that "easements have been acquired purely to protect scenery, as, for example along the New York Thruway, the Saint Lawrence River, and the Blue Ridge Parkway; or, as i n California, i n the Bay Circuit 52 area, to keep land open as farmland, golf courses, and so on." Land Banks The need to plan the location and to acquire land for future transportation corridors was recognized by the Canadian Government. At 53 a federal-provincial meeting i n 1967, the former government offered to consider making monies available to the provinces and municipalities expressly for the purpose of purchasing land for the establishment 38 of new communities, and for future transportation c o r r i d o r s . ^ The opportunity to acquire land specifically for transportation corridors which w i l l be related to the sites of new communities offers the chance to provide a complementary range of transportation modes and the oc-casion to influence future development within the region. The land required for this dual purpose could be secured by eminent domain through condemnation as well as by purchase of tax delinquent land by the senior levels of government. Purchased lands which are tax delinquent and that do not l i e within the transportation corridor may be offered to those displaced by the transportation f a c i l i t y . An American example of a modified land bank i n the form of advance acquisitions for highways, suggests the soundness of such an undertaking. "California has kept the cost of acquisition down by establishing a $30,OX),000 revolving fund for such purposes and has estimated a saving of $15 for every $1 invested because the purchases were made i n advance 5 5 of r i s i n g land costs. Seven states have similar funds." The recognition by the federal level of government for the need to establish a land bank brings the concept of the transportation corridor a step closer to realization. Initiation of the Canadian land bank proposed i s awaiting federal legislation which may be forthcoming i n 1968. 5 6 Summary In order to plan and design future transportation corridors i n a comprehensive manner a multi-discipline design concept team approach i s suggested. The coordination of the several team members should result i n a more aesthetically pleasing and functionally integrated transportation f a c i l i t y with the surrounding landscape. 39 An important research function of the team i s to attempt to identify and then evaluate the intangible as well as the tangible costs and benefits when selecting the alignment of the corridor. Landscape or recreation resources within the corridor are important considerations i n route selection for transportation f a c i l i t i e s . The design team has the opportunity to combine finances for the joint acquisition of com-plementary land uses both to economize and to encourage the multiple-development concept of the transportation corridor. Coordination of highways has already occurred with parks, urban renewal projects, and r a i l lines. In the latter case, development of a i r rights over the right-of-way i s increasing. Other suggestions i n -clude transmission line and pipeline rights-of-way. Where possible, the lo c a l governments may attempt to maintain land i n open space to be acquired at a later date for transportation corridors. A variety of devices exist for regulating land use under the police power. The most reliable devices under the police power i n -clude urban and regional plans which embrace o f f i c i a l street plans, sub-division control, flood plain and cluster zoning. A new suggestion concerning highway conservation zones i s promising i n theory but has not yet been attempted. Much of the land required for transportation cor-ridors must be acquired through eminent domain with the expenditure of public revenue for compensation; The establishment of a land bank financed by a l l levels of govern-ment would provide a basis for implementing the concept of transportation corridors. 40 CHAPTER II Footnotes l"Building roads without disrupting the c i t y , " Business Week. November 18, 1967, pp. 108-110. ^"Painless Urban Highway Routing," Engineering News-Record, November 24, 1966, pp. 11-13. 3philip Lewis, 'The Highway Corridor As a Concept of Design And Planning," Highway Corridor Planning and Land Acquisition  Highway Research Record 166. (1967). p. 7. ^E. Wilson Campbell, "Social and Economic Factors In Highway Location," Journal of the Highway Division. Proceedings of the  A.S.C.E.. Vol. 92, HW 2 (Oct., 1966), p. 36. 5David R. Levin, "Scenic Corridors," Highway Corridor Planning  and Land Acquisition Highway Research Rocord 166. (1967). P . 16. 6philip Lewis, "Environmental Design Concepts For Open Space Planning In Minneapolis And Its Environs," Parks and Recreation i n Minneapolis. Vol. 3, University of I l l i n o i s (1965), p. 27. 7Lewis, Highway Corridor Planning and Land Acquisition Highway Research Record 166. (1967). P. 5. 8Jbid., p. 17. 9Darwin G. Stewart, "Coordinated Freeway-Park Developments," Traffi c Quarterly. Vol. 21, No. 3, (July, 1967), p. 357. l°Ibid.. p. 367. l l j b i d . , pp. 367, 369. ^Darwin G. Stewart, "Freeways, Parks and Parkways," Traffic  Quarterly. Vol. 22, No. 1, (January, 1968), p. 130. 13By 1963, twenty-one states had e x p l i c i t l y , and ten had implicitly authorized the acquisition of land for future highway use. Stewart, Traff i c Quarterly. Vol. 21, No. 3, p. 375. ^Stewart* Traffic Quarterly. Vol. 22, No. 1, p. 132. 15"Urban Renewal Impact Study," Highway Planning - Coordination With Renewal.(Pittsburgh. Pennsylvania!Action-Housing, Inc., 1964), p. 2. 41 William H. Claire, ••Urban Renewal and Transportation," Traffic  Quarterly. Vol. 13, (July, 1959), p. 418. ^ I b i d . . p. 419. 18Benedict G. Barkan, "Latest Methods Of Determining Urban Highway Routes," Journal of the Urban Planning and Development  Division. Proceedings of the A.S.C.E.. Vol. 93. No. UP4 (Dec. 1967), p. 13. 19«Paris Plans Green Lung Renewal," Engineering News-Record. Dec. 22, 1966, p. 21. 20 A variation on this theme i s a project i n California that w i l l put rapid transit tracks and a r a i l passenger station i n the median of the f i r s t 29-hlock long section of Oakland*s Grover Shafter Freeway. "Rail and Highways Get Together," Engineering News-Record. July 7, 1966, p. 71. 2 xRoland B. Greeley, "Transportation An Essential Part Of Any Comprehensive Planning," Traffic Quarterly. Vol. 12, No. 1, (Jan., 1958), p. 5. 2 2 I b i d . . p. 6. 23Daniel R. Mendelker, "Highway Reservations and Land Use Controls Under The Police Power," Highway Research Record No. 8, (1963), p. 56. 24lbid., p. 6. ^Municipal Act. B r i t i s h Columbia: Revised Statutes. 1965. Chapter 255, Section 711, Subdivision of Land. 26Mandelker, p. 55. 2?Jan Krasnowiecki, Cases and Materials on Ownership and  Development of Land (Brooklyn: The Foundation Press, Inc., 1965), p. 531. 2 8Mandelker, p. 56. 29Local Planning Administration (2nd ed., Chicago: The International City Managers* Association, 1948), p. 222. 30«The Law of Open Space i n the National Capital Region," National Capital Open Space Program Technical Report No. 2, (Washington: National Capital Regional Planning Council, Sept., 1965), p. 31. 42 3lAnn L. Strong, Open Space In The Penjerdel Region - Now or  Never (Philadelphia, Pennsylvania: Penjerdel Inc., 1963), p. 39. 3 2 I b i d . 33National Capital Open Space Program, p. 34. 34strong, p. 38. 35Mandelker, p. 57. 36ibi<i. 37lbid.. p. 58. 3 % a t i o n a l Capital Open Space Program, p. 36. 39strong, p. 46. ^Donald H. Webster, Urban Planning and Municipal Public Policy (New York: Harper and Bros., 1958), p. 269. ^Ann L. Strong, "The Preservation of Urban Open Space" Real  Property In the Urban Society. Virginia Law Weekly. Dicta, 1965-66, p. 2. 42ibjd. 43rbid.. p. 3. ^ I b i d . . p. 4. 45jan Krasnowiecki and Ann L. Strong, "Compensable Regulations For Open Space: A Means Of Controlling Urban Growth," Journal of the American Institute of Planners. Vol. 29, No. 2, (May, 1963), p. 95. 46strong, Real Property In The Urban Society. Virginia Law Weekly, Dicta, p. 3. 47strong, Open Space In The Penjerdel Region - Now or Never, p. 4. ^Donald T. Sutte, J r . "Scenic Easements," The Appraisal Journal American Institute of Real Estate Appraisers, Vol. 29, No. 4, (Oct., 1966), p. 531. 49strong, Open Space In The Pen.jerdel Region - Now or Never, p. 43. 5°Strong, Real Property In The Urban Society. Virginia Law Weekly. Dicta, p. 3. 43 5 xStrong, Open Space In The Pen.jerdel Region - Now or Never, p. 43. 52Fred W. Tuemmler, "Land Use and Expressways," Journal of the  City Planning Division Vol. 87, No. CPI, (Sept., 1961), p. 37. 53The federal-provincial meeting held i n Ottawa, December 12-13, 1967, at which the federal government proposed the joint establishment of a Council on Housing and Urban Development. 54Humphrey Carver also indicated the federal government*s intention to proceed with the land purchase program. A lecture on housing at The University of B r i t i s h Columbia, February 6 , 1968. 55Tuemmler, loc. c i t . . p. 37. 56carver, loc. c i t . 44 CHAPTER III LAND ACQUISITION FOR TRANSPORTATION CORRIDORS Establishing transportation corridors i n Canada w i l l involve the i assembly of extensive tracts of land. The appropriate levels of govern-ment, endowed with the legislative power and financial capability, w i l l be responsible for this major program of land assembly within the national context. Implicit i n the above statement i s a recognition of the need for land to be acquired outright through purchase i n fee simple. Alternatives to the purchase of land were considered earlier (Chapter II) and their strengths and weaknesses were then evaluated. A brief history of the American zoning experience regarding the regulation of land, which was also discussed above, revealed the limits and u n r e l i a b i l i t y of this technique of keeping land open for future transportation corridors. Zoning i n Canada i s also unreliable unless reinforced by an o f f i c i a l community plan. The highway conservation zone proposed by Mandelker and considered earlier i s potentially useful but would necessitate new legislation i f applied to the Canadian situation. Mutual agreement of sale between the property owner and the govern-mental body charged with the responsibility of land assembly would be the most desirable method of acquiring land for corridors. Land located within the boundaries of the corridor and offered for sale could be pur-chased as part of a land bank. However, this method may not occur often enough to satisfy the land needs of a corridor program. Where land cannot be acquired by mutual agreement of sale, another avenue exists to serve the purpose. This approach i s by the means of expropriation. "The right 45 to the enjoyment of private property has always been subject to the right of the state to take property required for public use." X In Canada, the right to take property for public use i s termed the power of "expropriation." In the United States i t i s expressed as "eminent domain," and i n Britain i t i s the power of "compulsory purchase." "This latter term i s probably more tru l y expressive of what in fact happens. The owner of the land or some interest therein, i s compelled to • s e l l 1 i t , whether he likes i t or not, and the authority which •buys* i s obliged to 2 pay a *purchase price* or, as i t i s usually called, *compensation*." The right to take land for public use i s not a right of confiscation but a power limited by basic c i v i l rights recognized and recorded. For example, i n the United States, the F i f t h and Fourteenth Amendments to the Constitution subject the taking of private property to clear safe-3 guards of "just compensation" and "due process of law.""^ "In England 4 and Canada there i s no such constitutional guarantee but the courts have achieved almost the same result by construing statutes on the premise that i f the legislature intends to authorize a person's property to be taken without compensation (that i s , to confiscate i t ) i t must expressly so provide. In short, there i s a presumption that compensation i s to be paid."'* In Canada, the issue i s s t i l l unsettled as to the enunciation and definition^ of the c r i t e r i a by which the compensation payable i s determined.^ Canadian Expropriation Powers Governments have been charged with the responsibility for public development and to expedite the development they require the power of expropriation. Two bodies of expropriation law exist i n Canada; the Dominion and Provincial, resulting from the division of legislative power 46 by the B r i t i s h North America Act (B.N.A. Act). The power to expropriate held by the Dominion or Provincial govern-ments or of corporations or individuals authorized by such governments, i s governed by the distribution of legislative powers effected by 7 sections 91 and 92 of the Bri t i s h North America Act. The provincial legislatures can within the f i e l d s enumerated i n section 92 authorize expropriation, and the Dominion government can do likewise within the enumerated heads of section 91. In the case of conflict between legislation under the enumerated subsections of 91 and the enumerated subsections of 92, the Dominion legislation w i l l prevail i f the matter i n question i s of the substance of one of the enumerated subsections; but where the matter i s only incidental or ancillary to such enumerated subsections and i s also within section 92 and the f i e l d i s clear, provincial legislation w i l l be valid i n the absence of legislation by the Dominion. Where however the Dominion has legislated, provincial legislation i f any w i l l be overborne. So, for example, the Province can under section 92 (8) of the British North America Act 'Municipal Institutions i n the Province* va l i d l y authorize municipalities to expropriate for roads, and the Dominion under section 91 (10) 'Navigation and Shipping* may authorize the National Harbours Board to expropriate for the purpose of enlarging an ocean port. 8 Federal Expropriation Powers The power of the federal government to expropriate i s authorized and governed by the enumerated heads of section 91 of the B.N.A. Act. The Act providing the Government of Canada with the widest general authorization of this power i s the Federal Expropriation Act. The latter Act authorizes the Minister to "expropriate" property necessary for the 9 construction of a "public work." More specifically related to trans-portation needs i s the power of the Dominion to expropriate land under section 91 (10) of the B. N. A. Act. It authorizes the National Harbours Board to expropriate for the purpose of enlarging an ocean port; and The Railway A c t 1 0 which authorizes expropriation by "any railway"^ for 47 land required for i t s use. In the former case, compensation i s provided under the Expropriation Act (section 16) with regard to Federal Crown Corporations, and i n the latter case under the Railway Act (section 218). •ft. pipeline company may. . .take land. . .for the construction of i t s l i n e . " 1 2 The formalities to be followed are those set forth i n sections 207 to 246, 248 and 251 of the Railway Act. The National Park Act authorizes "the expropriation. . .of lands . . .for the purpose of a Park." The park land may then be sold or leased 13 as "required for the right away of any railway. . .or pipeline.""^ In the Northwest Territories "The Governor-in-Council may authorize the acquisition by any railway, power company or pipeline company, . . .of a right-of-way for a road bed, for transmission lines, or for pipelines through t e r r i t o r i a l lands. . . ."^ Federal powers of expropriation are found in a number of Acts, and a l l are of benefit for the purposes of acquiring land for corridors. Provincial Expropriation Powers As outlined earlier, the provincial governments can authorize the expropriation of land within the fields enumerated i n section 92 of the B. N. A. Act. It i s with the provincial level of government that the major r e s p o n s i b i l i t y ^ of expropriating land for transportation corridors 16 17 rests (Appendix A). Under present legislation, the provinces are responsible for assembling land for highway purposes i n their unorganized 18 te r r i t o r y . In Crown held lands, the provincial department of highways 19 can place a reserve on a portion of land so designated for future use, and, development upon the land i s prohibited unless permission i s granted by the Minister of Highways. Financial savings result from this method of land acquisition since the land i s transferred from one provincial 48 department to another when the highway i s scheduled to be constructed. Where land i s alienated i n an unorganized territory, provision i s made to compensate the owners for land and improvements which are expropriated 20 for the purpose of highway construction. In addition, the powers of the province with regard to land i n unorganized territory also apply to municipalities. The provincial highway department has and may exercise within the limits of any municipality in or through which an a r t e r i a l highway runs a l l the powers which a municipal corporation authorized to lay out, con-struct, and maintain the highway might exercise for that purpose. /Further7. i n respect of an a r t e r i a l highway, /"the highway department/ has a l l the rights, powers and advantages conferred by by-law, contract or otherwise upon the municipal corporation having control of the highway before i t became cla s s i f i e d as an a r t e r i a l highway under this Act. 21 If the provincial highways department deems i t necessary to acquire land for an a r t e r i a l highway within a municipality, i t can exercise that prerogative. The provincial highway department i s empowered to reserve land for corridors without acquiring i t i n fee simple. Legislation allows the Minister to "lease or accept lands, rights, easements, or privileges from the Government of Canada, or from any person, for and to the use of the Department and may make and enter into any agreements, stipulations, or conditions relating to the holding of ownership of any such lands, 22 rights, easements, and privileges." By virtue of the legislation, the province can by restrictive covenant or easement, prohibit development within a designated transportation corridor. Easements established today may save considerable sums i n compensation being paid later i f develop-ment was allowed within the corridor. Additional provincial Acts empowering the authority to expropriate land, and which are relevant to the corridor concept proposed earlier, may be cited. The Pipe Lines Act allows a "company. . ., for the purposes 49 of i t s undertaking, power to. . .take, and hold land. . .necessary for the construction. . .of i t s l i n e . . ., /and further provides that/ a pipeline may, . . .be carried across a highway and for such purposes, may be constructed. . .along. . .any such highway, railway, irrigation ditch, underground telegraph, telephone, or electric power line, or pipe l i n e . " 2 3 The B r i t i s h Columbia Power Commission i s authorized to "purchase, lease or otherwise acquire any real . . .property for the purposes of. . . supply/ing/ power. m 2^ Presumably "supplying power" includes lands for transmission line rights of way. Likewise, the Rural Telephone Act allows "a company /~to_/ take;, use or acquire any land. . .in-whomsoever vested, /and the company/ may construct. . . i t s telephone system. . . along. . .any public highway, road, street, bridge, or any other place ,,25 • • • • Under the powers embodied i n the Railway Act a "company can acquire, take and hold land, . .for the construction. . .and operation of the undertaking, . . ., of the company, /and can/ place the railway across or upon the lands of the Crown or of any person on the located line of the railway." 2 0 For the purpose of establishing a "park" or "recreation area," the Park Act provides for the expropriation of land. The expropriation 27 method follows the provisions of the Department of Highways Act. Within the gamit of Acts existing at the provincial level, the foregoing are the most relevant to acquisition of land for transportation corridors. 50 Municipal Expropriation Powers In addition to the Acts relating specifically to provincial depart-28 ments, municipalities also possess the power of expropriation. The provinces have delegated to the municipalities the legislative power to expropriate land within their municipal boundaries. However, "the right to expropriate, being an unusual and exorbitant right, must be found i n 29 the express words of a statute for the right i s never implied." 30 Municipal Acts or ordinances, created by provincial statute, provide the "right" or legislative power for local councils to expropriate by 31 the passing of a bylaw. Municipalities may, then, by the passing of an appropriate bylaw, expropriate land for highway purposes, subject to 32 the payment of compensation. Municipal Planning Powers Municipal planning powers provide l o c a l government with the oppor-tunity to establish an area of land as a corridor prior to i t s acquisition. Application of the planning powers can reduce the amounts paid i n compensation for expropriation, and can postpone the need to acquire the land u n t i l a later date. One avenue available to municipalities to realize this dual opportunity i s through the preparation and adoption of 33 an O f f i c i a l Community Plan. Legislation permits a council to "have community plans prepared. . .and. . .expressed i n maps, plans, reports or otherwise." ^ In this Act a "community plan means an expression of policy for (a) any use or uses of land, including surfaces of water; or (b) the pattern of the subdivision of land; and either or both may apply 35 to any or a l l areas of the municipality." After having a community plan prepared, the council must then "by bylaw adopted by an affirmative vote of at least two-thirds of a l l members thereof, designate any community 51 plan prepared under section 696 as the o f f i c i a l community plan or as a 36 part of the o f f i c i a l community plan." Before the bylaw adopted by council (section 697, subsection 1) comes into force and effect i t has 37 to receive 'the approval of the Lieutenant-Governor i n Council." Although "an o f f i c i a l community plan does not commit the council or any other administrative body to undertake any of the projects therein suggested or outlined," i t s adoption "does not authorize the council to proceed with the undertaking of any project except i n accordance with the procedure and restrictions l a i d down therefor by this or some other 38 Act."-^ Therefore, i f the location of a proposed transportation corridor i s indicated by an o f f i c i a l community plan this can be taken as an expres-sion of policy by council for the use of that land so designated. Sub-division of land which might otherwise occur within the boundaries of the proposed corridor i s thereby prohibited, i n keeping with the policy expressed i n the o f f i c i a l community plan. For example, where a proposed highway right of way, as indicated on the o f f i c i a l community plan, passes through an agricultural area, the owner or occupier of that land cannot subdivide the area indicated as highway reserve, but may however construct a structure for his own purposes. He must respect the o f f i c i a l community plan. If the o f f i c i a l community plan i s amended, no compensa-39 tion to the owner or occupier i s forthcoming. Following the adoption of an o f f i c i a l community plan, council can adopt a zoning bylaw i n order to "regulate the use of land" within the municipality, having "due regard" to the '•welfare of the public," and "the securing of adequate. . .access. 1^ Legislation states that "pro-perty shall be deemed not to be taken or to be injuriously affected by reason of the adoption of a zoning bylaw under this Division. 52 /Section 706, (1)7 subsection (1) does not apply when land i s zoned exclusively for public use."^ 1 Where a transportation corridor i s de-signated i n an undeveloped portion of the municipality, present land use(s) would continue without compensation being paid. When an o f f i c i a l community plan and zoning bylaw are i n effect, compensation could be sought when the land i s expropriated by the transportation authority. Another avenue for establishing a linear area of land as a trans-portation corridor, prior to i t s acquisition, exists i n the present 42 legislation. It states that "the Council may by bylaw enter into an agreement with any owner of land for reserving any part of such land for highway purposes."^ Municipal governments are thereby empowered to reserve land (by agreement) of any corridor width for future highway use. This method of land reservation i s superior to the highway conservation zone proposed by Mandelker and discussed earlier (p. 31, Chapter II) which does not t o t a l l y prohibit development merely because the conserva-tion zone i s established. With Mandelker's proposition, where cases of hardship are proven because development was prohibited, the highways department i s obliged to purchase the land of the affected owner. In contrast, the agreement for reserving land for highway purposes can i n -clude "the condition that such land so reserved shall remain unencumbered by buildings or structures, and the agreement shall have the force and effect of a restrictive covenant running with the land. . ."^ This form of agreement i s negative i n nature and indicates the rights being conveyed and the amount which i s to"be paid by the municipality for the rights. The use of this method of land reservation may be hampered by the financial amounts requested by landowners. As a legal instrument available to local councils, i t provides an alternative to acquisition 53 of the land i n fee simple for future use as transportation corridors. Coordinating Powers For Corridors The constitutional powers of government to acquire land, particularly by expropriation, are governed by the distribution of legislative powers effected by sections 91 and 92 of the B. N. A. Act. A review of the legislation relevant to a l l levels of government indicates the provinces as playing the key role i n the acquisition of land for corridor purposes. In addition, municipal governments are authorized to expropriate land but the prerogative of major acquisitions for highway purposes, rests clearly with the provinces. A number of Acts indicate the limited extent under which the Federal government can expropriate land necessary to the per-formance of i t s functions. Concomitant to the powers of expropriation are the uses to which such land i s put as well as the finances for i t s development. Inter-departmental coordination at each governmental level, and integration between the different governmental levels would assist greatly i n the successful establishment of corridors. As an example of the interdepart-mental coordination, various Provincial Acts may be drawn upon, jointly, for the purposes of land acquisition and i t s financing. The Department of Highways Act, the Highway Act, the Trans-Canada  Highways Act, the Railway Act, the Pipe-lines Act, and the British  Columbia Harbours Board Act are significant for the acquisition of land for a variety of transportation purposes. The Acts provide for the compensation of land and the financing of development, but the financial support offered by additional acts could also be coordinated. The  Drainage. Dyking and Development A c t . ^ for example, allows costs to be shared between the Dyking Authority and the Highway Department where a 54 highway built i s used as a dyke. Where i t i s possible to coordinate Provincial or Regional parks^ with the corridor (Chapter II, p. 21) financial contributions under the Park Act and Regional Parks Act may be available. Paralleling some of the Provincial Acts are similar Acts at the Federal level. For Federal functions, The Railway Act, the Expropriation Act. Public Works Act, and the National Harbours Board Act are the most relevant for acquiring land. Through the coordination of these Acts, additional land acquisition powers and financial resources can be u t i l i z e d . Both the Pipe-lines Act and the Canadian National Railways Act provide finances for the acquisition of right of way and for development of their respective services. The National Parks Act authorizes the acquisition of land "for the purposes of a Park," and further authorizes "the sale, lease or disposition of public lands within a Park" for the right of way 47 of any railway or pipeline. Monies to be expended for the latter purpose could be directed toward land acquisition. Finances are also available from the Trans-Canada Highway Act for the construction of "such highways within the National Parks as form part of a trans-Canada Highway."^ If the concept of the transportation corridor i s to be integrated with urban renewal, another possible source of finance i s made available. Canada's National Housing Act permits the expenditure of money for the "acquiring and clearing of lands. . .in the urban renewal area."^ With the i n -clusion of this Act, along with the others, a variety of land uses and financial resources i s made available. An example of the intergovernmental coordination suggested earlier presently exists i n legislation. The Canada-British Columbia Joint  Development Act authorizes the Province to enter into and carry out 55 j o i n t l y , any agreement with the Government of Canada, and any improvement d i s t r i c t "respecting. . .highway construction and improvement, . . ., and to implement such agreement."^0 It further provides for the acquisition 51 of "rights of way for any works." Coordination i n this case can extend to a l l three levels of government. Similarly, the Department of Resources 52 and Development Actr allows the Minister to cooperate with the provinces and municipalities i n carrying out any development programs. Cooperation and participation occurs when section (46) of the National Housing Act'*3 i s exercised. This section indicates that Central Mortgage and Housing "may. . .undertake j o i n t l y with the government of the province or any agency /xmanicipalitv/ thereof projects for the acquisition of land for housing purposes. . . ." The Corporation may also "make a loan to a province, or municipality. . .for the purpose of assisting that province, municipality or agency to acquire and service land for public housing purposes.""^ The examples presented of interdepartmental and intergovernmental coordination and integration which have been presented indicate the pos s i b i l i t i e s which presently exist i n legislation as one approach to the acquisition of land, and i t s financing, for future use as transportation corridors. An alternative to this method w i l l be proposed, and i s to be undertaken along with a review of the present method of road administration i n Canada. 56 CHAPTER III Footnotes ^ l y n e , J. V. Report of the B r i t i s h Columbia Royal Commission  On Expropriation. 1961-63, p. 29. 2Todd, Eric C. E. Winds Of Change And The Law Of Expropriation. Reprinted from the Canadian Bar Review, (Dec, 1961), p. 542. ^Clyne, op_. c i t . 4 l f such a guarantee exists, i t i s subject to further interpreta-tion by the courts of the Canadian B i l l of Rights. S. C , I960, c. 44, s. 1(a). 5Todd, op. c i t . . 6ibjd.. p. 550. Thus one of reasons for the B r i t i s h Columbia Royal Commission on Expropriation. 7Dawson, R. M. The Government of Canada (4th ed. rev.; Toronto: University of Toronto Press, 1963), pp. 562-566. Schallies, G. S. The Law Of Expropriation (2nd ed., Montreal: Wilson and Lafleur, Ltd., 1963), p. 16. ^Expropriation Act. R. S. C. 1952, c. 106. 1 QThe Railway Act. R. S. C. 1952, c. 234. ^-Ibid., section (169) requires the railway company t o ' f i r s t obtain the approval of the Board of Transport Commissioners for any lands required. 1 2Pipe Lines Act. R. S. C. 1952, c. 211. 13National Parks Act. R. S. C. 1952, c. 189. ^ ^ T e r r i t o r i a l Lands Act. R. S. C. 1952, c. 263. •^Provinces can authorize municipalities to expropriate land by means of Municipal Acts and Ordinances, ^Authority originates i n The B r i t i s h North America Act, 1867. 92 (5) The Management and Sale of the Public Lands belonging to the Province. . . . (8) Municipal Institutions i n the Province. (13) Property and C i v i l Rights i n the Province. Refer also to Appendix A for specific Acts used by provincial governments. 57 1'Particularly section 92 (5), see note 16. _ l^The significance of this factor i s evident "In B r i t i s h Columbia /where/only one-half of one per cent of the t o t a l land area i s organized into municipalities. The remainder i s unorganized and comes under the direct jurisdiction of the government of the Province of B r i t i s h Columbia. /However/, a vast amount of the unorganized territory i s v i r t u a l l y unin-habited and a very high percentage of the unorganized area population i s concentrated on the outskirts of the existing municipalities." Pendakur, V. S. Regional and Local Planning for Roads and Streets i n  Western Canada. Reprinted from proceedings, Canadian Good Roads Association, 1965, p. 9. 19Land Act. R. S. B. C. I960, c. 206, s. 88. 20p o r the purposes of this paper and convenience, examples of provincial legislation are quoted predominantly from B r i t i s h Columbia. Department of Highways Act. R. S. B. C. I960, c. 103, sections 16 to 37A, and the Highway Act. R. S. B. C. I960, c. 72, s. 16. 2lHighway Act. R. S. B. C. I960, c. 172, s. 35. 22Department of Highways Act. R. S. B. C. I960, c. 103, s. 8. 23pjpe Lines Act. R. S. B. C. I960, c. 284, s. 8 and 31. 24Power Act. R. S. B. C. I960, c. 293, s. 4. 25Rural Telephone Act. R. S. B. C. I960, c. 343, s. 12 and 14. 26Railway Act. R. S. B. C. I960, c. 329, s. 32. 2 7Parks Act. S. B. C. 1965, c 31, s. 11. 2^Acts cited here are those indicated by provincial departments of highway i n response to a request from a research team regarding l e g i s -lation used to acquire land for future highway rights of way. N. D. Lea and Associates, Toronto, are undertaking (1968) a research project to study the p o s s i b i l i t y of establishing sound engineering and economic c r i t e r i a for the design of transportation corridors. Central Mortgage and Housing Corporation awarded a grant not to exceed $15,000 toward the research project. The Public Works Act R. S. A. 1965, c. 78. Department of Highways Act. R. S. B. C. I960, c. 103. Highway Act. R. S. B. C. I960, c. 172. The Highways Department Act. R. S. M. 1965, c. 32. Expropriation Act. R. S. N. B. 1952, c. 77. Family Homes Expropriation Act. S. N. and L. 1964; No. 65. The Expropriation Act. S. N. and L. 1964, No. 31. 58 Public Highways Act. R. S. N. S. 1954, c. 235. The Highway Improvement Act. R. S. 0. I960, c. 171. The Public Works and Highways Act. R. S. P. E. I. 1951, c. 135. Roads Act. R. S. Q. 1964, c . 133. The Highways Act. R. S. S. 1965, c 27. 2 9 C h a l l i e s , p. 12. 30The Municipal District Act. R. S. A. 1965, c. 215. Municipal Act. R. S. B. C. I960, c. 255, s. 465 and 791. The Municipal Act. R. S. M. 1954, c. 173. Towns Act. R. S. N. B. 1952, c. 234. The Local Government Act. R. S. N. and L. 1952, c. 66. Municipal Act. R. S. N. S. 1954, c . 185. The Municipal Act. R. S. 0. I960, c. 249. The Town Act. R. S. P. E. I. 1951, c. 162. Cities and Towns Act. R. S. Q. 1964, c. 193. The Municipal Expropriation Act. R. S. S. 1965, c. 166. Other relevant Acts not l i s t e d include charters and acts relating to specific types of municipalities, e.g., specific c i t i e s ; villages, local improvement d i s t r i c t s , and regional d i s t r i c t s . 3 1In B r i t i s h Columbia - the Municipal Act. R. S. B. C. I960, c. 255, s. 513, states that "the Council may by bylaw. . .expropriate . . .any real property /±n order t o / lay out, /~or_7 construct. . .high-ways ." 3 2The Municipal Act R. S. B. C. I960, c. 255, s. 478 provides that "the Council shall make to owners f of 7 real property. . .exprop-riated, or used by the municipality i n the exercise of any of i t s powers, due compensation. . . . " 33Municipal Act R. S. B. C. I960, c. 255, s. 697. (See footnote twenty). This part of the Act does not apply to local d i s t r i c t s i n Bri t i s h Columbia. 34ibid.. s. 696. 35ibid . , s. 695. 36ibjd. . s. 697, (1). 37ibjd. , s. 697, (2). 3&Ibid.. s. 699. Also s. 798," i n reference to an o f f i c i a l regional plan. 39Lecture i n Local and Regional Planning Administration, regarding Interpretation of the Municipal Act, from W. Lane, March 16, 1968, at The University of Br i t i s h Columbia. frOMunicipal Act R. S. B. C. I960, c. 255, s. 702. Note: The Council shall not, however, adopt a zoning by-law u n t i l i t has held a public hearing thereon. 41lbid.. s. 706. 42ibid.. s. 513, (4). 43ibid.. s. 513. ^ I b i d . , s.513. ^Drainage, Dyking and Development Act R. S. B. C. I960, c. 121 s. 51. 46p a rk Act S. B. C. 1965, c. 31, s. 11. Regional Parks Act S. B. C. 1965, c. 45, s. 11. ^National Parks Act R. S. C. 1952, c. 189-48Trans-Canada Highway Act R. S. C. 1952, c. 189. 49AR Act to Amend the National Housing Act S. C. 1964-65, ( c. 15, s. 23. 50canada - B r i t i s h Columbia Joint Development Act R. S. B. C. I960, c. 40. loc. c i t . 52pepartment of Resources and Development Act R. S. C. 1952, c 53uational Housing Act R. S. C. 1952, c. 188. 54-See note number 6 (s. 35). 60 CHAPTER IV A PROGRAM OF COOPERATION FOR CORRIDORS A review of the present road building and financial responsibilities relating to the three government levels i s considered. The federal-provincial financial responsibilities related to the construction of the Trans-Canada Highway are discussed as an example of governmental cooperation i n road building. Leading from this analysis of responsi-b i l i t i e s w i l l be proposals which could commit the three governmental levels to cooperate i n the financing and acquisition of land for corridor purposes. The proposals w i l l include the considerations of the organization, administration and financing of the land acquisition programs, and the role each governmental le v e l would play. Road Responsibilities i n Canada With regard to road building and i t s financing, this responsibility was assigned by the Bri t i s h North America Act to the provincial governments. "This authority was i n i t i a l l y delegated by the provincial governments to the municipalities (rural and urban), but as the motor vehicle came into widespread use the provinces formed highway or public works departments to plan, design, construct, maintain, and operate the main rural highways."X The types of municipalities (Table I) and their responsibilities for road building varies greatly from region to region. "The powers and responsi-b i l i t i e s of municipalities are those delegated to them by statutes passed by their respective provincial legislatures. Some of these statutes apply to a l l municipalities within a province, some to a certain type or 61 group, and many to one municipality only." TABLE I GOVERNMENT UNITS IN CANADA WITH ROAD RESPONSIBILITIES Unit Number Miles of roads or streets Expenditures during 1964 i n c l . subsidies paid out ($ million) Provinces 10 145,828 795 Munici-p a l i t i e s Cities, towns, villages 1898 35,690 303 Rural 1187 302,706 Federal 1 4,600 107 Total 3096 488,824 1205 Source: Canadian Good Roads Association. Road Administration i n Canada: 1965. Technical Bulletin No. 29, 1965, p. 2. Some 3085 urban and rural municipalities (1965) contain approximately 302,706 miles of streets and roads (Table I ) . Local property taxes and provincial government subsidies provide the municipalities with funds to meet their financial responsibilities for road construction, maintenance and administration. A l l provinces give some form of financial assistance to their municipalities. This may be i n the form of unconditional grants, which may be spent as the municipalities see f i t , or grants-in-aid for specific purposes such as local road con-struction. As the forms of aid d i f f e r among the provinces i t i s d i f f i c u l t to make specific comparisons of the extent to which the different provinces assist their municipalities i n building and maintaining local roads and streets. 3 62 Despite the financial and technical assistance given by the provincial highway departments, the municipal road budget for 1967-68 i s estimated at $3.68 million or a l i t t l e less than one-quarter of the t o t a l expenditure on streets and roads i n Canada (Table 2) TABLE 2 NET ROAD AND STREET EXPENDITURE BY ALL GOVERNMENTS (thousands of dollars) F i s c a l Year 1967-68 1966-67 1965-66 1964-65 (Estimate) (Estimate) (Actual) (Actual) Federal 147,175 153,152 151,450 136,019 Provincial 1,119,526 1,080,537 1,101,466 946,675 Municipal* 368,104 362,771 322,566 291,342 Total 1,634,805 1,596,460 1,575,482 1,374,036 * For calendar years. Municipal includes both urban and rural municipalities. Source: Canadian Good Roads Association, Highway Finance 1967, Technical Bulletin No. 32, 1968, p. 2. The provinces are responsible for the construction, maintenance and administration of approximately 145,828 miles of streets and roads (1965, Table I ) . Provincial government expenditures for highways and for municipal road assistance are budgeted annually from consolidated revenue although there has been some general relationship between provincial road expenditures and receipts from the provincially collected 'road user taxes' (i. e . , gasoline and diesel tax, motor vehicle license fees and motor carrier taxes). Under federally supported provincial road construction programs ( i . e . , Trans-Canada Highway), the provincial government i s reimbursed for that part of the highway department's expenditures which i s share-able under the federal-provincial agreements. 5 63 Estimated expenditures of provincial governments on highways, roads and bridges represent almost 70 per cent of expenditures for a l l levels of government,. (Table 2). The miles of streets and- roads the federal government i s responsible for t o t a l 4,600 (1965). "The Federal Government i s responsible for roads i n the Yukon, Northwest Territories and national parks. In addition, i t has contri-buted to the construction of certain important provincial highways under the Trans-Canada Highway Act. Roads to Resources Program, and other special projects of national importance."^ The Federal Government participated i n the following projects: the Atlantic Development Board provides financial assistance to Newfound-land, New Brunswick, Nova Scotia and Prince Edward Island for the con-struction of a l l weather trunk roads; provision of f i f t y - f i v e per cent of the Railway Grade Crossing Fund; the construction of parkways i n the National Capital Region; cost sharing agreement with the provinces i n the Roads to Resources Program; roads on Indian reservations; Trunk Highway Program within the national parks; and access roads to light houses. Federal funds for road construction are budgeted annually from consolidated revenue of the Government of Canada. The estimated expen-diture by the senior level of government for a variety of projects i n 1967-68 i s less than nine per cent (Table 2). While the high levels of expenditures by the provinces and munici-pal i t i e s w i l l continue for streets and roads, barring a revision i n the cost-sharing agreements, the small share of expenditures by the federal government may become even smaller. Two major cost-sharing agreements in which the federal government i s participating are nearing completion. Of 64 the $900 million allocated for the construction of the Trans-Canada Highway and Roads to Resources Program only fifty-seven million dollars remain to be expended. It i s anticipated that both projects w i l l be com-pleted by 1970. The Trans-Canada Highway: An Example of Cooperation A review of the development of the Trans-Canada Highway may serve as an example of federal-provincial cooperation and w i l l be considered as an instructive precedent for the establishment of transportation corridors. The approach to the construction and financing of this national roadway i s proposed as a working method of federal-provincial partnership i n estab-lishing transportation corridors and as an alternative to the interdepart-mental and intergovernmental coordination and integration of numerous Acts discussed earlier (Chapter III). "In 1949, the Honorable R. H. Winters introduced the Trans-Canada Highway Act into Parliament. This was a bold and imaginative step to 8 produce a t r u l y national highway." The original agreements covering the construction of the Highway, as provided for i n the Trans-Canada Highway Act 1949 (2nd Session) C. 40, S. 1. were executed with the Provinces of Ontario, Manitoba, British Columbia, Prince Edward Island, Saskatchewan and Alberta on A p r i l 24, 1950, with the Province of New Brunswick on May 27, 1950, the Province of Newfoundland on June 23, 1950, and with the Province of Nova Scotia on May 15, 1952. The Province of Quebec became party to a Trans-Canada Highway Agreement on October 27, I960. 9 These original agreements provided, as did the Act, for a hard-surfaced all-weather road from coast to coast. Ottawa would pay to the provinces, f i f t y per cent of the cost of new construction and up to f i f t y per cent of the cost of prior construction since 1928, that i s , the cost of one lane of a two-lane highway. The federal contribution under the Act was limited 65 to $150 million. "The provinces would be responsible for choosing the shortest, practical route, and for maintenance."^ As indicated, "res-ponsibility for the design of the Highway rests i n i t i a l l y with the Provincial governments. Cooperation between the Provincial government and the Development Engineering Branch, Department of Public Works ensures the construction of the Highway i n accordance with the requirements of the Trans-Canada Highway Agreements. The engineers of the Branch ensure that the conditions of the Agreement are adhered to and inspections are made, i n cooperation with provincial engineers, during a l l phases of construc-t i o n . " ^ The Department of Public Works has been directly responsible for construction of approximately 140 miles of highway within the boundaries of five National Parks. The Act also provides that "the Minister of Resources and Development may out of monies appropriated by Parliament provide for the construction of such highways within the National Parks 12 as form part of a trans-Canada highway." During the i n i t i a l period of the national project, the Provinces experienced problems i n connection with the large construction program. They found i t d i f f i c u l t to complete the work necessary ?to ensure the completion of the Highway within the seven-year period covered by the Act of 1949. At a Federal-Provincial Highway Conference i n 1955, the subject of the uncompleted mileage was discussed, which led to the amendment of the Act. Enactment of the amendment increased the amount of Ottawa's contribution to the cost of the highway by providing for an additional forty per cent contribution to the cost of construction on one-tenth of the highway mileage i n each province. The construction period was extended to December, i960, and the aggregate limit of funds available for expen-diture by the federal government was raised to $250 million. In 1963, 66 legislative authority provided for an extension of the construction period to December, 1967, and allowed for federal contribution up to $625 million. Significantly, i t also provided for payment by the senior level of govern-ment of ninety per cent of construction costs incurred by the Atlantic provinces from April 1, 1963. Legislation i n 1966 authorized a further extension of the construction period to December 31, 1970, and a raising 13 of the maximum federal contribution to $825 million. Federal contri-butions to date (1967) stand at approximately $670 million. The 1967-68 f i s c a l year amount i s estimated at $60 m i l l i o n . ^ Although the Trans-Canada Highway was "completed" and o f f i c i a l l y opened July 30, 1962, at Rogers Pass, B. C , portions of the route s t i l l remain to be raised to specified standards.1'' F. C. Hudson, who presented a paper at the 1966 Convention of the Canadian Good Roads Association was of the opinion that the Trans-Canada Highway program "has been an outstanding example of federal-provincial cooperation. Even though i t i s s t i l l unfinished, i t has proven decisively that a national highways system can only be achieved by the truly co-operative effort of a l l segments of our economy."10 In review i t may be seen that the federal government has in coopera-tion with the provinces contributed to the development of Canada's roads and highways, through the Trans-Canada Highway Act and several additional projects. As indicated earlier, two major cost-sharing agreements between the federal and provincial governments are nearing completion, after which only regional cost-sharing programs of financial significance w i l l exist. The Economic Council of Canada i n i t s Fourth Annual Review recog-nized the increasing financial responsibilities f a l l i n g upon the munici-p a l i t i e s and provinces i n order to provide transportation services for the 67 rapidly urbanizing regions of Canada, and suggested that "the expenditures and financing required c a l l for increased senior government assistance 17 . . . . The Prime Minister, at a Federal-Provincial Conference on Housing and Urban Development indicated an interest on behalf of the senior government to discuss the problems outlined by the Economic Council 18 and to explore and consider approaches to their solution. In view of the history of federal-provincial cooperation i n con-structing the Trans-Canada Highway, and the indication of a growing awareness and willingness on behalf of the senior level of government to discuss and possibly enter into agreements and participate i n solving problems hitherto predominantly the responsibility of provincial govern-ments, a consideration of two proposals involving federal financial assistance i n land acquisition programs w i l l be undertaken. Proposed Organization The following proposal could provide a basis for an agreement between the federal l e v e l and the several provincial governments, as well as the participation of the municipalities. Federal legislation ought to be passed creating an Act for the purpose of allowing the Government of Canada to enter into a cost-sharing agreement with the provinces (Figure I ) . The proposed Act i s to be similar i n principle to the Trans-Canada High- way Act regarding i t s financial f l e x i b i l i t y relating to different provinces or regions; and would be administered on behalf of the federal government by Central Mortgage and Housing Corporation. In conjunction with the federal-provincial agreement, each province i s to establish a Provincial Office of Urban and Regional Development, which i s intended to encompass existing departments of municipal a f f a i r s , departments of highways and recently emerging housing authorities. 68 Implement at ion In carrying out i t s constitutional responsibility, the newly estab-lished Provincial Office i s to be commissioned to deal with a l l facets of a l l land use planning, and therefore other provincial, federal and local governmental departments, having anything to do with land use, are required to coordinate their undertakings with the Provincial Office. A variety of disciplines i s a requisite to staffing such an office and to enable broad consideration to be given to the diversity of land use demands. In order to qualify for financial assistance from the senior levels of government for the purpose of acquiring land for transportation cor-ridors, a l l municipalities are obligated to participate i n urban and regional planning programs. Municipal plans are to be coordinated by Regional Development Offices staffed by persons representing disciplines as diverse as those on the design concept team employed i n Baltimore (Chapter I I ) . Following the coordination of municipal plans into a regional plan, the latter i s forwarded to the Provincial Office for f i n a l approval and adjustment i f necessary. Approval of the plan qualifies the relevant municipalities to receive the federal-provincial financial assistance for their land acquisition programs related to transportation corridors. Finances Through agreement with the provinces, the federal government i s to make financial contributions i n respect of the cost to the provinces of the advance acquisition of land for transportation corridors. The proposed federal financial assistance i s also applicable to the acquisition and clearing of land, relative to the corridor, when urban renewal i s being 69: Figure 1 19 Federal Act Federal-Provine i a l Agreement Administered by C.M.H.C. at present P r o v i n c i a l Urban & Regional Development Office Regional Development Offi c e Regional Development Office Regional Development Office Municipality Municipality Municipality Municipality 70 undertaken. The amount of federal funds to be provided could d i f f e r from region to region or province to province as i t does i n the Trans-Canada  Highway Act. Provincial governments would contribute financial assistance from consolidated revenue, while the municipalities could rely less on property taxes for their contribution toward the financing of land acquisition, because of the federal contribution. Through the proposal described above a program of land acquisition for transportation corridors could be implemented within a framework of urban and regional planning. The federal government i s provided with the opportunity to contribute- toward- the improvement of the urban environment and to the economy of the nation as a whole. Similar financial arrange-ments to the one proposed have been undertaken i n the past, through federal-provincial agreements, and are evidently successful. The consti-tutional integrity and responsibility of the provinces are respected, with finances eminating from the appropriate le v e l . Municipalities are encouraged to engage i n planning, and have their plans coordinated regionally before being accepted by the Provincial Office. By making the financial assistance available, contingent on planning programs locally, the provinces can readily discern the expressed intentions of munici-pal i t i e s to acquire land for corridor purposes. By following such a proposal as the one outlined above, the acquisition of land for trans-portation corridors can be coordinated with urban and regional planning programs with an aim to influencing future regional development. The second of two alternatives to be considered as an approach to the solution of financing and acquiring land for transportation corridors i s the creation of a crown corporation by Act of Parliament. The merits of a crown corporation are that " i t has a legal existence of i t s own, and can be given statutory duties and powers which f a l l outside 71 the normal organization of the service of the Crown. It offers scope for many kinds of government experiment, under which central control, local 20 control and independence can be blended i n any desired proportions." As a single purpose authority, the corporation's strength l i e s i n the public power behind i t . Further, i t combines the strength of a private corporation with the power of the government. The attributes of a crown corporation as identified by Musolf are "their capabilities for directness of action, f l e x i b i l i t y , and freedom from some of the red tape that en-cumbers ordinary governmental a c t i v i t i e s . In i t s broadest form this freedom might enable a corporation to retain i t s earnings and employ them as i t wishes rather than being forced to depend on annual legislative apportions and explicit spending directions; to acquire and s e l l property, make contracts, and perform other actions of a legal person; and to hire and f i r e employees without regard to ordinary c i v i l service restrictions."' Proposed Organization The proposed crown corporation would be a single purpose body whose primary purpose i s to participate i n the financing and acquisition of land. Its major attributes, i n addition to the merits l i s t e d above, would be a combination of federal financing and delegated provincial powers of expropriation. The corporation would also handle the provinces* financial contributions to the land acquisition program. Regional corporation offices would be located across Canada. Implementation The corporation would be solely responsible for acquiring land i n the unorganized areas of the provinces, and i n conjunction with the municipalities i n a l l organized areas. Equipped with the delegated power of expropriation and backed by federal and provincial financing, the 72 corporation could assist i n coordinating local planning efforts and i n financing the advance acquisitioniof land for corridors. The munici-palities would be required to engage i n planning programs both to qualify for assistance and to indicate where development was being considered relative to the corridor location. A l l Land acquired by the corporation could be cl a s s i f i e d as part of a national land bank for use as future transportation corridors. Finances The financial arrangements under this proposal need not d i f f e r greatly from those outlined i n the f i r s t proposal. As i n the i n i t i a l proposal the federal government's contribution would represent a substan-t i a l amount, thereby reducing the financial burden of the municipalities and provinces. Summary In order to i n i t i a t e successfully either proposal mentioned earlier for financing the acquisition of land for future transportation corridors, the cooperation of a l l three levels of government i s necessary. The constitutional responsibility for most of the road building, and there-fore land acquisition, rests with the provinces. It i s the provinces who are financing nearly seventy per cent of the road construction i n Canada, while the municipalities pay slig h t l y less than twenty-five per cent. Expenditures on roads by the federal government account for the remainder. It i s the latter government which has recognized the national trend of urbanization and i s anticipating the need for future transportation f a c i l i t i e s i n order to move an increasing number of people and volume of goods. However, what i s required i s some administrative means whereby the federal government can financially participate to a greater degree i n 73 the road construction programme i n Canada. Two po s s i b i l i t i e s are proposed which would allow the senior level of government to contribute financial assistance to the provinces and municipalities, who i n turn would be responsible for the planning and acquisition of land for future corridors. Within these corridors of land, whose purchase was financed by the t r i - l e v e l s of government, would be constructed a variety of transportation f a c i l i t i e s to serve the inter-regional movement of people and goods. Either pos s i b i l i t y provides the federal government with an opportunity to participate financially i n the land acquisition programme for transportation corridors, while at the same time assisting i n directing urban and regional development on a regional and national level. 74 CHAPTER IV Footnotes ^Canadian Good Roads Association, Road Administration i n  Canada: 1965. Technical Bulletin No. 29 (Ottawa: Canadian Good Roads Association, Nov., 1965) foreword, p. (v). 2 I b i d . . loc. c i t . 3Ibid., p. 5. Canadian Good Roads Association, Highway Finance 1967. Technical Bulletin No. 32 (Ottawa: Canadian Good Roads Association, Jan., 1968), Table 1, p. 2. 5Canadian Good Roads Association, Technical Bulletin No. 29, p. 5. 6Ibjd.. p. 1. 7Canadian Good Roads Association, Technical Bulletin No. 32, pp. 2-4. C. Hudson, "A National Highways Policy i s Necessary for the Optimum Development of Canada's Overall Highways System" Proceedings of the 1966 Convention Canadian Good Roads Association Halifax, Nova Scotia (Sept., 1966), p. 37. ^Report of Proceedings under the Trans-Canada Highway Act Department of Public Works, Ottawa (Mar., 1967), p. 10. 1 0Edwin C. Guillet The Story of Canadian Roads (Toronto: University of Toronto Press, 1967), p. 227. llReport of Proceedings under the Trans-Canada Highway Act Department of Public Works, Ottawa (Mar., 1962), p. 3. ^rans-Canada Highway Act R. S. C. 1952, c. 269, s. 8. 13Report of Proceedings under the Trans-Canada Highway Act (March, 1967), pp. 9, 10. •^Canadian Good Roads Association Technical Bulletin No. 32, p. 2. 1 5 G u i l l e t t , p. 228. ^Hudson, loc. c i t . 75 1 7"The Canadian Economy From the 1960«s to the 1970»s" Fourth Annual Review. Economic Council of Canada, (Sept., 1967), p. 201. ^^Opening Statement by the Prime Minister to the Federal-Provincial Conference on Housing and Urban Development. Press release . from the office of the Prime Minister, Ottawa, Dec.j,ll, 1967. ^Assistance for the administrative system proposed i n Figure 1 i s credited to Planning For Regional Development In B r i t i s h Columbia  With Special Application to Northern Vancouver Island Student Project 5, Community and Regional Planning Studies. (The University of B r i t i s h Columbia, August, 1965), pp. 57-65. 2 0H. W. Wade Administrative Law 2nd ed. Oxford: Claredon Press, 1967, p. 34. 2lLloyd D. Musolf, Public Ownership and Accountability The Canadian  Experience. Cambridge, Massachusetts: Harvard University Press, 1959, p. v i i . 76 CHAPTER V SUMMARY AND CONCLUSIONS The fundamental purpose of this thesis i s to investigate ways and means of acquiring land for transportation corridors. The hypothesis proposed i n this study maintains that i n order to compatibly integrate transportation f a c i l i t i e s with land use i n the urban and regional context, the transportation corridor concept should be developed. Development of the concept involves the consideration of many interrelated factors and requires a comprehensive approach to the question of land acquisition. The magnitude of the transportation corridor concept commands the coopera-tion of an inter-disciplinary team of planners and the participation of a l l levels of government. During the investigation, Canadian and American methods and techniques of land use regulation and acquisition were reviewed. The prospects of establishing a land bank were also considered. More specifically, Canadian federal, provincial and municipal expropriation powers were investigated in addition to provincial and municipal planning powers. It was found that by coordinating constitutional powers, the three levels of government could conceivably acquire land for transportation corridors. Following a discussion on road building and financial responsibilities related to a l l levels of government, the Trans-Canada Highway was proposed as an example of a working model of federal-provincial partnership upon which to base an approach to the establishment of transportation corridors, and as an alternative to the coordination of constitutional powers cited above. In 77 light of the growing awareness and willingness expressed by the senior government to enter into agreements and to participate financially i n providing better planning of urban and regional development across Canada, new legislation was proposed, fashioned after the financial arrangements of the Trans-Canada Highway Act. While this Act allows for the financial participation of a l l levels of government, only the provinces, i n concert with the municipalities, are responsible for the planning and acquisition of land for transportation corridors. A second proposal was the creation of a crown corporation. This corporation would provide financial assistance to the provinces for joint provincial-municipal undertakings of land acquisition programmes. It was concluded from the study that the concept of transportation corridors as developed i n the thesis i s basically vali d and therefore can perform the numerous functions credited to i t . Much of thepopulation increase i n America's metropolitan areas w i l l locate i n the growth rings outside of central c i t i e s . Therefore, the development of corridors can have a profound effect on future urban form by influencing the direction of this growth and development i n the urban and regional context. The Northeast Corridor from Boston to Washington and Mississauga, located along the northern and western end of Lake Ontario, were cited as examples of population and transportation corridors i n differing degrees of development. For the compatible integration of transportation f a c i l i t i e s with the surrounding land uses i t was concluded that a comprehensive planning approach be undertaken which required the creation of a design concept team. The 78 team would attempt to resolve conflicts arising among the social, p o l i t i c a l and economic aspects affected by the corridor 1s development. It was resolved that an inter-disciplinary team could most adequately assess and evaluate the diversity of c r i t e r i a which would be encountered in the process of locating corridors. This included such dissimilar considerations as combining parks, urban renewal, and individual rights-of-way, with transportation f a c i l i t i e s within the corridor. Following a review of zoning practices, i t was resolved that this method of land use regulation was generally unreliable as a regulatory method of keeping land undeveloped and therefore i n open space for future corridor use. Subdivision control was found to be a more reliable and effective method of land use regulation. As a positive means of ensuring the a v a i l a b i l i t y of land for corridors, land acquisition techniques through expropriation were considered, i n addition to the p o s s i b i l i t y of establishing a land bank. It was concluded that most of the land would be expropriated and then consigned to a land bank for future use as trans-portation corridors. A review of federal, provincial and municipal expropriation powers, was made to assess the degree of constitutional responsibility and there-fore participation that each governmental level would have i n acquiring land. Although i t was found that a method of acquiring land could be developed through the coordination of constitutional powers at the three governmental levels, a workable alternative to this somewhat cumbersome approach was proposed. After assessing the road building and financial responsibilities of the three governments, new legislation was proposed, based on the successful experience of the Trans-Canada Highway Act, and was judged to be a superior alternative to the coordination of constitutional powers described earlier. It was concluded that the financial and 79 constitutional arrangements u t i l i z e d i n the Trans-Canada Highway Act agree-ments, because they have been histo r i c a l l y successful, provide a sound foundation upon which to base the new legislation which provides for federal assistance i n acquiring land for transportation corridors. Com-plementing the legislation would be the creation of a provincial administrative framework to coordinate the finances and the acquisition of land required for the successful development of the transportation corridor concept. Finally, an alternative to the legislation and the coordination of constitutional powers was proposed. This alternate approach to the problem was the creation of a crown corporation, which i n conjunction with the provinces and municipalities, would implement programmes of land acquisition for future corridors. It was concluded that a crown corporation would provide a viable alternative to the proposals of legislation and the coordination of constitutional powers as an approach to the successful development of the transportation corridor concept. The significance of the investigation undertaken i n this thesis i s in i t s application to the planning process. Urban and regional planning deal with the t o t a l physical environment, and of that environment, trans-portation i s an essential component. Comprehensive planning of the environment therefore includes transportation as one of the major elements of the tot a l planning process. The transportation corridor concept as described herein, i s one aspect of this major element. Within the planning process,-the transportation corridor i s but one step i n a series of evolutionary and rationally organized step3 which lead to proposals for guided urban and regional growth and development. The planning process i s a complex of many studies and surveys that lead to a detailed analysis, evaluation of alternatives, and f i n a l 80 recommendations. In addition, to be comprehensive the planning process must include representation both from a l l agencies of government, and from the private sector. Development of the corridor concept encompasses both ideas: f i r s t , through the creation of an inter-disciplinary design concept team with representatives from the public and private sector, and second, by permitting a l l levels of government to participate financially. The second contribution which this study offers i s the positive planning impact on the physical environment that the corridor concept could make, i f implemented. A contemporary point of relationship between transportation f a c i l i t y planning and comprehensive planning to be emphasized, i s that lines of transportation almost inevitably determine the patterns of land use and acti v i t y . I f we are, i n fact, going to be able to relate transportation planning to other components of comprehensive planning for the environment, then the transportation corridor concept merits serious consideration for implementation. Historically, North American c i t i e s have grown from small colonies or settlements, and much of their growth has been haphazard, rapid, and unplanned. Their locations were influenced by limited contemporary forms of transportation, not neces-sa r i l y by choice, but by chance. Today, many of these c i t i e s are growing together, and are emerging as definable population corridors. This unplanned or improperly planned metropolitan development should not be guiding the construction of transportation f a c i l i t i e s . Rather, proper planning, which includes the adoption of the transportation corridor con-cept, should be programmed for use as a major tool i n guiding regional development. The type of urban regions which we have i n the next generation depends entirely on our planning, now. Implementation of the trans-portation corridor concept, as one aspect of the planning process, offers 81 a tool to influence the form of future urban and regional development, and the opportunity to enhance the physical environment. Criticisms Although the study has basically established the va l i d i t y of the hypothesis, this investigation of ways and means of acquiring land for transportation corridors has been limited somewhat i n relation to i t s scope and extent of research. In some cases, the limitations were not anticipated prior to the investigation of the thesis subject, but became eivdent as a result of research into the various factors related to the concept of developing transportation corridors. An i n i t i a l criticism of the study relates to the use of American examples of land use regulation and acquisition as developed i n Chapter II, while the remainder of the thesis dealt almost exclusively with a Canadian application of the concept. However, the seeming lack of Canadian examples coupled with the av a i l a b i l i t y of American literature prompted such a move. More diligent research i n a wider range of source material and locations would be required i n order to redress this shortcoming. Another limitation of the investigation concerns the responsibility of financing the different modes of transportation proposed to be located within the corridor. Investigation of the parties responsible for financing the construction of future transportation f a c i l i t i e s could also consider what modes are to be given priority i n keeping with contemporary technology. A further criticism may be directed toward the absence of any discussion concerning future urban form i n relation to or as a result of transportation corridors. Future research could be directed toward i n -vestigating the extent to which transportation corridors w i l l follow, or 82 conversely, be used to direct, future urban form. The investigation may be c r i t i c i z e d for having failed to adequately examine the subject of compensation to landowners whose land might be expropriated for use as a transportation corridor. Expropriation and compensation procedures i n Canada have recently been subjected to a number of provincial royal commission inquiries, and other than Challie's book, The Law of Expropriation, no comprehensive treatise on the Canadian situation i s available. Also of importance to the study but not f u l l y discussed was the problem of relocating displaced residents as a result of urban renewal within the corridor.- This problem could be included as a part of further research into the subject of compensation. In general, a review of the study suggests that the subject of acquiring land for transportation corridors may be too broad a topic to analyze comprehensively i n a single thesis study. For example, the pro-posal for inter-governmental financial and administrative participation deserves more extensive examination than has been undertaken i n this study. Similarly, the functions and duties of a crown corporation merit further examination. Nevertheless, an attempt has been made to present an overall examination of the major relevant factors to be cnsidered i n developing the concept of transportation corridors. Although the study has recognizable limitations, the investigation i n this thesis has substantiated the basic v a l i d i t y of the hypothesis: that i n order to acquire land for the compatible integration of transportation f a c i l i t i e s with the surrounding land uses i n the urban and regional context, the transportation corridor concept should be developed. Further research i s suggested as a necessary adjunct to this thesis i n order to gain a broader understanding of land use implications i n relation to transportation corridors. 83 BIBLIOGRAPHY Books Challies, G. S. The Law of Expropriation. 2nd ed. Montreal: Wilson and Lafleur, Ltd., 1963. Dawson, R. M. The Government of Canada. 4th ed. rev. Toronto: University of Toronto Press, 1963. Guillet, Edwin C. The Story of Canadian Roads. Toronto: University of Toronto Press, 1967. Hauser, Ph i l i p M. Proceedings of the Thirteenth Annual Conference  for Senior Executives i n Mortgage Banking. New York University Business Series, No. 13, 1958. Krasnowiecki, Jan. Cases and Materials On Ownership and Development  of Land. Brooklyn: The Foundation Press, Inc., 1965• Local Planning Administration. 2nd ed. Chicago: The International City Managers* Association, 1948. Musolf, L. D. Public Ownership and Accountability The Canadian Experience. Cambridge, Massachusetts: Harvard University Press, 1959. Pearson, Norman. "Planning Mississauga", Regional and Resource Planning  In Canada. R. R. Krueger, et a l . ed. Toronto: Holt, Rinehart and Winston of Canada, Ltd., 1963. Ratcliffe, Richard U. Real Estate Analysis. Toronto: McGraw-Hill Book Company, Inc., 1961. Wade, H. W. Administrative Law. 2nd ed. Oxford: Claredon Press, 1967. Webster, Donald H. Urban Planning and Municipal Public Policy. New York: Harper and Bros., 1958. Articles and Periodicals Barkan, B. G. "Latest Methods Of Determining Urban Highway Routes," Journal of the Urban Planning and Development Division. Proceedings  of the A.S.C.E., Vol. 93. No. UP4 (Dec. 1967). 5-18. "Building Roads Without Disrupting the City," Business Week Nov. 18, 1967), 108-110. 84 Campbell, E. Wilson. "Social and Economic Factors In Highway Location," Journal of the Highway Division, Proceedings of the A.S.C.E.. Vol. 92, H.W. 2 (Oct., 1966), 35-^8. Canadian Good Roads Association. Highway Finance 1967 (Tech. Pub. 32). Ottawa: Canadian Good Roads Association, Jan., 1968. Canadian Good Roads Association. Road Administration In Canada: 1965 (Tech. Pub. No. 29). Ottawa: Canadian Good Roads Association, Nov., 1965. Carroll, J . Douglas Jr . "New Ways to See Land Use and Transportation," C i v i l Engineering Vol. 34, (August, 1964), 62-63. Claire, William H. "Urban Renewal and Transportation," Traf f i c Quarterly (July 1959), 414-422. Greeley, Roland B. "Transportation An Essential Part Of Any Comprehensive Planning," Traf f i c Quarterly (Jan. 1958), 5-16. Hauser, Ph i l i p M. Proceedings of the Thirteenth Annual Conference for Senior Executives i n Mortgage Banking. New York University Business Series, No. 13, 1958. Hudson, F. C. "A National Highways Policy i s Necessary for the Optimum Development of Canada's Overall Highways System," 1966 Convention  Proceedings, Canadian Good Roads Association, (1961), pp. 37-39. Krasnowiecki, Jan and Strong, Ann L. "Compensable Regulations for Open Space: A Means of Controlling Urban Growth," Journal of the American  Institute of Planners. Vol. 29, No. 2 (May 1963), 87-101. "The Law of Open Space i n the National Capital Region," National Capital  Open Space Program, Technical Report No. 2. Washington: National Capital Regional Planning Council, 1965. Levin, David R. "Scenic Corridors," Highway Research Record, No. 166 (April 1967), 14-21, and Foreword. Lewis, P. "Environmental Design Concepts For Open Space Planning In Minneapolis and Its Environs," Parks and Recreation i n Minneapolis Vol. 3. University of I l l i n o i s (1965). . "The Highway Corridor as a Concept of Design and Planning," Highway Research Record No. 166 (April, 1967), 1-8. Mandelker, Daniel R. "Highway Reservations and Land Use Controls Under The Police Power." Highway Research Record No. 8. (1953), 53-59. Martin, Clarence D. J r . "The Northeast Corridor-Widening The Planning Range," Traffic Quarterly (April, 1965), 155-163. "The Northeast-Corridor," Metropolitan Vol. 63, No. 1, (Jan.-Feb., 1967), 12-18. 85 "Painless Urban Highway Routing," Engineering News Record (Nov. 24, 1966), 11-13. Parnell, J. Stanley. "Planning Transportation F a c i l i t i e s To Guide Urban Development," Traff i c Quarterly. (April, 1966), 277-287. Pendakur, V. S. "Regional and Local Planning For Roads and Streets In Western Canada," Reprinted from 1965 Convention Proceedings. Canadian Good Roads Association, 1965. "Rail and Highways Get Together," Engineering News-Record (July 7, 1966), 71. "Standing Room Only," Time Canada Edition (Jan. 5, 1968), 11. Stewart, Darwin G. "Coordinated Freeway-Park Developments," Traff i c  Quarterly (July, 1967), 355-378. . "Freeways, Parks and Parkways," Traffic Quarterly. (Jan., 1968), 129-136. Strong, Ann L. Open Space In The Penjerdel Region - Now or Never. Philadelphia, Pennsylvania: Penjerdel Inc., 1963. . "The Preservation of Urban Open Space," Real Property In The Urban Society. Virginia Law Weekly, Dicta, Vol. 17 (1965-66), 1-6. Sutte, Donald T., Jr. "Scenic Easements," The Appraisal Journal American Institute of Real Estate Appraisers. Vol. 29, No. 4 (Oct., 1966), 531-548. Todd, Eric C. E. Winds of Change And The Law Of Expropriation. Reprinted from The Canadian Bar Review. (Dec, 1961). "Transportation For Super Regions," Metropolitan Vol. 63, No. 1, (Jan.-Feb., 1967), 20-22. Tuemmler, Fred W. "Land Use and Expressways," Journal of the City  Planning Division Vol. 87, No. C.P.I (Sept., 1961), 29-39. "Urban Renewal Impact Study," Highway Planning - Coordination With Renewal. Pittsburgh, Pennsylvania: Action-Housing, Inc., 1964. Public Documents - Statutes of Canada An Act to Amend the National Housing Act. S. C. 1964-65, c. 15. Br i t i s h North America Act, 1867. Consolidated with Amendments as of January 1, 1957. Canadian B i l l of Rights, S. C. I960, c. 44. 86 Department of Resources and Development Act. R. S. C. 1952, c. 76. Expropriation Act. R. S. C. 1952, c. 106. National Housing Act. R. S. C. 1952, c. 188. National Parks Act. R. S. C. 1952, c. 189. Opening Statement by the Prime Minister to the Federal-Provincial Conference on Housing and Urban Development. Press release from the Office of the Prime Minister, Ottawa, December 11, 1967. Pipelines Act. R.S. C. 1952, c. 211. The Railway Act. R. S. C. 1952, c. 234. T e r r i t o r i a l Lands Act. R. S. C. 1952, c. 263. Trans-Canada Highway Act. R. S. C. 1952, c. 139. Public Documents - Provincial Statutes Canada - B r i t i s h Columbia Joint Development Act. R. S. B. C. I960, c. 40. Cities and Towns Act. R. S. Q. 1964, c. 193. Department of Highways Act. R. S. B. C. I960, c. 103. Drainage, Dyking and Development Act. R. S. B. C. I960, c. 121. Expropriation Act. R. S. N. B. 1952, c. 77. The Expropriation Act. S. N. and L. 1964; No. 31. Family Homes Expropriation Act. S. N. and L. 1964; No. 65. Highway Act. R. S. B. C. I960, c. 72. The Highway Improvement Act. R. S. 0. I960, c. 171. The Highways Act.R. S. S. 1965, c. 27. The Highways Department Act. R. S. M. 1965, c. 32. Land Act. R. S. B. C. I960, c. 206. The Local Government Act. R. S. N. and L. 1952, c. 66. Municipal Act. R. S. B. C. 1965, c. 255. The Municipal Act. R. S. M. 1954, c. 173. 87 Municipal Act. R. S. N. S. 1954, c. 185. The Municipal Act. R. S. 0. I960, c. 249. The Municipal Dis t r i c t Act R. S. A. 1965, c. 215. The Municipal Expropriation Act. 1965, c. 166. Parks Act. S.B. C. 1965, c. 31. Pipe Lines Act. R. S.B. C. I960, c. 284. Power Act. R. S. B. C. I960, c. 293. Public Highways Act. R. S. N. S. 1954, c. 235. The Public Works Act. R. S. A. 1965, c. 78. ThePublic Works and Highways Act. R. S. P. E. I. 1951, c. 135. Railway Act. R. S. B.C. I960, c. 329. Rural Telephone Act. R. S.B. C. I960, c. 343. The Town Act. R. S. P. E. I. 1951, c. 162. Towns Act.R. S. N. B. 1952, c. 234. Reports Clyne, J. V. Report of the B r i t i s h Columbia Royal Commission On  Expropriation. 1961-63. Economic Council of Canada, The Canadian Economy From the 1960Ts to  the 1970*3. Fourth Annual Review. September, 1967. Report of Proceedings Under the Trans-Canada Highway Act. Department of Public Works, Ottawa, March, 1962. Report of Proceedings under the Trans-Canada Highway Act. Department of Public Works, Ottawa. March, 1967. Unpublished Material Planning For Regional Development In Bri t i s h Columbia with Special  Application to Northern Vancouver Island. Community and Regional Planning Studies. (Student Project 5) The University of British Columbia, 1965. APPENDIX A Current Provincial Practice In Land Reservation Or Acquisition For Transportation Corridors 1968 Province 1. Expropriate land for X Newfoundland Family Homes Expropriation Act S.N. and L. 1964, i future right of way X Prince Ed. Is. Public Works and Highways Act R.S.P.E.I. 1951, c. X Nova Scotia Public Highways Act.R.S.N.S. 1954, c. 235. X New Brunswick Expropriation Act R.S.N.B. 1952, c. 77. X Quebec Roads Act R.S.Q. 1964, c. 133. X Ontario The Highway Improvement Act R.S.O. I960, c. 171. X Manitoba The Highways Department Act R.S.M. 1965, c. 32. X Saskatchewan The Highways Act R.S.S. 1965, c. 27. X Alberta The Public Works Act R.S.A. 1965, c. 78. X B r i t i s h Columbia Department of Highways Act R.S.B.C. I960, c. 103. 2. Reserve land for X Newfoundland right of way X Ontario X Manitoba 3. Acquire land for immediate use A l l Provinces within 3 years) 4. Acquire land for X Saskatchewan Purchase of land. long-range use (from X Ontario Registration of an Assumption Plan (for future 3 to 20 years) right of way. X Newfoundland Municipal plan and Zoning. 135. 

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