Legal Foundation for Highways

HIGHWAY SYSTEMS, ORGANIZATIONS, AND ASSOCIATIONS

Legal Foundation for Highways:

            In the United States, government has since early times assumed the responsibility for providing and regulating roads and streets for public use. This concept and the principles of law that support it, developed in Great Britain and, even earlier, with the Romans. Fundamental authority for and control over roads rest at the state rather than the federal level. Thus, the constitution of each state legislature in carrying out the provisions of that constitution, provide the foundations for highway policy. Within the limits of its constitutional powers, the legislature may delegate its authority for roads to a state highway commission or director, and to country, township, district, and city authorities. Basically however, control over all highway matters in the state constitution and the legislature. It follows that existing plans for highway administration, finance, and other affairs may be modified by suitable state legislative action.

            The Role of the federal government in most highway matters is almost completely different from that of the states. Congress, however, does exercise authority parallel to that of the state legislatures over a relatively small mileage on federal lands. On the other hand, it does not have jurisdiction over state and local roads in the several states. Its sole but very considerable power comes through control of the substantial money granted to the individual states under the provisions of the federal-aid highways acts. For example, the use of federal-aid funds is restricted to designated and constructed to approved standards. Again, allotted federal aid may be withheld from a state that has given insufficient maintenance to a road constructed earlier with federal-aid funds. Thus, through curbs on the use of money, the federal government has consistently given direction to the highway policies of the individual states.

            In contrast to the United States, where primary responsibility for highways rests with the individual states governments, the central government of most other countries retains direct control of at least the major highways.