Public Rights Of Way Research Articles

Compensation Pathways for Utility Accommodation on Public Rights of Way

There are various degrees of authority given to accommodate utilities on public rights of way (ROW). In the USA, most state laws permit public-serving utilities to use road ROW so long as they are not obstructing or hindering travel, endangering public safety, or obstructing other utilities from using the ROW legally. State laws and regulations specify different fee structures. In some states, the Department of Transportation (DOT) is authorized to assess fees or enter into lease agreements for utility accommodations on ROW. State DOTs may also receive compensation in some cases through in-kind resource sharing, barter arrangements, or other means. Different strategies may result in different fee schedules, which may or may not generate revenue for the state DOT. State DOTs are currently implementing various practices and compensation structures for utilities installed on public ROWs. This research aims to develop a categorization mechanism framework to determine how state DOTs compensate and evaluate utilities installed on ROWs. The framework is presented to assist DOTs in valuing and compensating for utilities and provides state DOTs with the means and approaches needed to execute a fee or leasing schedule for utility installations in public ROW. Several methods were used to accomplish this objective, including literature reviews, synthesis of legislation and policies, and interviews with subject matter experts. As a result, this investigation found significant variation between states in how they approach compensation and value utility accommodations. Based on this paper’s findings, valuation and compensation standardization are urgently needed.

A novel resident outreach program improves street tree planting outcomes in Los Angeles

Urban tree planting is a key climate change resilience strategy for many municipalities, but remains challenged by establishment mortality in semi-arid regions. Street trees offer shade benefits to adjacent structures and pavement, and enable public works departments to implement heat island reduction interventions to exposed communities. But in Los Angeles, resident approval and written agreement to water for 3–5 years is required to plant street trees in residential public rights of way. Historically, 10% of residents contacted agreed to adopt street trees, and 50% of trees planted survived. Community engagement strategies, shown to improve tree acceptance rates and survival elsewhere, had not been tested here. This mixed-methods evaluation of a street tree planting and public education project in 2018 evaluated a novel youth outreach strategy to engage residents. Regular watering was provided post-transplant for varying periods. Residents were surveyed and project partners were interviewed; tree health was assessed visually. Resident feedback on the engagement strategy was strongly positive. Residents surveyed demonstrated measured learning outcomes, and satisfaction with education was associated with improved tree survival. Project partners identified numerous co-benefits, primarily among youth educators, and revealed an increased capacity for future urban greening work. Univariate logistic regression identified tree species, weeks of watering, and drought exposure as predictors of tree health (p < .05), but in a multivariate model, only certain tree species were significant (p < .05). This evaluation identifies multiple strategies to inform future tree planting projects, increase street tree acceptance and establishment survival, and support community co-benefits.

Public rights of way and countryside access in Norfolk 1880–1960

Public footpaths and countryside access became a highly politicised issue in Britain in the first half of the twentieth century - this was a period in which public awareness of the importance of the public rights of way network grew rapidly, even as its existence was coming under threat. Detailed consideration of archival sources from local authorities shows that landowners and local councils were often at odds over the status and maintenance of roads and paths, and many roads were downgraded in status to public rights of way in the interwar period. The implementation of the 1932 Rights of Way Act is shown to have been more significant than previously thought, underpinning later work in creating the ‘definitive map’ in the post-war period. Finally, the article considers the considerable impact of the Second World War on the public rights of way network which resulted in the permanent loss of both roads and paths. The development, and public awareness, of the public rights of way network in this period is crucial to understanding post-war approaches to countryside access, and for the challenge of preserving footpaths in the future.

Procedural Environmental Injustice in ‘Europe’s Greenest City’: A Case Study into the Felling of Sheffield’s Street Trees

With around two million trees within its boundaries, the city of Sheffield, England, is known as the ‘greenest city in Europe’. Of these, 36,000 are ‘street trees’, defined as those planted on pavements and other public rights of way. As of 2012, however, a private contractor was awarded a £2.2 billion contract by Sheffield City Council to upgrade the city’s roads over a 25-year period. This required the felling of over 6000 street trees by the end of August 2017. By 2015, this had sparked such widespread public opposition that the felling programme missed its 2017 deadline. For protesters, the central point of contention was and continues to be the seemingly indiscriminate felling of healthy trees. This article examines the specific forms of harm precipitating local public involvement in such opposition. In doing so, it explains the substantive injustices associated with the felling of street trees before focusing on the underpinning forms of procedural environmental injustice that have allowed for their ongoing production. This contributes to wider green criminological literature by demonstrating how public participation in decision-making is crucial for the attainment of environmental justice.

User Data as Public Resource: Implications for Social Media Regulation

Revelations about the misuse and insecurity of user data gathered by social media platforms have renewed discussions about how best to characterize property rights in user data. At the same time, revelations about the use of social media platforms to disseminate disinformation and hate speech have prompted debates over the need for government regulation to assure that these platforms serve the public interest. These debates often hinge on whether any of the established rationales for media regulation apply to social media. This article argues that the public resource rationale that has been utilized in traditional media regulation in the United States applies to social media. The public resource rationale contends that, when a media outlet utilizes a public resource—such as the broadcast spectrum, or public rights of way—the outlet must abide by certain public interest obligations that may infringe upon its First Amendment rights. This article argues that aggregate user data can be conceptualized as a public resource that triggers the application of a public interest regulatory framework to social media sites and other digital platforms that derive their revenue from the gathering, sharing, and monetization of massive aggregations of user data.

Governing Dockless Bike Share: Early Lessons for Nice Ride Minnesota

Dockless bike share systems present an opportunity to expand access to bike share in cities by lowering costs and geographic barriers, but they also create additional challenges in the areas of maintenance, parking, and right-of-way management. Most dockless providers are private, venture-capital funded entities, representing a significant departure from current public and non-profit approaches. In several cities, municipal authorities have encountered challenges in securing cooperation from these operators in areas such as data transparency. This raises a key question: To what extent can municipal authorities use contracts and governance to exchange use of the public rights of way for operating requirements that advance equity, accessibility, innovation, and other goals? Using case studies from other U.S. cities and drawing insights from the wider “smart mobility” literature, this research presents recommendations for regulating dockless bike share in cities and ties these approaches to the implementation of Nice Ride Minnesota’s dockless pilot. It also examines prominent challenges in coordination and implementation and highlights novel approaches with an eye towards the future of bike share in the Twin Cities region (Minneapolis and St. Paul, MN). It concludes that providers of shared mobility services should expect to be regulated in exchange for use of public rights of way, while city authorities should provide transparent and proactive regulation, maintain an environment of iteration, define their own metrics for success, place planning goals before innovation, and strive for regional collaboration.

User Data as Public Resource: Implications for Social Media Regulation

Revelations about the misuse and insecurity of user data gathered by social media platforms have renewed discussions about how best to characterize property rights in user data. At the same time, revelations about the use of social media platforms to disseminate disinformation and hate speech have prompted debates over the need for government regulation to assure that these platforms serve the public interest. These debates often hinge on whether any of the established rationales for media regulation apply to social media. This paper argues that the public resource rationale that has been utilized in traditional media regulation in the U.S. applies to social media. The public resource rationale contends that, when a media outlet utilizes a public resource – such as the broadcast spectrum, or public rights of way – the outlet must abide by certain public interest obligations that may infringe upon its First Amendment rights. This paper argues that aggregate user data can be conceptualized as a public resource that triggers the application of a public interest regulatory framework to social media sites and other digital platforms that derive their revenue from the gathering, sharing, and monetization of massive aggregations of user data.

Natural Resource Access Rights and Wrongs: Nontimber Forest Products Gathering in Urban Environments

ABSTRACTThis article uses research about non-timber forest products (NTFP) gathering in Seattle, Washington, USA to examine how people gain access to natural resources in urban environments. Our analysis focuses on gathering in three spaces: parks, yards, and public rights of way. We present a framework for conceptualizing access, and highlight cognitive mechanisms of access associated with foragers’ internal moral judgments about harvesting. Key findings are: (1) internal moral calculations about whether it is right or wrong to harvest a particular NTFP in a particular place are an important but previously unacknowledged mechanism governing resource access; and (2) these calculations may help prevent over-harvesting of NTFPs, which are common pool resources, in urban environments where social and environmental conditions lend themselves to a de facto situation of open access. Our findings suggest that voluntary codes of conduct may be the best way to manage NTFP access in cities.

Public or Private? An Analysis of the Legal Status of Rights of Way in Norfolk

ABSTRACTThe development of the English landscape in the post-medieval period is often viewed as a process of privatisation particularly involving enclosure and the removal of common rights. It also involved – the focus of this paper – the closure or diversion of roads and footpaths through various legal devices. The morphology of rights of way structures how people navigate and experience the landscape, and a close examination of the changing status of rights of way can provide important insight into the character and extent of the privatisation process. Through a detailed analysis of the three main sources used in legal disputes concerning the status of roads and footpaths – enclosure awards, tithe apportionments and the 1910 Finance Act documents – the changing status of rights of way can be analysed within their wider context. This Norfolk case study demonstrates that sustained communal activity could reverse this process of privatisation. In the present day, the Countryside and Rights of Way Act 2000 requires all public rights of way to be recognised and their statuses confirmed by 1 January 2026; our understanding of the status of rights of way has never had such important legal, political and historical ramifications. This study illustrates how a landscape history approach can throw important light on an issue of more than academic significance.Abbreviations: TNA: The National Archives; NRO: Norfolk Record Office

Seeing Portland’s Urban Forest for Its History

Portland, Oregon’s urban forest is rooted in the city’s social and environmental history. Portland visitors today are likely to encounter the city’s popular nickname of “Stumptown.” The name harkens back to the mid-nineteenth century, when settlers cleared the land of trees, leaving streets of mud and stumps. (See figure 1 .) Yet, the image of Stumptown neglects to acknowledge the trees that were not cut down as well as the subsequent 150 years of reforestation in the city. Advocacy for the protection of trees and the process of reforestation are a rich part of the city’s history. As early as 1855, at the height of Portland’s Stumptown days, the city established its first tree code to promote and care for trees planted in public rights of way. 1 With a long history as a port of trade, Portland received waves of immigrants from different parts of the world. In addition to their own distinct cultural traditions, these travelers brought diverse tree species to Portland. Portland remembers Stumptown, but the hidden history of Portland’s reforestation remains largely out of the public eye. 2

A decision support tool for Public Rights of Way officers based on the Analytic Hierarchy Process

Local Government Authorities (LGA) in England and Wales have statutory responsibility for the maintenance of Public Rights of Way (PROW), such as pathways and byways open to non-motorised traffic. The departments responsible have to compete for budgets and justify their expenditure in terms of councils’ priorities, such as well-being and environment. A need was identified for a simple decision support tool to provide a consistent and transparent framework for assessing the range of possible social and economic benefits from expenditure on PROW. The tool uses the Analytic Hierarchy Process to elicit weights forming the links from path attributes to users and usage to benefits, with a final stage to combine the benefits according to LGA priorities. It was successfully tested through case studies, where improving signage was generally found to be the most cost effective option, giving moderate benefits at low cost, whereas improving the physical conditions of the surface gave greater benefits at relatively high cost.

Exploring the implications of recreational disturbance on an endangered butterfly using a novel modelling approach

Site and wildlife managers globally are under increasing pressure to implement management strategies that address the negative implications of outdoor recreational activities on wildlife. For many rare and isolated species any anthropogenic activities that cause disturbance could potentially be detrimental to existing populations. Understanding how non-consumptive recreation can influence a species may therefore be critical to its preservation. We developed a novel approach to specifically address this need. Using a combination of field surveys and simulation modelling exercises, we (1) explored the responses of endangered Karner blue butterflies (Lycaeides melissa samuelis) to recreation, (2) assessed whether such responses influenced oviposition rate and/or host plant choice and (3) tested alternative management strategies that could alleviate the negative impacts of recreation. Our field surveys confirmed that Karner blues were sensitive to recreational disturbance. Butterflies flushed at similar speeds and distances from recreationists (2.2 m at 0.17 m/s), as they would from natural threats, such as predators (2.2 m at 0.19 m/s). Incorporating female response parameters into a simulation model revealed that regular disturbance could reduce egg laying potential and significantly restrict host plant choice, which in turn, could impact the butterfly’s population dynamics. However, we established that it was possible to effectively offset the implications of recreational disturbance using our simulation modelling approach. For example, extending Karner blue breeding habitat from trails and other public rights of way has the potential to alleviate such disturbance. Our study demonstrates that the potential impact of recreation on species of conservation concern should not be overlooked.

Public Rights of Way and Level Playing Fields

Comments on the European Court of Justice decision in R. (on the application of Horvath) v Secretary of State for the Environment, Food and Rural Affairs (C-428/07) on the requirements for maintaining land in good agricultural and environmental condition.

The value of public rights of way: A choice experiment in Bedfordshire, England

Public rights of way (PROW) in England provide a range of social and economic benefits by allowing people to follow prescribed routes across land belonging to others. In urban areas they provide networks of mobility and interaction, helping to reduce reliance on motorised transport. In the rural context they define access to the countryside, critically linked to recreation and tourism, as well as providing mobility networks for local residents. In England, as in many other countries, local government authorities (LGAs) have statutory responsibility for maintaining PROW, committing considerable taxpayer funds for this purpose. LGAs are under increasing pressure, however, to demonstrate that funds committed to PROW give good value for money in terms of the outcomes obtained. In this context, this study set out to determine preferences and willingness to pay for different standards of provision of PROW. The choice experiment technique was used in a face-to-face survey of 327 citizens in the Bedfordshire LGA area, England. Analysis confirmed the importance of PROW attributes such as physical surface conditions, signage and connectivity, with the importance of these varying amongst different users. Implicit prices were derived that showed willingness to pay by households through local taxation for marginal improvements in each attribute. The majority of respondents, however, showed a strong preference for the maintenance of current standards of provision and fiscal charges. The approach has potential general application, enabling estimates of PROW for other regions, helping to justify and prioritise expenditure and operational activities on this important public good.

A comparison of citizen and “expert” preferences using an attribute-based approach to choice

This paper explores whether expert judgements can be taken as a proxy for citizen preferences for determining investment strategies for public goods. As an illustration, we focus on the provision of Public Rights Of Way (PROW) by Local Government Authorities in England. These provide rights of passage over property to those other than the owners, and little information is available on the welfare effects of changes in the provision and use of PROW. Given limited funds, reliance on expert judgement could be a cost effective alternative for decision-making compared with stated preference surveys of citizens. Two methods are compared. The Analytic Hierarchy Process (AHP) is used to elicit expert judgement to proxy citizen preferences for different attributes of PROW. The Choice Experiment (CE) technique is then used to derive preferences directly through personal interviews with citizens. Overall it was found that judicious use of AHP by experts can, in this instance, be used to represent citizen views. However, this result may not be easily generalisable to other settings.

Public Policy and the Digital Geospatial Representation of Designated Land Use in the UK--Part I

In the post-war period, since the National Parks and Access to the Countryside Act 1949, successive UK governments have developed policies for the management of land use and marine conservation. This process accelerated at the Millennium with the passage of the Countryside and Rights of Way Act. Now, in 2006, the present Government has promoted the passage through Parliament of both the Commons Act and the Natural Environment and Rural Communities Act, and a new Marine Bill is not far behind. If successful such measures will further expand and develop the means to secure and protect designated land and the marine environment. An important issue here is how the Government plans to embrace digital geospatial techniques in the development of policy towards the conservation and management of such geographic space. A more specific issue concerns the prospects for conversion from paper to digital form of maps of open country, commons, town and village greens and public rights of way that carry conclusive or definitive status in court. This paper, presented in two parts, looks at current developments and recent research on these topics and assesses the feasibility of such transition. In doing so it takes account of eGovernment and transformational policies and the mechanism to promote digitisation of records set out in the Electronic Communications Act 2000. It concludes that the adoption of geospatial techniques as a tool for developing policy towards designated land and the marine environment has much to commend it, as does development of a national geographic information strategy for government as a whole. Whilst the paper focuses on developments in UK law, the policy issues raised are applicable to all governments and jurisdictions.

Characterization of Households and its Implications for the Vegetation of Urban Ecosystems

Our understanding of the dynamics of urban ecosystems can be enhanced by examining the multidimensional social characteristics of households. To this end, we investigated the relative significance of three social theories of household structure—population, lifestyle behavior, and social stratification—to the distribution of vegetation cover in Baltimore, Maryland, USA. Our ability to assess the relative significance of these theories depended on fine-scale social and biophysical data. We distinguished among vegetation in three areas hypothesized to be differentially linked to these social theories: riparian areas, private lands, and public rights-of-way (PROWs). Using a multimodel inferential approach, we found that variation of vegetation cover in riparian areas was not explained by any of the three theories and that lifestyle behavior was the best predictor of vegetation cover on private lands. Surprisingly, lifestyle behavior was also the best predictor of vegetation cover in PROWs. The inclusion of a quadratic term for housing age significantly improved the models. Based on these research results, we question the exclusive use of income and education as the standard variables to explain variations in vegetation cover in urban ecological systems. We further suggest that the management of urban vegetation can be improved by developing environmental marketing strategies that address the underlying household motivations for and participation in local land management.

Delivering well-maintained highways

The highway network is the largest and most visible community asset for which local authorities are responsible. It is used daily by the majority of people and is fundamental to the economic, social and environmental wellbeing of the community. It helps to shape the character and quality of the local areas that it serves and makes an important contribution to wider local authority priorities, including regeneration, social inclusion, community safety, education and health. In order to fulfil its potential it is crucial that the highway network is maintained. Increasing traffic growth has brought increasingly widespread recognition of the importance of highway maintenance and the high value placed on it by users. However, this importance has not generally been reflected in levels of investment, and public concern has been increasing about the implications of this for safety and journey reliability. Recent increases in investment have been welcome but a sustained long-term programme that is efficiently managed and supported by effective technical and management systems is required. The 2005 edition of Well-maintained Highways: Code of Practice for Highway Maintenance Management, together with the updated Well-lit Highways: Code of Practice for Highway Lighting Management and the new Management of Highway Structures: A Code of Practice, provide the basis for these technical and management systems with detailed guidance on standards and procedures. The codes, so far as possible, seek to harmonise approaches in all parts of the UK and between national and local roads, support the new requirements for asset management and link national and local transport policies. For the first time, the code of practice for well-maintained highways includes the management of public rights of way as part of the highway asset. This paper summarises the key features of the code, highlighting areas considered to be of particular importance. Copies of all codes can be viewed on the website of the UK Roads Liaison Group ( www.ukroadsliaisongroup.org ).

Rights of way improvement plans and increased access to the countryside in England: some key issues concerning supply

This paper analyses the issues relating to the supply of Public Rights of Way in England from the perspective of farmers and landowners. Although government guidance for Local Authorities states that the interests of landowners should be taken into account during the preparation of Rights of Way Improvement Plans, there is little information in the public domain concerning the attitudes of, and issues affecting, potential suppliers. This paper identifies the issues of concern to suppliers and how these affect access to the countryside. The methodology employed was a combination of desk research, qualitative research and a postal survey of farmers within the study areas. Respondents were just as likely to prefer to exclude the public from their land as they were to allow access on the proviso of responsible behaviour. The idea that landowners would be happy to provide increased access on their land given sufficient financial incentive was found to be unproven. However, a minority of landowners provide informal access to their land for certain user groups. The fact that landowners are happier to provide permissive access than new Rights of Way suggests that they prefer to be able to keep a measure of control over access to their land. Respondents also displayed a lack of confidence in current Rights of Way procedures and suggested that it would be better to concentrate on creating usable networks than simply recording historic Rights of Way. There was also concern that increased access would result in increased costs and workloads for landowners. Whilst there are legal measures available to forcibly maintain and increase the access resource if necessary, the most desirable solution is for landowners to welcome access to their land. However, it is clear that there are a number of real concerns that need to be addressed in order for this to be the case and these issues can not be solved simply by financial means.

Public Rights of Way and Access to Land (Second Edition)

Public Rights of Way and Access to Land (Second Edition)