23 U.S.C. § 301
Freedom from tolls
Except as provided in section 129 of this title with respect to certain toll bridges and toll tunnels, all highways constructed under the provisions of this title shall be free from tolls of all kinds.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1960–2024 · leading case: Town of Portsmouth v. Lewis, 813 F.3d 54 (1st Cir. 2016).
Town of Portsmouth v. Lewis, 813 F.3d 54 (1st Cir. 2016). “The Town of Portsmouth, Rhode Island challenges a district court order dismissing its claims against federal and state transportation agencies and officers for collecting tolls on the Sakonnet River Bridge in violation of the anti-tolling provision of the Federal-Aid Highway Act…”
Town of Portsmouth v. Lewis, 62 F. Supp. 3d 233 (D.R.I. 2014). “In Count I of its Complaint, Plaintiff seeks an injunction against the imposition of tolls on the Sakonnet River Bridge and a declaratory judgment that the tolls would violate the ‘freedom from tolls’ provision of 23 U.S.C. § 301 . 1 Count II alleges that Defendants did not…”
Roy L. Endsley III & Stephen Graham, Individually & on Behalf of Those Similarly Situated v. City of Chicago, 230 F.3d 276 (7th Cir. 2000). “Federal Transportation Statutes Plaintiffs contend that the City has violated two federal transportation statutes, 23 U.S.C. § 301 and 23 U.S.C. § 129 (a)(3) 2 which when read together, regulate the entities operating tollways and receiving federal funds.”
Coalition for the Advancement of Reg'l Transp. v. Fed. High. Admin., 959 F. Supp. 2d 982 (W.D. Ky. 2013). “23 U.S.C. § 301 . However, the Secretary of Transportation may authorize toll projects involving 1) the initial construction of non-interstate toll highways, bridges and tunnels, and 2) the reconstruction or replacement of existing free interstate and non-interstate bridges and…”
River v. Richmond Metro. Auth., 359 F. Supp. 611 (E.D. Va. 1973). “23 U.S.C. § 301 . 69 . E. g., 23 U.S.C. § 138 .”
Application of Oklahoma Tpk. Auth., 359 P.2d 680 (Okla. 1961). “As supporting our conclusion here we observe that, specifically by law, the Federal Government will not contribute to the construction of any part of a toll Turnpike *693 or facility thereof ( 23 U.S.C.A. § 301 .), but each highway facility here proposed to be constructed by the…”
Application of Oklahoma Tpk. Auth., 386 P.2d 165 (Okla. 1963). ““As supporting our conclusion here we observe that, specifically by law, the Federal Government will not contribute to the construction of any part of a toll Turnpike or facility thereof ( 23 U.S.C.A. § 301 ), but each highway facility here proposed to be constructed by the…”
Clallam Cnty. v. Dep't of Transp., 849 F.2d 424 (9th Cir. 1988). “Private Right of Action At oral argument, we requested supplemental briefing addressing the issue of whether plaintiffs have a private right of action.”
Cnty. of Los Angeles v. S. California Gas Co., 184 Cal. App. 2d 169 (Cal. Ct. App. 1960). “Section 301 of the Federal Highway Act ( 23 U.S.C. § 301 ) provides: “Except as provided in Section 129 of this title with respect to certain toll bridges and toll tunnels, all highways constructed under the provisions of this title shall be free from tolls of all kinds.”
Kansas Tpk. Auth. v. Porter (D. Kan. 2023). “Defendant further urges that the collection of tolls by a state-created entity on a federal interstate raises significant federal questions that warrant the jurisdiction of this Court, namely the authority of a state agency to regulate access to the Federal Interstate Highway…”
Friends of the Earth v. Carey, 422 F. Supp. 638 (S.D.N.Y. 1976). “23 U.S.C. § 301 . This position raises the question of who is in fact primarily responsible for the indirect source of pollution which the bridges are claimed to be.”
Cardi Corp. v. State of Rhode Island Dep't of Admin. (D.R.I. 2021). “There, a municipality sued state defendants, alleging a violation of 23 U.S.C. § 301 , which prohibits the collection of tolls on most highways that receive funding through the Act.”
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