Highways and Toll Roads

  • Overview
  • Attorneys

Kutak Rock has provided legal services for more than 200 highway financings, aggregating in excess of $28 billion in principal amount, throughout the United States. We serve as bond counsel to state departments of transportation and major regional transportation authorities. We have served as disclosure, special or underwriter's counsel for state transportation boards, departments of transportation, turnpike authorities, capital improvement authorities and metropolitan authorities.

Our bond counsel and transaction counsel experience includes major toll road projects, including several of the earliest toll road public-private partnerships; billions of dollars of GARVEE financings; TIFIA financings; a financing paid from a unique statewide special bridge repair and replacement fee; and innovative financing techniques, including multi-jurisdictional special purpose authorities that construct and operate highways using a wide variety of tax, fee and private revenue sources. In addition to traditional bond counsel services, we frequently provide the legal advice to design new financing programs, draft the authorizing legislation and, if required, represent the issuer in court cases to validate or test cases to confirm the legality of the new program.