Express Lanes Contract has Non-Compete Clause

Did you know that the brand new I-95/I-395 Toll Express Lanes contract have effectively non-compete clauses buried in VDOT’s contract with Transurban Limited, the Australian operator of the roadway?  Specifically, VDOT must compensate Transurban if it makes improvements to parallel US 1 or to the Occoquan Bridge.  See Section 12.05 in the Comprehensive Agreement that VDOT signed for that road.

For the I-66 Toll Express Lanes, what special agreements will VDOT include in its contract?  A non-compete clause for US 29 and US 50?  A non-compete clause for rail?  So far, nobody is saying anything.

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