Route 66 Gets Official Historic Trail Status, But Eminent Domain Is Off the Table

The Route 66 National Historic Trail Designation Act officially establishes the historic path of U.S. Highway 66—the iconic 2,400-mile stretch from Chicago, Illinois, to Santa Monica, California—as part of the National Trails System. This designation covers the route’s alignment between 1926 and 1985, giving it formal federal recognition and placing its management under the Secretary of the Interior (Sec. 2).

The Mother Road Meets the Feds: What Changes?

For anyone who loves road trips, history, or has a business along the route, this is a big deal. Formal designation means the federal government is now responsible for preserving the “unique, historic feel” of the trail. This could unlock resources for signage, preservation projects, and tourism promotion across the eight states the route crosses. Crucially, the Secretary of the Interior is required to actively and meaningfully consult with affected Indian Tribes before taking any action that would significantly impact them, recognizing the trail’s path through tribal lands (Sec. 2).

Property Rights Win: No Eminent Domain Allowed

Here’s the part that hits close to home for landowners along the route: the bill explicitly ties the hands of the federal government when it comes to acquiring land. The Secretary of the Interior is barred from using eminent domain or condemnation powers to take property for the trail (Sec. 2). If the government wants a piece of land to expand a historic marker or visitor center, they must rely solely on voluntary sales from the owner. Furthermore, they can only acquire land that extends an average of one-fourteenth of a mile (about 377 feet) on either side of the route, keeping the government footprint tiny and focused (Sec. 2).

Keeping the Neighbors Happy: No Buffer Zones

If you own a small business, a farm, or a house right next to the old highway, you might worry that a federal designation means new rules about what you can build or how you use your property. The bill is crystal clear on this: the designation does not create a “buffer zone” around the trail (Sec. 2). This means if you’re running a dusty construction site or putting up a big new sign on your land, your activity isn't automatically restricted just because it's visible or audible from the historic route. Your existing property rights remain intact, and the designation won't trigger new federal permitting requirements just because the trail is now official.

Energy and Infrastructure: Business as Usual

One provision stands out for its clarity regarding major infrastructure projects. The bill explicitly states that the designation will not “stop or slow down” any energy development, production, transportation, or transmission projects (Sec. 2). This is a specific carve-out ensuring that existing or planned pipelines, transmission lines, or other energy infrastructure won't face new hurdles or delays simply because they cross or run parallel to the newly designated historic trail. For federal agencies that grant easements or rights-of-way—say, for a utility company—their existing authority remains unchanged, minimizing friction with established infrastructure needs.