Topic
Easement
193 published works
PropertyProf Blog
How Much is a Sand Dune Easement Worth?
The property owners thought a few hundred thousand dollars. A jury awarded them $300:A jury has awarded a Harvey Cedars couple just $300 as compensation for the borough's taking of…
Land Use Law Blog
Just Because The Easement Says “For Public Road Purposes” Does Not Mean It’s A Public Right-Of-Way
By Glen Hansen In Schmidt v. Bank of America (2014) 223 Cal.App.4th 1489, the Court of Appeal for the Fourth Appellate District held that a trial court erred in granting…
Real Estate Legal Update
(US) Show me the Money!: Potential Lucrative Compensation for Rails-to-Trails Landowners in US Supreme Court Ruling
By Dusty Elias Kirk, Gerald S. Dickinson
If you are a landowner who owns land that came to you or your family through a land grant from the United States government and that land abuts or lies…
PropertyProf Blog
Prescriptive Easement Tears College Town Apart
Things got hot in Ann Arbor:When Nick Delbanco and his wife moved from Vermont to Ann Arbor in 1985, they were drawn to a home near Nichols Arboretum. Just a…
National Eminent Domain Blog
Missouri Clean Line Opposition Increases
Originally, many Missouri couunties supported the Clean Line approach of bringing power through the State. Subsequently, after a lack of support from the local utility companies and those directly affected…
inversecondemnation.com
SCOTUS Benchslap: Railroad Right Of Way Is An Easement, Just Like We Said A Long Time Ago
As we predicted it would after oral argument, today the U.S. Supreme Court ruled in the property owner's favor in Marvin M. Brandt Revocable Trust v. United States, No.12-1173 (Mar.…
PropertyProf Blog
Wolf on the ‘Term Creep’ Problem in Property Law
Michael Wolf (Florida) has posted Conservation Easements and the 'Term Creep' Problem (Utah Envtl Law Review) on SSRN. Here's the abstract:This Essay (published in 2013 Utah Law Review and Volume…
Massachusetts Land Use Monitor
Registered, Schmegistered: Easements On Registered Land Can Be Relocated
Earlier this month the Supreme Judicial Court (SJC) issued an important decision in the case of Martin v. Simmons Properties, LLC. Mr. Martin holds an easement over the land of the defendant,…
Land Use Prof Blog
What to do when the historic district floods.
I just finished reading a new article by Jess Phelps in the latest issue of Environmental Law. In Preserving Perpetuity?: Exploring the Challenges of Perpetual Preservation in an Ever-Changing World, Phelps…
Land Use Prof Blog
Is a Right-of-Way an Easement?
Turning old railroad lines into parks and bike paths seems like a great idea. When it results in things like NYC's Highline Park who can complain, but not everyone is…