Topic
Easement
193 published works
Federal Eminent Domain Blog
Chestnut Ridge Seeks Extension
Chestnut Ridge Storage has requested an extension of the time to develop the Junction Natural Gas Storage Project from 2011 to 2014. Owners claim that the project will effect the…
PropertyProf Blog
Case of the Week
By propertyprof
Glenelk Ass'n, Inc. v. Lewis (Colorado Supreme Court) 2011 WL 4014396Background: This case is a real life, modern example of a landlocked piece of property and an owner seeking an…
Land Use Law Blog
Illegal Construction Of A Billboard Does Not Render Billboard Easement Unenforceable, Nor Does It Allow The Servient Owner To Block Visibility Of The Billboard
In Hill v. San Jose Family Housing Partners (2011) __Cal.App.4th __, 2011 Cal. App. LEXIS 1101, the Court of Appeal for the Sixth Appellate District held (1) that a written…
PropertyProf Blog
Dnes & Lueck on Asymmetric Information and the Law of Servitudes
By propertyprof
Antony Dnes (Hull Business School) and Dean Lueck (Arizona) have posted Asymmetric Information and the Law of Servitudes Governing Land (Journal of Legal Studies). Here's the abstract:This paper explains the…
Land Use Prof Blog
Mulvaney on the Severance Rehearing and Location vs. Purpose
Thanks to Hannah Wiseman for the great post summarizing the recent rehearing in Severance v. Patterson. I meant to get to it last week, but I wouldn't have done half…
Land Use Prof Blog
On Beaches and Expectations
In 2010, Professor Matt Festa posted on the Severance v. Patterson case, which addresses Texas's Open Beaches Act and the question of "rolling easements" under the Act. In Severance, the…
inversecondemnation.com
Live Blog of Texas Supreme Court Argument In Severance (Beach “Rolling Easement” Case)
Beginning at 9:00 a.m. Central Time today, the Texas Supreme Court heard oral arguments in Severance v. Patterson, No. 09-0378 (Nov. 5, 2010), the case in which the court held…
inversecondemnation.com
Argument Preview: Texas Supreme Court To Hear Arguments In Severance – Private Beaches, “Rolling” Easements
On Tuesday, April 19, 2011 starting at 9:00 a.m. Central Time, the Texas Supreme Court will hear oral arguments in Severance v. Patterson, No. 09-0378 (Nov. 5, 2010), the case…
Federal Eminent Domain Blog
How MATL Got in Trouble
Montana-Alberta Tie Line’s (MATL) problems are not so much that it wants to build power lines on the property of others, but rather that the utility is intruding on land…
Land Use Prof Blog
Martinez on Judicial Takings for Private Necessity
John Martinez (Utah) has posted No More Free Easements: Judicial Takings for Private Necessity. The abstract:This article bridges the fields of constitutional judicial takings and the common law of easements…