Search for: "Two Right-of-Way Easements"
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8 Aug 2013, 8:25 am
The elements of adverse possession are: (1) possession under claim of right (claiming a right to use the property, though not founded on a written instrument; the claim need not be based on a good faith belief in the title), or color of title (a written or deeded easement, though it may be incorrect or in the wrong location) ; (2) The claimant must occupy or utilize the land in a way (actual, open, and notorious) that constituting reasonable notice… [read post]
18 Jul 2013, 8:00 am
As implied by the dissenting opinion written by the minority judges, the Koontz decision, while a victory for private property rights, may in the long run impact development in unintended ways. [read post]
9 Jul 2013, 1:25 pm
The District considered the proposed easement to be inadequate, and informed petitioner that the District would approve construction only if he agreed to one of two concessions: (a) Petitioner reduce the size of his development to 1 acre and deed a conservation easement to the District on the remaining 13.9 acres; or (b) proceed with the development on the terms proposed by petitioner and hire contractors to make improvements to District-owned land several miles… [read post]
9 Jul 2013, 8:34 am
In only two of those nine cases did the Court vote to affirm a lower court. [read post]
26 Jun 2013, 1:39 pm
There are tools that courts can use (and have used) to draw a line between the two categories. [read post]
3 Jun 2013, 8:35 am
She provides comprehensive representation to the Town of Southwest Ranches on all of its real property issues including negotiating contracts and closing all real property acquisitions and dispositions, plat reviews, right-of-way issues, easements and Development Agreements. [read post]
30 May 2013, 6:19 am
These interests include liens, mineral interests, easements, rights of way, etc. [read post]
1 Apr 2013, 11:31 am
Patterson, it is necessary to go back a ways, to the Texas Supreme Court case of Luttes v. [read post]
29 Mar 2013, 1:03 pm
Merriman had other reasonable ways to use the surface for agriculture and even other ways to continue to manage his cattle business, none of which were either “impracticable or unreasonable. [read post]
16 Mar 2013, 10:58 am
Public forum as easement: public earns a right by speaking. [read post]
8 Mar 2013, 4:22 am
LaSalle filed an eminent domain action to acquire temporary workspace easements and a permanent right-of-way over two tracts owned by Donnell: an 8,034 acre tract and a 46 acre tract. [read post]
19 Feb 2013, 7:19 am
Common sense goes a long way to avoid trouble, and the plaintiff here really did not think it through. [read post]
5 Feb 2013, 8:07 am
In this same connection the court should weigh plaintiff's conduct to ascertain if he is in any way responsible for the situation. 2. [read post]
31 Jan 2013, 7:46 am
It is the appeal of these two towns that concerns the SCOV’s review. [read post]
23 Jan 2013, 12:22 pm
The Fourth District undoubtedly got this one right, and the extensive and laborious analytical process it took to get to the correct result seems intellectually honest. [read post]
14 Jan 2013, 7:46 pm
Those two decisions are now understood to have imposed two restraints on exactions: a nexus limitation, and a proportionality test. [read post]
31 Oct 2012, 2:16 pm
Choose One of Two Locations: Tuesday, November 6, 2012 8:00 a.m. to 2:00 p.m. [read post]
26 Aug 2012, 12:30 am
It is almost impossible to determine which side is right. [read post]
22 Aug 2012, 8:01 am
If the first one is correct, it is always open for someone to challenge the status quo in two ways. [read post]
20 Aug 2012, 8:53 am
ITC said the power lines are needed to improve reliability of electric service to the Kalamazoo area and that it considered more than 200 route possibilities, evaluated based on the proximity of residences and public facilities, number of parcels crossed, new right-of-way required, and woodland, wetlands, roads and streams in the path, among other considerations. [read post]
