News & Analysis as of

Easements

Real Property, Financial Services, & Title Insurance Update: Week Ending February 9, 2018

by Carlton Fields on

Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more

Can Emails Establish an Easement in Texas?

by Gray Reed & McGraw on

Email is the way we communicate these days. Whether emails create a contract is important if you’re thinking nothing short of a dead tree could ever bind anybody or, to the contrary, your goal is to establish an enforceable...more

Yet Another ET Rover Pipeline Accident

by Clark Hill PLC on

The ET Rover Pipeline through Michigan, Ohio, West Virginia, and Pennsylvania suffers yet another environmental accident. I have documented past problems with the construction of the ET Rover pipeline. Last week, yet...more

NC Department of Transportation Condemnation: What Do They Mean By Permanent Utility Easement?

by Ward and Smith, P.A. on

When the North Carolina Department of Transportation ("DOT") exercises its power of eminent domain, in addition to taking private property in fee simple, it will often take various easements, including Permanent Utility...more

Property in 2018: all change

by Dentons on

Who says that property law doesn't move with the times? 2018 kicks off with talk of a register of beneficial ownership, consultations on topics as diverse as electronic signatures and chancel repair liability, plus proposals...more

California Court Holds Insured’s Activities Not an Occurrence

In its recent decision in Henstooth Ranch LLC v. Burlington Ins. Co., 2018 U.S. Dist. LEXIS 1176 (N.D. Cal. Jan. 3, 2018), the United States District Court for the Northern District of California had occasion to consider...more

DOI's Royalty Policy Committee Could Bring Trust Reform

In the summer of 2015, I stood along a rural highway in Caddo County, Oklahoma, with a young Kiowa allottee. He showed me the allotment that had been in his family for generations — ever since Congress, with the endorsement...more

Out is Now In – Understanding the Outparcel Trend and Potential Pitfalls

During the last several years, we have noticed a trend in the world of retail development. More and more “big-box” retail companies are carving out parts of their parking lots to create new outparcels. To understand the...more

ITC’s Expanded Coldwater Project Implicates Special Just Compensation Issues for Farmers

by Clark Hill PLC on

ITC is adding a new phase to its Coldwater Capital Project, impacting area farmers. This post describes ITC’s capital project. I have learned that ITC is seeking to expand the project and take easements from agricultural...more

Encroaching darkness – an intriguing case on rights to light

by Dentons on

In Metropolitan Housing Trust Limited v. RMC FH Co Limited [2017] EWHC 2609 (Ch) the High Court looked at the issue of whether a long leaseholder had the right to release a development site from a right to light. The court...more

Currents - Energy Industry Insights - November 2017

China Energy Investment Signs MOU for $83.7 Billion in West Virginia Projects "China Energy Investment Corp, the world's largest power company by asset value, has signed a memorandum of understanding (MOU) to invest $83.7...more

ITC Moving North Along Macomb Orchard Trail

by Clark Hill PLC on

ITC seeking more new vegetation management easements in Washington Township. I am currently representing 25 property owners in the Breckenridge Subdivision, houses on Yorkshire and Berkshire in Washington Township. These...more

Trespass But no Damages in a Texas Case

by Gray Reed & McGraw on

What does it take these days to get money from a Texas jury? Not much, it seems; in XTO v. Goodwin the trick was convincing a higher court that you should keep it....more

Court Declines to Vacate Environmental Assessment of Dakota Access Pipeline, Permitting Oil to Flow during Remand

On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency...more

Conservation Easements: Easement Deed Fails To Satisfy Perpetuity Requirement

by Fox Rothschild LLP on

In Palmolive Building Investors, LLC v. Commissioner, 149 T.C. No. 18, the Tax Court denied a charitable contribution deduction of a donated façade easement because the easement deed failed to satisfy the perpetuity...more

ITC Implementing New Capital Project in Ann Arbor Area

by Clark Hill PLC on

I have been contacted by property owners from whom ITC is seeking right of way for a new transmission line project in Ann Arbor and Pittsfield Township ITC’s website identifies new projects that it is contemplating. One...more

Perpetual Easement or Expired Restriction? Mass. Appeals Court Weighs In

by Pierce Atwood LLP on

In its decision this week in Perry v. Aiello, the Massachusetts Appeals Court addresses an interesting question: whether a 1947 grant of easement-like rights created an affirmative easement, which can be perpetual, or a...more

Obtaining Penndot Right Of Way As A Condition To Obtain Your Hop

by Fox Rothschild LLP on

If your development projects fronts on a state road, then it is likely that you will need a Highway Occupancy Permit (“HOP”) from PennDOT. If you need a HOP from PennDOT, then it is very likely that you will need to improve...more

Fifth Circuit Issues Important Conservation Easement Decision

Last week the United States Court of Appeals for the Fifth Circuit entered an important conservation easement decision reversing the decision of the Tax Court and remanding the case to decide certain issues. The conservation...more

Property Owner to Maintain Public Beach Access Over Coastal Property - California Court of Appeal Weighs in on California Coastal...

by Best Best & Krieger LLP on

Under the California Coastal Act, a beachfront property owner must maintain public access over his property — and will be required to seek a Coastal Development Permit if he wishes to limit such public access, a California...more

Court Holds Temporary Injunction on Martins Beach Access Dispute Does Not Constitute a Taking

by Nossaman LLP on

The Martins Beach access dispute in San Mateo County continues to make headlines. As a quick refresher, billionaire venture capitalist Vinod Khosla purchased 90 acres of beachfront property south of Half Moon Bay, and...more

Easy Easements - Part 2

by K&L Gates LLP on

This two-part series is about four important cases that have been decided over the past year relating to the acquisition of easements. Part 1 highlighted two cases explaining key principles that can dictate whether or not an...more

Idaho Real Estate & Development Law Update: In Idaho, an Easement Owner Has the Duty to Maintain the Easement, Even if the...

by Stoel Rives LLP on

A recent case in the Idaho Supreme Court serves as a good reminder that Idaho takes a somewhat unique approach to allocating responsibility for easement maintenance. In Fletcher v. Lone Mountain Road Association, Docket No....more

Easy Easements

by K&L Gates LLP on

This two-part series is about four important cases that have been decided over the past year relating to the acquisition of easements. This Part 1 highlights two cases which explain key principles that can dictate whether or...more

Property Tax & Valuation Topics: Summer 2017

by Pullman & Comley, LLC on

Declaratory Judgment Not the Correct Remedy - Danping Li sued the Town of Woodbury with regard to the assessments of three properties she owned in that community. One of the counts of her complaint seeking a declaratory...more

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