Bar Exam Toolbox Podcast Episode 122: Listen and Learn -- Easements (Real Property)
On Monday, the Court of Appeals of Virginia issued a significant decision about private road easements often referred to as “Ryder” easements. In Becker Building Company, LLC, et al. v. Scott W. Keller, et al., the Court...more
The U.S. Court of Appeals for the Fourth Circuit recently announced two important rules in two eminent domain opinions. Both cases involved pipeline access easements that the condemnor properly took under the Natural Gas Act....more
U.S. Eleventh Circuit Court of Appeals - Kanapuram v. CIS - immigration - Wu v. Liu - removal, arbitration, remand, appellate jurisdiction - USA v. Morris - jury interrogatory, specific firearm - Malak v. Soc Sec...more
In State of Arizona v. Foothills Reserve Master Owners Association, Inc., the Arizona Supreme Court ruled that severance damages are available to landowners when their appurtenant easements are condemned, even if their...more
On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that...more
Although wind and solar project development in the U.S. experienced record-breaking sales in recent years, headwinds are anticipated to increase. Several challenges continue to delay deployment, such as lack of sufficient of...more
Yesterday, the Court of Appeals of Virginia held that when a deed conveys “all that certain tract or parcel of land, consisting of a . . . right of way,” that right of way is conveyed in fee simple, not as an easement. In...more
Cannabis is a multi-billion-dollar industry in California. For many years now, cannabis businesses have operated pursuant to state law, obtaining licenses and permits and entering into contracts to carry out cultivation,...more
In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...more
The International Transmission Line (“ITC”) and its subsidiary, the Michigan Electric Transmission Company, LLC (“METC”), are currently seeking easements to install new transmission lines as part of their Long-Range...more
Yesterday, the Court of Appeals of Virginia issued a significant opinion in Thibault Enterprises, LLC v. David A. Yost, et al., Yost Living Trust, a case involving a dispute over a 50-foot granted easement for ingress and...more
The United States Court of Appeals (“9th Circuit”) addressed in a December 18th memorandum issues arising out of challenges to the Natural Resource Conservation Services (“NRCS”) funding of an irrigation district. See Matthew...more
California law is clear that the owner of a private right-of-way easement has a duty to maintain the easement. What is less clear is how far that duty to maintain may stretch...more
Title insurance is issued using standardized forms of policies and endorsements. The most commonly used forms for commercial properties are those promulgated by the American Land Title Association (ALTA), a nationwide title...more
Co-Author Jesse Long The United States District Court for the Western District of Wisconsin (“Court”) addressed in an August 22nd Opinion a riparian rights issue. See Clott et al., v. U.S. Fish and Wildlife Service, 2024 WL...more
While many Californians consider the legality of cannabis to be settled law, the ongoing conflict between California and federal laws on the subject continue to give rise to unexpected outcomes when it comes to real property...more
U.S. Eleventh Circuit Court of Appeals - Ga v. Shafer - elections, federal officer removal, pretrial habeas - Ga v. Clark - elections, federal officer removal, special purpose grand jury, federal question - Gemini...more
An Illinois United States District Court (“Court”) addressed in a September 30th Order issues involving interpretation of riparian rights and easements. The issues arose in the context of Tuggers Burger & Ale House...more
On August 28, 2024, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury (Treasury) issued a final rule requiring real estate professionals involved in real estate closings and settlements to...more
The United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) issued a September news release announcing funding for the Agricultural Conservation Easement Program (“ACEP”) for fiscal year 2025....more
When you grant an easement over your lands to another, who has the obligation to maintain the lands and the improvements on those lands? One might argue that it is the grantor of the easement—that the owner has the obligation...more
In the latest episode of Digging Into Land Use Law, Karla MacCary and Elinor Eizdi explore the law of implied easements, which is a murky area of the law that was made more clear by a recent California Supreme Court case that...more
In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more
As coastal erosion continues to shrink beaches, the sand that remains has become ever more valuable; and in Maine, a battle over the beach has reached the state’s highest court. In most coastal states, the intertidal land —...more
Governor DeSantis signed HB 799 into law on June 27, 2024, impacting all developments subject to covenants or restrictions of any flavor, whether residential or commercial....more