News & Analysis as of

Easements Property Owners Appeals

Nossaman LLP

Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain

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The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned....more

Patton Sullivan Brodehl LLP

California Supreme Court: Parties to a Real Estate Transaction Can Create Implied Exclusive Easements

In the recent case Romero v. Shih, the California Supreme Court clarified that under California law, parties to a real estate transaction may create an implied easement that effectively grants the dominant tenement exclusive...more

Kaufman & Canoles

Court of Appeals of Virginia Holds Proof of the Physical Location of an Easement is a Necessary Element of an Implied Easement

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Yesterday, the Court of Appeals of Virginia held that, in order to establish an implied easement, a party must prove the physical location of the easement. In Thomas E. Morris, et al. v. Anthony Heath Parker, et al., Record...more

Patton Sullivan Brodehl LLP

Easement Considered Abandoned When Authorized Use No Longer Has Practical Value

As properties age, it is not uncommon for lingering easements to exist on record which were originally created to serve needs that no longer exist or are practically speaking outdated.  Recorded easements can affect a...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Pullman & Comley - For What It May Be Worth

When is an Easement Subject to Taxation

Most folks laboring in the property tax and valuation vineyards would not think that an easement attached to a parcel of real estate could create a separate tax liability for its owner.  That presumption might be true in most...more

Perkins Coie

Neighbor’s Continued Use of Landowner’s Property for Access and Parking Following Division of Lots at Trustee Sale Established...

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A California Court of Appeal held that longstanding use of a landowner’s property for access and parking by residents of the adjacent lot had established a prescriptive easement. Husain v. California Pacific Bank, 61...more

Snell & Wilmer

Amada Family Limited Partnership v. Pomeroy: Colorado Court of Appeals expressly affirms the continuing viability of the...

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On May 27, 2021, a division of the Colorado Court of Appeals issued its opinion in Amada Family Limited Partnership v. Pomeroy, 2021 COA 73. In that case, the court decided two significant issues that apparently had never...more

Farrell Fritz, P.C.

Appellate Division finds Village Responsible for Maintenance of Bulkhead Related to Drainage Easement

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Plaintiffs own property in the Village of Freeport on Randall Bay and granted a drainage easement to the Village in 1961. The easement, dated September 6, 1961, allowed the Village to “construct and maintain one underground...more

Perkins Coie

County May Abandon Public Easement Rights to Prevent Unauthorized Use of Road

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The Third Appellate District determined that Placer County met relevant statutory requirements when it partially abandoned public easement rights in a road originally intended to be used only for emergency access and public...more

Porter Hedges LLP

Recent Victory For All Texas Landowners Facing Pipeline Condemnation

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Porter Hedges recently scored a significant victory for landowners Terrance and Kenneth Hlavinka and their families (“the Hlavinkas”) against HSC Pipeline Partners, a subsidiary of Enterprise Products Partners. On June 18,...more

Nossaman LLP

“Public Improvement” Narrowly Defined to Limit Inverse Condemnation Liability

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Since the California Supreme Court’s 2019 Oroville decision, which narrowed inverse condemnation liability for public agencies, several court decisions have followed suit. ...more

Conn Kavanaugh

Developers Must Explicitly Reserve Construction Right in Phased Condominium Project

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As any seasoned developer knows, condominium development projects involve a delicate interplay between the developer, unit owners, the condo association, and the lenders that fund construction and acquisition costs. Last...more

Nossaman LLP

Crafting Settlement Agreements in Eminent Domain

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Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more

Snell & Wilmer

Colorado Court of Appeals clarifies that a finding of irreparable harm is not required to enter a permanent injunction to enforce...

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On March 21, 2019, the Colorado Court of Appeals issued its opinion in Rinker v. Colina-Lee, holding for the first time that the “irreparable harm” element typically required to grant a permanent injunction is not needed for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Plant Construction/Calion Lake: Arkansas Court of Appeals Addresses Challenge to Condemnation

The Arkansas Court of Appeals in a February 20th opinion addressed issues arising out of the construction of a wastewater plant (“Plant”) by the City of Calion, Arkansas, (“City”) on Calion Lake (“Lake”). See James Randall...more

Bricker Graydon LLP

City immune to a landowner’s trespass claim for a stormwater pipe installed without an easement

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Nan Wallace experienced cracks in the walls, foundation and chimney of her residence, which she believed were caused by blockage in a stormwater pipe that flowed beneath her driveway and garage and into her backyard. ...more

K&L Gates LLP

Easy Easements - Part 2

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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

Pierce Atwood LLP

No Prescriptive Easement Over Registered Beach Lots That Expanded By Accretion

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In an important decision for owners of waterfront property, a divided Appeals Court panel has ruled in a case of first impression that where registered land expands by accretion, the owner need not return to court to...more

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