easement by prescription california

• Maryland Court of Special Appeals Case Summaries: December 26, 2011

Civil Procedure Declaratory judgment

... the prior consistent statement and the California Supreme Court affirmed. California's statute gover...Real Property. Prescriptive easement. BOTTOM LINE: Plaintiff established a prescriptive... by implication is an easement by prescription. Jurgensen v. New Phoenix Atl. Condo. Council, 380...

• The Daily Record (Baltimore)
• January 02, 2012

• Severance v. Patterson, (5th Cir. 2009)

... to prevent them from enforcing a public easement under the Texas Open Beaches Act, T EX. N AT. R ES... to or over an area by prescription, dedication, or has retained a right by virtue of .... Carol Severance, a California resident, purchased two beachfront properties alon...

• Federal Circuits

• Virtual takings: the coming Fifth Amendment challenge to net neutrality regulation.

... content providers a permanent virtual easement across privately owned broadband networks to deliv...California Coastal Commission, (154) decided five years after... ferry for all passengers, without a prescription time out of mind, or a charter from the king. He m...

• Notre Dame Law Review
• Vol. 86 Nbr. 1, February 2011

• J. Paul Preseault and Patricia Preseault, Individually and as Partners of 985 Associates, Ltd., a Vermont Limited Partnership, and 985 Associates, Ltd., Plaintiffs-Appellants, v. the United States, Defendant-Appellee, and the State of Vermont, Defendant/Cross-Appellant., 100 F.3d 1525 (Fed. Cir. 1996)

... 1899 transfers to the railroad created easements for use for railroad purposes; the fee estates rem...denied, 116 S. Ct. 53 (1995), and California Housing Securities, Inc. v. United States, 959 F.2... necessary to prove an easement by prescription in Vermont. The Supreme Court of Vermont held that...

• Federal Circuits

• Endangered and Threatened Wildlife and Plants; Designation of Revised Critical Habitat for the Northern Spotted Owl

We, the U.S. Fish and Wildlife Service, designate revised critical habitat for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act. In total, approximately 9,577,969 acres (ac) (3,876,064 hectares (ha)) in 11 units and 60 subunits in California, Oregon, and Washington fall within the boundaries of the critical habitat designation.

... establish any management plan or prescriptions for the management of critical habitat. However, w... are also protected under a conservation easement held by the Pacific Forest Trust. The enhancement ...

• Federal Register Nbr. 77 FR 71875, December 04, 2012
• Rules and Regulations
• Interior Department

• Defining riparian rights as 'property' through takings litigation: is there a property right to environmental quality?

... both kinds of water rights, as in the California system, (11) or by importing elements of prior app... to property use rights--traditionally, easements. Part III examines the potential for takings litig... acquired a right to do so by grant, prescription or license. (249) In addition, in 1942, the Virgin...

• Environmental Law
• Vol. 42 Nbr. 1, January 2012

• The Cathedral Engulfed: Sea-Level Rise, Property Rights, and Time

Global climate change has and will lead to substantial rises in global sea levels. The now inevitable rise in sea levels poses new and difficult challenges to property rights and land-use regulation. Inundation and storm surges will physically destroy private and public property at great loss. But perhaps more fundamentally, the threats of such losses and the predictable efforts to contain them will call for new approaches to land-use regulation and strain traditional understandings of property rights in land. Neither the common law nor traditional notions of zoning contain legal resources adequate to cope with the economic, environmental, and human risks that sea-level rise will generate. New forms of regulation and shifts in the content of common law rules will generate novel claims o...

• Louisiana Law Review
• Nbr. 73-1, July 2012

• United States v. Little Lake Misere Land Co., 412 U.S. 580 (1973)

... that specified a 10-year period of prescription. The surface property was conveyed to the United S...Leiter Minerals, Inc. v. California Co., 241 La. 915, 132 So.2d 845 (1961). The Louisi... might include reservations, easements, . Page 412 U.S. 580, 598. and rights of way but ...

• U.S. Supreme Court

• Georgia v. South Carolina, 497 U.S. 376 (1990)

... sovereignty over the islands by prescription and acquiescence, as evidenced by its grant of the... District of Georgia to acquire an easement to enter upon "Barnwell Island," one of the island...See e.g., United States v. California, 381 U.S. 139 , 167-169 (1965); United States v. ...

• U.S. Supreme Court

• Private Rights in Public Lands: The Chicago Lakefront, Montgomery Ward, and the Public Dedication Doctrine

Led by a mayor determined to bring more activity to downtown Chicago and promote tourism, the City, in conjunction with a consortium of wealthy private donors, constructed a $370 million project known as Millennium Park in the northwest corner of Grant Park, directly opposite the site of Montgomery Ward's original catalog warehouse.7 Millennium Park features, among other things, a 130-foot-tall stainless-steel music pavilion designed by Frank Gehry, a multipurpose theater, a restaurant, and a pair of fifty-foot towers emitting water from faces on giant LED screens.8 The City obtained consents to the construction of Millennium Park from owners of property abutting the northwest corner of Grant Park, and these consents were held by a state court judge, in an unpublished order, to be an ef...

... and open spaces may be protected by easements or by covenants running with the land. But these s... estoppel, some of easements by prescription, and some of the law of trusts. As in the law of c... while at his winter home in Pasadena, California. He returned to Chicago to convalesce, but died of...

• Northwestern University Law Review
• Vol. 105 Nbr. 4, October 2011