easement by prescription new york
152 results for easement by prescription new york
-
vLex Rating
-
412 U.S. 580 (1973), 71-1459, United States v. Little Lake Misere Land Co.
... that specified a 10-year period of prescription. The surface property was conveyed to the United ... might include reservations, easements,. . and rights of way but that these were to ..., 302 U.S. 134 (1937); New York v. United States , 326 U.S. 572 (1946); RFC v. ...
-
152 U.S. 1 (1894), 787, Shively v. Bowlby
... acquired by express grant, or by prescription or usage, is in the King, subject to the public ... "injuries affecting lands," "including easements, interests, rights and privileges in, over or ...532; People v. New York" & Staten Island Ferry, 68 N.Y. 71. \xC2"...
-
Issues In Establishing An Easement Over Real Property
... was not entitled to an expansion of the easement, by prescription or otherwise. In an order dated April 7, 2016, the Supreme Court denied ... property abutting the water at 99 Hopping Avenue, Staten Island, New York. The defendants, Casey Robisky and Edward Robisky..own and occupy the ...
-
RPAPL Article 15: The Ubiquitous Real Estate Dispute 'Weapon Of Choice'
Article 15 of the New York Real Property Actions and Proceedings Law ... declaring that the plaintiff has an easement by necessity for ingress and egress over a ... adverse possession, an easement by prescription is established by clear and convincing proof of ...
-
Enforcing perpetual conservation easements against third-party violators.
... affirmative defenses of adverse possession and easement by prescription. (219) . The trial court granted a preliminary injunction against the ...2. Homeowner v. Surrounding Conservation Land . In Western New York Land Conservancy v. Cullen, a land trust that owned property protected by ...
-
Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2016
... Maine, New York Bight,. and ... the Agricultural Conservation Easement Program (ACEP), which provides financial and ... rule amends the DFARS to expand the prescription for use of Federal Acquisition Regulation (FAR) ...
-
Prescriptive easements: more than 'easements by adverse possession'.
...The court further noted that in either prescription or adverse possession, the right is acquired only by actual, continuous, ... the Fulsoms were building the road, the Scudders (who lived in New York) advised the Fulsoms that the road was in violation of their property ...
-
A new framework for assessing clinical data transparency initiatives.
...(134) This case concerned a New York law requiring landlords to permit cable companies ... occupation of Loretto's property--not an easement--and concluded that this occupation "is a taking ... prohibits speech about approved prescription drugs outside the drug's approved package insert, ...
-
566 F.3d 490 (5th Cir. 2009), 07-20409, Severance v. Patterson
... to prevent them from enforcing a public easement under the Texas Open Beaches Act, TEX. NAT. ... or easement to or over an area by prescription, dedication, or has retained a right by virtue of ... 12 In Coastal Indust. Water Auth. v. York, 532 S.W.2d 949 (Tex.1976), the Supreme Court's ...
-
FORTY- EIGHTH SELECTED BIBLIOGRAPHY ON COMPUTERS, TECHNOLOGY, AND THE LAW.
...Monahan & Zain Rizvi, A Prescription for Excessive Drug Pricing: . Leveraging ..., DraftKings, and Daily Fantasy Sports in New York and Massachusetts, 1 J. SPORTS& ENT. L. 277 ... New Technology to Monitor Conservation Easement Compliance, 45 REAL EST. L.J. 6 (Summer 2016). . ...
-
100 F.3d 1525 (Fed. Cir. 1996), 93-5067, Preseault v. United States
...Andrew Stephenson, New York City. Of counsel on the brief were Andrea C. ... 1899 transfers to the railroad created easements for use for railroad purposes; the fee estates ... necessary to prove an easement by prescription in Vermont. The Supreme Court of Vermont held ...
-
308 F.3d 1114 (10th Cir. 2002), 01-4111, First Unitarian Church of Salt Lake City v. Salt Lake City Corp.
... Civil Liberties Union Foundation, Inc., New York, N.Y. (Stephen C. Clark, American Civil Liberties ... by Salt Lake City on a public pedestrian easement retained by the City after the sale of a portion ... is established by dedication or prescription, or by the direct action of the public ...
-
New problems for subsidized speech.
... contributions (115) and the sale of prescription drug information, (116) for example. . But in ... from demanding surrender of an easement in return for building permit because the ... Kagan, JJ.) (citation omitted) (quoting New York v. United States, 505 U.S. 144, 169 (1992)); see ...
-
VESTED USE-PRIVILEGES IN PROPERTY AND COPYRIGHT.
... through adverse possession, prescriptive easement, or eminent domain. It is nevertheless quite ... by an owner of Y, (38) or else by prescription or condemnation. (39) These contingencies are ...(41.) Penn Cent. Transp. Co. v. City of New York, 438 U.S. 104, 123 (1978). . (42.) See ...
-
DEALING WITH ILLEGAL HOUSING: WHAT CAN NEW YORK CITY LEARN FROM SHENZHEN?
... to a California Supreme Court decision about prescriptive easement. (117) Related to adverse possession, prescription is "the effect of lapse ...
-
Why liberating the public trust doctrine is bad for the public.
... These rights existed in the nature of an easement or servitude without regard for ownership of the ... grantor in the chain of title (the Duke of York, who had acquired title by grant from the King) ... common law doctrines: custom, public prescription, and public trust. (88) These doctrines arose, ...
-
575 F.3d 616 (6th Cir. 2009), 08-3148, Rutherford v. Columbia Gas
...'s ability to maintain its pipeline easement by clearing certain trees from her land, but her ... that, unlike an easement obtained by prescription, an easement created by an express grant is not ...595 (1926))); Massachusetts v. New York, 271 U.S. 65, 95, 46 S.Ct. 357, 70 L.Ed. 838 ...
-
197 U.S. 544 (1905), 99, Muhlker v. New York & Harlem Railroad Company
...An abutting owner cannot be deprived of his easements of light and air above the surface of the street without compensation ... upon which the structure complained of stands by deed and by prescription. The details of these contentions [25 S.Ct. 525] we need not repeat nor ...
-
Regulatory Agenda Semiannual Regulatory Agenda, The Regulatory Plan
...Final Rule Stage 91. Electronic Prescriptions for Controlled Substances. 1117-AA61. Final Rule ... financial assistance and conservation easement programs, including the Agricultural Management ... more than $430 million to the State of New York for wastewater infrastructure projects that will ...
-
Government-provided Internet access: terms of service as speech rules.
..., 2013, then-Mayor Michael Bloomberg of New York City announced the largest continuous free ...) Forum doctrine comes from the theory of easement: when the public openly uses public space for ... earns a type of speech easement by prescription, which remains available for subsequent members ...
-
470 U.S. 226 (1985), 83-1065, County of Oneida, New York v. Oneida Indian Nation
... . Moreover, the common law developed prescription doctrines that terminated the vendor's power to avoid a void conveyance in ... (damages available against railroad that failed to acquire lawful easement or right-of-way over Indian reservation); Edwardsen v. Morton, 369 ...
-
What the public trust doctrine can teach us about the police power, Penn Central, and the public interest in natural resource regulation: a tribute to Joe Sax.
..., ecological integrity; (1) and a "public easement" to float on all waters of the state, regardless ...v City of New York (Penn Central) (51) regulatory takings analysis ... fish for salmon based on custom and prescription. (212) . The Oregon Supreme Court denied the ...
-
Airspace and the takings clause.
... rule for veiled takings of airspace easements. Takings laws ultimately influence the allocation ... easements can be attained by prescription. (232) Statutes of limitations would also ...Cent. Transp. Co. v. City of New York, 438 U.S. 104 (1978). . (4.) For detailed ...
-
Public accommodations under the Civil Rights Act of 1964: why freedom of association counts as a human right.
... association." (91) Similarly, in New York State Club Ass'n v. City of New York, the Supreme ... from the Boy Scouts was some form of an "easement" to join their organization. (100) An easement ...(135) But as with prescription, the right should only go as far as the ...
-
986 F.2d 624 (2nd Cir. 1993), 92-7698, County of Westchester, N.Y. v. Commissioner of Transp. of State of Conn.
...1993). COUNTY OF WESTCHESTER, NEW YORK, Plaintiff-Appellee,. v. COMMISSIONER OF ... the airport had acquired a prescriptive easement entitling it to use and maintain the airspace it ...[also] can be acquired by prescription." Id. at 1205, 1207. Having established the ...