easement by prescription new york

... 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"...

... 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. ...

... 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 ...

..., 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 ...

... a navigable river remains subject to an easement of navigation, which the general government can ... said in argument about the decisions in New York, it may be well here to refer to some of the ... . nature of a license, or prescription, of which he can be deprived for the benefit of ...

...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 ...

...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). . ...

... 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 ...

... of that neighborhood was offered an easement to pass through the barricade. (378) The city ... especially in states like California and New York, where state-level Environmental Policy Acts ... growth in conformity with the prescription in the 1922 plan through the use of deed ...

...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 ...

... 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 ...

... of way or other right, privilege or easement, not now in the power of said city to grant or ... Company, held at the company's office in New York, July 6, 1870, a resolution was adopted to the ... by the subject, either by patent or prescription, must not prejudice the jus publicum, wherewith ...

... 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 ...

... to a California Supreme Court decision about prescriptive easement. (117) Related to adverse possession, prescription is "the effect of lapse ...

... 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, ...

...'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 ...

...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 ...

... .         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 ...

..., 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 ...

... 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 ...

... 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 ...

...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 ...

...But many critics of Lochner v. New York (82) and related cases opposed those decisions ... exemption if it denied the government an easement to build a road over its sacred land. There is a ... a basis for rejecting this prescription."); Westen, supra note 223, at 542 ("Equality .. ...

... Medicare Prescription. Drug Benefit ... Right-of-Way and Right-of-Use and Easement Grants in the Outer Continental Shelf'' (Sep. 12, ..., Tobacco, Firearms, and Explosives, 99 New York Avenue NE, Washington, DC 20226, Phone: 202 ...

... acquisitive prescription. Charging interest greater than. ... of property or easements in Vermont, a time period that was. in ... Institutes of Justinian (New York: Longmans, Green,. 1910); Van Deuzer v. ...