easement by prescription new york

... in it have been acquired by express grant, or by prescription or usage, is in the King, subject to the public rights of ... compensation for "injuries affecting lands," "including easements, interests, rights and privileges in, over or affecting lands." ...Paterson & Newark Railroad, 34 N.J.L. 532; People v. New York & Staten Island Ferry, 68 N.Y. 71.         The leading ...

... Maine, New York Bight,. and Chesapeake Bay. ... Service (NRCS) administers the Agricultural Conservation Easement Program (ACEP), which provides financial and technical assistance ...D035). This rule amends the DFARS to expand the prescription for use of Federal Acquisition Regulation (FAR) clause 52.245-1, ...

... landowners, asserted affirmative defenses of adverse possession and easement by prescription. (219) . The trial court granted a preliminary injunction against the defendants, and at trial a ...(256) . 2. Homeowner v. Surrounding Conservation Land . In Western New York Land Conservancy v. Cullen, a land trust that owned property protected by a conservation easement ...

...On December 10, 2013, then-Mayor Michael Bloomberg of New York City announced the largest continuous free outdoor public WiFi ...(35) Forum doctrine comes from the theory of easement: when the public openly uses public space for communication, it arns a type of speech easement by prescription, which remains available for subsequent members of the public to ...

...The court further noted that in either prescription or adverse possession, the right is acquired only by actual, continuous, uninterrupted use by the ...Upon learning that 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 rights. The Scudders had a ...

...(297) Under what is called the " internalization prescription for government jurisdiction," authority to govern natural ...New York, 283 U.S. 336, 343 (1931))). . (66) See generally Fitzmaurice, ...Haddaway, Note, Water Rights--Is a Water Right an Easement?, 7 TEX. L. REV. 453, 468 (1929). . (83) Henry E. Smith, ...

...(134) This case concerned a New York law requiring landlords to permit cable companies to install ... physical occupation of Loretto's property--not an easement--and concluded that this occupation "is a taking without regard ... regime generally prohibits speech about approved prescription drugs outside the drug's approved package insert, unless ...

... relief to prevent them from enforcing a public easement under the Texas Open Beaches Act, TEX. NAT. RES.CODE ANN. § ... a right of use or easement to or over an area by prescription, dedication, or has retained a right by virtue of continuous ...29, 36 (1850)). 12 In Coastal Indust. Water Auth. v. York, 532 S.W.2d 949 (Tex.1976), the Supreme Court's analysis of ...

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

Article 15 of the New York Real Property Actions and Proceedings Law provides that: "Where a ... 15 for a judgment declaring that the plaintiff has an easement by necessity for ingress and egress over a portion of certain ... Similar to adverse possession, an easement by prescription is established by clear and convincing proof of the adverse, open ...

... Lopez, American Civil Liberties Union Foundation, Inc., New York, N.Y. (Stephen C. Clark, American Civil Liberties Union of Utah ... activity by Salt Lake City on a public pedestrian easement retained by the City after the sale of a portion of a downtown ... whether a highway is established by dedication or prescription, or by the direct action of the public authorities, the public ...

... possession was partly attributed to a California Supreme Court decision about prescriptive easement. (117) Related to adverse possession, prescription is "the effect of lapse of time in creating or ...

...Isaacs, Washington, DC, and J. Andrew Stephenson, New York City. Of counsel on the brief were Andrea C. Ferster, General ... finding that the 1899 transfers to the railroad created easements for use for railroad purposes; the fee estates remained with the ... statutory period necessary to prove an easement by prescription in Vermont. The Supreme Court of Vermont held that the hostile, ...

...(47) These rights existed in the nature of an easement or servitude without regard for ownership of the submerged lands. ... that the original grantor in the chain of title (the Duke of York, who had acquired title by grant from the King) held sovereign ... via three common law doctrines: custom, public prescription, and public trust. (88) These doctrines arose, Rose speculates, ...

...An abutting owner cannot be deprived of his easements of light and air above the surface of the street without compensation because the structure ... assert title to the land 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 discuss. They are stated at ...

... Corporation's ability to maintain its pipeline easement by clearing certain trees from her land, but her appeal comes to ...), to conclude that, unlike an easement obtained by prescription, an easement created by an express grant is not subject to the ...290, 70 L.Ed. 595 (1926))); Massachusetts v. New York, 271 U.S. 65, 95, 46 S.Ct. 357, 70 L.Ed. 838 (1926) (" Long ...

... unusually, ecological integrity; (1) and a "public easement" to float on all waters of the state, regardless of bed ...v City of New York (Penn Central) (51) regulatory takings analysis is particularly ... right to fish for salmon based on custom and prescription. (212) . The Oregon Supreme Court denied the claim for several ...

... of its proposed rule for veiled takings of airspace easements. Takings laws ultimately influence the allocation of scarce ... held that avigation easements can be attained by prescription. (232) Statutes of limitations would also preclude many claims .... (3.) See Penn. Cent. Transp. Co. v. City of New York, 438 U.S. 104 (1978). . (4.) For detailed examples of such ...

... of mineral rights that specified a 10-year period of prescription. The surface property was conveyed to the United States in 1936, ... that land acquisitions might include reservations, easements,. . and rights of way but that these were to be subject to ...Dravo Contracting Co. , 302 U.S. 134 (1937); New York v. United States , 326 U.S. 572 (1946); RFC v. Beaver County , ...

... "freedom of expressive association." (91) Similarly, in New York State Club Ass'n v. City of New York, the Supreme Court, speaking ... Dale sought from the Boy Scouts was some form of an "easement" to join their organization. (100) An easement only allows ...(135) But as with prescription, the right should only go as far as the established social ...

... 986 F.2d 624 (2nd Cir. 1993). COUNTY OF WESTCHESTER, NEW YORK, Plaintiff-Appellee,. v. COMMISSIONER OF TRANSPORTATION OF ... principally that the airport had acquired a prescriptive easement entitling it to use and maintain the airspace it needed to keep ...[also] can be acquired by prescription." Id. at 1205, 1207. Having established the availability of ...

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

... New Jersey v. New York, 523 U.S. 767, 807. Maryland has not carried her burden. As the ... held that Virginia had gained ownership by prescription of the soil up to the low-water mark, id. at D-18. In the same ..., parallel to that at issue in a case of an overburdened easement, is no reason to deny its plain language or the accepted ...

... acquisitive prescription. Charging interest greater than. one-twelfth of the ... of property or easements in Vermont, a time period that was. in place from the ... Institutes of Justinian (New York: Longmans, Green,. 1910); Van Deuzer v. Gordon’s Estate, ...

... Medicare Prescription. Drug Benefit Programs. ... Holders of Pipeline Right-of-Way and Right-of-Use and Easement Grants in the Outer Continental Shelf'' (Sep. 12, 2016);. ... Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Avenue NE, Washington, DC 20226, Phone: 202 648-7070. RIN: ...