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In 2019, northern Wisconsin’s Bad River Band of Lake Superior Chippewa sued the Canadian company to get the pipeline off its land as the right-of-way easement expired more than a decade ago.
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". [1]
'Merger is the absorption of a lesser estate by a greater estate, and takes place when two distinct estates of greater and lesser rank meet in the same person or class of persons at the same time without any intermediate estate.' "[1] Similarly, a merger doctrine extinguishes an easement by necessity to a landlocked piece of property once that ...
State law is contained in the Wisconsin Constitution and the various statutes enacted by the legislature. The interpretation of state law and its application in specific cases are undertaken by the Wisconsin Supreme Court, based in Madison, Wisconsin. The law of the Menominee also applies within the Menominee Indian Reservation. The "Laws of ...
Most states, including Tennessee, have easement laws, which allow someone to claim use of private property for a specific purpose. For example, if your driveway veers onto a neighbor's land, a new ...
The pipeline crosses 12 miles of the Bad River Band’s land in northern Wisconsin, even though the tribal council chose not to renew the right-of-way easement when it expired more than a decade ago.
If there is no buyout, then the law provides a preference for the court to order a partition in kind and divide the property, rather than order a sale. The law requires courts to take into account factors other than economic, such as the value of family heritage, historical value of the property, or the impact of the sale on those living on the ...
In 2018, the Wisconsin Department of Natural Resources under then-Gov. Scott Walker agreed to give Kohler a five-acre wetland plus a two-acre easement inside the state park.
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