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In Nollan v.California Coastal Commission, 483 U.S. 825 (1987), the United States Supreme Court ruled that a California Coastal Commission regulation which required private homeowners to dedicate a public easement along valuable beachfront property as a condition of approval for a construction permit to renovate their beach bungalow was unconstitutional.
An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. [2] In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. [3]
Currently, there are 36 states in the United States that have provided for statutory protection for solar easements through the enactment of specific laws recognizing and protecting solar easements. California was one of the first states to enact such a law, beginning with their solar incentives as far back as 1976.
Salahutdin, the Florida homeowner, sued the City of St. Petersburg in 2023 over a failure to record an easement on his property. The easement contains pipes that supply water to 360,000 residents.
If the landowner owns everything beneath the ground on his property, he may convey to another party the rights to mineral deposits under the land and other things requiring excavation, such as easements for buried conduits or for water wells. However, such a conveyance requires the recipient to prevent any damage to the surface of the land ...
Express easements are formed through a legal contract and are put into the deed of the property. Public easements, such as for sidewalks or utility lines, are created to benefit the public as a whole.
Jonathan Zasloff, a law professor at the University of California, Los Angeles stated that "The commission is the single most powerful land use authority in the United States given the high values of its jurisdiction and its high environmental assets." and that, because its members are appointed by the governor and the State Senate and Assembly ...
Meanwhile, PG&E says they’ve been telling D.R. Horton the requirements and status of the project since 2021, which includes securing an easement with a neighboring property owner, which D.R ...