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Marvin Brandt Revocable Trust v. United States, 572 U.S. 93 (2014), was a United States Supreme Court case in which the Court held that a railroad right-of-way granted under the General Railroad Right-of-Way Act of 1875 is an easement.
Railroad easement. Utility easement, including: Storm drain or storm water easement. An easement to carry rainwater to a river, wetland, detention pond, or other body of water. Sanitary sewer easement. An easement to carry used water to a sewage treatment plant. Electrical power line easement. Telephone line easement. Fuel gas pipe easement ...
Right of way drawing of U.S. Route 25E for widening project, 1981 Right of way highway marker in Athens, Georgia Julington-Durbin Peninsula power line right of way. A right of way (also right-of-way) is a transportation corridor along which people, animals, vehicles, watercraft, or utility lines travel, or the legal status that gives them the right to do so.
Courts have applied state laws, federal laws, and federal land court rulings to resolve RS 2477 claims. Recent examples of failed attempts to assert RS 2477 rights on private property are Galli v. Idaho County (Case Number CV 36692, Second Judicial District of Idaho, 2006) [ 10 ] and Ramey v.
Normally, when the use for an easement is abandoned, the easement is extinguished and the land is not burdened by this adverse use. In 1983, Congress passed what is now known as the federal Rails-To-Trails law codified as 16 U.S.C. 1247(d). The federal law took the property rights of property owners throughout the United States for rail trails.
Dealing with easement disputes. Easement laws can be complex, especially for those related to utility companies. But know that through eminent domain, federal law allows the government to seize ...
The easement contains pipes that supply water to 360,000 residents. The problem is that those pipes are now nearly 100 years old, so a rupture could happen at any time, resulting in untold damages.
Southern Pacific Railroad Company, 118 U.S. 394 (1886), is a corporate law case of the United States Supreme Court concerning taxation of railroad properties. The case is most notable for a headnote stating that the Equal Protection Clause of the Fourteenth Amendment grants constitutional protections to corporations.