This site seems to give the best explanation.I've been looking for property to buy, and I saw one that states "deeded easement to property makes a very private setting. Copy of easement available on request."
What on earth does this mean? In layman terms, please. I've tried googling it, but I'm getting confused.
My favorite charity is the Civil War Trust. They buy historically significant land to preserve it. Sometimes, they do not buy the property,only an easement, which, the organization assures donors, means the property cannot be developed without permission of the owners of the easement (i.e. CWT, who will never sell an easement). In other words, the property cannot be turned into strip malls and housing developments. If it is currently farmland, it will stay farmland.I've been looking for property to buy, and I saw one that states "deeded easement to property makes a very private setting. Copy of easement available on request."
What on earth does this mean? In layman terms, please. I've tried googling it, but I'm getting confused.
I imagine so. Pay no attention to Tidewater. He wants to blame the feds for everything. Eminent domain is usually state and local. Mostly local. Sometimes not even governmental.
That is true. Most of what the Federal government does is patently, deliberately and with malice aforethought unconstitutional, but you are correct, most Eminent Domain cases are in state courts. It is just that state courts tend more to be bound by the Constitutions. The Federal judiciary just does whatever the heck it feels like doing, with no constitutional basis whatsoever, then scans the document for some plausible lie that allegedly authorizes the decision the judge wanted to make in the first place.
This is correct. All of the old cases say that the width is that which will allow the passage of a horse and buggy, if not otherwise specified. Not many, other than lawyers, know it, but, if you're landlocked in Alabama, you have a right of private condemnation over your neighbors to the nearest public road. It takes a legal proceeding to do it and, of course, you have to pay market price plus whatever damages your ingress/egress may have cause to the lands you cross...
That is very interesting. Most people don't realize that private condemnation even exists. Companies can sometimes take your land to expand. This came up in the 1990's when the world's largest pipeline company wanted to come through our neck of the woods. Private condemnation is filed through the local Probate Judge.
Not surprising. It's called an "easement of necessity." I doubt they could have carried that burden...
I need to retract my statements partially. I think that public utilities, like gas companies, have their own condemnation statute, independent of the individual "easement of necessity" statute. I haven't looked at it in a long time, but I will...
