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LexisNexis Community Staff
5th Circuit Finds No Federal Preemption In Railroad Crossing Dispute

NEW ORLEANS - Reversing a panel's decision, the Fifth Circuit U.S. Court of Appeals majority concluded in an en banc decision on Jan. 6 that a land owner's state law action regarding a railroad crossing right of way is a state property action...

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LexisNexis Community Staff
Federal Judge In Montana: Landowner Didn't Establish A Right To Build Driveway

MISSOULA, Mont. - Finding that a property owner's due process and equal protection rights were not violated by a municipality when it denied the land owner's permit to build a driveway, a federal judge in Montana granted the municipality's...

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LexisNexis Community Staff
Calif. Panel Affirms Easement That Property Owner Openly And Notoriously Used

LOS ANGELES - In an unpublished opinion issued Jan. 22, a California appeals panel affirmed a finding that a property owner had a prescriptive easement to use a water pipeline over his neighbors' properties because he had openly and notoriously done...

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LexisNexis Community Staff
Washington Panel Says Recorded Covenant Gives Neighbors Right To Use Dock

SEATTLE - In an unpublished opinion affirming in part a trial court decision that certain property owners could not deny their neighbors' use of a dock on a lake, a Washington appeals panel on Jan. 19 said the clear intent of the grantor of the easement...

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LexisNexis Community Staff
Calif. Panel: Landowner Forfeited Argument By Ignoring Opposing Testimony

SACRAMENTO, Calif. - In an unpublished opinion affirming a lower court's decision to restrict the area of a property owner's implied easement claim, a California appeals panel held Jan. 5 that by ignoring certain credible testimony the property...

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LexisNexis Community Staff
Land Value Expert Did Not Consider Other Uses, Tennessee Federal Judge Says

NASHVILLE, Tenn. - A land valuation expert's assessment of damage to a property on which a gas line will run must be excluded because it is based on a purely speculative assumption that the land will be developed into a specific number of residential...

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