public easement


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Related to public easement: Servient tenement, floating easement

public easement

n. the right of the general public to use certain streets, highways, paths or airspace. In most cases the easement came about through reservation of the right when land was deeded to individuals or by dedication of the land to the government. In some cases public easements come by prescription (use for many years) such as a pathway across private property down to the ocean. Beach access has been the source of controversy between government and private owners in many seaboard states. (See: easement, prescriptive easement)

References in periodicals archive ?
In both instances there was to be no compensation or payment to Dolan for these public easements.
The Supreme Court held that there was little benefit to Dolan directly from the public easements.
In both instances, there was to be no compensation or payment to Dolan for these public easements.
Chief Justice William Rehnquist, writing the majority opinion of the Court, introduced the rough proportionality requirement: There now had to be a rough proportionality between the grant of the development permit and the mandated, uncompensated public easements to be taken from Dolan.
In the 1950s and 1960s, the City of Warren planted thousands of trees on public easements between the sidewalk and the street curb in front of residents' homes.
In their push for forced access regulations, some telecom firms have claimed that private easements should be treated as public easements such that by admitting one telecom firm, owners have consented to the occupation of their property by other firms.
Most Wilderness Areas and other reserved lands are in public ownership or are protected by public easements on private lands.
But they also must clean the lines in public easements on private property.
Sometimes, city employees must work in fenced backyards to reach pipes in public easements.
The district is in the process of obtaining public easements so people can legally hike to the mountaintop, said Al Church, assistant general manager.

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