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)

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The earlier Nollan decision had found that an "essential nexus" was not to be found when the government simply wanted a public easement in exchange for building a private residence.
Property rights and regulatory takings: a controversy for the accounting profession
The city would gain a permanent public easement in which Dolan would lose all control of the land in the easement.
The court limits land use regulation: the significance of Dolan v. City of Tigard to landowners and policy-makers
In both instances, there was to be no compensation or payment to Dolan for these public easements. In effect, the property was taken for public and environmental uses at no cost to the city, public, or taxpayers.
The legal doctrine of regulatory takings: an evolving issue
At a House Ways and Means Committee hearing on Monday, Stewart argued that the tax rate cable providers pay is justified because they use the resources of a local municipality - such as public easements - to deliver their service.
Cable and Satellite Providers Square Off Over Tax Break
It is quite another to use custom as a means of rewriting the jurisdiction's general property law, and, with one stroke of the judicial brush, to declare public easements in the entirety of the state's beaches.
Littoral rights under the takings doctrine: the clash between the ius naturale and Stop the Beach Renourishment
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.
Forced Access
Most Wilderness Areas and other reserved lands are in public ownership or are protected by public easements on private lands.
The public forests of tomorrow

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