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The repeal was subject to "valid existing rights." The relevant text (Sec. 701. 43 U.S.C. 1701) reads (a) "Nothing in this Act, or in any amendment made by this Act, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on the date of approval of this Act". [1]
Right of way drawing of U.S. Route 25E for widening project, 1981 Right of way highway marker in Athens, Georgia Julington-Durbin Peninsula Powerline 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.
If the railway ran predominantly north and south, a 10-mile (16 km) township of one square mile sections was allotted on each side of the 400-foot (120 m) right-of-way. The land was granted in alternating sections (one square mile), with each odd numbered section going to the railroad company and each even numbered section kept by the government.
See also, Right of way (property access) The following rights are recognized of an easement: Right to light, also called solar easement. The right to receive a minimum quantity of light in favour of a window or other aperture in a building which is primarily designed to admit light. Aviation easement. The right to use the airspace above a ...
The "polestar" of regulatory takings jurisprudence is Penn Central Transp. Co. v.New York City (1973). [3] In Penn Central, the Court denied a takings claim brought by the owner of Grand Central Terminal following refusal of the New York City Landmarks Preservation Commission to approve plans for construction of 50-story office building over Grand Central Terminal.
Navigable servitude is a doctrine in United States constitutional law that gives the federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article I, Section 8 of the constitution.
There are two main views on the right to property in the United States, the traditional view and the bundle of rights view. [6] The traditionalists believe that there is a core, inherent meaning in the concept of property, while the bundle of rights view states that the property owner only has bundle of permissible uses over the property. [1]
In designating an NIETC corridor, the DOE does not specify preferred routes for projects, just the general region where such projects are eligible for federal permits. Further, DOE did not exclude federal or state lands from the regions since right of eminent domain by a FERC permit would not apply to them.
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