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Therefore, when the United States patented land to Brandt subject to the railroad right-of-way, without explicitly reserving any interest in the right-of-way, it gave up any future interest in the railroad corridor. In this case, the railroad's easement was extinguished upon abandonment, leaving Brandt's land unburdened. [4]: slip op. at 10–11
Normally, when the use for an easement is abandoned, the easement is extinguished and the land is not burdened by this adverse use. In 1983, Congress passed what is now known as the federal Rails-To-Trails law codified as 16 U.S.C. 1247(d). The federal law took the property rights of property owners throughout the United States for rail trails.
For example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an affirmative easement from B. Conversely, a negative easement might restrict land owner A from putting up a wall of trees that would block the adjacent land owner B's mountain view. A is subject to a negative easement from B.
The easement contains pipes that supply water to 360,000 residents. The problem is that those pipes are now nearly 100 years old, so a rupture could happen at any time, resulting in untold damages.
Right of way drawing of U.S. Route 25E for widening project, 1981 Right of way highway marker in Athens, Georgia Julington-Durbin Peninsula power line 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.
Public easements, such as for sidewalks or utility lines, are created to benefit the public as a whole. This is likely the type of easement TVA will pursue, and is generally permitted in Tennessee.
General Land Office Easements (also known as "government land office easements," and "GLO easements") were legal mechanisms which created right of way to ensure future access through, and to the interior of, lots or parcels created by the U.S. Small Tract Act of 1938, (52 Stat. 609, amended 1948, 62 Stat. 476; Not to be confused with the much later "Small Tracts Act" of 2002 which is ...
The public trust doctrine also finds expression in the Great Pond law, a traditional right codified in case law and statutes in Massachusetts, Maine, and New Hampshire. [13] The state is said to own the land below the low water mark under great ponds (ponds over ten acres), and the public retains in effect an access easement over unimproved ...