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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]
A notice of proposed rulemaking (NPRM) is a public notice that is issued by law when a U.S. federal agency wishes to add, remove, or change a rule or regulation as part of the rulemaking process. The notice is an important part of US administrative law, which facilitates government by typically creating a process of taking of public comment.
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.
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.
One court has held that a federal agency can restrict individuals paddling on a stream, finding boating is not a "federally protected right". [9] This servitude does not extend beyond the navigable waterway below the ordinary high-water mark , [ 3 ] nor to the banks of a navigable stream.
The U.S. Forest Service on Wednesday withdrew its approval of a right-of-way permit that would have allowed the construction of a railroad project through about 12 miles (19 kilometers) of ...
"Institutional Settlement." As the name suggests, the legal process school was deeply interested in the processes by which law is made, and particularly in a federal system, how authority to answer various questions is distributed vertically (as between state and federal governments) and horizontally (as between branches of government) and how this impacts on the legitimacy of decisions.