Supreme Court struck down a California Coastal Commission decision for a permit to demolish a smaller existing home and replace it with a three-bedroom house subject to a condition requiring dedication of a public easement
along the Nollans' beachfront lot because the condition lacked the required "essential nexus" between the public easement
condition and the burden to the public created by the development approval.
The city could keep a public easement
on it to retain access to the utilities, including natural gas, cable, fiber optic and sewer and stormwater lines, she said.
The charges against Meyer were dropped (she was filming from a public easement
), but in July 2013, a coalition of journalists and activists filed a civil suit against Utah's ag-gag law, alleging that it violates First Amendment rights.
The "public" element of a public easement
So long as it remains within the footprint of the public easement
and doesn't unreasonably infringe on other users' rights, transmitting electricity is an appropriate and legal use of a public road.
Hager said the town plans to work with the Manchaug Mill owners to obtain a public easement
for the trail to the east of Main Street, and extend it by the fire station to the northwest of Manchaug Road.
The project also entailed zoning hurdles, approvals for an additional story for the quadrant's four towers and the creation of a public easement
The court declined to find that the public had established a public easement
over a private ocean pier because of lack of adversity, (80) but stated that "[t]he general public may continue to use the dry sand area for their usual recreational activities, not because the public has any interest in the land itself, but because of a right gained through custom to use this particular area of the beach as they have without dispute and without interruption for many years." (81) Tona-Rama may have looked like major step toward universal beach access, but several years later in Reynolds v.
While the criminal case, which was dismissed on appeal, was pending, the Conatsers filed a civil suit seeking a declaration that the public easement
in state waters included the right to touch or walk upon the bottoms of public waters in unobtrusive ways.
The income tax deduction is equal to the value of the public easement
. Second, if the gift of the public easement
is made either during lifetime or at death, the donor will also be entitled to reduce the value of the land for federal estate tax purposes to take into consideration the effect of the gift on the fair market value of the property.
The deal came with a public easement
. And while closing the area off to all but pedestrian traffic was O.K.
* dedicate land (provide a public easement
) for a public greenway along Fanno Creek to minimize flooding that would be exacerbated by the additional development; and