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Land Use Law Report 2017 Volume 45 Number 3

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Takings: No Taking When Govt. Dumps Debris Into Easement Sinkhole

Friday, March 03, 2017

Facts: South Central Kentucky Properties, Inc. (South Central) owns a parcel in Kentucky that used to contain a cinder-block hotel and a sinkhole. Rain would pool in the sinkhole, creating a hazard. So when South Central began planning to demolish its hotel, it sent a letter to the Kentucky Energy and Environmental Cabinet (EEC) asking for permission [...]

Easements -- Energy: $8K Award Premature: It Was Based On Ambiguous Pipeline Easement

Friday, March 03, 2017

Facts: Darwin and Jean Krenz own the surface estate for land in North Dakota. XTO Energy, Inc. (XTO) owns the mineral rights to three portions of the Krenzes' property: A, B, and C. In 2007, the Krenzes had granted an easement to XTO's predecessor in interest. That easement authorized its owner to build a gas pipeline in section [...]

Nuisance: Wild Animals' Stench May Be Unpleasant, But It's Not A Public Nuisance

Friday, March 03, 2017

Birds also cover the bluffs with their waste, or ''guano.'' And, in 2013, the City's mayor declared that bird odors from ''cormorants, gulls, pigeons and pelicans'' were a public health hazard that required remediation. The City contracted with a company to treat the guano with a microbial cleaner that met all relevant environmental regulations. The microbial cleaner successfully eliminated guano [...]

Environmental: Building Bridge Through Park Was Reasonable Where Alternative Was More Harmful

Friday, March 03, 2017

Facts: The City of Port St. Lucie in Florida has needed a third vehicle bridge since at least 1980. The two that cross the North Fork St. Lucie River have been beyond traffic capacity for decades. Merely widening the bridges wouldn't relieve the traffic, and so, after much study and consultation, the City decided to build a third bridge in 2008. Only one location [...]

 
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