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Updates from Current Issue


Land Use Law Report 2017 Volume 45 Number 3

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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 [...] Read More

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 [...] Read More

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 [...] Read More
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