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Updates from Current Issue


Land Use Law Report, Volume 45, Number 10

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Close Contract Reading Reveals That Utility Always Pays To Move Facilities To Accommodate New Railroad Tracks

Thursday, October 05, 2017
Facts: In 1990, MCI Communications Services, Inc. now doing business as Verizon Business Services (MCI) entered into a right-of-way agreement with Burlington Northern Railway (Burlington). That agreement conveyed to MCI a limited easement to use Burlington’s rail corridor for MCI’s fiber optic communication [...] Read More

Dam Owner Can Close Dam If It Damn Well Pleases

Thursday, October 05, 2017
Facts: Duke Energy Carolinas, LLC (Duke) owns and operates seven hydroelectric projects in North Carolina’s Nantahala and Tuckasegee River Basins. In 2004, Duke applied to the Federal Energy Regulatory Commission (FERC) to surrender its operating license for the Dillsboro Project, a dam and powerhouse located on the Tuckasegee [...] Read More

TN Telephone Utility Must Relocate Facilities At Its Own Cost Absent Pre-Arranged Reimbursement

Thursday, October 05, 2017
Facts: The Metropolitan Government of Nashville and Davidson County, Tennessee (Metro) maintains a system of streets, roads, parks and other public properties. Defendant BellSouth Telecommunications, Inc. (BST) provides telecommunications and other services in Davidson County and throughout Tennessee [...] Read More
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