Land Use Law Report
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Updates from Current Issue


Land Use Law Report, Volume 47, Number 1

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City Lacked Authority to Condemn Land for Suburban Park

Wednesday, January 09, 2019
Facts: In 2000, Sherry Harnish (Harnish) purchased a five acre parcel of property (the Property) outside the Phoenix city limits. The following year, the Phoenix City Council adopted an ordinance authorizing the acquisition of land --- including the Property --- for a nature preserve (the Preserve). In 2003 --- after unsuccessfully [...] Read More

Everybody Files Motion to Intervene on The Steens

Wednesday, January 09, 2019
The county, private landowners, and Native Americans all wanted a piece of the action when the Oregon Natural Desert Association (ONDA) filed suit against the U.S. Bureau of Land Management (BLM) over the management of Steens Mountain. Each party filed a motion to intervene in the action alleging BLM violated the National Environmental Protection Act [...] Read More

No Easement Granted to Owner Landlocked by National Park

Wednesday, January 09, 2019
A district court determined that no easement by necessity existed for the owner of property completely surrounded by Glacier National Park. Prohibition of year-round motorized access was a necessary environmental and recreational policy, said the court, and the landowner could ski or use snowshoes to access his property during the winter months. [...] Read More
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