An easement gives someone a limited right to use another person’s property. When the government holds that right, the property owner still owns the underlying land. What the government can do on that land is defined by the easement’s terms and applicable law, not by what the government eventually decides it wants to do. The… Read more »
A government easement on private land does not transfer ownership. The property owner retains the underlying fee title. The government acquires only a limited right to use the land for a defined purpose. That distinction has real consequences. A property owner whose land is burdened by a government easement still owns the land. They may… Read more »
Last week the United States Supreme Court heard oral arguments in United States v. Apel — a case which has a number of free speech advocacy groups up in arms. But as Justice Scalia repeatedly pointed out during oral argument, the First Amendment is not at issue in the case. To understand this confusion, a… Read more »
The US Supreme Court will soon decide whether millions of property owners will maintain the ability to sue the government for regulatory takings arising under the Clean Water Act. Last June, a property owner filed a petition asking the Court to overturn the Federal Circuit Court of Appeal’s opinion in Mehaffy v. United States. In… Read more »
