Right of Way and Utility Easement
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Right-Of-Way
HD-1301 Chapter RIGHT-OF-WAY Subject General Information GENERAL: The procurement of right of way to widths that accommodate the construction, adequate drainage, and proper maintenance of the highway is a very important part of the overall project. Adequate right-of-way widths permit the construction of gentle slopes, resulting in more safety for the motorist and allowing easier and more economical maintenance. Traffic requirements, topography, environmental issues, utilities, land use, costs, intersection design, and extent of ultimate expansion influence the width of right of way for the complete development of a roadway. RIGHT-OF-WAY WIDTH: Right of way should be of sufficient width to accommodate construction and the continued maintenance and operation of the facility. Avoiding right-angle breaks in the right-of-way line and irregularities in widths facilitates maintenance operations and fencing and optimizes land use. Consider the use of curb-and-gutter sections in urbanized areas for the reduction of right-of-way widths and compatibility with adjacent development. The use of right of way, permanent easements, and temporary easements should be determined on a site-specific basis in order to facilitate the construction, operation, and maintenance of the facility and adjacent land use. Typically, permanent right of way should be acquired to the back edge of the berm on curb-and-gutter projects with easements used for that portion beyond the right of way for construction, operation, and maintenance of drainage structures. EASEMENTS: It is common practice to use two types of easements on proposed highway projects: temporary and permanent. Temporary Easement—A temporary easement is the use of a tract of land for a specified time duration (typically the duration of construction), with the land reverting to the owner’s exclusive use at the end of the period. -
Community Property V. the Elective Share, 72 La
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Louisiana State University: DigitalCommons @ LSU Law Center Louisiana Law Review Volume 72 | Number 1 The Future of Community Property: Is the Regime Still Viable in the 21st Century? A Symposium Fall 2011 Community Property v. The lecE tive Share Terry L. Turnipseed Repository Citation Terry L. Turnipseed, Community Property v. The Elective Share, 72 La. L. Rev. (2011) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol72/iss1/8 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Community Property v. The Elective Share Terry L. Turnipseed I. INTRODUCTION There is certainly no doubt that community property has its faults. But, as with any flawed thing, one must look at it in comparison with the alternatives: separate property and its companion, the elective share. This Article argues that the elective share is so flawed that it should be jettisoned in favor of community property.' The elective share can trace its ancestry to dower and curtesy, with the concept of dower dating to ancient times.2 In old England, a widowed woman was given a life estate in one-third of certain of her husband's real property-property in which the husband held an inheritable or devisable interest during the marriage.3 Once dower attached to a parcel of land at the inception of the marriage, the husband could not unilaterally terminate it by transferring the land.4 The right would spring to life upon the husband's death unless the wife had also consented to the transfer by signing the deed, even if title were held in only the husband's name.5 Copyright 2011, by TERRY L. -
2021 State of Utah Uniform Fine Schedule
2021 UNIFORM FINE SCHEDULE INTENT It is the intent of the Uniform Fine Schedule to assist the sentencing judge in determining the appropriate fine to be imposed as a condition of the sentence in a particular case and to minimize disparity in sentencing for similar offenses and offenders. This schedule is not intended to supplant or to minimize a court’s authority to impose a just sentence. APPLICABILITY These guidelines shall apply to all courts of record and not of record whenever a criminal fine may be imposed. In determining whether a fine is appropriate to impose as a condition of the sentence for a public offense, a judge should consider several factors, including aggravating and/or mitigating circumstances set forth in the Sentencing And Release Guidelines, Tab 6, the cumulative effect of probation conditions, and the ability of the defendant to pay. The amounts listed in the Uniform Fine Schedule may be used as a starting point for setting monetary bail as a condition of pretrial release, however, an individual’s ability to pay must be considered consistent with Appendix J of the Code of Judicial Administration. In those parking, traffic, and infraction cases where the defendant is not required to appear and is mailed a citation indicating the fine amount, pursuant to Utah Code of Judicial Administration Rule 4-701, the amount may be increased $50 if the defendant fails to appear or to pay within fourteen days after receiving the citation. The amount may be increased by an additional $75 if the defendant fails to appear or to pay within forty days after receiving the citation. -
Policy Makers Guide to Women's Land, Property and Housing Rights Across the World
POLICY MAKERS GUIDE TO WOMEN’S LAND, PROPERTY AND HOUSING RIGHTS ACROSS THE WORLD UN-HABITAT March 2007 POLICY MAKERS GUIDE TO WOMEN’S LAND, PROPERTY AND HOUSING RIGHTS ACROSS THE WORLD 1 Copyright (C) United Nations Human Settlements Programme (UN-HABITAT), 2006 All Rights reserved United Nations Human Settlements Programme (UN-HABITAT) P.O. Box 30030, Nairobi, Kenya Tel: +254 20 7621 234 Fax: +254 20 7624 266 Web: www.unhabitat.org Disclaimer The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning delimitation of its frontiers or boundaries, or regarding its economic system or degree of development. The analysis, conclusions and recommendations of this publication do not necessarily reflect the views of the United Nations Human Settlements Programme, the Governing Council of the United Nations Human Settlements Programme, or its Member States. Acknowledgements: This guide is written by M. Siraj Sait, Legal Officer, Land, Tenure and Property Administration Section, Shelter Branch, UN-HABITAT and is edited by Clarissa Augustinus, Chief, Land, Tenure and Property Administration Section, Shelter Branch. A fuller list of credits appears as an appendix to this report. The research was made possible through support from the Governments of Belgium, Italy, the Netherlands and Norway. Further Information: Clarissa Augustinus, Chief Land, Tenure and Property Administration Section, Shelter Branch, United Nations Human Settlements Programme (UN-HABITAT) P.O. Box 30030 Nairobi 00100, Kenya E-mail: [email protected] Web site: www.unhabitat.org 2 POLICY MAKERS GUIDE TO WOMEN’S LAND, PROPERTY AND HOUSING RIGHTS ACROSS THE WORLD TABLE OF CONTENTS GLOSSARY OF TERMS ..................................................................................................................................... -
Law Enforcement & Legal Elements Necessary for Prosecution
Partnership to Combat Critical Infrastructure Copper Theft Webinar Law Enforcement & Legal Elements Necessary for Prosecution February 28, 2012 Roxann M. Ryan, J.D., Ph.D. Iowa Department of Public Safety Division of Intelligence & Fusion Center The theft of copper and other precious metals is hardly new,1 although the targets have changed over time. As copper prices have reached all-time highs, burglars and thieves are accessing new sources of metal. The criminal charges available also have changed over time. In 2011, the Iowa legislature amended two statutes to specifically address the potential risk to public-utility critical infrastructure. What began as House File 299 during the 2011 Iowa legislative session became law on July 1, 2011. That legislation consisted of two primary initiatives: (1) Local ordinances are authorized.2 Municipalities and counties can pass ordinances to require salvage dealers to maintain complete records of their supplies. Failure to comply can result in a suspension or revocation of the salvage dealer’s permit or license. (2) Penalties are increased for trespass on public utility property.3 It is a class “D” felony to trespass on public utility property, which carries a sentence of up to 5 years in prison and a fine of $7500. The options for criminal charges include far more than these two additions. Copper thieves typically commit one or more of the following crimes: Burglary 713.6A. Burglary in the third degree 1. All burglary which is not burglary in the first degree or burglary in the The elements of Burglary are as second degree is burglary in the third degree. -
Duke Environmental Law & Policy Forum
Duke Environmental Law & Policy Forum Spring, 1998 8 Duke Env L & Pol'y F 209 ECONOMIC INCENTIVES AND LEGAL TOOLS FOR PRIVATE SECTOR CONSERVATION Ian Bowles, * David Downes, ** Dana Clark, *** and Marianne Guerin-McManus **** * Vice President and Director of Policy Department, Conservation International. ** Senior Attorney with the Center for International Environmental Law. *** Senior Attorney with the Center for International Environmental Law. **** Director of Conservation Finance Program, Conservation International. SUMMARY: ... At the same time, public concern about environmental issues like clean drinking water, overconsumption of natural resources, and worldwide loss of tropical forests has grown explosively and led policymakers to devote more attention to these issues. ... In most jurisdictions, a conservation easement is created when the landowner transfers some or all rights to develop the property to a government agency or qualified conservation non-governmental organization (NGO); the landowner can maintain certain uses but cannot legally take actions inconsistent with the terms of the conservation easement. ... To encourage donations of conservation easements, a number of jurisdictions specifically provide that a conservation easement qualifies as a charitable contribution, enabling a landowner to deduct its value from her taxable income. ... This provision has proven to be a significant incentive for conservation of biodiversity. ... One method for capturing at least some of the many costs of timber extraction is a user fee. ... Recreation, though not as destructive as extractive resource development, has environmental consequences. ... When a landowner donates a conservation easement, or enters into a conservation agreement, ensure that the landowner's property is taxed at a rate according to its current market value (its value subject to the easement or the agreement), rather than its potential development value. -
Right of Way Manual
Right of Way Manual Office of Land Management Updated 07/26/2018 General Index 100 Pre-Acquisition 200 Appraisals 300 Acquisition 400 Relocation Assistance Program 500 Property Management 800 Special Procedures Table of Contents 100 Pre-Acquisition ...................................................................................................................................1 101 Initial Program Development Process ........................................................................................................1 101.1 Background .........................................................................................................................................1 101.2 Policy ...................................................................................................................................................1 101.3 Procedures ..........................................................................................................................................1 102 Project Numbers and Right of Way State Project Numbers .......................................................................3 102.1 Policy ...................................................................................................................................................3 102.2 Procedure ...........................................................................................................................................3 103 Base Maps...................................................................................................................................................4 -
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg Ownership Rights (In Property) 3 Real vs Personal Property 5 . Personal Property 5 . Real Property 6 . Components of Real Property 6 . Subsurface Rights 6 . Air Rights 6 . Improvements 7 . Fixtures 7 The Four Tests of Intention 7 Manner of Attachment 7 Adaptation of the Object 8 Existence of an Agreement 8 Relationships of the Parties 8 Ownership of Plants and Trees 9 Severance 9 Water Rights 9 Appurtenances 10 Interest in Land 11 Estates in Land 11 Allodial System 11 Kinds of Estates 12 Freehold Estates 12 Fee Simple Absolute 12 Defeasible Fee 13 Fee Simple Determinable 13 Fee Simple Subject to Condition Subsequent 14 Fee Simple Subject to Condition Precedent 14 Fee Simple Subject to an Executory Limitation 15 Fee Tail 15 Life Estates 16 Legal Life Estates 17 Homestead Protection 17 Non-Freehold Estates 18 Estates for Years 19 Periodic Estate 19 Estates at Will 19 Estate at Sufferance 19 Common Law and Statutory Law 19 Copyright by Tony Portararo REV. 08-2014 1 REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Types of Ownership 20 Sole Ownership (An Estate in Severalty) 20 Partnerships 21 General Partnerships 21 Limited Partnerships 21 Joint Ventures 22 Syndications 22 Corporations 22 Concurrent Ownership 23 Tenants in Common 23 Joint Tenancy 24 Tenancy by the Entirety 25 Community Property 26 Trusts 26 Real Estate Investment Trusts 27 Intervivos and Testamentary Trusts 27 Land Trust 27 TEST ONE 29 TEST TWO (ANNOTATED) 39 Copyright by Tony Portararo REV. -
Texas Community Property Law: Conservative Attitudes, Reluctant Change
TEXAS COMMUNITY PROPERTY LAW: CONSERVATIVE ATTITUDES, RELUCTANT CHANGE JOSEPH W. MCKNIGHT* I INTRODUCTION Reform of Texas family property law has been significantly restrained by the conclusion of the Supreme Court of Texas in 1925 that the marital property system is constitutionally defined.' If the court felt that recourse to the state constitution was required to save the underlying doctrine of Texas marital property from being subverted by ill-conceived legislative efforts to improve the legal lot of married women,2 it may have been correct. A major tenet of the system was thereby preserved,3 and subsequent pressures for legislative change were removed due to reduced legislative power. Without the decision of 1925, however, the system could have been developed very differently. While Texans have gradually lifted most fundamental inhibitions by amending the constitution itself, the Texas Supreme Court's failure to formulate consistent principles of matrimonial property law has encouraged resort to statutory reform as the principal means of legal modernization. On its face, the Texas Constitution gave no hint of the interpretation put upon it in 1925. It seemed merely to define the wife's separate property.4 But before the language of the constitution was formulated in 1845, a correlative relationship between Copyright © 1993 by Law and Contemporary Problems *Professor of Law and Larry and Jane Harlan Faculty Fellow, Southern Methodist University. The author thanks his literary partner, William A. Reppy, Jr., for his advice in preparing this essay for publication. 1. Arnold v. Leonard, 273 S.W. 799 (Tex. 1925); Gohlman, Lester & Co. v. Whittle, 273 S.W. -
Deed of Right-Of-Way Easement
PREPARED BY: ______________________ PLANNING BOARD FILE# ______________________ DEED OF RIGHT-OF-WAY EASEMENT THIS DEED OF EASEMENT is made on this__________ day of_______________, 20_______by ___________________________________________________ whose mailing address is ___________________________________________________ ___________________________________________________ (hereinafter referred to as "Grantor"), and THE COUNTY OF MIDDLESEX, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, (hereinafter referred to as "Grantee"). The words “Grantor” and “Grantee” shall mean all Grantors and all Grantees listed above. THIS EASEMENT is granted by Grantor to Grantee for and in consideration of One ($1.00) Dollar, receipt of which is hereby acknowledged. Grantor also acknowledges that the conveyance of this right-of-way easement is a condition of site plan/subdivision approval by the Middlesex County Planning Board (File Number___________) for the development of Block No. ___________, Lot No.___________ as delineated on the prevailing tax map of the ___________ of ___________. THE LANDS AFFECTED by this Easement (the “Affected Lands”) are more formally described on Exhibit "A" (attached hereto and incorporated herein by this reference) prepared by______________________, New Jersey License No. __________________. Said Affected Lands is also depicted on a Site Plan/Subdivision Plan dated ___________________________ (last revised ______________________), as prepared by______________________, New Jersey License No. _____________________, attached hereto as Exhibit "B". SAID AFFECTED LANDS are a part of the lands and premises conveyed unto Grantor by deed from ____________________, dated ____________________ and recorded in the Middlesex County Clerk's Office on _____________ at Deed Book _________, Page ________. THIS DEED OF EASEMENT conveys to Grantee the right to utilize the easement area in perpetuity for the widening or improving of _______________ Road (County Road No. -
Right of Way Manual, Section 4.1, Land Title
Topic 575-000-000 Right of Way Manual Effective Date: April 15, 1999 Acquisition Revised: May 18, 2017 Section 7.15 LAND TITLE PURPOSE ............................................................................................................... 7.15.1 AUTHORITY ........................................................................................................... 7.15.1 SCOPE .................................................................................................................... 7.15.1 REFERENCES ........................................................................................................ 7.15.1 DEFINITIONS ......................................................................................................... 7.15.1 7.15.1 QUALITY AND QUANTITY OF TITLE .............................................. 7.15.3 7.15.2 TITLE EVIDENCE ............................................................................. 7.15.4 7.15.3 TITLE SEARCH REPORTS .............................................................. 7.15.4 7.15.4 TITLE INSURANCE .......................................................................... 7.15.7 7.15.5 OPINION OF TITLE .......................................................................... 7.15.8 7.15.6 TITLE EXAMINATION ...................................................................... 7.15.8 7.15.7 PARCEL NUMBERS......................................................................... 7.15.8 7.15.8 FEE TITLE ....................................................................................... -
Construction Guidelines for Wildlife Fencing and Associated Escape and Lateral Access Control Measures
CONSTRUCTION GUIDELINES FOR WILDLIFE FENCING AND ASSOCIATED ESCAPE AND LATERAL ACCESS CONTROL MEASURES Requested by: American Association of State Highway and Transportation Officials (AASHTO) Standing Committee on the Environment Prepared by: Marcel P. Huijser, Angela V. Kociolek, Tiffany D.H. Allen, Patrick McGowen Western Transportation Institute – Montana State University PO Box 174250 Bozeman, MT 59717-4250 Patricia C. Cramer 264 E 100 North, Logan, Utah 84321 Marie Venner Lakewood, CO 80232 April 2015 The information contained in this report was prepared as part of NCHRP Project 25-25, Task 84, National Cooperative Highway Research Program, Transportation Research Board. SPECIAL NOTE: This report IS NOT an official publication of the National Cooperative Highway Research Program, Transportation Research Board, National Research Council, or The National Academies. Wildlife Fencing and Associated Measures Disclaimer DISCLAIMER DISCLAIMER STATEMENT The opinions and conclusions expressed or implied are those of the research agency that performed the research and are not necessarily those of the Transportation Research Board or its sponsors. The information contained in this document was taken directly from the submission of the author(s). This document is not a report of the Transportation Research Board or of the National Research Council. ACKNOWLEDGEMENTS This study was requested by the American Association of State Highway and Transportation Officials (AASHTO), and conducted as part of the National Cooperative Highway Research Program (NCHRP) Project 25-25 Task 84. The NCHRP is supported by annual voluntary contributions from the state Departments of Transportation. Project 25-25 is intended to fund quick response studies on behalf of the AASHTO Standing Committee on the Environment.