Right of Way Manual, Section 4.1, Land Title
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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. -
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. -
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 -
Which Deed Should I Use?
FEATURE | TITLEREAL ESTATE LAW Which Deed Should I Use? BY EBEN P. CLARK 34 | COLORADO LAWYER | JANUARY 2019 Tis article discusses the four basic deed forms used in Colorado and when to use each form. hich deed should I use? Tis is c. Tat he warrants to the grantee and his the inevitable question in any heirs and assigns the quiet and peaceable transaction in which real prop- “ possession of such property and will erty is conveyed, regardless of The four basic defend the title thereto against all persons theW form of the transaction or the property to be who may lawfully claim the same. transferred. Every lawyer, realtor, or other real deed forms in While Upton and the Colorado Revised estate professional has faced this question at Statutes lay out with particularity the warranties some point in time. Colorado are included with a general warranty deed, for This article provides an overview of the general warranty, comparison purposes it is worth noting that at diferent types of deed forms available in Col- common law, the standard warranties of title orado. It describes the basic characteristics of special warranty, were referred to as six covenants: each type of deed, and its appropriateness for 1. the covenant of seisin (that the grantor various circumstances. Tis article does not bargain and sale, has the very estate it purports to convey); advocate for the use of a single form of deed for 2. the covenant of right to convey (that a certain transaction. Nor does it seek to provide and quitclaim. the grantor has the right to convey the a formula for determining the appropriate In this order, promised title); deed form in any specifc situation. -
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. -
Chapter 12 Questions Transfer of Title
Modern Real Estate Practice, 18th Edition Chapter 12 Questions Transfer of Title 1. The title to real estate passes when a valid deed is a. signed and recorded. b. delivered and accepted. c. filed and microfilmed. d. executed and mailed. 2. The primary purpose of a deed is to a. prove ownership. b. transfer title rights. c. give constructive notice. d. prevent adverse possession. 3. A special warranty deed differs from a general warranty deed in that the grantor's covenant in the special warranty deed a. applies only to a definite limited time. b. covers the time back to the original title. c. is implied and is not written in full. d. protects all subsequent owners of the property. 4. The severalty owner of a parcel of land sells it to a buyer. The buyer insists that the owner's wife join in signing the deed. The purpose of obtaining the wife's signature is to a. waive any marital or homestead rights. b. defeat any curtesy rights. c. provide evidence that the owner is married. d. satisfy the parol evidence rule. 5. A third party holds title to property on behalf of someone else through the use of a a. devise. b. quitclaim deed. c. bequest. d. deed in trust. ©2010 Kaplan, Inc. Modern Real Estate Practice, 18th Edition 6. In a real estate transaction, transfer taxes that are due are charged a. to the buyer unless this is forbidden by statute or regulation. b. according to local custom unless the parties are from different jurisdictions. c. to the parties as agreed in the contract of sale. -
The Doctrine of After-Acquired Title
SMU Law Review Volume 11 Issue 2 Article 8 1957 The Doctrine of After-Acquired Title Charles Robert Dickenson Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Charles Robert Dickenson, Comment, The Doctrine of After-Acquired Title, 11 SW L.J. 217 (1957) https://scholar.smu.edu/smulr/vol11/iss2/8 This Comment is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. THE DOCTRINE OF AFTER-ACQUIRED TITLE INTRODUCTION This Comment will discuss briefly some of the problems which can arise when one person attempts by a valid instrument to convey more title than he actually has and subsequently acquires the title which he had purported to convey. Historically, in such a case the grantor is estopped to assert his after-acquired title against his grantee.' It has been said that this result is achieved through estoppel by deed rather than by estoppel in pais;' and that, therefore, there is no neces- sity for an adjudication of the rights of the parties in such a case;$ and that there is no necessity for showing a change in position of the party asserting the estoppel.4 Tiffany states that there is no necessity of regarding the after- acquired title as actually passing to the grantee.' However, there are numerous decisions and dicta in this country to the effect that the conveyance actually passes the grantor's after-acquired legal title to the grantee.! There have been,' and still are,' a number of statutory provisions to this effect in various states. -
The Scope of Title Examination in West Virginia: Can Reasonable Minds Differ
Volume 98 Issue 2 Article 4 January 1996 The Scope of Title Examination in West Virginia: Can Reasonable Minds Differ John W. Fisher II West Virginia University College of Law, [email protected] Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Property Law and Real Estate Commons Recommended Citation John W. Fisher II, The Scope of Title Examination in West Virginia: Can Reasonable Minds Differ, 98 W. Va. L. Rev. (1996). Available at: https://researchrepository.wvu.edu/wvlr/vol98/iss2/4 This Article is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. Fisher: The Scope of Title Examination in West Virginia: Can Reasonable M WEST VIRGINIA LAW REVIEW Volume 98 Winter 1996 Number 2 THE SCOPE OF TITLE EXAMINATION IN WEST VIRGINIA: CAN REASONABLE MINDS DIFFER? JOHN W. FISHER, II* I. INTRODUCTION ........................... 450 II. THE RECORDING ACTS ...................... 453 A. In the Beginning ....................... 453 B. Classifying the Early Recording Acts ............. 454 C. The West Virginia Statutes ................... 456 D. The West Virginia Recording Acts: The Aegis Afforded BFP'sfor Value ................. 459 E. The West Virginia Recording Acts: "Notice" is Not a Hindrance to "Creditors"................ 469 F. The West Virginia Recording Acts: While "Mort- gagees" are "Purchasers" Under the Statutes, Not All "Creditors" are "Creditors"............. 472 III. ESTABLISHING THE CHAIN OF TITLE ............. 474 IV. -
THE AFTER-ACQUIRED PROPERTY CLAUSE Davm COHEN T and ALBERT B
April, 1939 University of Pennsylvania Law Review And American Law Register FOUNDED 1852 Copyright 1939, by the University of Pennsylvania VOLUME 87 APRIL, 1939 No. 6 THE AFTER-ACQUIRED PROPERTY CLAUSE DAVm COHEN t AND ALBERT B. GERBER $ At common law property to be created or acquired in the future could not be transferred or encumbered prior to the creation or ac- quisition of the property.1 Illustrative of the constant striving to make future assets available for present purposes was the attempt of com- mon-law lawyers to add to the conveyances of the day the words: "Quae quovismodo in futurum habere potero." 2 But, as Littleton says, these words were "void in law". The reasoning upon which the rule was based was simple--"A man cannot grant or charge that which he hath not." 3 This infallible bit of syllogistic logic received its first breakdown in the famous case of Grantham v. Hawley,4 the parent of the fictitious doctrine of "potential existence". Briefly stated, this prin- ciple permits the sale 5 or encumbrance of future personal property 6 t B. S. in Ed., x934, LL. B., 1937, Gowen Memorial Fellow, 1937-8, University of Pennsylvania; member of the Philadelphia bar; assistant counsel, Rural Electrification Administration. t B. S. in Ed., 1934, LL. B., 1937, Gowen Memorial Fellow, 1937-8, University of Pennsylvania; member of the Philadelphia bar; assistant counsel, Rural Electrification Administration. I. See 3 TIFFANY, REAL PROPERTY (2d ed. i92o) 2368. 2. The quotation in full reads: "Also, these words, which are commonly put in such releases, scil. -
Title Examinations and Title Issues
CHAPTER 7 Title Examinations and Title Issues R. Prescott Jaunich, Esq. Downs Rachlin Martin PLLC, Burlington Timothy S. Sampson, Esq. Downs Rachlin Martin PLLC, Burlington § 7.1 Introduction ................................................................................. 7–1 § 7.2 Marketable Title .......................................................................... 7–4 § 7.2.1 Vermont Title Standards ............................................... 7–4 § 7.2.2 Common Law Marketable Title—Permits as Encumbrances ............................................................... 7–6 § 7.2.3 Vermont Marketable Record Title Act ........................ 7–10 (a) Person ................................................................ 7–11 (b) Unbroken Chain of Title .................................... 7–11 (c) Conveyance ....................................................... 7–12 (d) Preserved Claims Under the Act ........................ 7–13 § 7.3 Conveyancing Requirements .................................................... 7–15 § 7.3.1 Vermont Deed Customs .............................................. 7–15 § 7.3.2 Deeds by Trustees and Deeds to Trust ........................ 7–17 § 7.3.3 Deeds by Executors, Administrators and Guardians .. 7–17 § 7.3.4 Deeds by Divorce Judgment ....................................... 7–18 § 7.3.5 Probate Decree ............................................................ 7–18 § 7.4 Identifying the Real Estate and Property Descriptions .......... 7–18 § 7.4.1 Reference to Prior Deeds and Instruments