7 results for 'cat:"Property" AND cat:"Transportation"'.
J. Kitchens finds the 2001 public dedication of the subdivision's road as public roadways, as well as the county's refusal to levy taxes on the property and their continued use by members of the general public, renders the roads public and requires the county to pave and maintain them. Although the roads were not officially added to the registry, the minutes of the 2001 council meeting are an official document that effectuated transfer of the roadways to the care of the county. Affirmed.
Court: Mississippi Supreme Court, Judge: Kitchens, Filed On: May 9, 2024, Case #: 2022-CA-1227, Categories: Government, property, transportation
J. Boggs finds the lower court erroneously granted the scrap metal recycling facility's motion for a prescriptive easement over the parcel of land owned by Norfolk Southern. The facility's claims are preempted by federal law. Although the recycler claims it does not want exclusive control over the parcel, the land is fenced in and inaccessible to the railroad without a key to the gate, which renders any taking by the company an unreasonable burden on railroading; therefore, the easement is rescinded and the case remanded. Reversed.
Court: 6th Circuit, Judge: Boggs, Filed On: February 26, 2024, Case #: 22-4037, Categories: property, Preemption, transportation
J. Trauger partially denies the defendant law enforcement officer's dismissal motion in this lawsuit brought by two travelers alleging "an illegal search and seizure" at the Nashville airport. One of the travelers was allegedly instructed to open her suitcase, and the alleged facts show that she acquiesced to the officer's "show of authority" by opening the suitcase in the ride-share area of the airport, as opposed to voluntarily consenting to the search. Accordingly, the officer's motion is denied as to that traveler's Fourth Amendment claim stemming from the search.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 5, 2024, Case #: 3:23cv663, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, property, transportation
J. Salter finds that the circuit court properly ruled in favor of the South Dakota Department of Transportation in a matter in which the Department constructed a median in the highway abutting a company's property. The company sued over changes to its access to the property. The circuit court correctly applied substantive takings principles to conclude that the installation of the median did not constitute a taking. Affirmed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: November 15, 2023, Case #: 2023SD58, Categories: property, transportation
J. Attrep finds the lower court properly determined the eleven roads located on private property are public by way of prescriptive easement. Evidence in the record indicates they had been used openly by the public since at least the 1930s for hunting, recreation and work related to cattle ranching, among other things. Meanwhile, the court properly awarded expert witness costs to the state for the mapmakers and their assistants, all of which were documented extensively and recoverable under New Mexico law. Affirmed.
Court: New Mexico Court of Appeals, Judge: Attrep, Filed On: August 31, 2023, Case #: A-1-CA-38739, Categories: Government, property, transportation
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J. Thomson finds a lower court erred in establishing a “stricter proof requirement” in a dispute over a public easement, and this court “take[s] this opportunity to clarify what is required” to establish a valid public easement for a road in New Mexico. The “key” to a “public prescriptive easement claim” lies in showing the “public character of the road,” and in this case parties seeking the easement provided “substantial evidence” of public use. Reversed.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: July 13, 2023, Case #: S-1-SC-38934, Categories: property, Real Estate, transportation