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Case Citations [1] (April 2017 through August 2017)

handle is hein.ali/retprtys0253 and id is 1 raw text is: PROPERTY 3D: SERVITUDES CHAPTER 1. DEFINITIONS § 1.1 Servitude Defined; Scope of Restatement Kan.2017. Subsec. (1) quot. in sup. Homeowners in a residential subdivision brought an inverse condemnation action against state and state department of transportation that purchased property in the subdivision, alleging that defendants violated subdivision's restrictive covenants by placing trailers, performing construction activities, and building permanent bridges and pavements on the property. The trial court granted summary judgment for defendant; the court of appeals reversed. Affirming on other grounds, this court held that violation of restrictive covenants could support the taking of a compensable real-property interest in an inverse condemnation action. The court cited the definition of servitudes set forth in Restatement Third of Property: Servitudes § 1.1 in noting that, for purposes of eminent domain-and, by extension, inverse condemnation-it was not necessary to determine whether the restrictive covenants at issue created real-property interests or contract rights, because each was property requiring just compensation under the Fifth Amendment if taken by the state. Creegan v. State, 391 P.3d 36, 47. Tex.2016. Subsec. (1) quot. in ftn. Surface owner of a ranch property, which had deeded the underlying groundwater to city, sought to enjoin city from proceeding with its plan to drill wells on the property based on the argument that the plan would increase erosion and injure the surface unnecessarily. After the trial court granted plaintiff a temporary injunction, the court of appeals reversed and dissolved the injunction. Affirming and remanding for further proceedings, this court held that the accommodation doctrine-which provided that a mineral lessee had an implied right to use the land as reasonably necessary to produce and remove minerals but was required to exercise that right with due regard for the landowner's rights-also applied as between a surface owner and the owner of an interest in the underlying groundwater. The court cited Restatement Third of Property: Servitudes § 1.1 for the proposition that, under the law of servitudes, the mineral estate was called dominant and the surface estate servient not because the mineral estate was in some sense superior, but because it received the benefit of the implied right of use of the surface estate. Coyote Lake Ranch, LLC v. City of Lubbock, 498 S.W.3d 53, 60. § 1.2 Easement and Profit Defined Or.2016. Com. (d) quot. in case quot. in sup. Property owner sued neighbors, seeking a prescriptive easement over an existing road that crossed defendants' property. After a bench trial, the trial court ruled in favor of plaintiff; the court of appeals affirmed. Reversing and remanding, this court held that plaintiff failed to provide clear and convincing evidence that his use of the road was adverse, as required to establish a prescriptive easement, by showing that his use of the road interfered with defendants' own use of the road, or that he communicated to defendants his belief that he had a right to use the road without permission. The court cited Restatement Third of Property: Servitudes § 1.2 in noting that an mA L I For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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