About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/retprtys0260 and id is 1 raw text is: PROPERTY 3D: SERVITUDES Generally N.D.Tex.2020. Cit. generally in disc. Landowner sued lessee of oil-and-gas interests on landowner's property, seeking a preliminary injunction to enjoin defendant from selling its interests in the lease to third-party purchaser through its power under the parties' lease agreement to reasonably withhold consent to sale of the interests. This court denied plaintiff's motion for a preliminary injunction, holding, as a matter of first impression, that plaintiff unreasonably withheld its consent to the sale of the interests. The court noted that Texas law relied on theories set forth in the Restatement of Property, the Restatement Second of Property: Landlord & Tenant, and the Restatement Third of Property: Servitudes when construing oil-and-gas leases. Mayo Foundation for Medical Education and Research v. BP America Production Company, 447 F.Supp.3d 522, 529, 530. CHAPTER 1. DEFINITIONS § 1.1 Servitude Defined; Scope of Restatement N.D.Tex.2020. Cit. in disc. Landowner sued lessee of oil-and-gas interests on landowner's property, seeking a preliminary injunction to enjoin defendant from selling its interests in the lease to third-party purchaser through its power under the parties' lease agreement to reasonably withhold consent to sale of the interests. This court denied plaintiff's motion for a preliminary injunction, holding, as a matter of first impression, that plaintiff unreasonably withheld its consent to the sale of the interests. The court observed that, although Restatement Third of Property: Servitudes § 1.1 suggested that the Restatement did not discuss oil-and-gas law, the theory set forth by § 3.4 that restraints on alienation could not be absolute could be applied to the field. Mayo Foundation for Medical Education and Research v. BP America Production Company, 447 F.Supp.3d 522, 532. Colo.2020. Subsecs. (1) and (2) cit. in diss. op. After town filed a petition in condemnation with respect to a lot in a subdivision that it had purchased in order to build a water tower, owners of other properties in the subdivision intervened, arguing, among other things, that the lot was subject to a restrictive covenant that limited construction to single-family residences. The trial court concluded that the restrictive covenants governing the properties in the subdivision created a compensable property interest for each property owner whose land was subject to those covenants. The court of appeals reversed. Affirming, this court held that a restrictive covenant of the type at issue was not a compensable property interest in an eminent-domain proceeding. The dissent argued in favor of adopting the majority rule, which provided that a restrictive covenant created a property interest under Restatement Third of Property: Servitudes § 1.1 that was subject to just compensation upon condemnation. Forest View Company v. Town of Monument, 464 P.3d 774, 783. D.C.App.2020. Subsec. (1) quot. in disc. Neighbor brought a lawsuit against property owner's successors in interest that used a vent shaft located on their property, seeking a declaration that plaintiff had an easement to use the vent shaft for the purposes of an exterior restaurant exhaust system, because COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most