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Case Citations [1] (Fall 2024)

handle is hein.ali/retprtys0266 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations PROPERTY 3D (SERVITUDES) Generally C.A.9, 2023. Subsec. (1) cit. and quot. in sup. State-owned railroad that operated a track adjacent to an air strip in a residential subdivision sued homeowners' association for the subdivision, seeking to quiet title in a right-of-way that overlapped with the air strip, and to clarify that its interest in the right-of-way included an exclusive-use easement. The district court granted summary judgment for railroad. Affirming, this court held that the federal government had reserved an exclusive-use easement extending on either side of the track's center line and later transferred the easement to railroad. The court cited the Restatement Third of Property: Servitudes in reasoning that both the purpose and circumstances of the right-of-way reservation weighed in favor of finding that the easement was exclusive rather than nonexclusive. Alaska Railroad Corporation v. Flying Crown Subdivision Addition No. 1 and Addition No. 2 Property Owners Association, 82 F.4th 762, 769. CHAPTER 1. DEFINITIONS § 1.2 Easement and Profit Defined C.A.9, 2023. Coms. (c) and (d) quot. in sup. State-owned railroad company brought an action to quiet title against homeowners' association, seeking to quiet title in its right-of-way over association's property, on which it operated a section of track adjacent to association's airstrip, and to clarify that its interest in the right-of-way included an exclusive-use easement. The district court granted plaintiff s motion for summary judgment. This court affirmed, holding that plaintiff possessed at least an exclusive-use easement in its right-of-way crossing defendant's property. The court rejected defendant's assertion that easements were by nature nonexclusive, citing Restatement Third of Property: Servitudes § 1.2 in pointing out that easements could range from conferring no right on the easement holder to exclude anyone, to having the right to exclude everyone, and nearly everything in between. Alaska Railroad Corporation v. Flying Crown Subdivision Addition No. 1 and Addition No. 2 Property Owners Association, 89 F.4th 792, 799. COPYRIGHT (02024 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.

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