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Because legally, charging a fee means it wasn't a public easement, it was licensed access across private land. If you're arguing that it should be "taken" as a
by beerandt 7y ago
Because legally, charging a fee means it wasn't a public easement, it was licensed access across private land.
If you're arguing that it should be "taken" as an easement of necessity, that's separate, and a more political question.
Easements by necessity are granted generally when no other access is possible; they're not for convenience.
Additionally, (for private party transactions anyway) the party that creates the encumbrance is who is responsible for granting access. If you're not responsible for isolating the tract of land, then there's not (usually) any requirement to grant an easement. And even if there is, it wouldn't be a public easement.
And by responsible, I mean in terms of land transactions and changes in law, not putting up a gate.
- rhizome 7y ago>Easements by necessity are granted generally when no other access is possible; they're not for convenience. The only reason this seems unusual is because a rich person is affected this time.
- beerandt 7y agoWhen faced with the nearly limitless resources of a government agency, most people put in a similar situation have no choice but surrender or face bankruptcy. It's only unusual because when having a disagreement with the government, 99.99% of us can't afford to fight the government based on principle.