Law Commons^™

There Is No Abandonment Of An Easement Taken By Eminent Domain Unless There Is An Intention To Abandon The Easement Prior To The Taking By Eminent Domain; Therefore The Easement Owner At The Time Of Taking Is Entitled To The Award., J. M. Holbrook

St. Mary's Law Journal

There is no Abandonment of an easement taken by eminent domain unless there is an intention to abandon the easement prior to the taking by eminent domain; therefore, the easement owner at the time of taking is entitled to the award. This article seeks to illuminate the issue surrounding the governments, extraordinary and dangerous power, eminent domain, and a private person's right to compensation upon the government "taking" their easement. In the case San Antonio v. Ruble, Petitioner contended that the landowner's easement had been abandoned, because the intent to abandon was manifested by the transfer of the easement to …