Right of Way Cases

Comprehensive collection of cases dealing with right of way disputes, establishment, and maintenance across various jurisdictions.

98
Total Cases
12
Federal Cases
86
State Cases
8
New This Year

Landmark decision establishing modern standards for railroad right-of-way width determination and adjacent property owner rights.

Railroad Federal Width Determination
789 F.3d 456 (9th Cir. 2023) Cited 45 times

Power Co. v. City (2023)

Important ruling on utility right-of-way maintenance and modernization rights.

Utility State Maintenance Rights
234 S.E.2d 567 (2023) Cited 12 times
...

Sub-topic Distribution

Railroad Rights 35%
Utility Easements 28%
Access Rights 22%
Prescriptive Rights 15%

Key Legal Principles

Scope Determination

Rights-of-way are limited to the express terms of their creation and reasonable implications thereof.

Maintenance Rights

Holders have the right to maintain and repair within reasonable bounds of original purpose.

Adjacent Owner Rights

Adjacent owners retain all rights not inconsistent with the right-of-way use.