Fitzgerald Living Trust v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding statutory right to access that is adequate to secure reasonable use and enjoyment of property defeats necessity
• noting existence of a common law easement is relevant to determination of whether proposed Federal Land Policy Management Act easement is reasonable
• noting government has authority to impose some regulations on the use of roads regardless of any common law easements held by private individuals
• “[T]he Homestead Act did not grant settlers a vested property right of access over public lands to their homesteads, but instead merely sanctioned the longstanding customary use of public lands by a settler.”
• “[T]he Homestead Act did not grant settlers a vested property right of access over public lands to their homesteads, but instead merely sanctioned the longstanding customary use of public lands by a settler.”
• The “Homestead Act did not grant settlers a vested property right of access over public lands to their homesteads” and “Congress did not imply an easement over public lands into the 1862 Homestead Act.”

Source: CourtListener parenthetical corpus (CC0).