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· 10/6/2017

In re Marriage of Kalinawan

How courts have described this case

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

  • holding that the State had a trust duty to monitor the federal government’s noncompliance with its lease of public lands but did not have a trust duty to initiate an enforcement action
  • holding the state’s duty to protect and preserve trust property includes an ongoing obligation to reasonably monitor a third party’s use of the property
  • recognizing “a duty to investigate upon being made aware of evidence of possible damage” to trust property as “a necessary component of [a trustee’s] general duty”
  • involving a direct action for breach of public trust against the State for failure to \take all necessary steps to ensure compliance with the terms of [a] lease\
  • “The most basic aspect of the State’s trust duties is the obligation ‘to protect and maintain the trust property and regulate its use.’”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.