United States v. Ponte
About This Legal Opinion
The court held that a 100-foot setback zone was to be measured horizontally, not vertically (over the face of the Earth), based on Maine common law. The court entered a default judgment for the United States, requiring the removal of the platform.
Membership Required
This resource is a Land Trust Alliance member benefit for the staff, board and volunteers of land trust and affiliate member organizations, and Alliance donors at the Protector level.
Explore related resources
Bruzewicz v. United States tax court opinion
The District Court ruled for the IRS on summary judgment, holding that the failure to comply with I.R.C. § 170(f)(8) was, in and of itself, fatal to the deduction claim. The court rejected substantial compliance.
Bruzewicz v. United States
The District Court ruled for the IRS on summary judgment, holding that the failure to comply with I.R.C. 170(f)(8) was fatal to the deduction. The court rejected a substantial compliance argument in this respect.
Schwent v. United States
The court found that Schwent’s suit against the federal government sounded in takings so therefore the Court of Federal Claims had jurisdiction not the District Court and the nuisance claim against Willets was entirely based on state law and not federal law.
Hancock Cnty. Land Acquisitions v. United States
The 11th Circuit affirmed the Tax Court decision finding that the Anti-Injunction Act barred the suit in District Court because the case was a dispute over taxes.
Bridges v. United States
The trial court upheld the conservation easement and granted the Government's motion to dismiss, citing Mississippi statutory and common law to the effect that the conveyance of an interest greater than the grantor owns only nullifies the excess portion of the conveyance.
United States v. 1.57 Acres of Land
The court found that the conservation easement had more than zero value.
Piedmont Environmental Council v. Malawer (Ruling on Demurrer)
The court held that because the conservation easement was a statutorily based easement in gross, it was not subject to the common law doctrine of merger.
Natural Climate Solutions for the United States
This report takes a deeper dive into natural climate solutions — the carbon storage and reduction potential of conservation, restoration and improved land management practices — in the United States.
Pinal Cty. v. United States
The trial court held that landowner did not terminate the Highway Easement so the highway easement passed to the County with the taking and even if not in effect, the conservation easement did not prohibit the right to use the road and river crossing.
United States. v. Johansen
The Eighth Circuit held that the easements protected only the wetland acreage that existed at the time of the easement grant and, and not all wetlands acreage that might exist in future years due to additional rainfall. The court remanded to the trial court for further proceedings.