Author

Grant Houske

Date of Award

2025

Document Type

Legal Research Pathfinders

Degree Name

Juris Doctorate (JD)

Instructor

Paul Callister

Abstract

In this Pathfinder guide, you will find a comprehensive analysis concerning the legal doctrine known as the centerline presumption combined with easements as two foundational requirements to establish liability as a basis for landowner property rights in asserting claims for an inverse condemnation claim/ "takings" claim, or quiet title lawsuits.

The research for this pathfinder will include history on the evolution of the centerline presumption, the "strip and gores" doctrine, easements, and the application of an easement with respect to potential ownership rights in real property subject to the possible application of the centerline presumption where a property owner can potentially assert a claim of ownership in a disputed parcel's real property.

This pathfinder is primarily intended to assist attorneys representing clients or individual landowners with a potential property dispute and possible claim regarding land ownership within a corridor, whether the real property has been abandoned, vacated, or subject to land use outside the scope of the original intent of the original conveyance.

This research should be considered as a first step in establishing a liability claim for an inverse condemnation proceeding, which a landowner claims a "taking" of private property and may be due just compensation.

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