Course Hero Logo

Question 4 a landowner owned a 100 acre parcel of

Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. This preview shows page 31 - 35 out of 35 pages.

Question 4A landowner owned a 100-acre parcel of land near a nuclear power plant. The landowner sold a 10-acre strip of land, located in the middle ofthe larger parcel, to the electric company that owns the plant, so the electric company could erect a transmission line across the larger parcel.The deed contained the following language: “To the electric company, its successors and assigns, as long as the premises are used for thetransmission of electricity.” Subsequently, a regulatory commission discovered serious deterioration of the plant during a routine inspection.The commission ordered the plant closed permanently. The transmission lines from the plant were dismantled. Because there was asubstantial amount of radioactive waste stored on the site, the state took all land within one-half mile of the plant site, including the 10-acrestrip, by eminent domain. Is the electric company entitled to any compensation for the taking of any interest it has in the 10-acre strip?A. No, because the landowner's possibility of reverter is possessory.B. No, because an easement holder is not entitled to compensation in an eminent domain proceeding.C. Yes, because the electric company may again use the premises for electrical transmission purposes.D. Yes, because the holder of an easement is entitled to compensation for the value of the lost easement right.
Question 4A landowner owned a 100-acre parcel of land near a nuclear power plant. The landowner sold a 10-acre strip of land, located in the middle ofthe larger parcel, to the electric company that owns the plant, so the electric company could erect a transmission line across the larger parcel.The deed contained the following language: “To the electric company, its successors and assigns, as long as the premises are used for thetransmission of electricity.” Subsequently, a regulatory commission discovered serious deterioration of the plant during a routine inspection.The commission ordered the plant closed permanently. The transmission lines from the plant were dismantled. Because there was asubstantial amount of radioactive waste stored on the site, the state took all land within one-half mile of the plant site, including the 10-acrestrip, by eminent domain. Is the electric company entitled to any compensation for the taking of any interest it has in the 10-acre strip?
Explanation
Fee simpledeterminableFuture interest retained by grantor/testatorpossibility of reverterFuture interest in 3

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 35 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Fall
Professor
N/A
Tags

Newly uploaded documents

Show More

Newly uploaded documents

Show More

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture