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if BLM has landlocked your vacant property can you request an Easement of Necessity
- Thread Starter drgkmd
- Start date
PayrollHRGuy
Well-Known Member
adjusterjack
Super Moderator
You can ask. Whether you get it is anybody's guess.
zddoodah
Well-Known Member
Yes.
zddoodah
Well-Known Member
Apply? The way to "ask a [j]udge for an easement of necessity" would be to file a lawsuit, and you'll need an attorney for that.
Tax Counsel
Well-Known Member
Note that this means filing a lawsuit against the federal government in U.S. district (federal) court. Federal court civil litigation can be complex, especially when litigating against the federal government where you are going up against government lawyers who spend all their time doing nothing but civil litigation in these courts. You will also need to identify what in federal law gives you a right to an easement of necessity over federal land. So I recommend you find an attorney experienced in litigating in U.S. district court, preferably with experience litigating against the U.S. government.
army judge
Super Moderator
Look at this, and seek info:
Rights-of-Way | Bureau of Land Management
However, @PayrollHRGuy , advised this earlier!!!
Rights-of-Way | Bureau of Land Management
However, @PayrollHRGuy , advised this earlier!!!
flyingron
Well-Known Member
PayrollGuy is right and you have to at least attempt this before your case will even be considered in Federal Court (not to mention, as Confucius say, never use a cannon to kill a mosquito).
Tax Counsel
Well-Known Member
Without research I cannot say if the OP would even have a good cause of action for an easement of necessity against the government or, assuming he/she does, whether the law would require the OP to first ask the BLM for the easement before going to court.
And as far as the Confucius quote goes, I'm throwing the penalty flag on that one. Confucius is said to have died in 479 BC. The first mentions in history of what may be cannons seems to be in the 12th or 13th centuries AD — many hundreds of years later. So Confucius would not have known anything about cannons.
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