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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/resdplltnt0040 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE PROPERTY 2D: LANDLORD AND TENANT Introduction C.A.6, 2022. Intro. cit. in ftn. to conc. op. Taxpayer challenged a regulation providing that, in order to be deductible, a donation of a conservation easement to a charitable organization had to be granted in perpetuity or, upon extinguishment of the easement, the organization had to receive as proceeds a fair market value that was at least equal to the proportional value that the easement bore to the value of the entire property at the time of the gift. The Tax Court concluded that the regulation was valid, and this court affirmed. The concurring opinion cited Restatement Second of Property: Landlord and Tenant in noting that it was unclear why the organization would be entitled to a proportion of the value of any post-donation improvements by taxpayer under Restatement of Property § 508, which described the prevailing rules governing easements. Oakbrook Land Holdings, LLC v. Commissioner of Internal Revenue, 28 F.4th 700, 725. PART I. CREATION OF THE LANDLORD-TENANT RELATIONSHIP CHAPTER 1. NATURE AND DURATION OF LANDLORD-TENANT RELATIONSHIP § 1.2 Requirement That Right to Possession Be Transferred C.A.10, 2021. Cit. in ftn., cit. and quot. in conc. op. (general cite); com. (a) quot. in conc. op. Owner of servient estate and lessee sued holder of an easement granted by the General Railroad Right-of-Way Act of 1875, alleging that a lease agreement entered into between the parties, under which plaintiffs could use a building that fell partly on the easement, should be rescinded because the easement was a nonpossessory interest. The district court granted in part plaintiffs' motion for summary judgment. This court affirmed in part, reversed in part, and remanded, holding, inter alia, that, although defendant had the right to exclude plaintiffs from the easement, this did not give it the power to lease the easement for non-railroad activities. The court noted that the concurrence's reliance on Restatement Second of Property: Landlord and Tenant § 1.2 for the general principle that railroad easement holders were not tenants with the right to possess and lease the easement was misplaced, because railroad easements traditionally included the power to create such leases. The concurrence argued that defendant was not a tenant under § 1.2 because it lacked a possessory interest in the servient estate, and the majority failed to cite authority indicating that railroad easements historically included the power to lease the easement. LKL Associates, Inc. v. Union Pacific Railroad Company, 17 F.4th 1287, 1311-1313. M.D.Tenn.Bkrtcy.Ct.2021. Quot. in sup. Chapter 13 debtor brought an adversary proceeding against, among others, attorney representing the holder of the deed to debtor's residence, alleging that defendant COPYRIGHT C2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.