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Right-of-way means an easement or a legal right to go over or across tribal land, individually owned Indian land, or BIA land for a specific purpose, including but not limited to building and operating a line or road.
With an easement, a landowner, without sharing profits, has the right to use and enjoy another landowner's land. Easements are created either by a written contract or by implication in situations such as streets, parks, or alleyways.
There are several ways in which easements in Minnesota and North Dakota can be created, which include the following: Easements by Necessity. These easements are created when a property owner is only able to access his or her property by traveling on property owned by another person.
Rights-of-way over and across lands of individual Indians may be granted without the consent of the indi- vidual Indian owners if (1) the land is owned by more than one person, and the owners or owner of a majority of the interests therein consent to the grant; (2) the whereabouts of the owner of the land or an ...
Restricted fee lands are owned by a tribe or tribal member but are subject to a restriction against alienation (i.e., sale or transfer) or encumbrance (i.e., liens, leases, rights-of-way, etc.)
In the construction industry in India, the concept of the right of way refers to the legal right of a property owner or a construction company to access and use a particular area of land to build or develop infrastructure such as roads, bridges, railways, pipelines, etc.
Council Assuming Road A road authority (usually the Council) may by order declare, any road over which public rights exist to be a public road. Every such road shall be deemed to be a public road and the responsibility for its maintenance shall lie on the road authority.