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← 370 S.W.3d 705 - Severance v. Patterson

Severance v. Patterson’s Empirical Analysis

2012

Citation profile

17
cited by 17 later decisions
2
states following
June 2022
most recently cited

1 federal appellate · 13 state decisions

Relationships

Applies 42 U.S.C. § 5170C (Hazard Eligibility and Local Projects Act)

Relies on West Virginia State Board of Education v. Barnette · Pennsylvania Coal Co. v. Mahon · Lucas v. South Carolina Coastal Council · Loretto v. Teleprompter Manhattan CATV Corp. · Nollan v. California Coastal Commission

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Because the easement holder is the dominant estate owner and the land burdened by the easement is the servient estate, the property owner may not interfere with the easement holder's right to use the servient estate for the purposes of the easement.”
    2 later decisions quote this exact passage · from the majority
  2. “The existence of an easement 'in general terms implies a grant of unlimited reasonable use such as is reasonably necessary and convenient and as little burdensome as possible to the servient owner.'”
    2 later decisions quote this exact passage · from the majority
  3. “Generally, an owner of realty has the right to exclude all others from use of the property, one of the 'most essential sticks in the bundle of rights that are commonly characterized as property.'”
    2 later decisions quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.