941 So. 2d 661 - May v. Miller’s Empirical Analysis

Citation profile

1 federal appellate · 4 state decisions

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The first exception recognized by the jurisprudence is when the estate which provides the shortest route is covered by water or is otherwise not accessible year round. The second derogation from the general rule is when the costs associated with crossing the estate which is the shortest distance from the public road are so exceptional that from a practical standpoint it is economically unfeasible to build. IfiAs set forth above, courts should first determine which estate owes the servitude. The shortest straight line distance to the nearest public road determines which estate owes the servitude. The party arguing that the servitude should instead be imposed on another estate bears the burden of establishing that one o[f] the two exceptions is applicable.”

   1 later decision quote this exact passage
   e.g. 86 So. 3d 95 - LDK Investments, LLC v. Amons

2. “The owner of an estate that has no access to a public road may claim a right of passage over neighboring property to the nearest public road. He is bound to indemnify his neighbor for the damage he may occasion.”

   1 later decision quote this exact passage
   e.g. Elston v. Montgomery