In A Land That No Longer Exists
Scientists at the National Oceanic and Atmospheric Administration (NOAA) made the discovery when they noticed satellite images of the area where East Island once rose above the ocean no longer showed very much land.
In a Land That No Longer Exists
"We were alerted [by NOAA] that recent satellite photos showed the island appeared to be gone," Chip Fletcher, a University of Hawaiʻi at Mānoa professor, told BuzzFeed News. "No one was there to witness it, but as far as we can surmise, Hurricane Walaka ran across the island and apparently destroyed it."
Fletcher said that the island was used during World War II by the military, but in the past decade it was used for research by biologists who lived there in canvas tents and counted the Hawaiian monk seals, Hawaiian green sea turtles, and Laysan albatrosses, who all used East Island to give birth to their young.
"The real environmental tragedy is that this was one of only a handful of sandy islands that stuck out above the ocean for monk seals to pup their babies," said Fletcher. "There are only 1,400 Hawaiian monk seals left in the world."He added that more than 90% of Hawaiian green sea turtles lay their eggs at Lalo."There was certainly evidence of hundreds and hundreds of turtle nests," Fletcher said. "Now, all of that is gone."
But the court agreed with a lower court's ruling that the reservation had been ceded back to the United States in 1891 in the form of land allotments and cash payments to tribal citizens. Under that agreement with the government, each of the estimated 300 Kickapoos at the time were allotted 80 acres of land and cash.
Real property is defined as property that is fixed in nature, including land or buildings. It also includes anything growing on, affixed to, or built upon the land. This may be a man-made building or a crop. It is property that does not move or is attached to the land. This is different from personal property, which may be moved or transferred physically.
Real property is also known as real estate or premises. It may also include anything that is permanently located within or under the land. This can include oils, gasses, or minerals found beneath the land.
Under real property laws, the individual who owns the land has what is often referred to as a bundle of rights associated with owning that land. This bundle of rights, also known as incidents of ownership, includes the rights to do the following with the land:
An individual can also be guilty of a trespass if they remain in a place they are specifically no longer allowed. In these cases, even though the entry may have been permissible, there can be a point at which that permission is withdrawn and an individual may be arrested or charged with trespass. For example, if an individual is at a retail store and is asked to leave but does not, they may be charged with trespass.
An easement appurtenant usually involves two adjoining landowners. The property that is burdened by the necessary easement is referred to as a servient tenement. The property that benefits from the necessary easement is known as the dominant tenement. An easement appurtenant may remain in effect, known as running with the land, even if the original property owner changes.
An easement by necessity example may include a scenario where two individuals own separate parcels of land that adjoin each other in such a way that one of the parcels is landlocked. In other words, that parcel cannot be accessed except by traveling through the other parcel. In these circumstances, the law creates an easement by necessity. This creates an easement placed upon the non-landlocked parcel, or servient tenement. It permits access to the property that is landlocked, or the dominant tenement.
In 1884, Lindler conveyed the land-locked tract to S.B. Holley alone. The deed mentions that the tract has a right of way to reach a road. In 1888 and 1889, Lindlerconveyed two tracts (respondent's tract), which adjoined the land-locked tract, to S.B. Holley and his wife, C.D. Holley.
Petitioners brought this action seeking an easement by necessity over property of several adjoining landowners, including respondent. (3) Both parties moved for summaryjudgment. The trial court found respondent was entitled to summary judgment on the ground that there was not the requisite unity of title, severance, and necessity at thetime of severance to give rise to an easement by necessity.
The Court of Appeals affirmed. Kennedy v. Bedenbaugh, Op. No. 2000-UP-288 (S.C. Ct. App. filed April 18, 2000). The Court of Appeals found S.B. Holley's ownership did not meet the requirements of unity of title because he owned respondent's tract with his wife, C.D. Holley, as tenants in common, and therefore, did not have absolute ownership of both tracts at the same time. Further, the only severance that occurred while there was the requisite unity of title was Lindler's conveyances of the two tracts at different times to different grantees. However, at this time there was no necessity for a right of way because Lindler had granted S.B. Holley a right of way to a road that apparently no longer exists. Accordingly, the Court of Appeals concluded the trial court had properly granted respondent's motion for summary judgment.
"From the earliest period of our judicial history the acquisition of an easement of right of way over another's land, by necessity, has been clearly recognized and protected." Brasington v. Williams, 143 S.C. 223, 238, 141 S.E. 375, 380 (1927). The legal requirements of an easement by necessity are: (1) unity of title, (2) severance of title, and (3) necessity. Id. To establish unity of title, the owner of the dominant estate must show that his land and that of the owner of the servient estate once belonged to the same person. Id. In other words, petitioners have to show that their land-locked tract and respondent's tract were, at one time, owned by the same owner.
While the tracts were at one time both owned by Jacob Lindler, this is not the time at which an easement by necessity could have arisen. Lindler conveyed the land-locked tract to S.B. Holley. The deed conveying the land-locked tract mentions that S.B. Holley's interest includes a right of way to a road. Therefore, an easement bynecessity could not have arisen at the time Lindler conveyed the land-locked tract to S.B. Holley because S.B. Holley had access to a road from the land-locked tract.
We find the trial court properly granted respondent's motion for summary judgment because the unity of title needed to establish an easement by necessity does not exist where a person owns one tract of land in fee simple and an adjoining tract of land with another person as tenants in common. See Garvin v. Bi-Lo, Inc., 343 S.C. 625, 541 S.E.2d 831 (2001) (summary judgment is appropriate when it is clear there is no genuine issue of material fact and conclusions and inferences to be drawn from facts are undisputed). Given our conclusion that summary judgment was properly granted on this ground, we need not address petitioner's argument that the additional grounds cited by the trial court for granting summary judgment were improper. Consequently, the decision of the Court of Appeals is
The continent of North America has been inhabited by humans for at least 16,500 years. As early as the 1500s, early settlers and European thinkers were interested in discovering how humans had come to populate North and South America. One theory suggested the migration of Norsemen across Greenland into North America. Another theory proposed the island of Atlantis as the origins of human life in the New World. Yet another idea proposed that the inhabitants had generated out of mud. However, by the early 1800s scientists and theorists began discussing the possibility of a land bridge that had spanned between Asia and North America thousands of years ago. The theory of a land bridge has fueled the imagination of explorers and scientists for centuries.
In 1590, the Spanish missionary Fray Jose de Acosta produced the first written record to suggest a land bridge connecting Asia to North America. The question of how people migrated to the New World was a topic widely debated among the thinkers and theorists of his time. Acosta rejected many of the theories proposed by his contemporaries. Instead, he believed that hunters from Asia had crossed into North America via a land bridge or narrow strait located far to the north. He thought the land bridge was still in existence during his lifetime.
David M. Hopkins studied geology at the University of New Hampshire before accepting a position with the U.S. Geological Society in 1942. His first trip to Alaska planted a seed of fascination for the wild and beautiful landscape of the area. During his lifetime, Hopkins spent many of his summers on the Seward Peninsula often researching geology in the area that later became the preserve. He made several key contributions to the study of Beringia; he helped publish two books that contained papers written by researchers from a wide range of backgrounds and collaborated with many scientists and researchers to make groundbreaking discoveries about the Bering Land Bridge.
For years, scientists speculated about the different types of vegetation that might have been found on the land bridge. Some scientists believed the land bridge contained uniformed vegetation similar to the current arctic plain vegetation. Hopkins and several other scientists were convinced the land bridge had supported a more diverse vegetation, with plants growing in response to elevation variations and the amount of surface water. Hopkins worked with Mary Edwards, Claudia Hofle, and Victoria Goetcheus Wolf,to confirm the age of plants frozen in a layer of ash from an eruption at Devil Mountain 18,000 years ago.The age of the plant matter found in the ash coincided with the last proposed opening of the land bridge. The ash covered a wide area of what would have been the middle of the land bridge (north to south) 18,000 years ago .The findings from their collaboration helped to confirm that the type of vegetation on the land bridge had been more diverse than originally thought. 041b061a72