Does the consensual exception apply to a right of way grant?
MultiRegion, United States of America
The following excerpt is from State Dept. of Transportation v. King, 191 F.3d 1108 (9th Cir. 1999):
(1997); see also County of Lewis v. Allen, 163 F.3d 509, 515 (9th Cir. 1998) (en banc) (stating that Montana's first exception was not meant to apply to "agreements between two governmental entities"). This case involves an intergovernmental transfer of property rights with use by the grantee consistent with the right of way grant. Thus, the consensual exception does not apply.
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