ELR Citation: ELR 20178
No(s). 06-6369 (6th Cir. Jul 17, 2008)

The Sixth Circuit held that landowners have an easement by reservation over a field-access road that crosses the Lower Hatchie National Wildlife Refuge in Tennessee but that the government may reasonably regulate that easement. Letters expressing prior deed holders' intent is admissible under the state's parol-evidence rule. That evidence demonstrates that the deeds expressly reserved an easement giving the landowners the common-law right to traverse the field-access road. However, under the powers authorized by the National Wildlife Refuge System Administration Act, the government may impose reasonable regulations on the use of the landowners' common-law easement.