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Source Family Law Complete Removed / Legacy MEE Subjects List Showing the closest available flashcard practice.

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0 tracked cards Civil Procedure

A city sued a developer in federal court seeking a declaration that a riverfront parcel may be used for a public trail. A conservation trust claims a recorded easement over the parcel for habitat protection and moves to intervene early in the case. The city seeks public access and may settle for trail terms that ignore habitat limits.
Which statement best describes intervention?

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A movant may intervene of right only if a federal statute gives an unconditional right to intervene. Timeliness matters only for permissive intervention, not intervention of right. A timely movant is entitled to intervene of right if it has an interest relating to the property or transaction, disposition may impair that interest, and existing parties do not adequately represent the interest. The court must ignore delay or prejudice when deciding permissive intervention.

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