REITSMA v. PASCOAG RESERVOIR & DAM L.L.C.

No. 2000-306-Appeal.

774 A.2d 826 (2001)

Jan REITSMA et al. v. PASCOAG RESERVOIR & DAM, LLC.

Supreme Court of Rhode Island.

June 20, 2001.


Attorney(s) appearing for the Case

Michael L. Rubin, Alan Shoer, Providence, Joseph S. Larisa, Jr., for Plaintiff.

Barry J. Kusinitz, John B. Webster, Warwick, for Defendant.

Present WILLIAMS, C.J., LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.


OPINION

FLANDERS, Justice.

Can the state government involuntarily divest owners of private property other than by eminent domain or by condemnation? Yes, we hold, because, like private parties, the government itself can acquire an easement by prescription or title by adverse possession over property that was otherwise privately owned during the period of the taking. To do so, it must establish actual, open...

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