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ROOT v. PROVIDENCE WATER SUPPLY BD.

Nos. 2001-499-Appeal, 2003-370-Appeal.

850 A.2d 94 (2004)

Alan J. ROOT et al. v. PROVIDENCE WATER SUPPLY BOARD et al.

Supreme Court of Rhode Island.

June 10, 2004.

Attorney(s) appearing for the Case

Elizabeth McDonough Noonan, Esq., Providence, for Plaintiff.

Caroline Cole Cornwell, Esq. (for city), Michael J. Gardiner, Esq. (for water Supply), Warwick, for Defendant.

Present: WILLIAMS, C.J., FLANDERS, GOLDBERG, and SUTTELL, JJ.

OPINION

FLANDERS, Justice.

A public entity used the power of eminent domain to take private property for public use. In doing so, however, it apparently failed to personally notify some of the property's easement owners about the taking. It also failed to pay just compensation to them for extinguishing their easements. Eventually, the easement owners discovered the taking and the identity of the public entity that took it. But fearful that they apparently...

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