February 2021

Not a regulatory taking and no compensation due when a town acquires an easement by prescription

The Supreme Judicial Court of the Commonwealth of Massachusetts held that a town can acquire an easement by prescription and that, if it does, no just compensation is due because no regulatory taking has occurred. Rather, the landower failed to object by suing for trespass or to give permission so the statute of limitations for ejecting the intrusion passed and the owner's right to exclude was limited by statute and the doctrine of easement by prescription. The town did not "take" the property; the owner lost property rights by failing to take steps required by law to preserve those rights.... Read more about Not a regulatory taking and no compensation due when a town acquires an easement by prescription