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Pascoag Reservoir & Dam, Ltd. Liab. Corp. v. Rhode Island

Citation: 33 ELR 20246
No. Nos. 02-2179, -2233, (1st Cir., 07/28/2003)

The court upholds the dismissal of a property owner's inverse condemnation action against the state of Rhode Island for acquiring a portion of his property in 1975 by adverse possession. Because the owner failed to seek compensation through the state court, he forfeited his federal claim. Adequate state remedies were available to the owner; he simply ignored those remedies until it was too late. Although the owner's claim would now be time-barred in state court, this does not render his claim futile. There is no evidence that the state would not have been receptive to his claim had it been brought at the time the property was taken.

Counsel for Plaintiff
Barry J. Kusinitz
Boisseau & Dean
155 S. Main St., Ste. 405, Providence RI 02903
(401) 831-4200

Counsel for Defendant
Michael Rubin, Ass't Attorney General
Attorney General's Office
150 S. Main St., Providence RI 02903
(401) 274-4400