Sander A. Rikleen and Amy L. Hahn published in Massachusetts Lawyers Weekly on the distinction between adverse possession or prescription and an eminent domain taking
Sander A. Rikleen, partner in the firm’s Litigation Department, and law clerk, Amy L. Hahn, were published in Massachusetts Lawyers Weekly on May 18, 2020. Their article, “Title established by adverse possession not a taking,” describes the distinction between adverse possession or prescription and an eminent domain taking when establishing rights in real estate. It also explores the question of whether the property was “taken” from the titleholder or “lost” by the title holder’s inaction in the case of Gentili v. Town of Sturbridge, 484 Mass. 1010 (SJC-12810, Feb. 24, 2020), as recently answered by the Massachusetts Supreme Judicial Court.