Reitsma v. Pascoag Reservoir & Dam, LLC

GOLDBERG, Justice, with whom Justice LEDERBERG joins,

dissenting.

I respectfully dissent from the decision of the majority finding that the state es*839tablished, by clear and convincing evidence that it had “acquired a portion of the lake bottom by adverse possession and that it had acquired, on behalf of the public, a prescriptive easement to use the boat ramp to access the lake for boating, fishing, swimming, and for other recreational purposes.” I do not believe that the majority has clearly defined the extent of the burden it has placed upon the servient estate. In my opinion the result in…