RobG
Well-known member
Imagine this. I have been using my neighbors land for years. Finally, he says he wants to hay the pasture, not me. He has the legal right to do so. Can I sue my neighbor for a takings, when the property/right he "took" was his to begin with? Hardly. That is the same logic that applies when a landowner makes a takings claim for the public wanting to use public land that the public has always owned, even if the landowner enjoyed use of it in the past.
I wonder if they could claim it was a prescriptive easement.