Recent Court Decisions on Real Estate and Valuation

摘要

This case involved the value of riparian flow easements for property tax purposes. The taxpayer (Taxpayer) owns the Wilder Dam on the Connecticut River in Hartford, Vermont. The dam holds back water to a height of 385 feet above sea level, and its presence affects the amount of flooding of land located upstream, including land abutting the river in Newbury (Town). Erection of a dam that causes flooding of upstream land is a trespass; a flow easement is a right to commit that trespass. A flow easement is also an interest in real property that can be assessed and taxed.