Vermont Supreme Court rules city cannot block access to local pond

May 28, 2012

Montpelier, Vermont: The Vermont Supreme Court issued a ruling on May 11 establishing that the City of Montpelier could not restrict access to its public reservoir, determining that the ability to regulate state waterways resided with the state government. The case originated with three kayakers who were arrested for kayaking on Berlin Pond, in Berlin, NH. The city attempted to restrict access to the water way to protect drinking supplies and prevent the spread of invasive aquatic species. The court did hold that the city could restrict access to the property around the water that is city owned. However, parts of the lakefront are owned by the city of Berlin and are not posted for no-trespassing.

See also

• Vermont Supreme Court