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- Newsgroups: misc.legal
- Path: sparky!uunet!stanford.edu!CSD-NewsHost.Stanford.EDU!Xenon.Stanford.EDU!kaufman
- From: kaufman@Xenon.Stanford.EDU (Marc T. Kaufman)
- Subject: Re: Adverse Possession
- Message-ID: <kaufman.724959307@Xenon.Stanford.EDU>
- Keywords: Sovereign
- Sender: news@CSD-NewsHost.Stanford.EDU
- Reply-To: kaufman@CS.Stanford.EDU
- Organization: CS Department, Stanford University, California, USA
- References: <kaufman.724739134@Xenon.Stanford.EDU> <1992Dec19.051447.22728@midway.uchicago.edu> <kaufman.724783182@Xenon.Stanford.EDU> <19486@smoke.brl.mil>
- Date: 21 Dec 92 17:35:07 GMT
- Lines: 29
-
- matt@smoke.brl.mil (Matthew Rosenblatt) writes:
-
- >1) Does adverse possession run against the sovereign?
-
- >2) Can one acquire an easement by prescription against the sovereign?
-
- In California, the answer to this is no, otherwise everyone who jogged over
- the town hall lawn would try for an easement. I recall from my reading of
- the statutes that state lands were exempt from easement by prescription
- (though not, I suspect, from easement by necessity -- but its hard to mount
- a good case against someone who can zone you out of existance.)
-
- Because of the requirement for payment of taxes for adverse possession,
- I don't see how you could even get to first base in most jurisdictions that
- bill for taxes on a parcel basis. You would first have to prove that the
- county recorder's description of the property was wrong and that your tax
- payments were actually credited to some other parcel or portion thereof.
-
- >3) In California, is a municipality considered to be "sovereign,"
- > as the State is?
-
- In some ways, at least. You can't just sue a municipality without first
- asking for redress from the city council (at least in matters of planning
- and zoning). In my years as a planning commissioner, I saw lots of threats
- of suits, but no suits.
-
- --
- Marc Kaufman (kaufman@CS.Stanford.EDU)
-
-