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- Path: sparky!uunet!zaphod.mps.ohio-state.edu!cs.utexas.edu!sun-barr!rutgers!cmcl2!panix!eck
- From: eck@panix.com (Mark Eckenwiler)
- Newsgroups: misc.legal
- Subject: Re: Adverse Possession
- Keywords: Sovereign
- Message-ID: <1992Dec21.230149.9669@panix.com>
- Date: 21 Dec 92 23:01:49 GMT
- References: <kaufman.724783182@Xenon.Stanford.EDU> <19486@smoke.brl.mil> <1h524fINNcbl@meaddata.meaddata.com>
- Organization: Superseding Information, Inc.
- Lines: 42
-
- In <1h524fINNcbl@meaddata.meaddata.com>, joem@meaddata.com sez:
- >In article <19486@smoke.brl.mil>, matt@smoke.brl.mil (Matthew Rosenblatt) writes:
- >|>
- >|> 1) Does adverse possession run against the sovereign?
- >|>
- >Yes, most definitely. Property law is a different beast then suing a
- >state for civil damages, so the 11th amendment sovereign immunity does
- >not apply.
-
- Time out. Since the 11th amendment is only a bar to suing the states
- *in federal court*, it wouldn't make any difference if it did apply
- (and absent citation to some authority to the contrary, I suspect it
- does).
-
- Secondly, "yes, most definitely" is clearly wrong. The law will vary
- from state to state. In NY (last time I looked anyway), there was a
- distinction made between property held by the State pursuant to
- the exercise of various powers (the Capitol, tidal portions of Hudson
- riverbank) and "just plain" property (e.g., houses seized for tax
- delinquency). I'll let people guess which one can *never* be
- adversely possessed.
-
-
- > In fact adverse possession is most often used against a
- >state, particularly in wild forest areas.
-
- I'd like to see some recent authority for this proposition. Public
- policy would strongly militate against this result.
-
-
- > #2 You
- >have to adversely possess the property for the statutory period,
- >defined by statutes in the state but it is typically 25 years.
-
- There may be different statutory periods for "normal" property and
- such property of the state as is subject to AP.
-
- --
- Every time you think, you weaken the nation.
- - attributed to Moe Howard
-
- Mark Eckenwiler eck@panix.com ...!cmcl2!panix!eck
-