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Law

Adverse Possession and Its Constitutional Takings Implications

Quick fact

In most jurisdictions, adverse possession allows a trespasser to become the rightful owner after a statutory period (often 5-20 years) without any compensation to the original owner. However, when the government itself acquires property through adverse possession, courts split on whether this is a compensable taking under the Fifth Amendment.

Why this is interesting

Imagine someone camps on your land for years, and then it becomes legally theirs. But what if the 'someone' is the government? Can the state take your property without paying?