Adverse Posession of Public Lands?

[gurion]

Is adverse possession of public lands possible in California, so long as the land isn't a right of way or easement?

[trooper2ls]

Article you may find interesting:

http://squat.net/archiv/anders/anarchist_squatting.html

[Jerry Pitts]

http://peo7.com/UsStateCode/PEOusLabor_Section35806.htm

You be the Judge, jury and executioner.

Jerry Carlos

[trooper2ls]

Jerry, great link. Here is the same thing.. from the horses mouth if you will...

http://uscode.house.gov/uscode-cgi/f...28%29%2 0%20A

I'm always a little wary of "re-published" cites of any laws because they may change without warning.

I'm a little fuzzy on this particular verbage though..

"under claim or color of title for the period commencing not later than January 1, 1901, to the date of application during which time they have paid taxes levied on the land by State and local governmental units, issue a patent for not to exceed one hundred and sixty acres of such land upon the payment of not less than $1.25 per acre"

Doesn't this mean the window of opportunity has already passed for the land grabs?

Also under:

http://uscode.house.gov/uscode-cgi/f...28%29%2 0%20A

"Upon the filing of an application to purchase any lands subject to the operation of this chapter, together with the required proof, the Secretary of the Interior shall cause the lands described in said application to be appraised, said appraisal to be on the basis of the value of such lands at the date of appraisal, exclusive of any increased value resulting from the development or improvement of the lands by the applicant or his predecessors in interest, and in such appraisal the Secretary shall consider and give full effect to the equities of any such applicant."

It would seem that you would have to pay full current appraised value for the land .. but not less than $1.25 / acre. So a desolate desert location with no natural resources vs. a pristine forest lot with a pacific view would require different purchase prices.. and they still are requiring you pay any levied State and local taxes on it.. And they still reserve the right to tromp onto your new property if they believe there are some minerals or coal there.

Very informative none the less. Anyone feel free to jump in if I'm totally missing something here.

For kicks.. forward onto:

http://uscode.house.gov/uscode-cgi/f...28%29%2 0%20A

Abandoned Military Reservations... some cool stuff here too.

..J

[Jerry Pitts]

Originally Posted by trooper2ls

Jerry, great link. Here is the same thing.. from the horses mouth if you will...

http://uscode.house.gov/uscode-cgi/f...28%29%2 0%20A

I'm always a little wary of "re-published" cites of any laws because they may change without warning.

I'm a little fuzzy on this particular verbage though..

"under claim or color of title for the period commencing not later than January 1, 1901, to the date of application during which time they have paid taxes levied on the land by State and local governmental units, issue a patent for not to exceed one hundred and sixty acres of such land upon the payment of not less than $1.25 per acre"

Under claim or color of title, as stated above is giving reference to the construction and introduction of 'warranty deeds' by the attorners handling the transaction. Warranty deeds do not attest to being capable of delivering clear 'Title' to the land once the purchase price has been paid. In a personal experience, the sale of a foreclosed home and property was resold using what is now termed "special warranty deed". This particular deed specifically tells the purchaser that the selling company cannot and will not attest to the credibility of their offer of a 'certificate of title' as they cannot ascertain whether or not their 'holding' of a 'title' is absolutely clear. In other words, they know the certificate of title is tainted.

Originally Posted by trooper2ls

Doesn't this mean the window of opportunity has already passed for the land grabs?

No! There are still certain lands available in the midwest and in Alaska that are still open to the grant of land patents. However, under these new patent laws, all of the mineral rights are reserved to the United States.

Also under:

http://uscode.house.gov/uscode-cgi/f...28%29%2 0%20A

"Upon the filing of an application to purchase any lands subject to the operation of this chapter, together with the required proof, the Secretary of the Interior shall cause the lands described in said application to be appraised, said appraisal to be on the basis of the value of such lands at the date of appraisal, exclusive of any increased value resulting from the development or improvement of the lands by the applicant or his predecessors in interest, and in such appraisal the Secretary shall consider and give full effect to the equities of any such applicant."

It would seem that you would have to pay full current appraised value for the land .. but not less than $1.25 / acre. So a desolate desert location with no natural resources vs. a pristine forest lot with a pacific view would require different purchase prices.. and they still are requiring you pay any levied State and local taxes on it.. And they still reserve the right to tromp onto your new property if they believe there are some minerals or coal there.

Very informative none the less. Anyone feel free to jump in if I'm totally missing something here.

For kicks.. forward onto:

http://uscode.house.gov/uscode-cgi/f...28%29%2 0%20A

Abandoned Military Reservations... some cool stuff here too.

..J[/quote]

[trooper2ls]

Makes sense. Don't know if I would want to live in Midwest or Alaska though. I'm pretty happy with my little valley in the mountains of western New York.

We are in a little triangle of forgotten terratory. My house used to be a hotel and post office from 1821-1893. Originally built on a Holland Land Company lot, we still have the same boundries.

Somehow after the Buck Act in '44 and the Zip Code assignments our land got stuck between the lines in a sort of "no mans land". As a result we don't show up on mapping software or GPS's either. Because there are no commercial businesses here.. only farms.. no one has ever corrected the oversight. (thank goodness)

Fortunately our rural mail carrier knows the community (only 12 buildings) so we never have a problem receiving our mail .. with no zip code. Even my state issued driver's license has no zip code on it.

[gurion]

...And they still reserve the right to tromp onto your new property if they believe there are some minerals or coal there...

Several days ago, I read an allodial rights Q&A on Colorado's BLM site.

They say no such rights are conferred by a land patent.

But, was the answer worded deceptively?

Does the govt lose rights over the land if it's patented for private use?

Also, do I go to the BLM and file a claim over the acreage before getting the land appraised for tax value?

BTW, I'm in California's Imperial Empire, and thanks for your input.