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Source of Title Blog : Inverse Condemnation

Can the Government Acquire Property by Adverse Possession?
by Robert Franco | 2017/10/08

In Ohio, you can acquire legal title to another's real property if you prove exclusive possession and open, notorious, continuous, and adverse use for a period of 21 years. But, the general rule is that you cannot adversely possess property against the state.  So, when a friend here in Ohio emailed me this very interesting question, my first thought was "sure... I think so, if all of the elements are met, why not?"  But, the Fifth Amendment to the U.S. Constitution provides that private property shall not be taken "without just compensation." Does that rule out the possibility that the government can take title by adverse possession -- without going through the process of a condemnation proceeding and paying just compensation? Hmmm... it really is an interesting question.

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Categories: Adverse Possession, Inverse Condemnation, Real Estate Law

Source of Title Blog :: 0 comments ::

My First Experience with Inverse Condemnation
by Robert Franco | 2017/06/25

Last week I wrote about inverse condemnation: The Supreme Court of Virginia Examines the Limits of Inverse Condemnation.  It reminded me of a client I had shortly after I started practicing law, Yetieve.  She was in her late 70's and she was taking care of her husband who had dementia.  The last thing she needed was to be forced from her home, but after an unfortunate series of events they had to move. A corner of her home was sinking into a 12 foot deep crater and the roof was starting to crack -- it wasn't safe to stay there.  What had caused it, and who was responsible?  Well, that is an interesting story. 

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Categories: Inverse Condemnation

Source of Title Blog :: 1 comments ::

Source of Title Blog

Robert A. FrancoThe focus of this blog will be on sharing my thoughts and concerns related to the small title agents and abstractors. The industry has changed dramatically over the past ten years and I believe that we are just seeing the beginning. As the evolution continues, what will become of the many small independent title professionals who have long been the cornerstone of the industry?

Robert A. Franco
SOURCE OF TITLE

 

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