California, United States of America
The following excerpt is from Rhodes v. City of Glendora, Corp., B251642 (Cal. App. 2014):
We find no merit to appellant's efforts to demonstrate that section 1007 did not apply to preclude an adverse possession claim of the Strip. At trial, appellant contended that his five-year period required for adverse possession ran from 1961 to 1966, and that therefore the version of section 1007 before its 1968 amendment was applicable. (See Buic v. Buic (1992) 5 Cal.App.4th 1600, 1604 [one element of adverse possession is uninterrupted and continuous possession for five years].) He further contended that section 1007 as amended in 1935 permitted public property to be adversely possessed if it was not dedicated for a public use. Building on this contention, appellant first argues that the operative version of section 1007 does not bar his claim because there was no official dedication of the Strip for public use.
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