AB 459

Under this bill, a person may not obtain title to or an interest in real property

belonging to the state or a political subdivision based on adverse possession or use.

In other words, this bill prohibits adverse possession and prescriptive easements

against real property owned by the state or a political subdivision. The bill provides

that this prohibition applies retroactively to adverse possession or use that began

before the effective date of the bill, but does not apply to a person who obtained title

to or an interest in the real property based on adverse possession or use on or before

the effective date of the bill.

Under current law, a person may obtain title to or an interest in real property

belonging to the state or a political subdivision only if the person adversely possesses

or uses the property for more than 20 years and the claim is based on a continuously

maintained fence line which has been mutually agreed upon by the land owners.