The writer of this paper explores the legal ramifications of adverse
possession and the 5th amendment, while arguing that
the
government does not have the right to take over property through the use of adverse
possession rules. The writer defines adverse possession as the act of taking the title to land or real property through the act of physical occupation. This paper cites several court cases and legal arguments regarding adverse possession by the government, against a private land owner. This paper examines the law, which varies, in different states relating to this specific topic. The writer contends and explains why a case of adverse possession can be understood when it comes to private parties, but in the case of the government taking over land, there are objections. This paper details the five essential components needed to claim adverse possession. This paper also discusses the 5th Amendment which states that private property may only be taken for public use if just compensation is paid. Table of Contents: Introduction What is Adverse Possession? References Cases