Adverse Possession Against Public Property

[Warren Smith]

I recall a question about the origin of this concept.

Here is the opinion in Headley v. San Francisco, 50 Cal. 265 (1875) where the Court wove together the applicable principles:

[Steve Martin]

CA Civil Code

1007.

Occupancy for the period prescribed by the Code of Civil Procedure as sufficient to bar any action for the recovery of the property confers a title thereto, denominated a title by prescription, which is sufficient against all, but no possession by any person, firm or corporation no matter how long continued of any land, water, water right, easement, or other property whatsoever dedicated to a public use by a public utility, or dedicated to or owned by the state or any public entity, shall ever ripen into any title, interest or right against the owner thereof.


(Amended by Stats. 1968, Ch. 1112.)

[Warren Smith]

And that's an instance of the legislature enacting statutes declaratory of the common law. It has evolved into water rights as well.