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Show but flows from the exclusive powers of Congress under the property clause of the Constitution.6 In very limited circumstances Congress has consented to recognize good faith adverse possession against the Government, e.g., the Mining Claim Occupancy Act,7 the Color of Title Act,8 and the Public Land Sale Act of 1968.9 Furthermore, there has been a trend in principle for the sovereign to consent to suit in more situations. As has been pointed out, private citizens do occupy public lands in technical trespass, but in good faith believe that the land is theirs. Often valuable improvements are placed upon such lands in ignorance of the Federal claim. Partly because of the protection the Government enjoys, including inapplicability of the doctrine of adverse possession, such occupancies, although known to the Government's agents, are sometimes permitted to exist until there is a Federal use for the lands. At other times they simply remain undiscovered until there is a Federal requirement for the lands. It is not necessary that adverse possession be commenced with an intentional wrong. The doctrine also protects those who honestly enter and hold possession of land in full belief that it is their own. It is to the benefit of the latter group that the Commission's recommendation accrues. Thus, legislation extending the doctrine to Federal lands include strict requirements for a showing of good faith by the adverse claimant. e Art. IV, § 3. 7 30 U.S.C. §§701-709 (1964), as amended, (Supp. IV, 1969). 8 43 U.S.C. §§ 1068-1068b (1964). M3 U.S.C. §§ 1431-1435 (Supp. IV, 1969). Adverse possession is a creature of legislation, and its purpose is to quiet title to land. In this respect the Commission recommendation concerning its application is in keeping with other recommendations having as an objective the security of title and equitable treatment of private claimants to public lands. Most state statutes permitting title to be established by adverse possession also permit "tacking." This is a doctrine that allows the adverse possessor to add his period of possession to that of a prior adverse possessor in order to establish a continuous possession for the statutory period. The Commission recommends that the doctrine of tacking be applicable to adverse possession of public lands where some form of privity between successive claimants can be shown and occupancy in good faith is established for the prescribed period. Legislation extending the doctrine of adverse possession to public lands should contain strict requirements as to the length of time occupancy must exist before the claimant is entitled to a judgment. Furthermore, the courts customarily are reluctant to accept the defenses of laches and equitable estoppel in the absence of strong supporting evidence. These doctrines will be inapplicable in some cases even though there has been a substantial period of occupancy in good faith. In such cases, the Commission believes that it would be equitable to permit the purchase or lease of the disputed lands by the occupant. In fixing the purchase price or rental of the lands, such factors as the present market value of the unimproved land should be taken into consideration. 262 |
