New legislation has been enacted overruling the Waisanen v. Superior Township case that allowed adverse possession claims against municipal property owners.
In this blog post, I described the decision in Waisanen v. Superior Township, 305 Mich App 719 (2014) that held that a statute that protected state agencies from adverse possession claims did not apply to municipalities. In response to this decision, the legislature has passed House Bill 4747. This legislation, known as MCL 600.5821 clarifies the statute analyzed in Waisanen and confirms that protections against adverse possession extend not only to state agencies but municipalities. The pertinent language reads:
(2) In an action involving the recovery or the possession of land, including a public highway, street, alley, easement, or other public ground, a municipal corporation, political subdivision of this state, or county road commission is not subject to any of the following:…
(c) A claim for adverse possession, acquiescence for the statutory period, or a prescriptive easement.
While this legislation does not directly implicate eminent domain issues, an attorney should have an awareness of general real estate law principles such as including adverse possession when litigating condemnation cases.
