Compulsory acquisition and adverse possession

This is a discussion on Compulsory acquisition and adverse possession within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; Grateful for some research and cites to the following questions: 1. In 1977 the State took possession from the landowner ...

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Old Feb 13th, 2008, 09:09 AM   #1
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Default Compulsory acquisition and adverse possession

Grateful for some research and cites to the following questions:

1. In 1977 the State took possession from the landowner under the authority and force of orders of compulsory acquisition.
2. In March 1989 three months before the limitation period of 12 years expired the landowner filed a constitutional motion to the High Court challenging the compulsory acquisition.
3. In 1990 after the limitation period had expired the High Court declared the compulsory acquisition ultra vires and unconstitutional and set aside the acquisition.
4. Question: Was the State in adverse possession for the period after the compulsory acquisition in 1977 and 1990, when the acquisition was set aside?

Grateful for cites from America, English, Australian, Canadian, New Zealand or Indian authorities.

Regards,
Rex
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Old Feb 16th, 2008, 05:35 PM   #2
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Default Re: Compulsory acquisition and adverse possession

You may want to also try www.loislaw.com for a day pass where you can easily pull up cases etc., or maybe you have been there already...
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