BILL NUMBER: AB 1684	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jeffries

                        JANUARY 26, 2010

   An act to amend Section 325 of the Code of Civil Procedure,
relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1684, as introduced, Jeffries. Civil actions: adverse
possession.
   Existing law requires that a person claiming title in an action
for adverse possession show that the land has been occupied and
claimed for the period of 5 years continuously, and the party or
person, their predecessors and grantors have paid all taxes, as
provided.
   This bill would provide that payment of those taxes shall be
established by certified records of the county tax collector.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 325 of the Code of Civil Procedure is amended
to read:
   325.   (a)    For the purpose of constituting an
adverse possession by a person claiming title, not founded upon a
written instrument, judgment, or decree, land is deemed to have been
possessed and occupied in the following cases only: 
   First-- Where 
    (1)     Where  it has been protected
by a substantial  inclosure   enclosu  
re  . 
   Second-- Where 
    (2)     Where  it has been usually
cultivated or improved. 
   Provided, however, that in 
    (b)     In  no case shall adverse
possession be considered established under the provision of any
section  or sections  of this  Code
  code  , unless it shall be shown that the land
has been occupied and claimed for the period of five years
continuously, and the party or persons, their predecessors and
grantors, have paid all  the taxes, State  
state  , county, or municipal  , which  
taxes that  have been levied and assessed upon  such
  the  land.  Payment of those taxes by the
party or persons, their predecessors and grantors shall be
established by certified records of the county tax collector.