BILL NUMBER: AB 1684	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 11, 2010

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 amended, 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   require  that
 timely  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:
   (1) Where it has been protected by a substantial enclosure.
   (2) Where it has been usually cultivated or improved.
   (b) In no case shall adverse possession be considered established
under the provision of any section of this 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  timely  paid all state, county, or
municipal taxes that have been levied and assessed upon the land 
for the period of five years during which the land has been occupied
and claimed  . Payment of those taxes by the party or persons,
their predecessors and grantors shall be established by certified
records of the county tax collector.