BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1684|
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CONSENT
Bill No: AB 1684
Author: Jeffries (R)
Amended: 3/11/10 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/15/10
AYES: Corbett, Harman, Hancock, Leno, Walters
ASSEMBLY FLOOR : 73-0, 3/22/10 - See last page for vote
SUBJECT : Civil actions: adverse possession
SOURCE : California Association of County Treasurers and
Tax
Collectors
DIGEST : This bill requires the timely payment of
specified taxes relative to an action for adverse
possession and provides that payment shall be established
by certified records of the county tax collector.
ANALYSIS : Existing case law provides that to establish a
claim of adverse possession, the claimant must prove: (1)
possession under a claim of right or color of title; (2)
actual, open, and notorious occupation that provided
reasonable notice to the true owner; (3) possession that is
adverse and hostile to the true owner; (4) continuous
possession for at least five years; and (5) payment of all
taxes assessed during the five-year period. ( Mehdizadeh v.
Mincer (1996) 46 Cal.App.4th 1296, 1305.)
CONTINUED
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Existing law states that, for purposes of adverse
possession, land is deemed to have been possessed and
occupied only: (1) where it has been protected by a
substantial enclosure; and (2) where it has been usually
cultivated or improved. However, adverse possession is not
considered established unless it is shown that the land has
been continuously occupied and claimed for a period of five
years, and the party or persons have paid all state,
county, or municipal taxes which have been levied on the
land. (Code of Civil Procedures Section 325.)
This bill requires the timely payment of those taxes that
have been levied and assessed upon the land for the
five-year period during which the land was occupied and
claimed.
This bill provides that payment of those taxes shall be
established by the certified records of the county tax
collector.
Prior Legislation
AB 143 (Jeffries), Chapter 95, Statutes of 2009, this bill
passed on Consent with a vote of 34-0 on 7/9/09. AB 143
addresses the situation where a county tax collector
receives two payments - one from the rightful owner and one
from the adverse possessor. To resolve confusion about how
to process those two payments, AB 143 authorized a county
tax collector to return the hostile property tax payment
upon the request of the owner of record.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/16/10)
California Association of County Treasurers and Tax
Collectors (source)
ARGUMENTS IN SUPPORT : According to the author's office,
this bill is a simple, minor change in current law. It
seeks to reinforce rightful land owners' claim to their own
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lands by requiring an adverse possessor's tax payments on
another owner's land to be established by certified records
of the county tax collector. This action will enable
rightful landowners to be made further aware [of] an
adverse possession action against their land.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Bass, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, Nestande, Niello, Nielsen, V. Manuel Perez,
Portantino, Ruskin, Salas, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torres, Torrico,
Tran, Villines, Yamada, John A. Perez
NO VOTE RECORDED: Anderson, De La Torre, Miller, Norby,
Saldana, Torlakson, Vacancy
RJG:do 6/17/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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