In A*, S* & S* Partnership v. R* C*, LLC, the Appellate Division, Second Department, addressed the limits of adverse possession claims against state-owned land acquired for public use.
In this case, the plaintiff sought to quiet title to Nassau County tax lot 7**, claiming ownership by adverse possession. However, the State of New York moved to dismiss, asserting it had acquired the lot by eminent domain in 1961 under Highway Law § 30 for highway construction—rendering the land immune from adverse possession.
The Nassau County Supreme Court agreed with the State. It held that land acquired and held by the State in its "governmental capacity"—especially for public purposes like highways—is not subject to adverse possession, even if the land remains undeveloped. The State’s submission of a certified notice of appropriation from 1961 was deemed conclusive documentary evidence that extinguished the plaintiff’s claim as a matter of law.
Interestingly, the appellate court modified the lower court’s order not by dismissing the adverse possession claim outright, but by converting it into a declaratory judgment in favor of the State. The court directed the entry of judgment declaring that the State is the rightful owner of lot 7**.
When the State holds land in trust for the public, it cannot lose it through private encroachment, no matter how long the fence has been up or the lawn has been mowed. The sovereign doesn’t snooze—and it certainly doesn’t lose.
Think the plaintiff wishes it could’ve quieted down this quiet title case?
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DECISION