Section 10.15 Adverse Possession

• Library: Eminent Domain 3rd Edition 2013

Title to a properly dedicated public street or any part thereof cannot be obtained through adverse possession or use. Encroachments on a highway continually used cannot be legalized by mere lapse of time.

Drane v. Avery, 72 Ariz. 100, 231 P.2d 444 (1951)

No easement can be acquired in property of the State, particularly property held for public use; at least there can be no such right of user by an individual as will interfere with public rights in the property. A controlled access highway is for the benefit of the entire public rather than for the benefit of the abutting property owners, as in the case of a simple street...