State ex rel. A.A.A. v. City of Columbus

The primary issue to be determined is whether a municipal corporation may acquire title to private property by adverse possession.

Appellant contends that appellee’s action constituted a “taking” of private property by a government entity which must be compensated pursuant to Section 19, Article I of the Ohio Constitution.1 Appellant also sub*152mits that a municipality has no authority to acquire title by adverse possession and is not a “person” as that term is used in R.C. 2305.04.2

The prevailing view is that public or governmental entities may acquire title to land by adverse possession. See,…