Did you know that under certain circumstances a private individual can acquire government-owned land without the government’s consent? Although the Commonwealth’s immunity from adverse possession claims has never been in question, whether political subdivisions of the Commonwealth are subject to adverse possession claims has been less clear. On September 26, 2019, the Supreme Court of Pennsylvania addressed this matter in the case of City of Philadelphia v. Galdo, 2019 Pa. LEXIS 5452. In Galdo, the Supreme Court held that political subdivisions in Pennsylvania may be subject to claims of adverse possession, except where the property is devoted to a public use. The facts of Galdo provide great insight into this matter.
In 1974, the City of Philadelphia condemned 1101-1119 N. Front Street in Philadelphia for transit purposes related to the construction of Route I-95 (the “Parcel”). The City, however, never physically occupied the Parcel or used it for public transit purposes as originally intended. Instead, the Parcel remained vacant and unmaintained, with the City viewing it as “surplus property” that was not actively being used.
Continue Reading Use It or Lose It: Political Subdivisions are Subject to Claims of Adverse Possession