03/14/2026
Attention Lake County - Okahumpka residents:
If you receive a certified letter from the Lake County Government and it includes the term "Adverse Possession", don't do a thing except seek consultation with an attorney immediately.
If you have already received such a letter, please get a copy to one of O.C.C.'s board members.
2. Legal Conflicts
Compensation Requirement: Under Article X, Section 6 of the Florida Constitution, no private property can be taken by a government entity without "full compensation". Attempting to use adverse possession to bypass this payment would be a violation of constitutional rights.
Inverse Condemnation: If a county occupies your land without starting a formal condemnation proceeding or paying you, this is known as inverse condemnation. In this scenario, the landowner has the right to sue the county for the value of the property taken.
3. When a County Can Own Your Land
While they won't use adverse possession, a county can legally acquire your property if:
Formal Eminent Domain: They follow Florida Statutes Chapter 73 or 74, prove a public need, and pay you the appraised fair market value.
Tax Deed Sales: If you fail to pay property taxes for several years, the county can eventually sell the property at a tax deed auction to recover the debt.
Road Dedication: Under Florida Statute 95.361, if a county maintains a road for four continuous years, the road may be "presumed to be dedicated" to the public, though this is a specific statutory rule for infrastructure, not a general adverse possession claim.
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