Council Bluffs, IA asked in Land Use & Zoning and Real Estate Law for Iowa

Q: Can I claim squatters' rights on state-owned land I've maintained for years?

I have been maintaining a piece of state-owned land between my property and the Missouri River for over sixty years, initially managed by my family. Recently, the NRD informed me that I must cease mowing this land due to a complaint. Given our long-term care, could I have squatters' rights, and is pursuing this with a lawyer worthwhile?

2 Lawyer Answers
Anthony M. Avery
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A: Usually you cannot assert adverse possession against the Sovereign. But if you are sued by the Government for possession, it might serve as evidence of a boundary dispute. Consult with an IA about the boundary line, your title and possible acquiescence defense. Payment of taxes may be critical.

James L. Arrasmith
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A: What you’re dealing with is upsetting, especially after taking care of the land for so long. Unfortunately, when it comes to state-owned land, the rules for claiming squatters' rights—also called adverse possession—are much stricter than with private land. In most cases, adverse possession cannot be used to claim land from the government, no matter how long you’ve maintained it or how open and obvious your use has been.

Even though your family has cared for the land for over sixty years, that alone may not give you any legal ownership. States tend to protect their land from being claimed this way, especially land along waterways or riverbanks, which can have environmental, floodplain, or public access considerations. If the NRD told you to stop mowing, they may be enforcing land-use rules meant to protect native plants, erosion control, or public resources. Still, it's understandable to feel wronged, especially if your care improved the area.

It may still be worth consulting someone locally who understands Missouri property law and the history of the parcel. While ownership may not be possible, there might be other options, such as seeking a formal maintenance agreement or limited-use permit. At the very least, you’ve earned the right to ask for clear answers after decades of stewardship. You're not just a neighbor—you’ve been a caretaker, and that deserves recognition, even if the law doesn’t give you title to the land.

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