Office of the Commissioner of Justice

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"Not on-hand.

This is rather different than the government using a man's factory. In that case, the government would be stripping a man's ability to make money. Here, no such thing occurred. The land was vacant when it was taken into use by the Eutopian government, and as such, no financial losses to the owners occurred. If damage had been done to your client's land before the repudiation of claims, I would gladly have reparations paid by the government, but it rather seems that improvements have been made, as opposed to damage done. Whether or not the actions of the government in using this land were right is up for debate, but we must live in the present. And in the present, all French claims on the island have been repudiated. Since at the time of redpudiation, Mr. de Fourgéres had just that - claims, as opposed to privately owned land - I believe the repudiation encompasses his claims.

I realize the law is leaving Mr. de Fourgéres in a bit of a lurch here, but it is what is. We could discuss compensation for this, I can't guarantee anything to that end.

 

[Voshkod]

"Well, John, I think we both know, as Mr. de Fourgéres has indicated, that this case could drag out for years, potential causing disruption to private persons who occupy these claims. To prevent that, Mr. de Fourgéres is certainly willing to discuss a compromise.

"I suggest, and my client has approved, the following: he will surrender all claims, past, present and future, to the 'French claim' in return for the Eutopian government surrendering all claims, past, present and future to the 'English claim' on the Foss River. Also, Mr. de Fourgéres would be allowed to use the airfield in question at cost, under a fifty year renewable lease.

"What do you say?"

 

[Voshkod]

A call from Napier:

"Mr. Attorney General: I'll be back in the country tomorrow morning. Can we meet and continue discussions on the de Fourgéres matter?"

 

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"Sure, Lucien, just swing by my office when you get back."

 

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At note arrives by fax:

Mr. Attorney General

Before his untimely passing, Lucien Napier informed me that you wanted to meet, something about needing additional details. I would prefer to wait until after Lucien's funeral, and in any case would need to find new counsel to represent me. Unfortunately the two most renowned living members of the bar association, yourself and Minister Tilly, are both working for the government, which makes things more difficult for me. I will have my new counsel contact you for an appointment, when I have found one.

 

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Loic de Fourgéres arrives at the office with his new attorney, who announces their presence to the receptionist. Both are carrying extensive files. The receptionist asks them to take a seat and makes a phone call.

 

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Looking at his watch and thinking what the attorney was costing per hour, Loic says: "It appears that the Attorney General's schedule does not permit him to meet with us today. The CAFTA conference is now underway back in New Lancaster, so I should be back for the opening dinner. Please tell the Attorney General that I waited as long as I could, but I didn't want to provoke a diplomatic incident." As they leave, the local attorney offers to drop him off at the station. Loic checks the train timetable and says, "Drop me off outside the Senate instead, maybe I can do a little lobbying for my case."

 

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After the conclusion of the conference on intra-island trade at CAFTA, Loic de Fourgéres returns to the capital and enters the Attorney General's office, carry an over-stuffed file folder and wearing a backpack. He announces himself to the receptionist, and says that his lawyer can be here in 5 minutes,and hopes the attorney general will deign to see him this time. He sets down his backpack, opens it and takes out a folded airmattress, sits down on one of the chairs and begins to inflate the airmattress. When the receptionist asks what he is doing, he says that he is prepared to wait longer this time.

 

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Loic finishes the New Republican crossword puzzle, glances up at the receptionist, reaches into his backpack and pulls out "Three Famous Short Novels" by William Faulkner and begin to read.

 

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O'Floinn, eyes mildly bloodshot, stumbles out of his office.

"Hello Mr. de Fourgéres, sorry to keep you waiting. Please come into my office.

I apologize I was unable to meet with you last time you came by, but I have simply been swamped with work lately. You know, new laws coming into effect, old laws getting cut out...all this business with the new Constitution is producing a terrible amount of work. I understand you've hired a new attorney? Terrible shame what happened to Lucien.

Now, is there anything new you've uncovered that you wish to share with me?"

 

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"Hello Mr. de Fourgéres, sorry to keep you waiting. Please come into my office.

I apologize I was unable to meet with you last time you came by, but I have simply been swamped with work lately. You know, new laws coming into effect, old laws getting cut out...all this business with the new Constitution is producing a terrible amount of work. I understand you've hired a new attorney? Terrible shame what happened to Lucien.

Now, is there anything new you've uncovered that you wish to share with me?"

In a somber tone, Loic begins, "Yes, I didn't know him that long, but he was more than just my lawyer. Let me page my new one and he will be here within 5 minutes." *Loic press a few keys on electronic gizmo, looks at the screen, and smiles* "He is on his way. I thought the primary reason for this meeting was to answer some questions you or the government might have." They walk into O'Floinn's office. Loic leaves the backpack, but brings the sheaf of old and new papers. "It might be helpful to go over first some background, that may have been confused. What we discussed previously were the government lands on the areas referenced by the old land grants. There are some parts of the claims that are currently in private hands, to which title could be disputed. This is primarily on the immediate outskirts of Uxbridge, in the "English claim" and Chateauvallon and Villefranche in "French claim". The government would be doing those landowners and voters a favor if we could come to a settlement, as included in the settlement would be my renouncing any claim on those lands. If we don't arrive at a settlement, and I were thereby obliged to turn to the courts, those would be the first suits I would file, owing to the difficulties of suing the government.
The portion of the "English claim" on government lands is park or national forest. If for environmental reasons, the government wished to preserve all or some of that, then I would certainly consider other lands that government might view as surplus to its requirements, although I had recreational development plans for the portion of that property nearest Uxbridge. I understand it is the "French claim" that contains the airbase, for which my developmental plans are more commercial.

I expect that the government wondered why the previous holders of this legacy didn't object when the government was offering inducements to the former tenants to leave this land in the 1920's and 30's. I believe the park was established in the 1930's and the airbase built during WWII. There was a wave of migration to the cities up until 1930 and then the depression hit Eutopia hard, "Eutopia itself experienced record levels of ... underutilization of resources. " Thus the number of tenants on the properties dwindled in the 20's and 30's so the government could offer incentives to move off the last few, thus making the land empty, but empty land is not valueless. The then holder of the inheritance was unable to come here to protest. You see, after the defeat of France in the Franco-Prussian War of 1870, and the horrors of the Commune of Paris 1870-71, Blaise de Fourgéres emigrated to St. Petersburg and married a Russian countess who had inherited a large fortune. His son was a spendthrift who dissipated all the wealth, so his son decided to enter the Russian Orthordox priesthood (they can marry, unlike Roman Catholics). Having seen the excesses of wealth, and knowing what it could do to a family, he decided to throw his lot in the revolutionaries, and stayed in Russia, renouncing his clergy status early enough to avoid later purges. Of course, someone from the USSR was unable to travel in the 1920's or 1930's even if he had had the means to do so. I received word of the demise of that line in mid-1990's, but it took some time to research the inheritance that came with it.

The farming that took place in the first third of the 20th century was known to be very hard on the soil, so it is normal to let the land lay fallow for some years to help it recover. That was effectively the status at the time the Eutopian government siezed it without properly researching the title, and why my second cousin three times removed did not object at the time.

Ah, I see my lawyer has arrived, so I am now duly represented. You can ask your questions now."

 

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"Mr. de Fourgéres, do you know what adverse possession is? To put it simply, adverse possession is when one person publicly occupies another's land, and gains title to the land because the owner doesn't stop him. The land you've laid claim to has been quite publically occupied for a good long time now. Why do you believe that your ancesteral land should be immune from this well-established doctrine?"

 

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"Mr. de Fourgéres, do you know what adverse possession is? To put it simply, adverse possession is when one person publicly occupies another's land, and gains title to the land because the owner doesn't stop him. The land you've laid claim to has been quite publically occupied for a good long time now. Why do you believe that your ancesteral land should be immune from this well-established doctrine?"

Loic confers with his lawyer. "Yes, a person's right to acquire real property by adverse possession begins with the wrongful occupation of another person's property. Does the government admit that it was wrong to have occupied the property? I had some hope that the government would want to do what was right, which is why we are in settlement talks, not before a tribunal. Some call adverse possession "squatter's rights" and the concept was used to provide a kind of indirect welfare to the poor and downtrodden, which would not be an apt description of the government

I don't see adverse possession spelled out in the constitution, or enumerated in any recent legislation, so that would put the government's claim to the land in the large realm of law based on precedents. In California, whose common law is based on Spanish common-law, which is quite similar to the pre-Napoleonic French common law that prevails in Nouvelle Anjou, there are five basic requirements to claiom title to another's land:

1) Possession must be held either under a claim of right or color of title;

2) Possession must be actual, open, and notorious occupation of the property in such a manner as to constitute reasonable notice of that occupation to the record owner;

3) The occupation must be both exclusive and hostile to the title of the true owner;

4) Possession must be continuous and uninterrupted for at least five years; and

5) The occupier must pay all taxes assessed against the property during such five-year period.

On both the "French claim" and the "English claim" the fifth requirement was not met, as the government of Eutopia used its immunity from provincial taxation to avoid paying the taxes assessed on the property. On the "English claim", the third requirement has not been met either, as a park it has been open to the use of all, and thus not exclusive nor hostile to the use that it was in (lying fallow to allow the soil to recover from the ravages of over-cultivation and mono-culture before the park was established).

Furthermore, it is not clear that government can acquire land by means of adverse possession.

English common law is more relevant in Eutopia. holding of property under some claim of right with the knowledge and against the will of one who has a superior ownership interest in the property. Its legal significance is traced back to the English common-law concept known as seisin, which related to landlord-tenant relationships. The government of Eutopia was not a tenant that acquired the property, it induced the remining former tenants to leave, so it would not seem to have necessary realtionship to make a claim under this old concept. All cases citing adverse possession we were able research in England always were between an owner (or his estate) and a tenant. The government was not a party to any of the cases. Thus, my counsel informs me that adverse possession needs to be considered in any cases we might bring to reclaim lands in private possession, but does not apply to lands in government possession, which is why my former lawyer, Lucien Napier, may he rest in peace, advised me that the portions of the land in government possession were the ones that would likely be recoverable."

 

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The lawyer whispers something in Loic's ear. Loic adds, "At our prior meeting, through my prior attorney, we had made a settlement offer. That offer still stands. I had thought the purpose of this meeting was to enable you to gather any facts necessary to help the government decide whether to accept the offer or not."

 

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"The purpose of this meeting is to sort out all the facts of your case, and hopefully reach a conclusion acceptable to both yourself and the government. So in a way, yes, we are determining whether or not to accept your offer, but that is only one piece of the puzzle.

Now, getting back to adverse possession.

As has been confirmed to me by several well-respected legal experts, the tax paying requirement of adverse possession is the exception, not the rule.

And, more importantly, what about these tenants you say the government convinced to move off the land? If by tenants, you mean 'renters,' and these people were renting this land, then you would have to already have title to the land in order to rent it to them, which you apparently don't. If these people weren't renting the land, and you just mean that they were living on it, then they are in fact the adverse possessors and it would be them who would hold claim to the land.

How do you explain this?"

 

[unmerged(33865)]

"And, more importantly, what about these tenants you say the government convinced to move off the land? If by tenants, you mean 'renters,' and these people were renting this land, then you would have to already have title to the land in order to rent it to them, which you apparently don't. If these people weren't renting the land, and you just mean that they were living on it, then they are in fact the adverse possessors and it would be them who would hold claim to the land.

How do you explain this?"

"I know absentee landlords are not popular, but that was what most of descendants of Henri de Fourgéres were, with two notable exceptions. The first was his younger son, who took possession of the 'French claim' and arranged for an agent who handled the local management and forwarded the surplus to the family in France, and Armand, Henri's great-great-grandson who weathered the storm of the 'Reign of Terror' during the French Revolution here, which fortunately avoided the claim being lost at that time, when the English part of the island took over, but left local holdings untouched. This was covered in document #2 and #3 I provided to you earlier. He also inspected the 'English claim' on that sojourn. I have some records of receipts of transfers from the agent for some later years with me."

Loic looks through file folder he is carrying and takes out a clear plastic bag containing a stack of brownish old pieces of paper. As he hands them to the Attorney General, he says, "Please be careful, these are quite delicate."

After pausing a moment, he goes on: "For the 'English claim', my family used the same agent to manage the estate as the the Murray's, from whom Henri acquired it, had been using to manage their larger adjacent estate. When Henri's son Jacques foreclosed on the mortgage on that larger adjacent estate later, the same agent was retained. Again, we have some records of the revenues received for various years, but nothing from the period where revenues were sent to the Russian branch of the family tree from 1870 until sometime in the 1930s. This is partly due to the declining rents, so some years showed a deficit, but the agent may have been taking a larger share than agreed. It is also no doubt due to the cataclysms in Russia from the revolution and its aftermath."

Loic hands over another similar plastic bag full of old documents.

"Thus you see, the tenants or 'renters', were paying rent, as we did have title to the land. The number of tenants declined in the 1920's and 1930's, so some of the land was lying fallow, but that may have been the best use for it at that time. The government later provided inducements to get the rest to leave, both cash and title to land elsewhere, according to the research that Lucien Napier's firm did, and took the land, but without paying the owners for it, as one normally does when the state exercises the right of eminent domain. I hope this addresses your concerns about whether an adverse possession argument would render moot our claims."

"I appreciate that you have been swamped with work, but you said once

The English claim, however, appears to still be perfectly valid. However, this land rests within a national park, which the President would be loathe to get rid of. Perhaps we could work out some sort of arrangement.

We made an offer, that reflected much of what you seemed to accept, asking for the portion of the English claim on government lands and only a shared use arrangement for the airfield, while giving up the claims to the whole 'French claim' and the portion of the 'English claim' not currently held by the government. I agree that this didn't address the desire to preserve the park/national forest, but it is easier for the government to decide which lands that it owns that it doesn't need, which it could suggest as a substitute, rather have us guess. But if you put us on the spot, I would suggest the same area of land next to the airbase in the 'French claim' as the portion of the 'English claim'on government lands. Overall, we had hoped that the offer would be viewed as something you were prepared to agree to. If you have more questions about the facts, we are at your disposal. Likewise, if there are other points of law you wish to discuss. If you wish to confer with other members of your government before preceeding further, we understand and have expected that. How would you like to proceed?"

 

[Blade!]

A summons has been issued, requesting the A.G. to halt all work, accept or decline a nomination to the position of A.G., and to begin the task forwarded by the High Court.

~Supreme Clerk of the High Court

 

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O'Floinn sighs.

"Well Mr. de Fourgéres, I'm afraid I must go. I will have to confer with other members of the cabinet about your case anyway. I will contact you with news or additional questions. Thank you for coming to see me."

 

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*Understanding that his isn't the only case the Attorney General has to deal with, Loic and his attorney collect their documents and begin to take their leave.*
"Thank-you for your valuable time and your consideration of this matter. We look forward to hearing from you, or some appropriate government representative."
*Loic's lawyer wonders if he should put his name in for AG.*

 

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As it might help you get back to our case sooner, and you are certain to have the overwhelming support of the legislature, please do not take it amiss if I make an application for the post of Attorney General.