Free exercise and adverse possession

[Eugene Volokh]

    Walsh v. St. Mary's Church, 1998 WL 97766 (N.Y. App. Div. Mar.
5), holds that religious organizations that own real estate aren't
exempted from adverse possession law.  In dictum (the argument was
waived below), the court says that they can't get a free exercise
exemption:  The contention that "plaintiff's divest[it]ure of the
land throguh adverse possession represents a substantial burden on
the free exercise of religion . . . is without merit as the statutory
enactments permitting title to property by adverse possession in no
way intentionally `regulate religious conduct or beliefs.'"

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Eugene Volokh, UCLA Law School, (310) 206-3926  fax -7010
               405 Hilgard Ave., L.A., CA 90095