Final answer:
Alienation of Adverse Possession requires distinguishing the property from surrounding parcels without discrimination, ensuring entitlement through just acquisition or transfer, and adhering to the Takings Clause and Eminent Domain with fair compensation and public usage.
Step-by-step explanation:
Understanding Alienation of Adverse Possession
Adverse possession is a legal doctrine allowing a person to claim ownership of land under certain conditions. Alienation in this context means the transfer of the property right to another party. The conditions for Alienation of Adverse Possession include:
- A reasonable basis for distinguishing the subject parcel from surrounding parcels if there's spot zoning for private interest.
- Adherence to principles ensuring that restrictions are not based on race or occupancy, to avoid unlawful discrimination.
- Justifications for the Principle of Justice in acquisition and transfer, ensuring legitimate entitlement to the holding.
- Observance of the Takings Clause and Eminent Domain, which entails fair compensation and public use of the property.
For an individual to alienate property obtained through adverse possession, it is crucial that their possession was gained justly, without discrimination or infringement on others' rights, and that any governmental acquisition of such property is conducted under the provisions of Eminent Domain.