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Restitution-Improvements-Recovery Under Occupying Claimants Act, John L. Naylor, Jr.

Michigan Law Review

Plaintiff sought recovery for value of improvements claimed to have been made as an "occupying claimant" as defined by statute. He had dumped dirt and debris into the Missouri River for many years. This dirt and debris came both from his own excavations in the city and from excavations of other contractors who hired him to haul it away. The result was "made land" which plaintiff occupied for several years prior to ejectment by the defendant city. Verdict was directed for defendant, plaintiff appealing. Held, affirmed. "Made land" did not constitute valuable improvements within the meaning of the statute. …