In Malone v. Bowdoin et al., the U.S Supreme Court ruled that a private individual could not claim adverse possession against the federal government. The case involved Thomas J. Malone, who had been living and maintaining land in Florida for more than 20 years, which he believed to be his own based on an old Spanish grant. However, it was later discovered that this land actually belonged to the United States government due to an earlier treaty with Spain. Despite having lived there for so long without any dispute or challenge from others, including the government itself, when Malone tried to sell part of it he found out about its true ownership status and subsequently filed suit claiming title by adverse possession (a legal doctrine allowing someone who possesses another's property openly and continuously for a certain period of time without being challenged by them to become its owner). The court held that such claims cannot stand against federal lands because they are immune from state laws regarding adverse possession under Article Four of the Constitution.

In the dissenting opinion for Malone v. Bowdoin, Justice Black disagreed with the majority's interpretation of the Property Act and argued that it should not be used to deny a citizen his property without compensation. He believed that this was contrary to both historical precedent and constitutional principles. According to him, if Congress intended such an outcome, they would have explicitly stated so in clear language within the statute itself rather than relying on vague terms like "emergency". Furthermore, he pointed out that even during times of war or national emergency when private property might be seized for public use without prior compensation under eminent domain laws, there are still legal processes in place which ensure fair treatment and eventual reimbursement for affected citizens. Therefore, he could not agree with a decision which allowed federal agencies to effectively seize land from private owners without any form of due process or just compensation as required by Fifth Amendment protections against government takings.