EDITORIAL: This land is your land? - Courts abet Colorado couple in land grab

Las Vegas Review-Journal ^ | Dec. 06, 2007 | Editor

[Eric in the Ozarks]

This is not the only crazy law in Colorado.

[Condor51]

The judge is a scum bag as he knew exactly what he was doing. BUT - the law is the law and I believe it's basically the same in all states (time line may differ). Even us city slickers who grew up in Chicago know about it.

Not to hijack the thread but as to 'Red River': I love the movie but its so historically and anachronistically wrong, now that I'm older and wiser I shudder a bit when watching it. (but a lot of Westerns are like that)

[Citizen Tom Paine]

In at least two states if you fence a parcel of land and pay taxes for 14 years of so, the land becomes yours. The odd thing about this story is that the owners were paying taxes on it.

If you go down to a local court house and look at the tax maps, particularly ones which have not been updated lately, you can find parcel of land which aren’t recorded on the deeds.

[Rummyfan]

Ah, the roar of .44s in the twilight. If the courts won't protect our property rights, some just might resort to older ways.

Indeed! Maybe that's the way to deal with this thieving judge and his scumbag lawyer wife....

[Bloody Sam Roberts]

If the courts won't protect our property rights, some just might resort to older ways.

And why does the editor of the Las Vegas Review-Journal think that the Libs are so keen to take away our firearms?

[hellbender]

Yes, and the scenery against which the action is shot is completely inappropriate for the supposed setting of the story.

[sergeantdave]

I would think that the Kirlins paying property taxes on that land and the county accepting that payment would be enough under common law to establish interest in and ownership of the land.

A neighbor planting tomatoes and drinking a six pack on the land is not enough to maintain a claim of adverse possession.

The article also mentioned the Kirlins maintained a fence. That’s as good as a no trespassing sign under our common law.

[george76]

Boulder District Judge Morris Sandstead, who served with McLean, issued the restraining order quite swiftly.

Serendipity, I guess.

[kralcmot]

the law is not basically the same in most states. the law in California, for example, says that the adversse possessor must pay the property taxes.....that is a significant difference.

[Emmett McCarthy]

“Law & Order” is just the name of a TV show. We are under the “rule of man” and whichever one has the money, power and influence rolls over the other guy. And it’s going to get darker.

[TXnMA]

In Texas, if that judge had done his partying on the neighbor's property at night, the media would be referring to "the late Judge..."

[Loud Mime]

This case was terribly mismanaged. If I were the land owner, things would have been settled outside the courtroom. (big grin)

[steel_resolve]

Ah, the roar of .44s in the twilight. If the courts won't protect our property rights, some just might resort to older ways.

You can sometimes pick the mood of the country out from simple sentences. I think this one is a good example. People out in our country are boiling - over illegal immigration, over the Kelo decision, over the NIE report, etc. etc. etc. Who can say what will happen, but sentences like this might give one a clue.

[Condor51]

** Yes, and the scenery against which the action is shot is completely inappropriate for the supposed setting of the story.**

Considering the filming locations I guess so.

Elgin, Arizona, USA
Nogales, Sonora, Mexico
Samuel Goldwyn/Warner Hollywood Studios
San Pedro River, Arizona, USA
Tucson, Arizona, USA
Whetstone Mountains, Arizona, USA

But John Ford may have been the biggest abuser of 'wrong' locations, he loved Monument Valley maybe a tad much.

[dynachrome]

Las Vegas editorial on the Kirlins. Good stuff

[org.whodat]

This is not the only crazy law in Colorado.

Adverse possession goes back to English common law, and every state has it in one form are the other.

[mallardx]

Edith Stevens is a former chair of the Boulder County Democrats. She and her husband are quite close with the Judge who allowed the adverse possession; the Judge did not recuse himself from the case despite being close friends with these land thieves.

[org.whodat]

The article also mentioned the Kirlins maintained a fence. That’s as good as a no trespassing sign under our common law.

Yes and the fence wasn't built on the property line, the judge gave them the property to the fence.

[Eric in the Ozarks]

I was made aware of it when we bought our property here in Missouri. Fortunately, the adverse possession claim resets when property transfers. IE: If you buy land that has prescriptive easement and immediately challenge that use, you can get it canceled by a court.