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Colorado 'Land Grab' Bill Moving Forward

Lawmakers Want To Make Adverse Possession More Difficult

POSTED: 8:41 pm MST February 11, 2008
UPDATED: 8:08 am MST February 12, 2008

A proposal seeking to change a controversial "land grab" law has gotten support from lawmakers.

A little more than half of the representatives in the State House have signed on as sponsors of a bill that would make adverse possession of property more difficult.

“Clearly the time has come to change the law of adverse possession in Colorado,” said Representative Rob Witwer of Jefferson County. “It is too easy to abuse and it is important to defend property rights that we correct this situation so people don’t lose their land.”

The proposal is in response to a ‘land grab’ situation in South Boulder where former mayor and district judge Richard McLean and Edie Stevens, an attorney, sued their neighbors Don and Susie Kirlin for their land.

The couple argued successfully in court that they used the Kirlin’s land for 25 years to get around a retaining wall and access their back yard.

A judge granted McLean and Stevens 34 percent of the Kirlin’s land.

“If you walk on somebody’s property for 18 minutes you can be arrested for trespassing,” said Don Kirlin. “If you walk on it for 18 years you get the property.”

The Kirlins testified in front of the House about their case on Monday, stating the current law must change.

“These people as trespassers were rewarded by being given our property, because they admitted to trespassing,” said Susie Kirlin. “It needs to be tweaked so people can not get away with this anymore.”

Colorado law currently allows trespassers to claim land after using it openly and continuously for at least 18 years.

The new law would require three things:
  • The adverse possessor at some point believed in good faith he or she owned the property.
  • The burden of proof would be raised from preponderance of evidence to clear and convincing.
  • If the adverse possession is allowed, a judge is granted the right to force the adverse possessor to pay the original owner fair market value.

If this law passes it will take effect July 1. The new law would not help the Kirlins.

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