NOT eminent domain: CO judge takes land just because he wants it personally

[KBCraig]

"Adverse possession" is the standard for awarding title to squatters. This judge is able to successfully claim squatter's rights because the landowner didn't stop him from trespassing.

http://www.denverpost.com/harsanyi/ci_7501264

Property right wrongly taken
By David Harsanyi
The Denver Post
Article Last Updated: 11/19/2007 01:09:34 AM MST

The story is so absurd, so unfair, so ludicrous, I had a difficult time believing that it could actually happen - even in Boulder.

It's about a couple named Don and Susie Kirlin. They moved to the city in 1980. A few years later, the Kirlins purchased a plot of land near their residence, hoping to someday build a "dream home."

"We took advantage of the market in the early '80s," says Susie Kirlin, almost apologetic for making a smart investment.

Children interfered slightly with the master plan - three of them in the next few years - postponing any development of the property.

As the children began to make their own way in life, the couple decided it was time to finally develop the property in late 2006.

By then, it was too late.

Despite owning the land, despite living only 200 yards from the property, despite hiking past it every week with their three dogs, despite spraying for weeds and fixing fences, despite paying homeowner association dues and property taxes each year, someone else had taken a shine to it. Someone powerful.

Former Boulder District Judge, Boulder Mayor, RTD board member - among other elected positions - Richard McLean and his wife, attorney Edith Stevens, used an arcane common law called "adverse possession" to claim the land for their own.

All McLean needed was to develop an

"attachment" to it.

Undoubtedly, his city connections couldn't have hurt, either.

In the court papers, McLean and his family admit to regularly trespassing on the Kirlins' property.

They created paths. They said they put on a political fundraiser and parties on it (though not a single photograph of these events surfaced in court documents).

This habit of trespassing developed into an affection.

If we take McLean at his word, he should have been treated appropriately: like a common criminal. Instead, the former judge demanded a chunk of the land for himself - and implausibly he got it.

How did the Kirlins learn this travesty was afoot? Susie Kirlin was warned about it at a Boulder High School football game. Be cautious, her neighbor warned, someone has designs on your property.

"I laughed when I first heard it. I really didn't know that anyone had an emotional attachment to our land," Kirlin tells me. "I was quite surprised. I was even more surprised that someone could claim our land. But my neighbor told me this was a well- connected person and I should take it seriously."

When the couple began building a fence on the land - which is within Boulder city limits, not out in the wilderness - McLean was able, according to the Kirlins, to obtain a restraining order in an exceptionally speedy 2 1/2 hours.

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

Serendipity, I guess.

All of this adds up to District Judge James Klein ordering the Kirlins to sign over about 34 percent of their 4,750-square-foot lot to McLean and his wife last month.

"Now the lot is just about worthless," explains Don Kirlin. "We estimate the land was worth about $800,000 to a million dollars. Now, we can't build anything on it."

Surely, that was the goal.

To add insult, the case, which the Kirlins are appealing, has cost the family over $100,000 in legal fees.

Property rights, one of the foundational ideas of this nation, mean less and less these days. Abusive eminent domain cases are popping up all over the county. This, a bit different, is probably one of the most absurd cases I've heard.

Boulder has a reputation of being a, um, quirky town. Some of this is indisputably deserved. Judging from the angry reaction up there, however, most citizens are outraged. And that is certainly heartening.

Attempts to reach McLean were unsuccessful. His lawyer declined comment. McLean's legacy, we can only hope, is sullied for good.

But what lesson can we all learn from this episode? Easy. If you fancy some undeveloped property - and have no scruples - keep walking on it until you create a path.

Have a party.

Eventually, the land can be yours.

[RangerProbst]

"Adverse possession" is the standard for awarding title to squatters. This judge is able to successfully claim squatter's rights because the landowner didn't stop him from trespassing.

http://www.denverpost.com/harsanyi/ci_7501264

Property right wrongly taken
By David Harsanyi
The Denver Post
Article Last Updated: 11/19/2007 01:09:34 AM MST

The story is so absurd, so unfair, so ludicrous, I had a difficult time believing that it could actually happen - even in Boulder.

It's about a couple named Don and Susie Kirlin. They moved to the city in 1980. A few years later, the Kirlins purchased a plot of land near their residence, hoping to someday build a "dream home."

"We took advantage of the market in the early '80s," says Susie Kirlin, almost apologetic for making a smart investment.

Children interfered slightly with the master plan - three of them in the next few years - postponing any development of the property.

As the children began to make their own way in life, the couple decided it was time to finally develop the property in late 2006.

By then, it was too late.

Despite owning the land, despite living only 200 yards from the property, despite hiking past it every week with their three dogs, despite spraying for weeds and fixing fences, despite paying homeowner association dues and property taxes each year, someone else had taken a shine to it. Someone powerful.

Former Boulder District Judge, Boulder Mayor, RTD board member - among other elected positions - Richard McLean and his wife, attorney Edith Stevens, used an arcane common law called "adverse possession" to claim the land for their own.

All McLean needed was to develop an

"attachment" to it.

Undoubtedly, his city connections couldn't have hurt, either.

In the court papers, McLean and his family admit to regularly trespassing on the Kirlins' property.

They created paths. They said they put on a political fundraiser and parties on it (though not a single photograph of these events surfaced in court documents).

This habit of trespassing developed into an affection.

If we take McLean at his word, he should have been treated appropriately: like a common criminal. Instead, the former judge demanded a chunk of the land for himself - and implausibly he got it.

How did the Kirlins learn this travesty was afoot? Susie Kirlin was warned about it at a Boulder High School football game. Be cautious, her neighbor warned, someone has designs on your property.

"I laughed when I first heard it. I really didn't know that anyone had an emotional attachment to our land," Kirlin tells me. "I was quite surprised. I was even more surprised that someone could claim our land. But my neighbor told me this was a well- connected person and I should take it seriously."

When the couple began building a fence on the land - which is within Boulder city limits, not out in the wilderness - McLean was able, according to the Kirlins, to obtain a restraining order in an exceptionally speedy 2 1/2 hours.

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

Serendipity, I guess.

All of this adds up to District Judge James Klein ordering the Kirlins to sign over about 34 percent of their 4,750-square-foot lot to McLean and his wife last month.

"Now the lot is just about worthless," explains Don Kirlin. "We estimate the land was worth about $800,000 to a million dollars. Now, we can't build anything on it."

Surely, that was the goal.

To add insult, the case, which the Kirlins are appealing, has cost the family over $100,000 in legal fees.

Property rights, one of the foundational ideas of this nation, mean less and less these days. Abusive eminent domain cases are popping up all over the county. This, a bit different, is probably one of the most absurd cases I've heard.

Boulder has a reputation of being a, um, quirky town. Some of this is indisputably deserved. Judging from the angry reaction up there, however, most citizens are outraged. And that is certainly heartening.

Attempts to reach McLean were unsuccessful. His lawyer declined comment. McLean's legacy, we can only hope, is sullied for good.

But what lesson can we all learn from this episode? Easy. If you fancy some undeveloped property - and have no scruples - keep walking on it until you create a path.

Have a party.

Eventually, the land can be yours.

I don't know what to say.

[Lasse]

But of course. The couple were infringing on the judge's rights by owning property. Any self-respecting Georgist would tell you how wrong you are, how this couple are two slavers and the judge is a poor victim who achieved justice. Good I'm not one, then.

For anyone who doubted whether or not this Bill guy was just a troll; this is EthanAllenLand in reality.

[Pat K]

 

[Bill St. Clair]

Tyrant. Rope. Lamppost. Some assembly required.

[Ogre]

That would be a fun one for an event if it happened in NH.  We could get people to show up and start camping on the land that the judge now claims as his own.  If asked to leave, claim "adverse possession" and refuse to leave because we've formed an "emotional attachment" to the land.  Then, if forced to leave, sue in civil court for "emotional damages."

I know, it's just a dream because it would be pointless to fight the system from inside the system.  But maybe such actions would show a couple more people the absurdity of the system.

[John Edward Mercier]

'Adverse possession' in NH takes several years and must be done without the permission of the landowner. Currently a group of homeowners in the Weirs Beach area are claiming it for access to the lake. They've trespassed for twenty or more years, and even 'created' a beach (in violation of DES permitting).
So it can and does happen.

[slim]

Tyrant. Rope. Lamppost. Some assembly required.

How about "corrupt Judge", hot tar, bag O'feathers. It's a great party game 

[Porcupine_in_MA]

Slim, you don't own any property do you? Because if you do, I'm starting to feel emotionally attached to it.

[penguins4me]

I don't know what to say.

I'm thinking about giving this a shot out in the middle of BLM "owned" land...

[CNHT]

But of course. The couple were infringing on the judge's rights by owning property. Any self-respecting Georgist would tell you how wrong you are, how this couple are two slavers and the judge is a poor victim who achieved justice. Good I'm not one, then.

For anyone who doubted whether or not this Bill guy was just a troll; this is EthanAllenLand in reality.

You "Lasses" are pretty sharp people... you hit the nail smack on the head!

[ThePug]

I'd like to try this "adverse possession" deal on some of that Federally owned land out west. You know- that comprises something like 90% of all property out there. For some reason I think the law might be a little different when it comes to government owned land, though...

[buzzard]

What do you have when you see a lawyer buried up to it's neck in the sand?

Not enough sand....

If this happened anywhere near me I would pity the fool doing the land grab. There would not be a peaceful moment left in their remaining years. That judge and his wife (or whomever) would be confronted every day and night.

[Dreepa]

oh I thought my neighbor was being friendly when I asked if I could walk on the land behind my house.

My son is awful attached to that big rock out there.

$100K in legal fees?  Maybe for my defense attorney after I punch McLean.  unreal.

[coffeeseven]

I'd like to try this "adverse possession" deal on some of that Federally owned land out west. You know- that comprises something like 90% of all property out there. For some reason I think the law might be a little different when it comes to government owned land, though...

I would too but then we're nobody. We don't have the same rules these kings have.