Thursday, April 03, 2008

This is at least one less thing that private property owners have to worry about in Colorado but there is still some concern about when this law takes effect! (18 years ago from the start of the adverse possession or on this year being the first year for the start of adverse possession). Hopefully Governor Ritter will sign this!


Ritter receives 'adverse-possession' bill for approval
By Heath Urie (Contact)Originally published 03:40 p.m., April 3, 2008Updated 03:23 p.m., April 3, 2008
STORY TOOLS
A bill that would change the longtime legal concept of “adverse possession” gained final approval from the Colorado General Assembly today and is on its way to Gov. Ritter’s desk.
Evergreen Republican Rep. Rob Witwer and Boulder Democrat Sen. Ron Tupa are co-sponsoring House Bill 1148, which the pair crafted in the wake of a controversial Boulder land dispute.
McLean and Stevens sued neighbors Don and Susie Kirlin in 2006, using the long-standing doctrine — essentially a squatters’ rights law — to claim the land next door.
Ritter has 30 days to either approve or veto the bill, which has garnered overwhelming support among state lawmakers.
If he approves it, a “good faith” provision and other requirements would be added to the law of adverse possession, which now allows trespassers to claim land after using it openly and continuously for at least 18 years.
Witwer said the bill is a victory for property owners.
“It’s a great day for private-property rights,” he said. “I only wish we could have done it sooner.”
Tupa has said the bill will likely become “one of the strongest adverse-possession laws in the country.”
House Bill 1193, introduced by Rep. Claire Levy, D-Boulder, also is awaiting Ritter’s final approval.
If Ritter signs that bill, Colorado judges would be barred from presiding over cases involving other current or former judges within the same jurisdiction.
Levy said she sponsored the bill in reaction to the Kirlin case.

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