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Government of, by and for the Privileged
11/25/07 | joanie-f

Posted on 11/25/2007 6:31:07 PM PST by joanie-f

Kirlins1.jpg
Don and Susie Kirlin of Boulder, Colordao.

How many times have we heard about government abuses of the right to own property going on in neighborhoods across America, in the form of the invoking of the right of ‘eminent domain’, and the corruption of other legal concepts? Kelo vs. New London is probably the most publicized of such unconstitutional atrocities, but similar atrocities occur daily across this country.

How many of us have attempted to help the victims of such abuses of power? I myself have done so no more than once or twice.

I ask any FReeper who happens upon this thread to take ten minutes of his or her day to read about one such abuse of power. In terms of land area, it is a small abuse, and it affects only two ordinary American citizens who wield no more power than you or I. But its ramifications are enormous. If we’re not going to decide to stand shoulder-to-shoulder with the two relatively anonymous Americans I’d like to introduce to you, exactly when will we decide that it’s time to unite in revolt against the growing ‘privileged elite’ in this country, and the menace they represent to us all? The so-called legal/justice system is using all manner of wicked precedent to commit major, obscene private land grabs ... all such crimes tracing back to a desire for more wealth and power on the part of those who already wield more than you or I.

Before inserting the precious words ‘life, liberty and the pursuit of happiness’ into the Declaration, our Founders seriously considered using the wording ‘life, liberty and property’ (as originated by John Locke). I believe the latter to be a more powerful representation of our inalienable rights, but apparently the modern American government/judicial system vehemently disagrees with either expression.

Don and Susie Kirlin own a vacant lot, worth roughly a million dollars in today’s market, on the outskirts of Boulder, Colorado. They purchased it about twenty years ago with the idea of eventually building a home there. It is located just down the road from their current home, they walk by the land regularly, and they have been paying taxes on it faithfully for the past two decades.

Unfortunately for the Kirlins the couple that owns a home adjacent to their lot consists of a county judge, Richard McLean, and his wife, Edith Stevens, who is also an attorney. McLean and Stevens have been active, and powerful, in Boulder County politics for decades. It seems that this ambitious couple has been using a portion of the Kirlins’ land to occasionally hold their own private parties, and, in doing so, they have also created worn pathways through portions of that land.

Kirlins pathway.jpg

It also would appear that these two believe that, if the Kirlins build a home on the land they purchased for just that reason, the view of the surrounding landscape from their own home would be diminished.

When the Kirlins attempted to build a fence on a portion of their vacant land before beginning construction on it, McLean and Stevens had a restraining order issued against them, stating that, since they had been using the land themselves for some time, they had become ‘attached’ to it and they are claiming it as their own. The restraining order was issued within a few hours of their request for it. Apparently the wheels of justice move at lighting speed, if the person requesting the moving has the right connections.

As a result, McLean and Stevens have invoked the doctrine of ‘adverse possession’, which allows a citizen to claim another’s property simply by virtue of using it for a specified period of time, in order to declare one third of the Kirlins’ land as their own. A Boulder judge has ordered the Kirlins to hand over to McLean and Stevens one-third of their land, which will result in their no longer owning sufficient land on which to construct not only their dream home but any home at all.

As if the preceding weren’t evidence in itself of unmitigated chutzpah, McLean and Stevens are not only claiming to ‘own’ a large portion of the land in question (without ever having paid a penny for it, or any of the taxes incumbent in its ownership), but they are also asking the court to rule that the Kirlins must pay any legal fees that they incur in order to achieve this particular theft.

Thus, as is becoming increasingly common in Amerika 2007, two people in power have decided to use a corrupt system to steal from someone else of lesser political stature -- in this case, out in the open, and without conscience or remorse.

Needless to say, the Kirlins are appealing the ruling (and amassing large, and no doubt growing, legal fees in the process). But I wouldn’t be taking any bets on their success. ‘Fighting city hall’ is fast becoming an empty phrase anymore, because the concepts of government of, by and for the people -- originally made possible by public servants who value individual rights more than government power -- is fast heading for extinction, as corruption, greed, and lust for power achieve a momentum that has become virtually relentless and unstoppable. Not to mention the fact that both the eighth (re: coveting) and tenth (re: stealing) of the Ten Commandments have essentially been declared null and void.

This case vividly portrays the battle between the average American citizen and our modern American 'ruling elite'. Yet too many Americans are more interested in the comfort of our couches, and the proximity of our remote controls, than we are in the plight of the likes of the Kirlins -- victims of a system gone awry.

Unless we Americans start giving a damn about the abuses that our neighbors suffer under tyrannical government dictates, those abuses will someday affect us, and there will be nobody left who can turn the tragedy around.

The only difference between appeasement and surrender is the passage of time.

Contact Information for Boulder, Colorado officials (and thanks, in advance, to all who avail themselves of this source of redress):

Cindy Domenico, Boulder County Commissioner

Ben Pearlman, Boulder County Commissioner

Will Toor, Boulder County Commissioner

Joan Fitzgerald, Colorado State Senator, District 16

Brandon Shaffer, Colorado State Senator, District 17

Ron Tupa, Colorado State Senator, District 18

Alice Madden, Colorado State Representative, District 10

Jack Pommer, Colorado State Representative, District 11

Paul Weissmann, Colorado State Representative, District 12

Claire Levy, Colorado State Representative, District 13

Dianne Primavera, Colorado State Representative, District 33

Resources:

Legal Landgrab Should Be Overturned on Appeal

Kirlin’s Lost Land

Boulder Couple Accuses Former Judge, Mayor of Land Grab

Hard Feelings on Hardscrabble Drive

~ joanie
Allegiance and Duty Betrayed


TOPICS: Your Opinion/Questions
KEYWORDS: adversepossession; boulder; colorado; corruption; democratparty; eminentdomain; kelo; kirlin; landgrab; mclean; propertyrights; stevens
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1 posted on 11/25/2007 6:31:08 PM PST by joanie-f
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To: Czar; tet68; EternalVigilance; philman_36; B4Ranch; ken5050; The Spirit Of Allegiance; radioman; ...

Your involvement solicited.


2 posted on 11/25/2007 6:32:34 PM PST by joanie-f (If you believe that God is your co-pilot, it might be time to switch seats ...)
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To: joanie-f

When a nation loses their reverence for their Creator, and all respect for the right to lives of those who are made in His image, they should not be surprised to see the liberties that are His gift melt away like butter in the July noon-day sun.


3 posted on 11/25/2007 6:36:31 PM PST by EternalVigilance (With "conservatives" like these, who needs liberals??)
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To: joanie-f

This is an outrage. I’ll be sending an email to all the links as soon as I settle down enough to do so.


4 posted on 11/25/2007 6:36:52 PM PST by Minuteman23
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To: joanie-f

The judge should be disbarred, if not sitting in a jail cell.


5 posted on 11/25/2007 6:37:42 PM PST by tbw2 (Science fiction with real science - "Humanity's Edge" - on amazon.com)
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To: joanie-f; Dukie; Squantos; JohnHuang2; RobFromGa; k.trujillo; Travis McGee; jim macomber; ...
Joanie, this is a travesty. This is a demonstration of how such corruption and lust for power and control at all costs, how a willingness to crush the legal system, using it against itself, reaches further and further down into society.

No honest judge should have ever entertained such a motion. This is, as you say, blatant, out in the open, THEFT, and felony theft at that, under the guise and color of law.

I will be writing each of those envolved and listed in your email and urge all on this ping list to do the same.

I know these theives are pointing to a "law" that would allow them to accomplish this...but it is a law that is being wrested and corrupted to these people's gain, and for that reason, alone, and an honest judge should not even have considered it IMHO.

6 posted on 11/25/2007 6:45:27 PM PST by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: joanie-f

boulder:

“10 square miles surrounded by reality.”


7 posted on 11/25/2007 6:45:32 PM PST by ken21 ( people die + you never hear from them again.)
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To: mollynme; beaversmom; mtngrandpa; CardCarryingMember.VastRightWC; moondoggie; Jenny Hatch; ...

ping


8 posted on 11/25/2007 6:51:11 PM PST by joanie-f (If you believe that God is your co-pilot, it might be time to switch seats ...)
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To: traviskicks

ping


9 posted on 11/25/2007 6:52:52 PM PST by KoRn
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To: Jeff Head
I will be writing each of those envolved and listed in your email and urge all on this ping list to do the same.

Thanks, Jeff. I agree entirely with your take on this and am so glad that you will be writing to the appropriate officials. If enough of us do that, it can make them realize that they have to hold the judge (and the thieves) accountable.

~ joanie

10 posted on 11/25/2007 6:53:15 PM PST by joanie-f (If you believe that God is your co-pilot, it might be time to switch seats ...)
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To: EternalVigilance
Agreed. You seem to echo Alan Keyes' central campaign theme almost verbatim -- which is to say, you're able to see past the purposefully-created diversions right to the core of our national rot.

(Bravo!)

11 posted on 11/25/2007 6:55:36 PM PST by joanie-f (If you believe that God is your co-pilot, it might be time to switch seats ...)
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To: Minuteman23

Thank you.


12 posted on 11/25/2007 6:55:59 PM PST by joanie-f (If you believe that God is your co-pilot, it might be time to switch seats ...)
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To: tbw2
The judge should be disbarred, if not sitting in a jail cell.

Agreed. But not holding my breath.

13 posted on 11/25/2007 6:56:40 PM PST by joanie-f (If you believe that God is your co-pilot, it might be time to switch seats ...)
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To: joanie-f; nicmarlo; EternalVigilance

“The only difference between appeasement and surrender is the passage of time.”


No, the difference is in disillusionment about disenfranchisement via a better understanding of the ‘devices of the wicked’ as mentioned in Proverbs—and the hope and WILL and resources to defend one’s turf.

Meanwhile, to paraphrase another, “Tyrants wage (economic) war when the price of aggression is cheap.”

And it sounds like these lawyer-trespassers are indeed tyrants—their neighbor apparently let them use the property an inch and now they want to take a mile. There is a Biblical curse on those who return evil for good. May they not rest well until their consciences force them to make things right.


14 posted on 11/25/2007 6:58:13 PM PST by The Spirit Of Allegiance (Public Employees: Honor Your Oaths! Defend the Constitution from Enemies--Foreign and Domestic!)
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To: joanie-f

This calls for a FReeping, if this is true.

15 posted on 11/25/2007 6:59:44 PM PST by Constantine XIII
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To: joanie-f

Interesting.

The corruption of politicians and judges is something that people have to learn to live with. Obviously these two scumbags, Richard McLean and Edith Stevens, have absolutely no fear of the Kirlins. And if the Kirlins are unable or unwilling to “think outside the box”, then they will continue to tilt at windmills and they will ultimately lose their land.

I guarantee you, there are plenty of people in this country who McLean and Stevens wouldn’t dream of trying to rob through the legal system. And the courts and judges and lawyers and cops have nothing to do with it.

Que sera sera.


16 posted on 11/25/2007 7:00:39 PM PST by Lancey Howard
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To: joanie-f; mondoman; Gman; fivetoes; mollynme; Ms12Gauge; Types_with_Fist; RandallFlagg; ...



Colorado Freepers, scramble for intercept! -- Your involvement solicited.


This message brought to you by FREEPNORAD. If anyone wants on or off this ping list, say so by FReepmail.


17 posted on 11/25/2007 7:00:56 PM PST by The Spirit Of Allegiance (Public Employees: Honor Your Oaths! Defend the Constitution from Enemies--Foreign and Domestic!)
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To: joanie-f; OAKC0N; time4good; Mike32; genxer; PatriotEdition; Simul iustus et peccator; ...

Ping!


18 posted on 11/25/2007 7:01:04 PM PST by narses (...the spirit of Trent is abroad once more.)
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To: joanie-f
McLean and Stevens have been involved in local politics for decades: he as a judge, city councilman and mayor; she as a political activist and chairwoman of the Boulder County Democratic Party.
19 posted on 11/25/2007 7:02:17 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: colorado tanker

McLean retired from the bench in 1996.

He was elected in 1998 to serve as Boulder’s representative on the Regional Transportation District’s board of directors and lobbied for the passage of the FasTracks transit expansion in 2004...


20 posted on 11/25/2007 7:03:56 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: joanie-f

This was posted before as a news piece. There’s nothing political, or elitist about this. The Kirlins failed to protect their land for over 20 years and let the neighbors use it w/o protest and w/o even noting what went on there. It’s a case of adverse possession pure and simple.


21 posted on 11/25/2007 7:03:59 PM PST by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: joanie-f

Yeah, he and I are definitely simpatico. Have been ever since the first day we met a dozen years ago. That’s what happens when you base your views on the same Bible, the same history, and the same national founding principles.


22 posted on 11/25/2007 7:04:50 PM PST by EternalVigilance (With "conservatives" like these, who needs liberals??)
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To: joanie-f
Just sent the following email to each of those listed...the County Commissioners and the State Legoislators:
Boulder County Commissioners and Colorado State Legislators

To whom it may concern,

I am writing you in reference to a situation on the outskirts of Boulder, Colorado concerning Don and Susie Kirlin and the lot they have owned for 20 years and have faithfully paid taxes on.

Don and Susie own this lot, worth roughly a million dollars in today’s market, on the outskirts of Boulder. They purchased it about twenty years ago with the idea of eventually building a home there. It is located just down the road from their current home, they walk by the land regularly, and, to my understanding, they have been paying taxes on it faithfully the entire time.

Unfortunately for the Kirlins the couple that owns a home adjacent to their lot consists of a county judge, Richard McLean, and his wife, Edith Stevens, who is also an attorney. McLean and Stevens have been active, and powerful, in Boulder County politics for decades. It seems that this couple has been using a portion of the Kirlins’ land to occasionally hold their own private parties, and, in doing so, they have also created worn pathways through portions of that land.

It also would appear that these two believe that, if the Kirlins build a home on the land they purchased for just that reason, the view of the surrounding landscape from their own home would be diminished.

When the Kirlins attempted to build a fence on a portion of their vacant land before beginning construction on it, McLean and Stevens had a restraining order issued against them, stating that, since they had been using the land themselves for some time, they had become ‘attached’ to it and they are claiming it as their own. The restraining order was issued within a few hours of their request for it. Apparently the wheels of justice move at lighting speed, if the person requesting the moving has the right connections.

As a result, McLean and Stevens have invoked the doctrine of ‘adverse possession’, which allows a citizen to claim another’s property simply by virtue of using it for a specified period of time, in order to declare one third of the Kirlins’ land as their own. A Boulder judge has ordered the Kirlins to hand over to McLean and Stevens one-third of their land, which will result in their no longer owning sufficient land on which to construct not only their dream home but any home at all.

This is a travesty and an outrage, and should not be allowed to stand. It is nothing short of theft under the color and guise of law and, in my opinion, no honest judge should have ever entertained such a self-serving motion that clearly wrests and corrupts a law to the personal gain of these individuals.

Please use whatever influence and capabilities you may have under the law to ensure that this travesty is reversed and that the Kirlins are reinstated in full as the rightful and legal owners of thos property that they have bought and paid for and maintained for so many years.

I know I do not reside in your area, but I view this as an issue that should concern all Americans. If it can occur there, it can occur here, and as such, I intend to contact everyone I know and bring this issue to the attention of lawmakers, policy makers, government officials, and the media in an effort to get it the attention it deserves and to turn back what I consider to be an abject abuse of the system and travesty.

Sincerely,

Jeff Head
Emmett, Idaho

23 posted on 11/25/2007 7:05:20 PM PST by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: All
It’s a case of adverse possession pure and simple.

That we even have such a concept of "adverse possession" says volumes about the extreme depth to which this country's legal system has been corrupted.

Kiss it all goodbye, the rule of man now prevails.

24 posted on 11/25/2007 7:10:40 PM PST by sionnsar (trad-anglican.faithweb.com |Iran Azadi| 5yst3m 0wn3d - it's N0t Y0ur5 (SONY) | UN: Useless Nations)
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To: spunkets
There’s nothing political, or elitist about this. The Kirlins failed to protect their land for over 20 years and let the neighbors use it w/o protest and w/o even noting what went on there. It’s a case of adverse possession pure and simple.

In what way are landowners supposed to "protect" their land? If they keep it clean and pay their taxes on it, exactly what other responsibility do they have? Are we required to monitor our land a regular intervals, just in case someone else decides to use it?

Also, according to what I have read on the case, many of the neighbors have stated that McLean and Stevens only began "using" the land after the Kirlins suggested that they would soon be ready to build on it. The fact that they had been using it for twenty years is not backed up by photographs taken more than two years ago, or the testimony of other neighbors.

This appears to be a recently-hatched idea by McLean and Stevens. And even if it weren't, the 'legality' of this interpretation of adverse possession is immoral, at best.

25 posted on 11/25/2007 7:11:42 PM PST by joanie-f (If you believe that God is your co-pilot, it might be time to switch seats ...)
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To: spunkets
If they did not know it was happening, how could they protest it?

They owned the land, they maintained it and paid taxes on it. They should not be subjected to this type of "squatter" policy.

If someone had lived there, and housed their family there, or used it for access to another piece of their own lands or public lands...and if the Kirlins knew about it and did nothing to prevent it or ask them to leave, then there may be a case for either adverse possession or getting a easement. But this is simply a couple wanting to exert their will on the rightful and legal owners of the land...and as such is is a corruption of the intent of the and the "Adverse Possession" is just another term for theft...but under the color of law. IMHO, it should never have been entertained in the first place and should be spoken out against.

26 posted on 11/25/2007 7:12:16 PM PST by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: KoRn

bookmark, there was an earlier story on this we pinged the list to, can’t seem to find it...


27 posted on 11/25/2007 7:13:05 PM PST by traviskicks (http://www.neoperspectives.com/Ron_Paul_2008.htm)
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To: joanie-f

If I were the Kirlins, I would be letting these people know that if they are successful, I will be installing a combination KimShee and sewage treatment plant on my remaining land. Not to mention the swine farm adjacent.


28 posted on 11/25/2007 7:13:23 PM PST by badbass
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To: joanie-f; Jeff Head

Email sent to each one.

Keep us updated Joanie!

Tom Eaker


29 posted on 11/25/2007 7:13:45 PM PST by Eaker (If illegal immigrants were so great for an economy; Mexico would be building a wall to keep them in)
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To: Jeff Head
Very well said. If the Colorado 'powers that be' receive sufficient letters expressing this kind of concern and outrage, their feet will indeed be held to the fire. The players in this tragedy need to be held accountable.

Yours is an example of the kind of letter these players must receive.

Sincere thanks, friend.

~ joanie

30 posted on 11/25/2007 7:16:00 PM PST by joanie-f (If you believe that God is your co-pilot, it might be time to switch seats ...)
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To: Jeff Head
" This is a travesty and an outrage, and should not be allowed to stand."

No one, but the Kirlins are responsible for what happened here. This is a simple case of adverse possession. The Kirlins failed for over 20 years to take care of their property in any way whatsoever. They didn't care that the neighbors were using it openly and notoriously for more than that entire time. They were not just throwing parties there, they landscaped it and used it for access to their own property.

31 posted on 11/25/2007 7:17:33 PM PST by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: badbass
Fine ideas, both. :)

I received a few private replies when I posted this on my blog, some of which suggested even more 'stringent' responses (none of which are mentionable here). :)

~ joanie

32 posted on 11/25/2007 7:17:47 PM PST by joanie-f (If you believe that God is your co-pilot, it might be time to switch seats ...)
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To: Eaker
Email sent to each one.

Thank you!

Keep us updated Joanie!

Will do.

~ joanie

33 posted on 11/25/2007 7:18:52 PM PST by joanie-f (If you believe that God is your co-pilot, it might be time to switch seats ...)
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To: spunkets

Why are you supporting this illegal land grab?


34 posted on 11/25/2007 7:21:01 PM PST by Eaker (If illegal immigrants were so great for an economy; Mexico would be building a wall to keep them in)
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To: traviskicks

http://www.freerepublic.com/focus/f-news/1924861/posts?page=99#99


35 posted on 11/25/2007 7:22:25 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: spunkets
No one, but the Kirlins are responsible for what happened here

Sorry, but that is so much Bravo Sierra. The Kirlins did not file a motion, the Kirlins did not tresspass on others land.

No, the other couple is responsible. It is they who tresspassed, it is they who have filed the court papers to use this particular loophole in the law to their abject, self interest.

For all of those reasons it should have never been considered...and should now be overturned and undone.

36 posted on 11/25/2007 7:22:33 PM PST by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: spunkets
There’s nothing political, or elitist about this. The Kirlins failed to protect their land for over 20 years and let the neighbors use it w/o protest and w/o even noting what went on there. It’s a case of adverse possession pure and simple.

That's ludicrous. There's nothing that says a landowner has to keep constant track of his land just to make sure some potential thief isn't "using" it. It sounds like this plan has been in the works for a while, and the Kirlins were kind enough to let the other two spill over onto their property when they entertained, never dreaming they'd repay their kindness by stealing from them.

37 posted on 11/25/2007 7:23:17 PM PST by SiliconValleyGuy
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To: spunkets
The Kirlins failed to protect their land for over 20 years and let the neighbors use it w/o protest...

I have to agree. As unfortunate and unfair as it might seem to the Kirlins.

There are easement rights granted to non property owners every day in thousands of real estate cases across America.

If someone is "allowed" to use a property WITHOUT PROTEST for a certain number of years, then that "use" becomes a defacto part of that property, regardless of the property owner's wishes.

Driveways, roadways, electrical lines, utility lines, walking paths, etc.

It becomes grandfathered into the property through an Easement right.

The Kirlins, unfortunately, probably did not know they were losing their rights over the years.

38 posted on 11/25/2007 7:24:14 PM PST by Edit35
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To: Jeff Head

Somebody needs to start boiling the tar... I’ll order up some feather pillows on Ebay.


39 posted on 11/25/2007 7:24:43 PM PST by babygene (Never look into the laser with your last good eye...)
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To: traviskicks; All

FYI, Here are some of the previous articles about this story that I am familiar with—there may be more that have been posted:

A Warning for Property Owners (Boulder, CO)
http://www.freerepublic.com/focus/f-news/1924861/posts

Retired judge: This land is my land (Jurist rules in favor of colleague, snatches $1 million parcel)
http://www.freerepublic.com/focus/f-news/1925997/posts

Land Lost After Boulder Couple Failed To Use It
http://www.freerepublic.com/focus/f-chat/1926521/posts

Panel won’t probe Boulder land ruling
http://www.freerepublic.com/focus/f-news/1929194/posts


40 posted on 11/25/2007 7:25:07 PM PST by beaversmom
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http://www.freerepublic.com/focus/f-news/1925997/posts


41 posted on 11/25/2007 7:25:29 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: All

Kirlins website:

http://www.landgrabber.org/


42 posted on 11/25/2007 7:26:36 PM PST by beaversmom
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To: The Spirit Of Allegiance; joanie-f; george76

Thanks for the pings. Thanks george76 for the ping to the article you posted the other day.


43 posted on 11/25/2007 7:27:57 PM PST by beaversmom
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To: george76
FR -- 1929200 -- 11/20/2007
44 posted on 11/25/2007 7:28:10 PM PST by Buddy B (MSgt Retired-USAF)
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To: Rock&RollRepublican

An easement is one thing...out and out ownership of 1/3 of the land is another. Particularly when the intent of such laws was never meant to rise to this level. It is an abuse of the law, and theft under the color of that law, and should not have been entertained.


45 posted on 11/25/2007 7:28:38 PM PST by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: beaversmom

Thanks for all of your good work.

Hopefully, we can make a difference.


46 posted on 11/25/2007 7:29:17 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: joanie-f
"In what way are landowners supposed to "protect" their land?"

If you own land, you keep tresspassing folks that are landscaping it and using it openly as access to their own property off. If the other neighbors think the treesspassers own it, and they don't know who the real owners are and have never met them, the owners are not being responsible for hteir own land.

"Are we required to monitor our land a regular intervals, just in case someone else decides to use it?"

Absolutely! If you fail to do so for ~20yrs, those that have used it over that time, openly and w/o the owners complaint, get to claim it as theirs.

"Also, according to what I have read on the case, many of the neighbors have stated that McLean and Stevens only began "using" the land after the Kirlins suggested that they would soon be ready to build on it."

No. the Kirlins only showed up to build hte fence, because htey found out they were way too late to stop what they had been allowing for over 20 yrs. Their neighbors confirmed that in court. Their neighbors thought the judge owned the land, because they had watched him take care of it over htat time. They never knew, ow saw the Kirlins.

"The fact that they had been using it for twenty years is not backed up by photographs taken more than two years ago, or the testimony of other neighbors."

No. No neighbors backed the Kirlins. They backed the judge. I'll see if I can go back and find the court docs.

"the 'legality' of this interpretation of adverse possession is immoral, at best."

No. It's adverse possession and it's legal in all 50 states. Landowners are required to know the law regarding this and in fact they were negligent in not doing so.

47 posted on 11/25/2007 7:29:30 PM PST by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: george76
Apparently you have been discussing this before. Thank you for that, and for any support you have garnered for the Kirlins.

~ joanie

48 posted on 11/25/2007 7:29:32 PM PST by joanie-f (If you believe that God is your co-pilot, it might be time to switch seats ...)
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To: Buddy B

Thanks for the ping.


49 posted on 11/25/2007 7:30:51 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: spunkets

Have you ever owned land? If so, when you purchased it were you advised about “adverse possession”? If not, how exactly were you supposed to know it existed? Were you supposed to divine it?


50 posted on 11/25/2007 7:32:29 PM PST by SiliconValleyGuy
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