Friday, November 23, 2007

Former Boulder Colorado Mayor Steals Neighbors' Land by Adverse Possession

Warning: Reading this will really make your blood boil


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."

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.

The idea of adverse possession dates back to the frontier days. When a farmer on the frontier squatted on some land and farmed it and built improvements, he could gain title to the land. It is an outdated legal concept that has no relevance to today and should be wiped out, just like the practice of using eminent domain to seize someone else's property.

Richard McLean's address and phone:

2059 Hardscrabble Drive

Boulder, CO 80305

303-494-3324

Call him and let him know what you think.

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