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Friday, November 30, 2007


How to "own" land in Boulder

I have recently finished reading an article by Rich Tosches in the Colorado Springs Independent this past week. This article was titled How to "own" land in Boulder. If you have not heard or read any of Mr. Tosches article, he is an accomplished writer/humorist who has written for the Colorado Springs Gazette and the Rocky Mountain News. Although, I do not place alot of factual merit on newspaper articles, he certainly is a trusted source in reporting during my time in Colorado Springs. This article was written in response to a land-use and the efficient use of property rights. I have not read the ruling on this specific case, yet the outcome is ludicrous.

In the city of Boulder Colorado a Judge recently ruled that the owners of a 4,700 square foot parcel of land must give one-third of this land to adjacent property owners. The "rightful" owners (Kirlin) of this land had owned the land for 23 years and had plans to build their dream house on this property. In the time they had owned this land they had paid property taxes along with Home Association Dues (HOA) on the vacant land. The adjacent property owners' (McLean & Stevens) had been using the land during this period as a resting place and for a pathway to the back of their home. The judge ruling for the McLean & Stevens (plaintiff) was as follows: "Plaintiff's attachment to the land is stronger than the true owners' attachment. Whereas the Kirklins were unaware of plaintiffs' use of the land during virtually their entire period of ownership, plaintiffs have efficiently used the land on a daily basis. Given this history of use, the equities favor transfer of title."

It is hard to imagine a life without individual property rights, rule of law or common sense. All these have been thrown aside with this with this judges ruling. I find little equity in the transfer of ones property rights to another strictly on a unauthorized use of the property over the last 23 years. I see no efficiency in the use of an others property without their consent. The final slap in the face is McLean and Stevens are seeking to have their attorney's fess paid for by the Kirklins. This is a sad period for the "People's Republic of Boulder and the State of Colorado.

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