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Finally, a Boulder Property Rights Rally July 26

Contributed by: Eva Kosinski on 7/23/2008

In the grocery store, over the water cooler, at the watering hole after work, and in countless other places in Boulder County, folks have been bitterly complaining about the way the County treats the property rights of its citizens. We talk to one another, agreeing absolutely that it's unfair, that there have been some very shady dealings (some even deemed illegal by the courts) when it has to do with who gets to say what one can do with their own property. It seems somehow in Boulder County that you can take anything away from anyone if it can somehow be construed (in whatever manner it can be spun, however twisted) as either a new trail or open space, or if someone utters the word "lawsuit" (justified or not).

When the conversation moves to "so what do we do about this?" there are some immediate reactions, most of in the vein of "heck, I'm not getting up there and complaining about this; I might need to do something with my land, and you know how vindictive those folks can get. They'll make me wait forever, cost me all kinds of money in fees and stuff, and then probably won't give me "permission" to do what I want anyway." Permission?

Aside from the fact that you can only give someone permission to use something if it's yours in the first place (surely the Commissioners can't be deluded enough to think that the County actually owns all of the land - its responsibility is to *protect* the rights of citizens from abuse - property rights as well as others), let's think about what is actually being said here.

If we actually behave as we are supposed to under the Constitution - act as though it is our responsibility to ensure that government does not keep adding and adding to the powers constrained by the Constitution (which our elected representatives have sworn to uphold) - we believe that those in power will attack us. We believe that since they are humans and they get emotional, they will purposefully thwart our every wish, out of anger, or frustration, or out of pure spite. We don't believe that if we have an argument with their policies that they will listen objectively, think through the issues and do the right thing for the right reasons. We believe they can't be trusted not to turn on us.

Of course, they don't help that perception much. Not enough transparency, that sense that when one gets up to speak at meetings that the Commissioners are just impatiently tapping their fingers on the table waiting for us to be done with our petty complaints so that they can move on to doing whatever it is they planned to do in the first place, acting as though we are just here as so much fuel to be spent in the big overarching plan to make the perfect County - regardless of the constituents' needs or wants. These attitudes make it a whole lot more difficult for folks to trust them.

We have judges making arbitrary decisions (that they have been known to benefit from), leaving us feeling that the courts aren't any more looking after our interests than the Commissioners are.

Way down deep, we DO understand that human beings who get power, and who get used to it, are capable of retribution against those who foil their plans. We know that elected officials (since they are, by definition, human) can have the same flaws and emotional responses that everyone else has. The difference between them and the rest of us is that we are not subject to the same temptations.

We don't get invited to big events sponsored by national organizations who "advise" elected officials on how to behave. We don't grow used to the idea that we can have control over other peoples' "stuff." We aren't sucked up to by staff or party hacks, or invited to exclusive fundraisers and social occasions by those aiming to get their agendas attended to by government. We are just trying to live our lives, and do what we believe is best for ourselves, our families and our futures.

Any human can get sucked into the temptations; that's why the Constitution contains checks and balances in the first place. We just don't seem to use them in Boulder County, and we haven't called out our reps on just what they're up to, because we are afraid we'll find out they are just as human as we suspect they are, and they will come after us.

Finally, however, Boulderites seem to have "had it" with the overbearing attitudes, at least in the very personal and very critical area of property rights. Adverse possession takings, illegal land mergers, months and sometimes years in planning department hell for simple projects, changing rules on the fly, and a host of other abuses have, finally, taken their toll. People are really, really angry. So much so that they are actually taking to the streets. It's not surprising that this would suddenly boil over - this particular pot has been stewing for a long time, with the Commissioners adding and adding new abuses to the pot.

Groups like the Colorado Property Rights Coalition (http://www.thecprc.org) and the Land Use Coalition (http://www.landusecoalition.org) have been working on some of these problems for years, with some success, but now there appears to be enough anger to really make things happen.

This Saturday, July 26, there is a Property Rights Rally from 1-5 at the Boulder Band Shell. Those of you who truly believe in freedom of speech, who've been gathering to commiserate about how the County has been screwing you, should show up to show your support for the folks who've been willing to get out there and tell them off.

Details of the July 26 event can be found at http:// www.landgrabber.org. There are also folks from the Boulder Property Rights Coalition who will be circulating a petition asking for some common sense changes to the law to prevent future abuses.
There will be bands and other events, and plenty of contacts to make with folks who are fighting the same frustrations that you are. Come on down and make your voice heard too.

Here is the text of the petition:
---
The changes to the July 1, 2008 adverse possession law need to go further to protect landowners from the abuse of the law occurring in our community and perhaps elsewhere. Following is a proposal of amendments to ensure that the law is used under only limited circumstances. These changes will unburden the courts and legal system of unjust and frivolous lawsuits.

1. Loss of land rights is of such serious consequence for the legal title holder that cases should be decided by a jury of property-owner peers, unless otherwise requested by the defendant. The adverse possessor should not have input on this decision since he/she is the aggressor.

2. There should be no adverse possession in subdivisions or properties where the original survey, property pins and/or other monuments are available and accurate. Warranty Deed descriptions of lots and land shall be honored.
3. Adverse possession can only be claimed where there is a genuine mistake in boundary (ie. no survey or surveyor error) and reliance on the mistake has caused substantial monetary hardship. Acquiescence in boundary has to be proven (ie. written document signed by both parties). A good faith statement is not enough, because anyone can say that they thought the property was theirs.

4. If the jury determines that the lawsuit was an unjust attack on a valid title, the adverse possessor will be assigned the defendant's legal and court expenses (currently judge's discretion).

5. Any land awarded to the plaintiff must be paid for without exception and property tax reimbursement shall be mandatory (currently it is also judge's discretion).

6. The law currently states that the burden of proof lies with the adverse possessor to PROVE exclusivity and open and notorious occupation. Hearsay evidence should not be taken as proof; only factual evidence should meet this requirement. This burden of proof cannot be shifted to the legal title holder.



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CONTRIBUTOR INFORMATION

Eva Kosinski

Louisville , CO

Eva Kosinski has posted 122 stories and 14 comments since joining on 12/18/2005. Eva Kosinski 's average story rating is 4.92.
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