End Adverse Possession Now (EAPNOW) Supports New Washington Bill to Help Eliminate Legalized Land Theft

SEATTLE, Jan. 11, 2011 /PRNewswire/ -- The public is invited to "sign and support" House Bill 1026, which is a new bi-partisan bill that would help eliminate the practice of legalized land theft, otherwise known as adverse possession.  A public hearing is scheduled at the Washington State Capitol, January 13, 2011 at 10:00 a.m., House Hearing Room A, John L. O'Brien Building.  

With a mission to abolish adverse possession, End Adverse Possession Now today announced its official endorsement of House Bill 1026 and urges those in Washington to contact their representatives to support passage of this historic bill, and if possible, go to Olympia and show their support for HB 1026 on January 13.

This bill evidences a manifest change in public policy as outraged citizens call for legislative change to one of Washington's most outdated, unnecessary and unfair law – adverse possession.  Unchanged in Washington since the 1890's, adverse possession allows anyone to legally take land from another for free provided they meet certain requirements.  

House Bill 1026 makes that more difficult.  This new bill would stymie land thieves who pervert the existing law by adding three new requirements.  The benefits of these changes are:

1. Impose a stronger evidentiary requirement – "the person asserting the claim must prove each element of the claim by clear and convincing evidence;"
2. Require equitable remuneration – "the person asserting the claim of adverse possession is liable for the costs and reasonable attorneys' fees of the party defending against the claim of adverse possession;"
3. Provide tax fairness – "The prevailing party in an action involving a claim of adverse possession of real property is liable for any taxes levied on the real property during the period of adverse possession that were paid by another party or that are owed to the county assessor of the county in which the real property is located."

"Washington is no longer in the wild-wild-west.  Times have changed, and it is now time for the law to change," says Christopher McKie, Founder of End Adverse Possession Now.  "Adverse possession laws have already been changed in Colorado and New York, making it much harder for squatters and thieves to take land for free.  It is time for Washington to do the same and fix this unbelievably unfair and outdated law."

Arcane and unknown to many people, adverse possession is a legal fiction that stretches back more than 800 years.  It originates from a medieval common law doctrine where a person who uses the land of another for a period of time becomes the owner of that property, defeating all rights of the true owner.  In other words, it is a way to take land from another without paying for it; hence why it is called legalized land theft.

Adverse Possession Needs to End Now

Much like laws of slavery, dowry and other laws that society has found to be repugnant, the justification for having adverse possession no longer applies today.  Adverse possession claims undermine public faith and confidence in land recording systems, payment of land taxes, and even contradicts the U.S. Constitution's Fifth Amendment "takings" clause, which provides that if the government takes property, it must provide "just compensation."  Fundamental fairness simply does not apply to claims of adverse possession, which explains why citizens cannot steal land from the government under adverse possession.  The government is protected from legalized land theft, but ordinary people have no recourse.  This bill, HB 1026, helps prevent adverse possession abuse, which is why End Adverse Possession Now (EAPNOW) urges the public to contact their local representatives and voice their support for this bill.

End Adverse Possession Now

Created in 2009, End Adverse Possession Now (EAPNOW) is an organization dedicated to the abolition of adverse possession.  With public support, EAPNOW works with legislators and their staff, administrative bodies, industry associations and other organizations to eradicate laws of adverse possession in all U.S. jurisdictions. Go to: www.eapnow.org or http://EndAdversePossession.blogspot.com/ for more information.

SOURCE End Adverse Possession Now