Obtaining neighboring property through adverse possession would be made more difficult under a bill that has won approval from the House Judiciary Committee.
House Bill 1148, sponsored by Reps. Rob Witwer, R-Jefferson County, and Claire Levy, D-Boulder, comes in response to a Boulder case in which a couple used adverse possession to obtain part of their neighbors’ property, sparking community outrage. Under Colorado law, a person can sue to obtain property if they can show they have been using it unchallenged for 18 years.
The bill would change the current law’s “preponderance of the evidence” threshold to a higher “clear and convincing evidence” standard.
The measure also allows a judge to award compensation to a property owner whose land is taken based on the property’s most recent assessed value. It also would prohibit adverse possession from being used to take property from nonprofits.
The bill now goes to the full House.
