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Bill would stop some property takings

Published on 06/14/2007

OFBF is backing a bill that would help protect landowners from losing their property to claims of adverse possession.

Under these claims, a person can acquire title to land if they have occupied it without the owner's permission for at least 21 years.

"This has become more common as counties are starting to require updated surveys and landowners are finding out that the property line and the fence line don't match up," said Larry Gearhardt, OFBF senior director of local affairs.

A bill introduced by Sen. Larry Mumper, R-Marion, would block an individual from claiming adverse possession unless they had paid all taxes and special assessments while they occupied the disputed property.

Gearhardt pointed out that some current adverse possession claims should not be allowed.

"If there is an empty field next to your property and over the years that's where you plant your garden and let your kids play baseball, you could eventually claim adverse possession of that property," he said. "That's not right."

Gearhardt expects the bill to narrow which cases can qualify for such takings.

"Courts will be focusing more on the facts of the case, such as did an individual pay all of the taxes in a timely manner. We aren't going to see as many disputes over the legality of adverse possession claims," he said.

 
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