Summary of HB08-1148
Short Title: Adverse Possession

Sponsors: Witwer & .../Tupa

On or after the effective date of the act, in addition to any other requirements specified in current law, specifies that a person may acquire fee simple title to real property by adverse possession only upon satisfaction of each of the following conditions:
* The person and any predecessors in interest of the person, as applicable, have satisfied all of the elements of a claim Gardner B., Garza-Hicks, Hodge, Jahn, Kerr A., Kerr J., King, Labuda, Lambert, Liston, Looper, Lundberg, Marostica, May M., McKinley, McNulty, Mitchell V., Peniston, Scanlan, Sonnenberg, Summers, Swalm, Vaad, and Weissmann Cadman, Gibbs, Kopp, Penry, Renfroe, Romer, Sandoval, Wiens, and Williams for adverse possession required at common law.
* The person claiming by adverse possession, or the person's predecessor in interest, had a good faith belief that the person was the actual owner of the property, and the belief was reasonable under the circumstances. In order to prevail on a claim asserting a claim of title to real property by adverse possession, requires the person asserting the claim to prove each of the elements of the claim by clear and convincing evidence. Exempts certain provisions of the act from a claim for adverse possession for the purpose of establishing a prescriptive easement. Prohibits a person from maintaining an adverse possession claim under circumstances where the claim would deprive certain charitable organizations of title to undeveloped land. Where the person asserting a claim of title to real property by adverse possession prevails on such claim, authorizes the court to determine, based upon the facts and circumstances of the case, whether to award the nonprevailing party an amount representing the fair market value of the property that is the subject of the claim as well as an amount representing any property taxes or other assessments levied on the subject property the nonprevailing party has paid from the commencement of the limitation period.

Status
01/15/2008 Introduced In House - Assigned to Judiciary
02/06/2008 House Committee on Judiciary Pass Amended to House Committee of the Whole
02/11/2008 House Second Reading Laid Over
02/12/2008 House Second Reading Laid Over
02/13/2008 House Second Reading Laid Over
02/14/2008 House Second Reading Laid Over
02/15/2008 House Second Reading Passed with Amendments
02/18/2008 House Third Reading Passed
02/20/2008 Introduced In Senate - Assigned to Judiciary
03/12/2008 Senate Committee on Judiciary Pass Amended to Senate Committee of the Whole
03/17/2008 Senate Second Reading Laid Over
03/18/2008 Senate Second Reading Laid Over
03/19/2008 Senate Second Reading Laid Over
03/20/2008 Senate Second Reading Laid Over to 03/24/2008
03/24/2008 Senate Second Reading Laid Over Daily
03/25/2008 Senate Second Reading Laid Over Daily
03/26/2008 Senate Second Reading Laid Over Daily
03/27/2008 Senate Second Reading Laid Over
03/28/2008 Senate Second Reading Passed with Amendments
03/31/2008 Senate Third Reading Passed
04/02/2008 House Considered Senate Amendments - Result was to Laid Over Daily04/02/2008
04/03/2008 House Considered Senate Amendments - Result was to Laid Over Daily04/03/2008
04/03/2008 House Considered Senate Amendments - Result was to Concur - Repass
04/14/2008 Signed by the Speaker of the House
04/16/2008 Signed by the President of the Senate
04/16/2008 Sent to the Governor
04/25/2008 Governor Action - Signed

Amendments

Fiscal Notes Status: No fiscal impact for this bill

To View Entire Bill >