Frost, I posted the case holding in the other thread. Wasn't his land.
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I'll add one qualifier, Frost. I think the way they went about it was dead wrong, and I think the motivation for selecting that tract of land was dead wrong. That being said, he should've been removed from it a long time ago. Any other business that requires property is paying either rent, or property taxes and a mortgage. He tried to get out of either, and it bit him. You take your chances in this life, and he made the wrong call on that one.ZOMBIE REAGAN FOR PRESIDENT 2016!!! heh
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For all of your Nevada Legal defs. on Land Laws. Before anyone wants to play armchair lawyer.
CHAPTER 11 - LIMITATION OF ACTIONS
CHAPTER 326 - POSSESSORY ACTIONS CONCERNING PUBLIC LANDS
CHAPTER 328 - FEDERAL LANDS
CHAPTER 361A - TAXES ON AGRICULTURAL REAL PROPERTY AND OPEN SPACE
CHAPTER 568 - GRAZING AND RANGING
Last edited by Trip McNeely; 04-16-2014, 07:14 PM.
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Originally posted by Trip McNeely View PostFor all of your Nevada Legal defs. on Land Laws. Before anyone wants to play armchair lawyer.
CHAPTER 11 - LIMITATION OF ACTIONS
CHAPTER 326 - POSSESSORY ACTIONS CONCERNING PUBLIC LANDS
CHAPTER 328 - FEDERAL LANDS
http://www.leg.state.nv.us/NRS/NRS-328.html
NRS 11.140 What constitutes adverse possession under claim of title not founded on written instrument. For the purpose of constituting an adverse possession, by a person claiming title, not founded upon a written instrument, judgment or decree, land shall be deemed to have been possessed and occupied in the following cases only:
1. Where it has been protected by a substantial enclosure.
2. Where it has been usually cultivated or improved.
[1911 CPA § 17; RL § 4959; NCL § 8516]
NRS 11.150 Additional requirements for adverse possession: Occupation continuously for 5 years; payment of taxes. In no case shall adverse possession be considered established unless it be shown, in addition to the requirements of NRS 11.120 or 11.140, that the land has been occupied and claimed for the period of 5 years, continuously, and that the party or persons, their predecessors and grantors have paid all taxes, state, county and municipal, which may have been levied and assessed against the land for the period mentioned, or have tendered payment thereof.
[1911 CPA § 18; A 1937, 26; 1931 NCL § 8517]—(NRS A 1957, 321)I wear a Fez. Fez-es are cool
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Originally posted by talisman View PostI didn't ask for a definition, I know what it is. I asked for an example of it ever actually being successful. All that says is it "can" happen.
GARFIELD & HECHT, P.C. WINS ADVERSE POSSESSION CASE
by hking on June 26, 2013
On June 17, 2013, Judge Denise K. Lynch of Pitkin County District Court entered an order quieting title in a disputed parcel of riverfront property in Pitkin County to one of Garfield & Hecht, P.C.’s clients. The Court found that the client satisfied all the elements of Colorado’s adverse-possession law. The Court also declared the client to be the prevailing party in the five-year litigation, entitling him to an award of costs.
The ruling by the trial court followed remand from a Colorado Court of Appeals’ Opinion vacating the trial court’s Judgment in the adverse possession case litigated by Chris Bryan in the Aspen office of the Colorado law firm of Garfield & Hecht, P.C.
I wear a Fez. Fez-es are cool
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No, he wouldn't have a case. He tried to send his grazing payments to his county assessor instead of the federal government. Under the additional requirements section you posted, he would've had to have been paying taxes, which it would be easy to presume would mean he would have to be current on them. I'd bet that section of land doesn't even have a tax value assessed against it for him to be currently paid up on.ZOMBIE REAGAN FOR PRESIDENT 2016!!! heh
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Originally posted by YALE View PostNo, he wouldn't have a case. He tried to send his grazing payments to his county assessor instead of the federal government. Under the additional requirements section you posted, he would've had to have been paying taxes, which it would be easy to presume would mean he would have to be current on them. I'd bet that section of land doesn't even have a tax value assessed against it for him to be currently paid up on.I wear a Fez. Fez-es are cool
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Originally posted by Forever_frost View PostHow can you pay for that which has no cost associated?ZOMBIE REAGAN FOR PRESIDENT 2016!!! heh
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Originally posted by YALE View PostHow can you presume that attempting to satisfy a tax obligation that doesn't exist to your state by redirecting funds you owe the federal government for what amounts to a leasing fee and attempting to get your county tax assessor to take them instead is a reasonable attempt to satisfy that obligation? Should I start trying to pay my water bill at the redbox machine at the grocery store, and throwing a fit when it gets shut off, then proclaiming that, "I tried to pay it, but the redbox at the grocery store wouldn't take it! Revolution!"? Stop moving the goalpost!I wear a Fez. Fez-es are cool
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