The Senate Judiciary Committee gave ESHB 1026 an executive hearing and passed it out of committee today. Not hard to see what happened. Particularly when supplemented with a viewing of the hearing on Washington’s equivalent of C-span here.
[Note: to view only adverse possession’s ESHB 1026’s executive session, select the March 25th date and then scroll into the
I think it is important to create more clarity in adverse possession law. While I have advocated for Good Faith and I have also considered whether we should look at who took possession first between the adverse possessor and the title holder here. As I really think the situation through, the most important point is
Yesterday, I had the pleasure of testifying in front of the Senate Judiciary Committee regarding ESHB 1026. In that testimony and in my follow-up answers to questions posed by Judiciary Committee Chairman Senator Adam Kline (D) – 37th Legislative District and Senator Mike Carrell (R) – 28th Legislative District, I advocated for the addition of
In my January 2011 Bar News article A Good Faith Attack on Land Thieves, I suggested that the best method to attempt to eliminate land theft allowed under the current laws would be to add the element of Good Faith to adverse possession’s 10 year common law statutory interpretation of RCW 4.16.020.
Well, today at
Earlier today, after improving Adverse Possession Substitute House Bill 1026 by rightfully vesting the power to determine equity with the Courts, as opposed to fact finders, Engrossed Substitute House Bill 1026 was passed handily. For those who are curious, please find the roll call here and overall bill history here. Now onward to the Senate.
After the initial House Judiciary Committee Hearing on 2011.01.13, Assistant Minority Floor Leader Rep. Matt Shea (R) of Spokane’s 4th Legislative District offered Proposed Substitute HB 1026 – now SHB 1026. Its stated effects were as follows:
Changes the standard of evidence for adverse possession claims to “clear, cogent, and convincing evidence.” Requires adverse
On Thursday, 2011.01.13, I testified to a few, but certainly not all, of my thoughts related to the proposed Adverse Possession bill – HB 1026. My thoughts were based on an effort to challenge what I perceive to be some of the weaknesses of the bill as presented, while still providing overall support for reform in
Yesterday, Thursday 2011.01.13 at 10:00, the House Judiciary Committee opened session in House Hearing Room A in the O’Brien Building. House Judiciary Chairman, Rep. Jamie Pedersen (D) of the 43rd District presided. Vice Chairman, and friend from the University Rotary Club, Rep. Roger Goodman (D) of the 45th Legislative District, assisted the Chair
I received a nice note from Washington’s 23rd Legislative District House Representative Christine Rolfes (D) yesterday. In addition to congratulating me on this month’s publication of my Bar News article, A Good Faith Attack on Land Thieves, she provided a link to the Adverse Possession legislation that she prefiled with 18th Legislative District House Representative Ed
Washington Real Estate attorney’s may be interested to take note that the WSBA’s Real Property Deskbook series (4th ed. 2010) Vol. 4: Causes of Action, Taxation, Regulation is available now for pre-order.
My library includes Volumes 1-3 in this series. I find these deskbooks to be extremely well thought-through, presented, and most importantly easy to
