Comments by "TJ Marx" (@tjmarx) on "FOX 13 Seattle"
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No @lennychorn147 what you have claimed is objectively false. Squatter laws go back to 10th century england and were brought with them to the US during colonisation.
They have never allowed the physical removal of a squatter. Squatters rights have always required courts to become involved, and they have always been a protected class. We are not talking about a building you live in, work in or regularly maintain. We are talking exclusively about unoccupied buildings. That has legal definition by time required to qualify and varies between jurisdiction. It's generally somewhere between 6 and 18 months however.
You can't go to work and come home to a squatter. That would be an intruder and you would have criminal remedy. We're talking exclusively about buildings which are not used for long periods of time for one reason or another. The property could be part of a deceased estate where a next of kin is not easily located, or where the next of kin is located but they don't do anything with the property. It could be simply abandoned and there are many reasons an owner may abandon property.
In these scenarios the law needs a mechanism in which to allow a third party to come in and take over maintenance and eventually ownership of the property. It's a legal mechanism to combat blight in a city or town.
Maintaining the property is a key component of squatters rights. The squatter has to be able to demonstrate in court they are doing things such as maintaining and improving the structural and aesthetic qualities of the building, and they are making good on any taxes, rates or government fees related to the property. If they can continue that unabated for the scheduled time in the relevant jurisdiction (anywhere from 3-10 years) then they can apply for transfer of title under squatters rights and become the full lawful owner. If an owner comes in partway through and wins judgement to evict the squatter, the squatter can be reimbursed by the owner for the cost of repairs, maintenance, improvements, taxes, rates or other costs incurred whilst maintaining the building in good standing.
If you have property you do not regularly use, you can not leave it unoccupied. This includes if you intend to go away for work or leisure for an extended period of time. You should either
• lease the building out
• sell it
• pay a house sitter
• hire a security guard
• ask a friend, family member or neighbour to house sit
If you fail to do those things, and the building is unoccupied for the necessary time in the relevant jurisdiction it is subject to potential squatters. If you don't want squatters, don't leave your building unoccupied.
I say building because this is not limited to residential homes. It includes commercial and industrial property as well. That means all those long term empty store fronts in down town seattle can be subject to squatting.
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@TheOfficialPatriarchy Comparison of methods of execution verse simply the concept of capital punishment are different things. Your comparison did not demonstrate what you were attempting. Furthermore you are now arguing a strawman, I never made a claim that the age of a law precluded it's evolution or removal. You don't appear to have understood what I've previously said, I'm not down for repeating myself so you can go ahead and reread my previous comments yourself.
The irony of the majority of states still enforcing the thing which you are using to demonstrate a poorly conceived point appears lost on you completely.
There is no such thing as AD anymore, we do not use storybooks as references anymore. 412CE is quite a ways from 950CE and there's a whole lot of invasion and change in those intervening centuries. No, the Romans did not influence these laws. There's some norman and saxon influence in there though.
Laws do evolve. They get removed when they cease being enforced or their detrimental effects outweigh their positives. Neither of those situations are true of squatters rights.
Again, more squatters have property transferred to them each year than don't, usually completely uncontested. These are actively used and enforced laws whose overall benefits for communities far outweigh their negatives and which directly facilitate government functions.
"Ownership" of land is discretionary by government. Land ownership does not allow you to do anything you like on with with your property. Government can rescind or vary ownership at their discretion, or make ownership conditional. Similarly to, so can private entities such as HOAs. The supreme court has been very clear on these matters. You never really own land, you just get to use it until the government decides otherwise. If you're going to leave your buildings empty for extended periods of time contributing to blight and lack of available housing stock, the community has a right to remedy. That remedy is called squatters rights.
All you have to do to avoid squatters is to keep your buildings occupied, which you have a legal and moral obligation to do anyway. There are many ways to achieve occupants of a building and avoid squatters. If you fail to do so then the property should absolutely be used by someone else whom can make use of it and bring it into good standing.
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