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Kitteridge
In Houses In Trees Lyrics


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Most interesting comment from YouTube:

@binkysphinx

My take on this situation has done a complete 180. I'm now firmly on the public's side, but I certainly can empathize with Romero/Eymer.

The original subdivision of the land 100 years ago would indicate that the creek's banks, at the time, defined the northern boundary of the property. The 1986 survey was not meant for the purposes of redefining boundaries, but it does indicate the process of avulsion (moving bodies of water affecting land use/property) had occurred sometime between original subdivision and 1986. In essence, the creek moved southward into the property boundary. There are well established laws and plenty of precedent across the country with regard to bodies of water which move and affect property boundaries.

The creek is a navigable body of water. Navigable isn't simply defined by whether a boat can float down it or not. Can the public swim in it? Can people fish in it? Those are just a couple of questions that would define a creek as navigable if affirmed positively. Bear Creek would absolutely be defined as a public natural resource because of this.

On top of that, the public has been accessing the creek on its northern side, (and possibly even from the south bank given a public street abuts the creek to the south, next to the Romero/Eymer property) for decades before and after the 1986 survey which shows the new flow of the creek.

I'd be curious what a recent survey indicates, whether the creek is continuing its move to the south based on a comparison with the 1986 survey. Photos of the area indicate the Romero/Eymer home sits atop a rather steep embankment/cutback, with no easy access to the creek itself, or any discernible shore to use the creek. In order to even utilize the northern slice of property, Romero/Eymer would need to climb down the steep embankment and then wade across the creek to get to it, or access the property via the park, just like everyone else.

Given the layout of the land in question, especially that steep embankment/cutbank, I would be FAR more concerned about where that creek is going to be in 30-40 years time. It looks like that large pine tree on top of the embankment already has exposed roots. If the creek continues its move to the south, that tree will come down, and the bank will erode further putting the driveway next to it and the foundations of the home itself in possible peril.

If it were my property and I planned to keep it, I'd start by immediately planting trees along that embankment to help stave off the obvious erosion, and settle with the county/town. I'd give them the north tip of the property in exchange for a refund of any property taxes paid on that portion of the land since purchase, riparian rights to the creek's southern bank, a county placed boundary fence at the north-end dead end of Alma Lane to prevent access to the rather dangerous south bank, and a permit granted to Eymer/Romero to construct a retaining wall on the south-side cutbank along with optional development to landscape their own access along the southern bank of the creek on their property, like a little dock or something.



All comments from YouTube:

@thibaultserlet6453

If the people who sold the house to her did not disclose the situation they should be liable

@IndigoVagrant

Usually there is some due diligence required by a purchaser or realtor when it comes to stuff like this. There is no "liability" because she has suffered no damages. Her "damages" are due to her perception that she can engage in private enclosure of the commons. Perceived damages are not actual damages.

@Nola333

​@Indigo Vagrant 😂😂😂 boy, are you wrong!!

@MangoStJohn

@@IndigoVagrantyou couldn’t be more wrong. America is a country of land owners. Not mobs.

@wutflex

I guarantee if you went to any of those people trying to use her land and said the government is going to take your backyard from you they would stand firmly in their backyard saying no you will not

@kayceeyou

I bet the former owners allowed it and now people just expect to walk wherever they want. I bet she has a victory in court.

@Anonymous-si2sm

Exactly it is a dangerous precedent to even consider. Legally it shouldn’t even be going to court because it’s unlawful to take someone’s private property

@mrfoodskater

LMFAO

@nicholascarlsonmuh7572

If the former owners allowed it for more than 18 years, it can become a vested property right or at least a right of access for the people who had been using it. That's the law, it goes back 2,000+ years to ancient Rome, and it's honestly her fault if she didn't do her due diligence before buying property. Her mistake doesn't justify overturning Colorado law or a legal concept that has existed for two millennia of Western property law.

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@kristin5026

Plus the city owns their own access to creek in other side but don’t want to use that access point. Only hers where she owns land on BOTH sides of creek😊

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