Monday, October 15, 2012

Nebraska GOP senate candidate Deb Fischer used legal trick — adverse possession — in failed attempt to grab elderly neighbors' land after they refused to sell

The Beatrice Daily Sun has specific details of the Fisher family ruse which cost their neighbors $40,000 in legal fees and almost cost them a chunk of their land when the Fischers repaid the Kime's generosity in letting them use the property by using that favor to try to take that land through the legal ploy of adverse possession. The story of Fischer's subsequent, Byzantine machinations in the Nebraska senate in respect of the property are even more outrageous. From the Sun's article:
The 104 acres in question belonged to the Kimes, but the Fischers had permission to water cattle there without charge. When the Kimes refused to sell the land, the Fischers claimed "adverse possession" — a legal term akin to squatter's rights — because they had managed it for decades...
     Kerrey's campaign disputed Keylin's account, saying Bruce Fischer approached the Kimes at least three times between the mid-1980s and 1995, offering to trade land for the parcel the Fischers wanted. When that failed, the Fischers filed the lawsuit.
     When a judge ruled against the Fischers in 1997, the couple asked for a fence committee to survey the land to determine where a fence to separate the property should be and who should pay for it. The result again favored the Kimes, who paid the entire bill submitted by the county for the fence work — even though the fence committee said the Fischers should pay a portion of it.
     The Fischers only paid their share — $2,600 — in 2002 after county officials threatened to place a special assessment on their property if they didn't.

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