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Huckleberries Online

Squatters’ Rights Trump Homeowner’s

Don Bain can keep an eye on his detached shop (reflected in sliding door) from his back porch in Spokane Valley, Wash., where he says squatters have moved into the shop and refuse to leave. He was surprised when he was told by police that the squatters had a right to be in the garage — and that they could even break a window to get back in, if he padlocked the doors. Story here. (Dan Pelle/Spokesman-Review)

Question: What do you think of this situation?

53 comments on this post so far. Add yours!
  • Lynne on April 17 at 10:04 a.m.

    I thought “absolute lunacy” when I read that this morning.
    And why are the cops giving legal advice?

  • scootermom on April 17 at 10:07 a.m.

    Insane. Police should not give legal advice.

  • ejs on April 17 at 10:09 a.m.

    This one is so strange.

  • Dennis on April 17 at 10:10 a.m.

    Good question Lynne……. Not very professional on the cops part there.

    But as far as the law is concerned, landlord / tenent disputes are civil and out of the jurisdiction of the local cops. It’s up to to the courts to resolve this.

  • marmitetoasty on April 17 at 10:12 a.m.

    They would be in there exactly 10 minutes before my lads and their mates had turfed them out…. no ifs no buts….. and no witnesses :)

    x

  • BlueinIdaho on April 17 at 10:17 a.m.

    No rental agreement = no rights. This is not a court matter, it is trespassing. No disrespect, but the officers really messed this one up.

  • Kibby on April 17 at 10:21 a.m.

    The term “rodinator” comes to mind.

  • Charlie on April 17 at 10:21 a.m.

    Did anybody expect better from the cops? Their track record is not sterling!

  • Howard_Martinson on April 17 at 10:22 a.m.

    What????? Haven’t the Spokalooney cops heard of trespassing?

    Keep in mind, this is the County where the cops shoot baby bears (instead of calling fish & game), choke to death a mentally disabled man for no reason, and shoot a guy in the head for allegedly swiping a pickup truck.

    Thank goodness our Sheriff Rocky Watson and Chief Wayne Longo have are smart dedicated men. Wish I could say the same for our neighbors to the West.

  • andrewz on April 17 at 10:23 a.m.

    FYI, looks like this story is getting attention on the link-sharing site Digg: http://digg.com/world_news/Couple_want_backyard_back

    Commenters there are just as shocked.

  • trishgannon on April 17 at 11:03 a.m.

    Reminds me of a story we did in the River Journal years ago. There was a couple in Noxon who had a rental property that they had rented out to a family. The family never paid rent and, after three months of non-payment, the owners began eviction proceedings. The day they went to evict (with the sheriff) they found out the family had left the day prior. The inside of the house was trashed, and this family had left all their possessions; which were in piles around the house, with only narrow walkways to go through. (We took pictures - it was unbelievable). The homeowners were told they couldn’t just throw the stuff out - they actually had to pay to store all that stuff for a full year in case the former owners wanted it back.

    Seems a little ridiculous.

  • Cabbage Boy on April 17 at 11:19 a.m.

    Trish. That is when you “pay” to store the stuff outside.

    I am sure I could find some activities that would make the garage inhospitable.

    Gotta laugh that the cops said they could break and enter a locked building.

  • LukeB on April 17 at 11:26 a.m.

    I really hope that they sue the pants off of the police department after evicting these people. The police should not be giving legal advice.

  • Sisyphus on April 17 at 11:32 a.m.

    From the story, all people involved are handling this poorly. But there’s several key people not interviewed in the story like the squatter, for example. Maybe she paid the son for the space. Then you do have a legal controversy. Most states have statutes like this that preclude arbitrary eviction, including Idaho. It dates from the turn of the century. This story raises more questions than it answers.

  • Joker on April 17 at 12:02 p.m.

    Time to bulldoze this rat’s nest to the ground. There’s nothing that says they can’t destroy their own property. Next time they leave, it’s destruction debry time.

  • BlueinIdaho on April 17 at 12:15 p.m.

    Andrew, that link has a comment from some idiot who is encouraging other citizens to go to the address (which he gives) and take action themselves. This could get uglier.

  • Charlie on April 17 at 12:16 p.m.

    Ask the tenants if they found your pet Boa yet.

  • toadman on April 17 at 12:25 p.m.

    There definitely seems like there’s more to this story than meets the eye.

  • photogra4 on April 17 at 7:27 p.m.

    As Don’s niece I am so pleased that someone is bringing light to this problem. I don’t live in the area but have been trying to find someone to help for days. I even called the FBI, who were very sympathetic but were not able to get involved in this type of a case. I also called the Adult Protection Services and was told that they could not help unless either my Aunt or my Uncle was disabled. The situation is really even worse than it has been reported as these people are druggies that my cousin found sleeping under an overpass somewhere who don’t work or pay taxes . My Uncle has even told the police about the drugs and was told that that isn’t their job. When I called Drub Enforcement in Spokane they didn’t call me back. There was no rental agreement to anyone, this is not an apartment that has ever been rented out. These people were simply guests of a guest, people that my Aunt and Uncle had never met. Now, because of the police, Don and Peggy are facing thousands of dollars of lawyer fees and costly repairs. I would also like to ask one of the responding policeman why he would tell my Uncle that this is a “Police State” and that if he went anywhere near the apartment he would be arrested for trespassing. I have always had great respect for the police but in this case they are completely WRONG!!!

  • FrankInSpokane on April 18 at 10:13 a.m.

    What if 50 or 100 of us Tea Party types got together and protested in front of the Spokane Valley PD, calling the media’s attention to this absolutely ridiculous case of police ineptitude?

    Or suppose there are other perfectly legal means whereby concerned citizens could make the squatters’ lives, umm, “difficult”? No, not with threats or violence, by any means, but perhaps simply being in the neighborhood to take photos of them coming and going, jot down their license plate numbers, stuff like that? Basically make them feel unwelcome — and rightfully so — on the Bains’ property, not to mention in their community?

    Lastly, who is starting up a collection to help reimburse the Bains for their costs in this mess? I’d sure donate.

    This sure seems like an issue for the Bains’ community to gather around and support them, and demand that the cops do the RIGHT thing, rather than the “legal” thing.

  • FrankInSpokane on April 18 at 10:19 a.m.

    photgra4, you wrote: “I would also like to ask one of the responding policeman why he would tell my Uncle that this is a “Police State” and that if he went anywhere near the apartment he would be arrested for trespassing.”

    Judging from that remark, it sounds to me like the officer who said that was lamenting, rather than threatening. Sort of saying, “Look, I’m on your side, but this is unfortunately another sign that we have become a police state. Our hands are tied by the law. If you bother them, you’ll be charged with trespassing.” (IOW, I don’t think a macho-egoist-type power-tripping cop would blatantly admit that he was a cog of the machinery of a police state.)

  • Arch_Druid on April 18 at 10:38 a.m.

    The Bains’ grief on this matter brings to mind a problem we had with some former neighborhood kids. If we didn’t have no trespassing signs up on the property, the cops couldn’t do anything to curtail the kids coming onto the property and running amok. Yeah, the city of CDA cops. So we did put up such signs and the kids vandalized the signs. And went on to egg the house. Because mom was eventually putting the property up for sale, seems the lady cop who responded to her call about the problem gave her a boys will be boys response. AND DIDN’T WANT TO DO A THING ABOUT IT!

    I have some real sympathy for the Bains. I wouldn’t mind donating what I can to their cause too.

  • photogra4 on April 19 at 9:05 a.m.

    Just an update for all of you. The police told my Uncle Don that he can go in his own back yard but to stay completely away from the garage/apartment. By the way, the garage is where Uncle Don’s workshop is. His hobby is to build wonderful birdhouses and other small projects for family and friends. Now the whole place is a pigpen for those street people. Are the police going to make that woman and her friends clean up the mess? Are they going to arrest them all for destruction of property? I wonder if the HazMat team will be coming to remove all of the drug paraphernalia and toxic garbage? Yeah right!

  • hmoffsuite on April 19 at 9:14 a.m.

    I’m curious if any of the normal tricks used to get rid of renters or otherwise unwanted tenants have been used. You know, shutting off the electricity or turning off the water source to the building? Stuff like that.

  • photogra4 on April 20 at 12:52 a.m.

    The lights had been turned off by the electric company because Skip had not paid his bill, ever probably. Anyway the female squatter went to a local charity and they paid to have it turned back on. Very nice gesture and I know the charity thought they were doing a good deed, but it just make things worse. I doubt the police would allow Don to just turn everything off since they seem to be going by the Landlord/Tenant act. By the way, Tenants also have responsibilities: keep the premises clean and sanitary; dispose of garbage; restore the property to its initial condition, except for normal wear and tear at the end of the term; I wonder if the police will be there making sure the tenants fulfil these conditions. Probably not. Things are looking a little better, these people look like they might have taken off. Yay! They must not have been enjoying all of the attention and notoriety. Keep your fingers crossed.

  • diana29666 on April 21 at 12:15 p.m.

    Cousin Cheryl you are so right about everything. I have sent this to all the local media and friends here in SC, everyone agrees this is an outrage!!! Our Uncle did not have any agreements with these people. I spoke with him last night and told him I wish I was’nt so far away. I have never been to jail, but for him I would have gladly gone. The spokane police should be ashamed and I hope all of you locals speak out on this issue before it’s in your backyard!

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D.F. Oliveria is a columnist and blogger for The Spokesman-Review. Huckleberries Online was judged the best 2008 Idaho newspaper blog by the Idaho Press Club. And the best 2007 news blog in the Pacific Northwest by the Society for Professional Journalist. Print Huckleberries is a past winner of the Herb Caen Memorial Column contest by the National Association of Newspaper Columnists. The Readership Institute of Northwestern University cited this blog as a good example of online community journalism.

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