MODOC BRAVES START PLAYOFFS The Modoc County Vol. 132, No. 34
RECORD Alturas, California
November 14, 2024
Serving Modoc Since 1892
$1.00
16 Pages
Recent Canby Squatters Spur Discussion on California Squatter Rights Squatters are causing quite the stir in California, including a recent search and seizure of a property in Canby now deemed unfit for human occupancy. Inside this Canby building, across from a fish farm west of Alturas, authorities discovered stolen firearms, vehicles and narcotics. Four individuals are facing several charges related to firearms, drug and drug paraphernalia possession, and child abuse and endangerment. Upon search and seizure, authorities also discovered two children, ages 8 and 11, who are now in protective custody. As of three weeks ago, Modoc County Record reported that authorities believe two of the individuals involved have returned to the property, although the property is unfit due to lack of water, electricity or functioning water system. While that investigation continues and stems from another investigation into ongoing theft and drug operations in the area, squatting cases like this require the property owner to take legal action in removing the unwanted guest and regaining control over their property. Squatting is illegal, but
California laws grant certain rights to squatters who meet specific criteria. For property owners, knowing these rights can shield you from upcoming legal disaster should a squatter try their hand. After 30 days of occupying a property, a squatter may establish tenancy rights, according to an article published by Martinez Law Center, a law firm based in Santa Ana. Property owners must follow proper eviction procedures to remove squatters. While 30 days of occupancy doesn’t guarantee legal ownership of a property, continued occupancy of a squatter can result in adverse possession, a legal process that allows them to claim ownership of a property. If a property owner doesn’t legally evict the squatter, they could lose their property through adverse possession. Adverse possession cases require legal action which require a California state court judge to declare you are the rightful owner of the land. Here are the five requirements for adverse possession in California, according to Martinez Law Center: Hostile possession: Occupying the property
without permission from the owner Actual possession: Physical occupying and using the property Open and notorious possession: Openly and visibly occupying the property Exclusive possession: Sole occupancy of the property Continuous possession: Occupying the property for an uninterrupted period of five years Paying property taxes on the property Property owners can contest an adverse possession in court by providing evidence of permission, interruption of possession or lack of open occupancy, which can invalidate the claim. Martinez Law Center encourages property owners to take proactive measures to prevent squatters from occupying properties, including regular inspections to ensure no unauthorized occupants are present, maintain a record of these inspections, securing the property with installed locks, fences and security systems to deter squatters, and utilizing property management services to oversee the property. Property owners must serve the squatters a written notice to vacate and provide a reasonable timeframe for leaving. If
Veteran’s Day Ceremony Members of Local VFW 3327 Veterans and their families enjoyed breakfast and lunch at the VFW hall on Monday in honor of Veteran’s Day. Breakfast was provided by American Legion Post 163 and lunch was provided by the Alturas Elks Lodge. At the 11a.m. service that normally takes place after the parade, local veterans and members shared stories of their service. Attendees included BACK (left to right) Joshua “Shane” Lovell, Navy; Tony Macera, Army 1967-1970; Ike Richardson, Army Finance Specialist 1965-1967; Linda Newman, American Legion Post Commander, Army 1977-1978; Steve
Riley, Army 1974-1978; Harry Hitchings, Marines 1980-2005; Randall Betian, Navy 1992-1996: (Pastor) Brian Bates, Navy, 1990-1991. Bates currently serves the Alturas Community as Pastor of Alturas Baptist Church. FRONT (left to right) - Anthony Hood, Army Infantry 2009-2018; Sean Provert, VFW Post Commander, Army 19851995; Elwood Cantrall, served in the Army, Navy and Army National Guard 1960-1990; Kris Anderson, Marine Corps, 19841988; Marty Olsen, Navy 1960-1964; Edwin Allert, District 8 Commander, Air Force 1985-2010.
the squatters refuse to leave, property owners can file an unlawful detainer lawsuit with the court and present evidence of ownership and the unlawful occupancy. If the court rules in your favor, property owners should request a writ of possession that the sheriff will serve and oversee the removal of the squatters. If you’re unsure if someone is a squatter, trespasser or holdover tenant, these definitions, according to an article written by Gemma Smith, a content strategist for Azibo, a rental management company, may be useful. A squatter is an individual who occupies a property without the owner’s permission.
Trespassers are someone who enters or users someone else’s property without permission, without intention to occupy long-term or claim ownership. A holdover tenant is a tenant who remains on the property after their lease is expired without permission. California law requires legal action to evict squatters and remove people who have unlawfully occupied a home or building. However, an update to Senate Bill 602 has implemented some changes on how property owners deal with squatters and trespassers. Updates to the bill were signed by Gov. Gavin Newsom in October of 2023. The bill went into effect on Jan. 1,
2024. Here are some of its updates: Instead of a 30-day trespass notice, property owners can issue extended trespass notices for one year. If the squatters return within one-year, they legally be removed immediately without the issuance of a new trespass notice. The bill also includes updated language on authorized agents, in which the property owner can designate an agent or management company to write trespass letters on their behalf. Electronic filing systems have also been introduced in this bill, allowing owners to file notices electronically with their local sheriff’s office.
Photo taken by Janice Betian
Authorities Say Modoc County Bomb Threat is Unfounded Authorities have deemed an alleged bomb threat in Alturas on Saturday as unfounded, according to a press release from the Modoc County Sheriff’s Office. Stephanie Wellemeyer, the Modoc County auditor, county clerk and registrar of voters, received an email claiming there was a bomb in her office that would be detonated as soon as there was a large police presence, the press release stated on Nov. 9. I m m e d i a t e l y , Wellemeyer notified local
authorities of the threat, which prompted an investigation at the office, located at 108 E. Modoc Street. Local authorities involved the Federal Bureau of Investigation and Secretary of State, making them aware of the threat and the progress of the investigation, the Sheriff’s Office wrote. A bomb team out of the Redding/Shasta County area responded and searched the building for any suspicious devices or packages, assuring the location was safe to
occupy. “We take all such threats seriously and are working closely with the FBI, state authorities, the Alturas Police Department and the Modoc County Sheriff’s office to ensure the safety of our staff and our community,” said Wellemeyer. According to the FBI, threats such as the one received in Modoc County are coming in across California and other states throughout the county, targeting election offices, the press release stated.