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<br />~-"",--"-."'-"''il <br />i om ,~ <br />~:$!G:;"" <br /> <br />[imc:::- <br />[, <br />I~ <br />~f:... <br />~Lc. <br />~,:: <br />e.:l <br /> <br />regulatory action by governmental entities burdening the property that <br />may not clearly amount to a taking under the Colorado or United States <br />constitutions. <br />Allows the owner of private real property to file a claim with a <br />governmental entity whose action may have inordinately burdened the <br />property. Defines "inordinate burden" to include action of a governmental <br />entity that has directly restricted or limited the use of private real property <br />as a whole such that the property owner is permanently unable to attain <br />either the reasonable investment-backed expectation for the existing use <br />of the property or a vested right to a specified use ofthe real property that <br />would otherwise exist in the absence of the governmental action. <br />Specifies procedures for the filing of the owner's claim. Requires <br />thc governmental entity to make a written response to the owner within a <br />specified period after the submission ofthe owner's claim. Specifies the <br />types of action the governmental entity may take in response to the <br />owner's claim. <br />Within a specified number of days after the completion of the <br />response period, requires the governmental entity to issue a written <br />ripeness decision identifying the allowable uses to which the subject <br />property may be put. Provides that the ripeness decision is a prerequisite <br />to judicial review. <br />If the ownerrejects the written response and ripeness decision from <br />the governmental entity, allows the owner to commence a civil action in <br />the appropriate district court seeking a determination as to whether the <br />governmental action has resulted in an inordinate burden. Specifies <br />procedures to be followed in connection with the commencement of the <br />action. Requires the district court in the action who determines that an <br />inordinate burden has occurred to enter judgment in favor of the owner <br />and order the governmental entity to rescind the governmental action <br />within a specified number of days after the judgment. <br />Allows the governmental entity to pay damages as compensation <br />to the owner of the private real property who prevails in a judicial <br />proceeding. Specifies procedures to be followed in connection with a <br />damages award. Provides that the district court shall withdraw the <br />rescission order where the governmental entity elects to pay compensation <br />to the property owner. <br />Provides that enforcement of the governmental action at issue shall <br />be enjoined pending appeal of a district court judgment in favor of the <br />landowner. Requires the district court to award a prevailing owner the <br />owner's reasonable attorney fees and costs. <br />Defines tenns. <br /> <br />Be it enacted by the General Assembly of the State of Colorado: <br /> <br />-2- <br /> <br />HBOl-I092 <br />