LEG00006

• Bill Number: HB01-1092
• Year: 2001
• Title: Regulatory Action by Governmental Entities Burdening the Property that May Not Clearly Amount to a Taking Under Existing Law
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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IS
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SECTION 1. Article 20 of title 29, Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW PART to read:

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PART 3
REGULATORY IMPAIRMENT OF PROPERTY RIGHTS
THAT MAY NOT CLEARLY AMOUNT TO A TAKING

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29-20-301. Legislative declaration. (1) THEGENERALASSEMBL Y

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HEREBY FINDS AND DECLARES THAT THE STATE HAS AN IMPORTANT

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INTEREST IN PROTECTING THE INTERESTS OF THE OWNERS OF PRIVATE REAL

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PROPERTY FROM INORDINATE BURDENS, RESTRICTIONS, AND LIMITS ON

SUCH PROPERTY CAUSED BY REGULATORY IMPAIRMENTS THAT MAY NOT

CLEARLY AMOUNT TO A "TAKlNG" AS THAT TERM IS CURRENTLY

CONSTRUED UNDER THE COLORADO OR UNITED STATES CONSTITCTIONS.

(2) IN ENACTING THIS PART 3, IT IS THE INTENT OF THE GENERAL

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ASSEMBLY THAT:

(a) WHEN THE STATE OR A POLITICAL SUBDIVISION WITHIN THE

STATE PROMULGATES A NEW LAW, REGULATION, RULE, OR ORDINANCE

THAT INORDINATELY BURDENS THE EXISTING USE OF PROPERTY OR A

VESTED RIGHT TO A SPECIFIC USE OF REAL PROPERTY, THE OWNER OF THE

PROPERTY SHALL BE ENTITLED TO RELIEF, WHETHER IN THE FORM OF A

COMPENSATORY PAYMENT FOR THE ACTUAL LOSS TO THE MARKET VALUE

OF THE PROPERTY CAUSED BY THE GOVERNMENTAL ACTION OR OTHERWISE;

(b) THE RELIEF PROVIDED BY THIS PART 3 BE MADE AVAILABLE TO

OWNERS OF PRIVATE REAL PROPERTY SUFFERING FROM REGULATORY

IMP AIRMENTS THAT MAY NOT CLEARLY AMOUNT TO A TAKING UNDER THE

COLORADO AND UNITED STATES CONSTITUTIONS; AND
(c) THE RELIEF AFFORDED BY THIS PART 3 SHALL BE SEPARATE AND

DISTINCT FROM ANY RELIEF PROVIDED AN AGGRIEVED LANDOWNER UNDER

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HBOl-1092