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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1 COLORADO JUR Y INSTRUCTIONS AFTER CONSIDERING ALL FACTORS IN THE

2 MARKETPLACE THAT INFLUENCE THE PRICE OF PROPERTY.

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(6) "OWNER" MEANS A PERSON HOLDING LEGAL OR EQUITABLE

TITLE TO PRIVATE REAL PROPERTY AT THE TIME OF THE ACTIO'! OF A

GOVERNMENTAL ENTITY GIVING RISE TO A CLAIM FOR RELIEF UNDER THIS

PART 3. "OWNER" DOES NOT INCLUDE A GOVERNMENTAL ENTITY.

(7) "PRIVATE REAL PROPERTY" MEANS ANY INTEREST IN REAL

PROPERTY THAT IS RECOGNIZED UNDER COMMON LAW AND THE LEGAL OR

EQUITABLE OWNERSHIP OF WHICH IS NOT HELD BY THE UNITED STATES,
THE STATE OF COLORADO, OR ANY POLITICAL SUBDIVISION OF THIS STATE.

"PRIVATE REAL PROPERTY" INCLUDES, WITHOUT LIMITATION, ANY

APPURTENANCES AND IMPROVEMENTS TOTHE SUBJECT PROPERTY A'!D ANY

13 GROUNDW ATER OR SURFACE WATER RIGHT OR MINERAL RIGHT THAT GOES

14 WITH THE SUBJECT PROPERTY.

15 29-20-303. Applicability. (1) THIS PART 3 APPLIES ONLY TO THE
16 FOLLOWING GOVERNMENTAL ACTIONS:

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(a) THE ADOPTION OR ISSUANCE OF AN ORDINANCE, RULE,

18 REGULATORY REQUIREMENT, RESOLUTION, POLICY, GUIDELINE, OR SIMILAR
19 MEASURE BY A GOVERNMENTAL ENTITY;
20 (b) AN ACTION OF A GOVERNMENTAL ENTITY THAT IMPOSES A
21 PHYSICAL INVASION OR REQUIRES A DEDICATION OR EXACTION OF PRIVATE

22 REAL PROPERTY;

23 (c) ENFORCEMENT OF ACTION OF A GOVERNMENTAL ENTITY BY

24 MEANS OF PERMITTING, CrT ATIONS, ORDERS, JUDICIAL OR QUASI-JUDICIAL

25 PROCEEDINGS, OR OTHER SIMILAR MEANS; OR
26 (d) ENACTMENT OR ENFORCEMENT BY A MUNICIPALITY OF AN
27 ORDINANCE, RULE, REGULATION, OR PLAN THAT HAS AN EFFECT IN SOME

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HBO 1-1092