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Last modified
8/16/2009 2:44:53 PM
Creation date
10/4/2006 6:31:50 AM
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Board Meetings
Board Meeting Date
1/12/1998
Description
1998 Legislative Issues - Protection of Property Rights
Board Meetings - Doc Type
Memo
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<br />sb006.htm at www.state.co.us <br /> <br />Page] of2 <br /> <br />. <br /> <br />SB 98-006 <br /> <br />Colorado Legislative Council Staff <br />LOCAL <br />CONDITIONAL FISCAL NOTE <br /> <br />Revenue and Expenditure Impact <br /> <br />Drafting <br />Number: <br />Prime <br />Sponsor(s): <br /> <br />LLS 98-03 ] <br />Sen, Ament <br />Rep. Johnson <br /> <br />Date: November 17, ] 997 <br />Bill Status: Senate Agriculture <br />Fisca] Analyst: Will Meyer (866-4976) <br /> <br />TITLE: CONCERN]NG STANDING OF POLITICAL SUBDIVISIONS TO PROTECT <br />PROPERTY INTERESTS]N CERTAIN PROCEEDINGS. <br /> <br />Summary of Legis]ation The provisions of this bill would establish that political subdivisions of the <br />state have standing to assert or defend property rights or contract rights in proceedings concerning <br />the enforcement or constitutionality of federal or state laws, or other government actions, The bill <br />would become effective upon signature of the Governor. <br /> <br />. <br /> <br /> <br />. <br /> <br />The provisions of this bill would grant standing to a political subdivision to assert or defend a <br />property interest to the same extent as a private citizen. These provisions would grant political <br />subdivisions authority to protect their water and other property interests. This authority would enable <br />a municipality to assert in federal court that a by-pass flow requirement of the United States Forest <br />Service is an illegal taking. A city or other political subdivision also would have standing to assert <br />that a county's land use regulations amount to a regulatory taking if the conditions placed upon the <br />development of a water project are too costly. <br /> <br />It is believed that the provisions of this bill would result in an insignificant increase in the number of <br />cases filed with the courts and could be absorbed within current appropriations to the Judicial <br />Branch. This bill would not have any significant impact on any other agency of the state. Therefore, <br />this bill is assessed as having no fiscal impact to the state. <br /> <br />http://www.statc.co.us/gov_dir/leg_dir/lcs/fn/fnote98/sb006.htm <br /> <br />]/2]/98 <br />
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