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BOARD00761
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Last modified
8/16/2009 2:53:58 PM
Creation date
10/4/2006 6:43:55 AM
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Board Meetings
Board Meeting Date
1/23/2002
Description
63rd General Assembly Issues
Board Meetings - Doc Type
Memo
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<br />property or a vested right to a specified use of the real property that would otherwise exist in the absence of the <br />governmental action. <br />Specifies procedures for the filing of the owner's claim. Requires the governmental entity to make a <br />written response to the owner within a specified period after the submission of the owner's claim. SpeCifies. <br />types of action the governmental entity may take in response to the owner's claim. <br />Within a specified number of days after the completion of the response period, requires the governmental <br />entity to issue a written ripeness decision identifying the allowable uses to which the subject property may be <br />dedicated. Provides that the ripeness decision is a prerequisite to judicial review. <br />If the owner rejects the written response and ripeness decision from the governmental entity, allows the <br />owner to commence a civil action in the appropriate district court seeking a determination as to whether the <br />governmental action has resulted in an inordinate burden. Specifies procedures to be followed in connection with <br />the commencement of the action. Requires the district court in the action who determines that an inordinate <br />burden has occurred to enter judgment in favor of jhe owner and order the governmental entity to rescind the <br />governmental action within a specified number of days after the judgment. <br />Allows the governmental entity to pay damages as compensation to the owner of the private real property <br />who prevails in a judicial proceeding. Specifies procedures to be followed in connection with a damages award. <br />Provides that the district court shall withdraw the rescission order where the governmental entity elects to pay <br />compensation to the property owner. <br />Provides that enforcement of the governmental action at issue shall be enjoined pending appeal of a <br />district court judgment in favor of the landowner. Requires the district court to award a prevailing owner the <br />owner's reasonable attorney fees and costs. <br />Defines terms. <br /> <br />Be it enacted by the General Assembly of the State of Colorado: <br /> <br />. <br /> <br />SECTION 10 Article 20 of title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW <br />, <br /> <br />PART to read: <br /> <br />PART 3 <br /> <br />REGULATORY IMPAIRMENT OF PROPERTY RIGHTS <br /> <br />THAT MAY NOT CLEARLY AMOUNTTOA TAKING <br /> <br />29-20-301. Legislative declaration. (I) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT THE <br /> <br />STATE HAS AN IMPORTANT INTEREST IN PROTECTING THE INTERESTS OF THE OWNERS OF PRIVATE REAL PROPERTY FROM <br /> <br />INORDINATE BURDENS, RESlRICTIONS, AND LlMITS ON SUCH PROPERTY CAUSED BY REGULATORY IMPAIRMENTS THAT MAY <br />NOT CLEARLY AMOUNT TO A "TAKING" AS THAT TERM IS CURRENTLY CONSTRUED UNDER THE COLORADO OR UNITED <br /> <br />STATES CONSTITUTIONS. <br /> <br />(2) IN ENACTING THIS PART 3, IT IS THE INTENT OF TjiE GENERAL ASSEMBLY THAT: <br /> <br />(a) WHEN THE STATE OR A POLITICAL SUBDIVISION WITHIN THE STATE PROMULGATES A NEW LAW, RULE 0... <br />REGULATORY REQUIREMENT, OR ORDINANCE THAT INORDINATELY BURDENS THE EXISTING USE OF PROPERTY OR A VEST'" <br /> <br />-2- <br /> <br />HB <br />
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