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<br />. <br /> <br />tt <br /> <br />RIGHT TO A SPECIFIC USE OF REAL PROPERTY, THE OWNER OF THE PROPERTY SHALL BE ENTITLED TO RELIEF, WHETHER <br /> <br />IN THE FORM OF A COMPENSATORY PAYMENT FOR THE ACTUAL LOSS TO THE MARKET VALUE OF THE PROPERTY CAUSED <br />BY THE GOVERNMENTAL ACTION OR OTHERWISE; <br />(b) THE RELIEF PROVIDED BY THIS PART 3 BE MADE AVAlLABLE TO OWNERS OF PRIVATE REAL PROPERTY <br />SUFFERING FROM REGULATORY IMPAIRMENTS THAT MAY NOT CLEARLY AMOUNT TO A TAKING UNDER THE COLORADO <br />OR UNITED STATES CONSTITUTIONS; AND <br />(C) THE RELIEF AFFORDED BY THIS PART 3 SHALL BE SEPARATE AND DISTINCT FROM ANY RELIEF PROVIDED AN <br />AGGRIEVED LANDOWNER UNDER EXISTING LAW GOVERNING TAKINGS. <br />29-20-302. Definitions. As USED IN THIS PART 3, UNLESS THE CONTEXT OTHERWISE REQUIRES: <br />(1) "ACTION OF A GOVERNMENTAL ENTITY" MEANS SPECIFIC ACTION OF A GOVERNMENTAL ENTITY THAT AFFECTS <br />PRIVATE REAL PROPERTY, INCLUDING, WITHOUT LIMITATION, ACTION ON AN APPLICATION OR PERMIT. <br />(2) "EXISTING USE" MEANS AN ACTUAL, PRESENT USE OR A=VITY OF OR ON PRIVATE REAL PROPERTY. <br />"EXISTING USE" INCLUDES: <br /> <br />(a) PERIODS OF INACTIVITY THAT ARE NORMALLY ASSOCIATEDWITII, OR ARE INCIDENTAL TO, THE PREDOMINANT <br /> <br /> <br />NA TURB, TYPE OF USE, OR ACTIVITY OF OR ON THE PRIVATE REAL PROPERTY; OR <br /> <br /> <br />(b) SUCH REASONABLY FORESEEABLE, NONSPECULATlVE LAND USES THAT ARE SUITABLE FOR THE PRIVATE REAL <br /> <br /> <br />PROPERTY, COMPATIBLE WITH ADJACENT LAND USES, AND THAT HAVE CREATED AN EXISTING MARKET VALUE IN THE <br /> <br />SUBJECT PROPERTY GREATER THAN THE MARKET VALUE OF THE ACTUAL, PRESENT USE OR ACTIVITY OF OR ON THE <br />PRIVATE REAL PROPERTY. <br /> <br />(3) "GOVERNMENTAL ENTITY" MEANS: <br /> <br /> <br />(a) A BOARD, COMMISSION, COUNCIL, DEPARTMENT, OR OTHER AGENCY OF THE EXECUTIVE BRANCH OF STATE <br /> <br /> <br />GOVERNMENT THAT IS CREATED BY CONSTITUTION OR STATUTE, INCLUDING AN INSTITUTION OF HIGHER EDUCATION OR <br /> <br /> <br />ANY OTHER ENTITY THAT INDEPENDENTLY EXERCISES GOVERNMENTAL AUTHORITY; OR <br /> <br /> <br />(b) ANY POLITICAL SUBDIVISION WITHIN THE STATE. <br /> <br /> <br />(4) (a) "INORDINATE BURDEN" MEANS AN ACTION OF A GOVERNMENTAL ENTITY THAT: <br /> <br /> <br />(I) HAS DIRECTLY RESTRICTED OR LIMITED THE USE OF PRIVATE REAL PROPERTY AS A WHOLE SUCH THAT THE <br /> <br /> <br />OWNER OF THE PROPERTY IS PERMANENTLY UNABLE TO ATIAIN EITHER THE REASONABLE, INVESTMENT-BACKED <br /> <br /> <br />.. EXPECTATION FOR THE EXISTING USE OF THE PROPERTY OR A VESTED RIGHT TO A SPECIFIC USE OF THE PROPERTY THAT <br /> <br /> <br />WOULD OTHERWISE EXIST IN THE ABSENCE OF THE GOVERNMENTAL ACTION; <br /> <br />-3- <br /> <br />HB <br />