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<br />(II) HAS DIRECTLY RESTRICTED OR LIMITED THE USB OF PRIVATE REAL PROPERTY AS A WHOLE SUCH THAT THE <br /> <br />OWNER OF THE PROPERTY IS LEFT WITH EXISTING OR VESTED USES THAT ARE UNREASONABLE IN THAT THE OWN" <br />PERMANENTLY BEARS A DISPROPORTIONATE SHARE OF A BURDEN IMPOSED FOR THE GOOD OF THE PUBLIC THAT AS" <br /> <br />MATI'ER OF EQUITY SHOULD BE BORNE BY THE PUBLIC AT LARGE; OR <br /> <br />(III) Is THE PRINCIPAL CAUSE OF A REDUCTION OF AT LEAST TWENTY PERCENT IN THE MARKET V AWE OF THE <br /> <br />PRIVATE REAL PROPERTY. FOR PURPOSES OF THIS SUBSECTION (4), MARKET VALUE SHALL BE DETERMINED BY <br /> <br />COMPARING THE MARKET VALUE OF THE PROPERTY BEFORE THE GOVERNMENTAL ACTION TOOK EFFECT AND THE MARKET <br /> <br />V ALUB OF THE PROPERTY WITH THE GOVERNMENTAL ACTION IN EFFECT. <br /> <br />(b) "INORDINATE BURDEN" DOES NOT INCLUDE TE~ORARY IMP ACTS TO PRIVATE REAL PROPERTY, IMP ACTS TO <br />PRIVATE REAL PROPERTY OCCASIONED BY GOVERNMENTAL ABATEMENT, THE PROHIBITION, PREVENTION, OR <br /> <br />REMEDIATION OF A PUBLIC NUISANCE OR A NOXIOUS USE OF PRIVATE REAL PROPERTY, OR IMPACTS TO PRIVATE REAL <br /> <br />PROPERTY CAUSED BY AN ACTION OF A GOVERNMENTAL ENTITY TAKEN TO GRANT RELIEF TO AN OWNER UNDER THIS PART <br /> <br />3. <br /> <br />(5) "MARKET VALUE" MEANS THE PRICE A WILLING BUYER WOULD PAY A WILLING SELLER FOR PRIVATE REAL <br /> <br />PROPERTY ACCORDING TO COLORADO mRY INS1RUCTlONS AFTER CONSIDERING ALL FACTORS IN THE MARKETPLACE ~ <br />INFLUENCE THE PRICE OF PROPERTY. <br /> <br />(6) "OWNER" MEANS A PERSON HOLDING LEGAL OR EQUITABLE TITLE TO PRIVATE REAL PROPERTY AT THE TIME <br />OF THE ACTION OF A GOVERNMENTAL ENTITY GNING RISE Td A CLAIM FOR RELIEF UNDER THIS PART 3. "OWNER" DOES <br /> <br />NOT INCLUDE A GOVERNMENTAL ENTITY. <br /> <br />(7) "PRIVATE REAL PROPERTY" MEANS ANY INTEREST IN REAL PROPERTY THAT IS RECOGNIZED UNDER <br />STATUTORY OR COMMON LAW AND THE LEGAL OR EQUITABLE OWNERSHIP OF WHICH IS NOT HELD BY THE UNITED STATES, <br /> <br />THE STATE OF COLORADO, OR ANY POLITICAL SUBDNISIOJ!;! OF THIS STATE. "PRIVATE REAL PROPERTY" INCLUDES, <br /> <br />WITHOUT LIMITATION, ANY APPURTENANCES AND IMPROVE$NTS TO THE SUBJECT PROPERTY AND ANY GROUNDWATER <br /> <br />OR SURFACE WATER RIGHT OR MINERAL RIGHT THAT GOES WITH THE SUBJECT PROPERTY. <br /> <br />29-20-303. Applicability. (1) THIS PART 3 APPLIES ONLY TO THE FOLLOWING GOVERNMENTAL ACTIONS: <br />(a) THE ADOPTION OR ISSUANCE OF AN ORDINANCE, RULE OR REGULATORY REQUIREMENT, RESOLUTION, POLICY, <br /> <br />GUIDELINE, OR SIMILAR MEASURE BY A GOVERNMENTAL ENTITY; <br />~ .... \ <br />(b) AN ACTION OF A GOVERNMENTAL ENTITY THAT IMPOSES A PHYSICAL INVASION OR REQUIRES A DEDICATI. <br /> <br />OR EXACTION OF PRlV ATE REAL PROPERTY; <br /> <br />-4- <br /> <br />HB <br />