PERMFILE70660

• Permit No: M1993023
• IBM Index Class Name: Permit File
• Doc Name: IN RE PETITION OF MOFFAT CNTY FOR DECLARATORY ORDER
• Media Type: D
• Archive: No

Senate spent approximately
House discussion focuses
inclusion of a property
protections provided for
nominated for inclusion in

four minutes discussing the Act. The
on the process for nomination and
into the State Register and upon the
properties which have been included or
the State Register.
It is significant
which resulted in the
eligible to be listed"
Section 104(2)(a). Se
legislative history f
believed inclusion of th
listed" in addition to the
leave everything wide open
eligible to be listed" the
the scope of Section 104
powers only over those prop
that the Senate amen
deleting the word "
word "listed" in the
D, p. 8. The reason
amendment is that S
e words "nominated or el'
to give the Society review
word "listed" was "very br
." By deleting the words '
Senate believed that it
erties which were listed.
ded the Bill
nominated or
fifth line of
given in the
enator Nobel
igible to be
oad and could
'nominated or
had clarified
and comment
2. Titles, definitions and lanouage of entire Act. A statute
should also be construed so that effect is given to all of its
provisions, including its defined terms and the titles of its
sections. The "whole statute must be read together and considered
as a whole, and its intent gathered from all its provisions." Clark
v. Fellin, 126 Colo. 519, 251 P.2d 940, 943 (1952) (citations
omitted). It is well established that statutory definitions of
terms must control judicial interpretation. Industrial Comm. v.
Northwestern Mut. L. Ins. Co., 103 Colo. 550, 88 P.2d 560 (1939).
A careful review of the definitions contained in Section 102 of the
Act makes it clear that the legislature only intended to protect
properties listed or nominated to be listed.
For example, the definition of "effect" is found at Section
102(5). "Effect" means "any change in the quality of the
historical, archeological, or architectural character that
qualified oroperty for entry in the State Register." (Emphasis
added). Thus, where Section 104 of the Act uses the term "effect"
in its title ("Effect of state register"), and everywhere else that
the Act uses the term "effect", it can only be referring to the
effects on those qualities which initially qualified the property
"for entry in the State Register." An agency action cannot have an
"effect" on a property not listed in the State Register, as the
term is defined in the Act.
The term "historical significance" is defined in Section
102(6). "Historical significance" only deals with those properties
having importance in the history, architecture, archeology, or
culture of the State of Colorado "as determined by the Society."
(Emphasis added). The procedure for the Society's determination of
"historical significance" is set out in Sections 105 through 107 of
the Act, and in the Rules and Procedures issued by the Society.
These Rules and Procedures, attached hereto as Exhibit E, designate
to note
Act by
after the
e Exhibit
or this