HOUSE
                       3rd Reading Unamended
       April 14, 2008          HOUSE
       Amended 2nd Reading
                      April 11, 2008Second Regular Session
              Sixty-sixth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 08-0731.01 Bob Lackner          HOUSE BILL 08-1278
                    HOUSE SPONSORSHIP
 Summers and White,  Kerr J., Looper, and McNulty
 
                   SENATE SPONSORSHIP
 Tochtrop, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Transportation & Energy
 
 
 
 Appropriations
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the exercise of the power of eminent domain by
            the regional transportation district.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Requires the regional transportation district (RTD), and any
       copetitioner in a condemnation action with which RTD may be associated
       for the purpose of acquiring property for an RTD project, if any, to
       acquire property and rights-of-way through the exercise of its power of
       eminent domain only as necessary for public transit purposes.  Specifies
       that, once acquired, the property may only be used by RTD for such
       purposes, including any ancillary or secondary functions necessary to
       support the purposes.  In exercising the power of eminent domain,
       requires RTD to comply to the extent practicable with all laws that govern
       the use of eminent domain by the Colorado department of transportation
       for state highway purposes. Prohibits RTD from selling or otherwise
       transferring ownership of property or rights-of-way acquired through the
       exercise of eminent domain to any other person.
            Makes explicitly clear that existing statutory provisions construing
       the term "public use" for purposes of eminent domain powers to exclude
       the taking of private property for transfer to a private entity for the
       purpose of economic development or enhancement of tax revenue apply
       to RTD or to any copetitioner in a condemnation action with which RTD
       may be associated for the purpose of acquiring property for an RTD
       project, if any.
            Makes conforming amendments.  Defines a term.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  32-9-161, Colorado Revised Statutes, is amended
       BY THE ADDITION OF A NEW SUBSECTION to read:
            32-9-161.  Eminent domain - definitions.  (3) (a)  Except as
       otherwise provided in this subsection (3), no private property
       acquired by eminent domain by the district on or after July 1,
       2008, shall be subsequently transferred to a private party
       unless:
            (I)  The owner of the property consents in writing to
       acquisition of the property by eminent domain by the district;
            (II) (A)  The governing body of the district determines
       within ten years of the date of the earlier of possession or
       transfer of title to the district that the property is no longer
       necessary for the purpose for which it was originally acquired,
       and the district first offers to sell the property to the owner
       from whom it was acquired, if the owner can be located, at a
       price per square foot not to exceed that paid by the district and
       the owner declines to exercise such right of first refusal.
            (B)  The offer described in sub-subparagraph (A) of this
       subparagraph (II) to be made to the owner from whom the
       property was acquired shall be extended by the district in
       writing in the form of a notice of disposition of property.  The
       district shall send the notice by certified mail, return receipt
       requested, to the owner at the owner's last-known mailing
       address.  If, not later than ninety days after the notice is
       mailed, the owner fails to respond in writing to the district's
       offer by means of an expression of interest in accepting the
       offer, the district may transfer the property to a third party of
       its own choosing on such terms as it specifies in the offer.
            (III)  The property acquired by the district has been
       abandoned; or
            (IV)  The owner of the property has requested or pleaded
       in an eminent domain action that the district also acquire
       property that is not essential to the purpose of the acquisition
       on the basis that acquiring less property would leave the owner
       of the property holding an uneconomic remnant.
            (b)  For purposes of this subsection (3):
            (I)  "Owner" means only the record owner of property. 
       "Owner" shall not include any of the record owner's heirs,
       successors, assigns, devisees, or other persons claiming by or
       through the record owner.
            (II)  "Private property" or "property" means, as applied to
       real property, only a fee ownership interest.
            SECTION 2.  Effective date - applicability.  This act shall take
       effect July 1, 2008, and shall apply to condemnation actions commenced
       on or after said date.
            SECTION 3.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.