NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 07-1069
      
      
      BY REPRESENTATIVE(S) McKinley, Borodkin, Buescher, Butcher,
      Carroll T., Casso, Cerbo, Curry, Gallegos, Green, Jahn, Kerr A., King,
      Labuda, Madden, Marshall, McFadyen, and Pommer;
      also SENATOR(S) Kester, Bacon, Boyd, Brophy, Fitz-Gerald, Groff, Isgar,
      Johnson, Keller, Sandoval, Schwartz, Shaffer, Spence, Tapia, Taylor,
      Tochtrop, Wiens, Williams, and Windels.
      
      
      Concerning withdrawal of the consent given by the state to the
           federal government for the acquisition of land within the
           state for military training purposes by means of eminent
           domain.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Legislative declaration.  (1)  The general assembly
      hereby finds and declares that:
      
           (a)  Military training is a proper purpose for the acquisition of land
      within the state by the federal government; however, expansion of the Pinon
      Canyon Maneuver Site in southeastern Colorado has not been demonstrated
      to be either necessary or desirable;
      
           (b)  The proposed expansion of the Pinon Canyon Maneuver Site has
      the potential for causing enormous adverse impacts of an economic,
      agricultural, historic, and environmental nature;
      
           (c)  Section 8 (17) of article I of the United States constitution allows
      the state legislatures to withdraw consent by a state to the exercise by the
      federal government of exclusive jurisdiction over particular land and, by
      withdrawing such consent, allows the state to claim concurrent jurisdiction
      over the land with the federal government; and
      
           (d)  The general assembly recognizes that it is unable to prohibit the
      federal government from using the power of eminent domain to acquire
      private property from unwilling land owners.  By removing its consent to
      the exclusive jurisdiction by the federal government over the land, and
      preserving its rights to concurrent jurisdiction with the federal government
      over the land, it is the intent of the general assembly to make any such
      acquisition less desirable to the federal government.
      
           SECTION 2.  3-1-102, Colorado Revised Statutes, is amended to
      read:
      
           3-1-102.  Consent to acquire land - when notice required.  Except
      as provided in this section, the consent of the state of Colorado is hereby
      given, in accordance with the seventeenth clause, eighth section of the first
      article section 8 (17) of article I of the constitution of the United States,
      to the acquisition by the United States, by purchase, condemnation, or
      otherwise, of any land in this the state required for custom houses,
      courthouses, post offices, arsenals, or other buildings whatever, or for any
      other proper purpose of the United States government; but except that
      consent is not hereby given to the acquisition of, or exclusive
      jurisdiction over, land sought by the United States department of
      defense for purposes associated with the expansion of the Pinon
      Canyon Maneuver Site.  However, before any privately owned land in
      this the state is acquired for any purpose other than for public highways,
      custom houses, courthouses, post offices, arsenals, or other governmental
      buildings, the United States shall give written notice of intention to acquire
      such the land to the board of county commissioners of the county wherein
      such the land is situated and to the division of property taxation, which
      notice shall be given at least sixty days prior to the date of such the
      intended acquisition.  If such the notice be is not given or if such the
      board of county commissioners or the division of property taxation shall file
      files with the secretary of state of the state of Colorado within such the
      sixty-day period a request that such the acquisition be considered by the
      general assembly of the state of Colorado, then and in such event the
      consent of the state of Colorado shall not be deemed to have been given to
      such the acquisition unless and until the general assembly of the state of
      Colorado shall have by law specifically consented thereto.
      
           SECTION 3.  Applicability.  This act shall apply to condemnation
      actions commenced on or after the effective date of this act.
      
           SECTION 4.  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.
      
      
      
      
      ________________________________________________________
      Andrew Romanoff                      Joan Fitz-Gerald
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO