First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 15-0153.01 Bob Lackner x4350    SENATE BILL 15-114
                   SENATE SPONSORSHIP
 Crowder,
 
                    HOUSE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Local Government
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning restrictions on the ability of a county
            government to exercise its eminent domain powers for
            the acquisition of open space.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill prohibits a county government from either:
                 Acquiring by condemnation property located within its
                 territorial boundaries for the purpose of parks, recreation,
                 open space, conservation, preservation of views or scenic
                 vistas, or for similar purposes; or
       
                 Providing funding, in whole or in part, to any other public
                 or private party for the acquisition by condemnation of
                 property located within its territorial boundaries for the
                 purpose of parks, recreation, open space, conservation,
                 preservation of views or scenic vistas, or for similar
                 purposes.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 38-1-101, add (4.5)
       as follows:
            38-1-101.  Compensation - public use - commission - jury -
       court - prohibition on elimination of nonconforming uses or
       nonconforming property design by amortization - limitation on
       extraterritorial condemnation by municipalities - limitation on
       condemnation by counties for open space - definitions.
       (4.5)  Notwithstanding any other provision of law, in order to
       further protect private property rights in accordance with the
       federal and state constitutions and this section, without the
       consent of the owner of the property, a county shall not:   
            (a)  Acquire by condemnation property located within its
       territorial boundaries for the purpose of parks, recreation,
       open space, conservation, preservation of views or scenic vistas,
       or similar purposes; or
            (b)  Provide funding, in whole or in part, to any other
       public or private party for the acquisition by condemnation of
       property located within its territorial boundaries for the
       purpose of parks, recreation, open space, conservation,
       preservation of views or scenic vistas, or similar purposes.
       
            SECTION 2.  In Colorado Revised Statutes, 30-11-104, add (3)
       as follows:
            30-11-104.  County buildings - acquisition of land or buildings
       by eminent domain authorized - prohibition on eminent domain for
       open space. (3)  Notwithstanding any other provision of law,
       without the consent of the owner of the property, a county
       shall not:
            (a)  Acquire by condemnation property located within its
       territorial boundaries for the purpose of parks, recreation,
       open space, conservation, preservation of views or scenic vistas,
       or similar purposes; or
            (b)  Provide funding, in whole or in part, to any other
       public or private party for the acquisition by condemnation of
       property located within its territorial boundaries for the
       purpose of parks, recreation, open space, conservation,
       preservation of views or scenic vistas, or similar purposes.
            SECTION 3.  Effective date - applicability. This act takes effect
       July 1, 2015, and applies to condemnation actions commenced on or after
       said date.
            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.