HOUSE BILL 971156
BY REPRESENTATIVES Hagedorn, Schwarz, Mace, Morrison, Paschall, Udall, and Zimmerman;
also SENATORS Ament, Bishop, Chlouber, Hernandez,
Pascoe, Phillips, Rizzuto, and Rupert.
CONCERNING PROCEDURES TO EXPEDITE JUDICIAL REVIEW
OF LAND USE DECISIONS BY LOCAL GOVERNMENTAL ENTITIES.
Be it enacted by the General Assembly of the State
SECTION 1. Legislative declaration.
(1) The general assembly finds, determines, and declares
(a) Decisions of local governmental boards
and tribunals concerning the use and development of land are often
controversial and may have serious and immediate consequences;
(b) Judicial review of such decisions
should be as expeditious as possible in order to minimize such
consequences and avoid prolonged and divisive controversy within
(c) The purpose of this article is not
to usurp the rulemaking authority of the Colorado supreme
court, but to complement such authority by granting expedited
relief to those who may be aggrieved by land use decisions; and
(d) The matters addressed in this article
are matters of statewide concern.
(2) If any provision of this act is held
invalid with respect to its application to any person or factual
situation, all other provisions shall continue to apply, and to
that end the provisions of this act are hereby declared severable.
SECTION 2. Title 13, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:
Review of Land Use Decisions
1351.5101. Scope and purpose
of article. THIS ARTICLE APPLIES TO JUDICIAL
REVIEW OF LOCAL LAND USE DECISIONS IN CASES WHERE IT IS ALLEGED
THAT A GOVERNMENTAL BODY OR OFFICER OR ANY LOWER JUDICIAL BODY
EXERCISING JUDICIAL OR QUASIJUDICIAL FUNCTIONS HAS EXCEEDED
ITS JURISDICTION OR ABUSED ITS DISCRETION AND THERE IS NO PLAIN,
SPEEDY, AND ADEQUATE REMEDY OTHERWISE PROVIDED BY LAW. REVIEW
SHALL BE LIMITED TO A DETERMINATION OF WHETHER THE BODY OR OFFICER
HAS EXCEEDED ITS JURISDICTION OR ABUSED ITS DISCRETION, BASED
ON THE EVIDENCE IN THE RECORD BEFORE THE DEFENDANT BODY OR OFFICER.
1351.5102. Definitions. AS
USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "DEVELOPMENT PERMIT" MEANS
ANY ZONING PERMIT, SUBDIVISION APPROVAL, CERTIFICATION, SPECIAL
EXCEPTION, VARIANCE, OR ANY OTHER SIMILAR ACTION OF A GOVERNMENTAL
ENTITY THAT HAS THE EFFECT OF AUTHORIZING THE DEVELOPMENT OF REAL
PROPERTY. "DEVELOPMENT PERMIT" DOES NOT INCLUDE A BUILDING
(2) "LOCAL LAND USE DECISION"
MEANS ANY ACTION OF A GOVERNMENTAL ENTITY THAT HAS OR WILL HAVE
THE EFFECT OF GRANTING, DENYING, OR GRANTING WITH CONDITIONS AN
APPLICATION FOR A DEVELOPMENT PERMIT.
(3) "GOVERNMENTAL ENTITY" INCLUDES ANY MUNICIPAL, COUNTY, OR REGIONAL GOVERNMENT WITH THE AUTHORITY TO PLAN AND ZONE LAND. "GOVERNMENTAL ENTITY" DOES NOT INCLUDE THE STATE OF COLORADO, ANY AGENCY OF THE STATE OF COLORADO, THE UNITED STATES, OR ANY AGENCY OF THE UNITED STATES.
1351.5103. Request for administrative record certification
time limits. (1) UNLESS
THE COURT SPECIFICALLY ORDERS OTHERWISE UPON A SHOWING OF GOOD
CAUSE FOR DELAY, A DEFENDANT GOVERNMENTAL BODY OR OFFICER SHALL
FILE THE RECORD PURSUANT TO RULE 106 (a) (4) (III), C.R.C.P.,
OR ANY SUCCESSOR RULE THERETO WITHIN THIRTY DAYS AFTER THE FILING
OF THE COMPLAINT.
(2) EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, ALL ASPECTS OF THE PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE
WITH THE COLORADO RULES OF CIVIL PROCEDURE, INCLUDING WITHOUT
LIMITATION C.R.C.P. 106 AND ANY SUCCESSOR THERETO.
SECTION 3. Effective
date applicability. This act shall take effect
July 1, 1997, and shall apply to actions commenced on or after
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.
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
GOVERNOR OF THE STATE OF COLORADO