SENATE BILL 97049
BY SENATORS Wattenberg, Alexander, Ament, Bishop, Chlouber, Dennis, Johnson, Norton, and Powers;
also REPRESENTATIVES George, Schwarz, Entz, Epps,
Taylor, and Udall.
CONCERNING ENHANCING THE STABILITY OF LEASES FOR
AGRICULTURALLY RELATED USES ON STATE TRUST LAND, AND MAKING AN
APPROPRIATION IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 361118
(1), (4), and (5), Colorado Revised Statutes, 1990 Repl. Vol.,
are amended, and the said 361118 is further amended
BY THE ADDITION OF A NEW SUBSECTION, to read:
361118. Terms of leasing
renewals sale of leased land.
(1) (a) The public lands of the state may be leased
by the state board of land commissioners in such manner and to
such persons as will produce an optimum
longterm revenue BE CONSISTENT
WITH ARTICLE IX OF THE CONSTITUTION OF THE STATE OF COLORADO.
No A
lease of such
lands for grazing or agricultural purposes shall be for a longer
period than
OF ten years UNLESS AN ALTERNATE TERM IS AGREED TO BY THE BOARD
AND THE LESSEE.
(b) (I) EXCEPT AS OTHERWISE PROVIDED
IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (b), in determining the
maximum benefit to the state in the
renewal of any expiring lease, the board shall consider, among
other things, the care and use given the land and the development
work done by the lessee in conserving and promoting the productivity
thereof and in promoting optimum longterm
revenue for school purposes and the classification, location,
and contribution to the unit controlled by the lessee
BENEFIT FOR THE TRUSTS.
(II) IN DETERMINING THE RENEWAL OR TERMINATION
OF AN EXPIRING AGRICULTURAL OR GRAZING LEASE, OR THE SALE OR EXCHANGE
OF LAND FOR AGRICULTURAL OR GRAZING PURPOSES, THE BOARD SHALL
CONSIDER THE BENEFIT THAT CONTINUED AGRICULTURAL AND GRAZING USE
OF THE LAND CONTRIBUTES TO THE PURPOSES OF THE RESPECTIVE TRUSTS
BY THE PRESERVATION OF THE STABILITY OF THE LOCAL COMMUNITY, THE
REVENUE PROVIDED FOR TRUST PURPOSES, AND THE LESSEE'S STEWARDSHIP
OF THE LAND.
(c) Before land is leased to anyone other
than the present lessee FOR AGRICULTURAL OR GRAZING USES, said
THE present lessee shall be given ten days' notice and
an opportunity during the ten days to negotiate
TO BEGIN NEGOTIATIONS AND NINETY DAYS TO COMPLETE NEGOTIATIONS
with the state board of land commissioners concerning a new lease.
THE BOARD SHALL NOT LEASE LAND THAT IS BEING LEASED FOR AGRICULTURAL
OR GRAZING USES TO ANYONE OTHER THAN THE PRESENT LESSEE FOR
AGRICULTURAL OR GRAZING USES UNLESS THE BOARD AND LESSEE FAIL
TO AGREE ON LEASE TERMS, THE PRESENT LESSEE DOES NOT WISH TO RENEW
HIS OR HER LEASE, OR THE PRESENT LESSEE HAS FAILED TO COMPLY WITH
ANY PROVISION OF THE LEASE. IF THE LAND WILL NOT CONTINUE TO
BE LEASED FOR AGRICULTURAL OR GRAZING PURPOSES, THE BOARD SHALL
FIND THAT THE BENEFIT OF CONTINUED AGRICULTURAL AND GRAZING USE
OF THE LAND IS OUTWEIGHED BY THE BENEFIT THAT WILL BE PROVIDED
BY THE NEW USE AND THAT CONTINUED AGRICULTURAL OR GRAZING USE
IS INCOMPATIBLE WITH OTHER PURPOSES FOR WHICH THE LAND IS TO BE
LEASED.
(d) FOR AGRICULTURAL OR GRAZING LEASES
EXPIRING ON OR AFTER JULY 1, 1998, THE BOARD SHALL PROVIDE THE
LESSEE WITH WRITTEN NOTICE, ONE YEAR PRIOR TO THE EXPIRATION OF
SUCH LEASE, OF ITS INTENT NOT TO RENEW THE LEASE FOR AGRICULTURAL
OR GRAZING USES.
(4) (a) The board may, in its discretion,
offer for sale any land leased at any time during the term of
the lease as though said lease had not been executed, or it may
withdraw such land from sale during the full term of the lease;
EXCEPT THAT THE BOARD MAY NOT SELL OR EXCHANGE LAND SUBJECT TO
A LEASE FOR AGRICULTURAL OR GRAZING PURPOSES DURING THE TERM OF
THE LEASE UNLESS THE BOARD COMPLIES WITH THE REQUIREMENTS OF PARAGRAPH
(d) OF SUBSECTION (1) OF THIS SECTION AND PARAGRAPH (b) OF THIS
SUBSECTION (4). THE BOARD SHALL SUBJECT THE SALE OR EXCHANGE
OF LAND CURRENTLY LEASED FOR AGRICULTURAL OR GRAZING PURPOSES
TO THE CONTINUATION OF THE TERMS OF THE CURRENT LEASE UNLESS THE
LESSEE AGREES OTHERWISE, THE BOARD OR THIRD PARTY BUYS OUT THE
LEASE AT A PRICE EQUAL TO THE CURRENT YEAR'S LEASE RATE FOR EACH
YEAR, OR FRACTION THEREOF, REMAINING IN THE LEASE, OR UNLESS SUBJECTING
THE SALE OR EXCHANGE OF SUCH LAND TO THE CURRENT LEASE TERMS WOULD
VIOLATE ARTICLE IX OF THE CONSTITUTION OF THE STATE OF COLORADO.
IN ANY EVENT, THE BOARD MAY CANCEL OR TERMINATE THE LEASE ON
LAND SUBJECT TO THE LEASE UP TO A TOTAL OF EIGHTY ACRES DURING
THE TERM OF THE LEASE WITHOUT PAYMENT AS LONG AS SUCH CANCELLATION
OR TERMINATION IS DONE IN COMPLIANCE WITH PARAGRAPH (d) OF SUBSECTION
(1) OF THIS SECTION.
(b) IF THE BOARD DETERMINES THAT ALL OR
A PORTION OF LAND BEING LEASED FOR AGRICULTURAL OR GRAZING PURPOSES
MAY BE OFFERED FOR SALE OR NONSIMULTANEOUS EXCHANGE, AND
IF THE AGRICULTURAL OR GRAZING LESSEE IS IN COMPLIANCE WITH THE
PROVISIONS OF THE LEASE, AND IF THE LESSEE IS IN ATTENDANCE OR
REPRESENTED ON THE DAY OF SALE OR AT THE BID OPENING FOR NONSIMULTANEOUS
EXCHANGE OF THE LAND, THE LESSEE MAY EXERCISE HIS OR HER RIGHTS
PURSUANT TO THIS PARAGRAPH (b) TO MATCH THE HIGHEST BID RECEIVED.
THE LESSEE SHALL HAVE THE RIGHT TO OFFER MATCHING BIDS UNTIL
SUCH TIME AS THE HIGH BIDDER REFUSES TO RAISE THE BID OR UNTIL
THE LESSEE DECIDES NOT TO MATCH THE BID, WHICHEVER FIRST OCCURS.
IF THE SUCCESSFUL BIDDER FAILS TO COMPLY WITH THE TERMS OF THE
SALE OR NONSIMULTANEOUS EXCHANGE, THE NEXTHIGHEST
BIDDER SHALL BE OFFERED THE LAND WITHOUT FURTHER AUCTION PROCESS.
(5) The board has
power to MAY cancel and terminate
any lease at any time if it finds that a lessee has violated any
of the provisions of the lease or made any false statement in
his THE
application therefor.
(7) THE BOARD MAY CANCEL AND TERMINATE
ANY LEASE OR OTHER USE OF STATE LANDS PROCURED THROUGH FRAUD,
DECEIT, OR MISREPRESENTATION.
SECTION 2. Article
1 of title 36, Colorado Revised Statutes, 1990 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
361118.3. Immunity from
civil liability. A LESSEE OF PUBLIC TRUST
LANDS AND THE LESSEE'S AGENTS AND EMPLOYEES ARE IMMUNE FROM CIVIL
LIABILITY FOR OR ON ACCOUNT OF DAMAGES OR INJURIES TO ANY PERSON
RESULTING FROM THE BOARD'S ALLOWING ACCESS TO THE LEASED TRUST
LAND BY THE PUBLIC FOR RECREATIONAL OR WILDLIFE PURPOSES WITHOUT
THE LESSEE'S APPROVAL SO LONG AS THE DAMAGES OR INJURIES ARE NOT
THE RESULT OF LESSEE'S OR LESSEE'S AGENTS OR EMPLOYEES WILLFUL
OR WANTON CONDUCT OR GROSS NEGLIGENCE. ASSENT BY THE LESSEE TO
ANY PLAN APPROVED BY THE BOARD THAT ALLOWS ACCESS OVER WHICH THE
LESSEE HAS NO CONTROL, DOES NOT CONSTITUTE APPROVAL BY THE LESSEE.
SECTION 3. 361119,
Colorado Revised Statutes, 1990 Repl. Vol., is amended to read:
361119. Purchase of
improvements. (1) Should
anyone apply to
lease, PURCHASE, OR RECEIVE THROUGH AN EXCHANGE any of the lands
belonging to the state upon which there are AUTHORIZED improvements
belonging to another party
THE LESSEE, THE NEW OWNER OR NEW LESSEE SHALL PAY THE FORMER LESSEE
FOR SUCH AUTHORIZED IMPROVEMENTS. Before a lease shall issue OR
BEFORE TITLE TO THE LAND IS CONVEYED OR EXCHANGED,
he THE NEW OWNER OR NEW LESSEE shall
file in the office of the state board of land commissioners a
receipt showing that the price
VALUE of the improvements, as agreed upon by the parties or fixed
ESTABLISHED by the state board, has been paid to the owner thereof
in full or shall make satisfactory proof that he OR SHE has tendered
to such owner the price
VALUE of the improvements so agreed upon or fixed
ESTABLISHED by the board. If, by
any mistake or error, any money has been paid on account of any
sale or lease of state lands, it is the duty of the board to draw
a voucher in favor of the party paying said money. On presentation
of the voucher, the controller shall draw his warrant upon the
state treasurer for the amount, and the state treasurer shall
pay the same out of the fund into which such money was deposited
or placed. If, through any fraud, deceit, or misrepresentation,
any party procures the issuing of any lease for state lands, the
board has the authority to cancel any such lease.
(2) SHOULD THE STATE BOARD TERMINATE OR
CANCEL A LEASE OF STATE LANDS UPON WHICH THERE ARE AUTHORIZED
IMPROVEMENTS BELONGING TO THE LESSEE, THE BOARD SHALL PAY THE
VALUE OF THE AUTHORIZED IMPROVEMENTS ESTABLISHED BY THE BOARD
TO THE LESSEE SUBJECT TO AVAILABLE FUNDING FOR SUCH PURPOSE AND
SUBJECT TO THE LESSEE HAVING SATISFIED ALL OUTSTANDING OBLIGATIONS
TO THE STATE IN RELATION TO THE LEASE, OR UNLESS OTHERWISE AGREED
TO BY THE LESSEE, OR UNLESS THE VALUE OF THE AUTHORIZED IMPROVEMENTS
IS PAID BY A THIRD PARTY.
SECTION 4. Appropriation.
(1) In addition to any other appropriation, there is
hereby appropriated, out of any moneys in the land board administration
fund not otherwise appropriated, to the department of natural
resources, for the fiscal year beginning July 1, 1997, the sum
of eight thousand five hundred fortyone dollars ($8,541),
or so much thereof as may be necessary, for the implementation
of this act.
(2) In addition to any other appropriation, there
is hereby appropriated, to the department of law, for the fiscal
year beginning July 1, 1997, the sum of eight thousand five hundred
fortyone dollars ($8,541), or so much thereof as may be
necessary, for the provision of legal services to the department
of natural resources for the purposes of this act. Such sum shall
be from cash funds received from the land board out of the appropriation
made in subsection (1) of this section.
SECTION 5. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO