Colorado Legislative Council Staff

LOCAL

FISCAL NOTE

No State General Fund Impact

Local Government Revenue Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-142

Rep. Salaz

Date:

Bill Status:

Fiscal Analyst:

January 29, 1998

House Local Government

Steve Tammeus (866-2756)

 

TITLE:            CONCERNING LIMITING THE AUTHORITY OF LOCAL GOVERNMENTS TO EXERCISE THE POWER OF EMINENT DOMAIN.


Summary of Legislation


STATE FISCAL IMPACT SUMMARY

FY 1998/99

FY 1999/2000

State Revenues

General Fund

Other Fund



 



 

State Expenditures

General Fund

Other Fund


 


 

FTE Position Change

None

None

Local Government ImpactThis bill will limit the ability of a local government to resell property acquired through eminent domain.


            This bill prohibits local governments from using eminent domain power to acquire property and resell such property to private persons or entities for commercial use. The bill provides a definition of “local government” and excludes the Denver Metropolitan Major League Baseball Stadium, the Metropolitan Football Stadium District, and any urban renewal authority defined in Section 31-25-103, C.R.S.


            The bill will become effective at 12:01 a.m. on the day following the ninety-day period after adjournment sine die of the General Assembly, or on the date of the official declaration of the vote of the people as proclaimed by the Governor, if a referendum petition is filed pursuant to Article V, Section 1 (3) of the State Constitution.


            This bill will not affect state revenue or expenditures, but may affect local government revenue. Therefore, the bill is assessed as having a local government fiscal impact.



Local Government Impact


            This bill will prevent school districts, special districts, counties, some municipalities, and any other entity not exempted by the provisions of the bill, from invoking the powers of eminent domain to acquire a property and resell that property for commercial use. This fiscal note assumes the local government may realize a financial gain (revenue) in reselling the property for commercial use. Therefore, this bill will limit the ability of certain local governments to generate revenue, if any, through the sale of property acquired through eminent domain. Additionally, the bill will limit the ability of certain local governments to resell a property acquired through eminent domain if the intended governmental use for the property is not realized.



Spending Authority


            This fiscal note would imply no new state appropriations or spending authority are required for FY 1998-99.



Departments Contacted



            Local Affairs              Law