Colorado Legislative Council Staff

LOCAL

CONDITIONAL FISCAL NOTE

Revenue and Expenditure Impact


Drafting Number:

Prime Sponsor(s):

LLS 98-031

Sen. Ament

Rep. Johnson

Date:

Bill Status:

Fiscal Analyst:

November 17, 1997

Senate Agriculture

Will Meyer (866-4976)

 

TITLE:            CONCERNING STANDING OF POLITICAL SUBDIVISIONS TO PROTECT PROPERTY INTERESTS IN CERTAIN PROCEEDINGS.



Summary of Legislation


            The provisions of this bill would establish that political subdivisions of the state have standing to assert or defend property rights or contract rights in proceedings concerning the enforcement or constitutionality of federal or state laws, or other government actions. The bill would become effective upon signature of the Governor.


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 Impact — Conditional fiscal impact on political subdivisions that utilize the authority granted by this bill.

            The provisions of this bill would grant standing to a political subdivision to assert or defend a property interest to the same extent as a private citizen. These provisions would grant political subdivisions authority to protect their water and other property interests. This authority would enable a municipality to assert in federal court that a by-pass flow requirement of the United States Forest Service is an illegal taking. A city or other political subdivision also would have standing to assert that a county’s land use regulations amount to a regulatory taking if the conditions placed upon the development of a water project are too costly.


            It is believed that the provisions of this bill would result in an insignificant increase in the number of cases filed with the courts and could be absorbed within current appropriations to the Judicial Branch. This bill would not have any significant impact on any other agency of the state. Therefore, this bill is assessed as having no fiscal impact to the state.


Local Government Impact


            The provisions of this bill would have a conditional fiscal impact on the political subdivisions of the state that choose to utilize the authority granted by this bill and bring lawsuits against other units of governments. Costs to political subdivisions are the costs to file a lawsuit, and in some instances the costs to defend against a lawsuit, including staff time, legal time, and potentially the payment of damages. Revenues to local governments could result from both settlements of lawsuits and court awarded payment of damages.



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