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Second Regular Session
Sixty-first General Assembly
LLS NO. 980142.01 JAG
HOUSE BILL 981129
STATE OF COLORADO
BY REPRESENTATIVE Salaz
A BILL FOR AN ACT
CONCERNING LIMITING THE AUTHORITY OF LOCAL GOVERNMENTS
TO EXERCISE THE POWER OF EMINENT DOMAIN.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Prohibits local governments from using eminent domain
power to acquire property and resell such property to private
persons or entities for commercial use. Defines "local government".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 2 of title 38, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
382101.5. Legislative declaration limitation on local governments' power of eminent domain. (1) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT LOCAL GOVERNMENTS' ABILITY TO USE THE POWER OF EMINENT DOMAIN TO ACQUIRE PROPERTY FOR THE PURPOSE OF RESELLING SUCH PROPERTY TO A PRIVATE PERSON OR ENTITY FOR COMMERCIAL USE IS A MATTER OF STATEWIDE CONCERN.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO LOCAL GOVERNMENT SHALL HAVE THE RIGHT TO TAKE, DAMAGE, CONDEMN, OR APPROPRIATE BY RIGHT OF EMINENT DOMAIN PROPERTY FOR THE PURPOSE OF SELLING SUCH PROPERTY TO PRIVATE PERSONS OR ENTITIES FOR COMMERCIAL USE.
(3) AS USED IN THIS SECTION, "LOCAL GOVERNMENT" MEANS ANY CITY, TOWN, CITY AND COUNTY, SCHOOL DISTRICT, SPECIAL DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THE STATE, EXCEPT FOR:
(a) THE DENVER METROPOLITAN MAJOR LEAGUE BASEBALL STADIUM DISTRICT CREATED PURSUANT TO SECTION 3214104, C.R.S.;
(b) THE METROPOLITAN FOOTBALL STADIUM DISTRICT CREATED PURSUANT TO SECTION 3215104, C.R.S.; AND
(c) ANY URBAN RENEWAL AUTHORITY AS DEFINED IN SECTION 3125103, C.R.S.
SECTION 2. Effective
date. This act shall take effect at 12:01 a.m.
on the day following the expiration of the ninetyday period
after final adjournment of the general assembly that is allowed
for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum
petition is filed against this act or an item, section, or part
of this act within such period, then the act, item, section, or
part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation
of the governor.