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Second Regular Session
Sixty-first General Assembly
LLS NO. 980031.01 PLC
SENATE BILL 98006
STATE OF COLORADO
BY SENATOR Ament;
also REPRESENTATIVE Johnson.
AGR., NATURAL RESOURCES &
A BILL FOR AN ACT
CONCERNING STANDING OF POLITICAL SUBDIVISIONS TO
PROTECT PROPERTY INTERESTS IN CERTAIN PROCEEDINGS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Land and Water Resource Issues Committee.
Establishes 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.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:
Protection of Property Rights
291.5101. Political subdivisions standing to protect property rights. IN ADDITION TO ANY OTHER RIGHTS POLITICAL SUBDIVISIONS OTHERWISE HAVE UNDER LAW, POLITICAL SUBDIVISIONS OF THE STATE SHALL HAVE A LEGALLY PROTECTABLE INTEREST IN, AND STANDING TO ASSERT OR DEFEND TO THE SAME EXTENT AS PRIVATE CITIZENS, THEIR PROPERTY RIGHTS OR CONTRACT RIGHTS IN PROCEEDINGS CONCERNING THE ENFORCEMENT OR CONSTITUTIONALITY OF FEDERAL OR STATE LAWS OR OTHER GOVERNMENT ACTIONS. NOTHING HEREIN SHALL AFFECT THE ABILITY OF THE STATE OR LOCAL GOVERNMENTS TO EXERCISE THEIR LAWFUL POLICE POWERS.
SECTION 2. 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.