Click here for Fiscal Note

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 & ENERGY

A BILL FOR AN ACT

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

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

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:

ARTICLE 1.5

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.