First Regular Session

Sixty-second General Assembly

LLS NO. R99­0861.01 Jane Ard­Smith

STATE OF COLORADO

BY REPRESENTATIVES Swenson, Johnson

AGRICULTURE, LIVESTOCK AND NATURAL RESOURCES

HOUSE CONCURRENT RESOLUTION 99-1002

CONCERNING THE SUBMISSION TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF COLORADO, ESTABLISHING AN AGRICULTURAL LANDS PRESERVATION PROGRAM, AND, IN CONNECTION THEREWITH, WEAKENING A STATUTORY SPENDING LIMITATION BY REQUIRING THAT A SPECIFIED AMOUNT OF GENERAL FUND REVENUES THAT ARE IN EXCESS OF THE STATE STATUTORY LIMITATION ON GENERAL FUND APPROPRIATIONS BE APPROPRIATED TO THE COLORADO AGRICULTURAL LANDS PRESERVATION FUND AND REQUIRING THAT EXCESS STATE REVENUES BE RETAINED AND APPROPRIATED TO SUCH FUND SO THAT THE TOTAL AMOUNT APPROPRIATED TO SUCH FUND EQUALS BUT DOES NOT EXCEED TWENTY­FIVE MILLION DOLLARS PER STATE FISCAL YEAR.

Resolution Summary

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

Amends the state constitution to establish an agricultural lands preservation program. Establishes the Colorado agricultural lands preservation trust board and defines the board's responsibilities. Establishes an agricultural lands preservation fund. Requires that an amount equal to $25 million or 10% of the general fund revenues that are in excess of any state statutory limitation on general fund appropriations or any successor limitation, whichever is less, be set aside, allocated, allotted, and continuously appropriated to such fund. Also requires that if the amount of state revenues for the immediately preceding state fiscal year exceeded the limitation on state fiscal year spending imposed by the state constitution, then an amount of such excess revenues be retained, set aside, allocated, allotted, and appropriated to such fund so that the total amount appropriated to the fund equals but does not exceed $25 million per state fiscal year. The amount of excess revenues transferred to such fund shall be from such funds as defined by law. Provides that revenues or other moneys deposited in such fund shall constitute a voter­approved revenue change, and such revenues and other moneys shall not be included in either state or local government fiscal year spending for purposes of section 20 of article X of the state constitution or any other provision of law.

Specifies that moneys in the fund are to be expended to acquire agricultural lands preservation easements. Establishes criteria for acquiring, prioritizing, and valuing such easements. Specifies when and how such easements may be terminated.

Be It Resolved by the House of Representatives of the Sixty­second General Assembly of the State of Colorado, the Senate concurring herein:

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

The constitution of the state of Colorado is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE XXVIII

Agricultural Lands Preservation Program

Section 1.  Agricultural lands preservation program.  THE PEOPLE OF THE STATE OF COLORADO INTEND TO CONSERVE, PROTECT, AND ENCOURAGE IMPROVEMENT OF AGRICULTURAL LANDS WITHIN THE STATE FOR THE PRODUCTION OF FOOD AND OTHER AGRICULTURAL PRODUCTS. THE PEOPLE ALSO INTEND TO ENCOURAGE, PROMOTE, AND PROTECT FARMING AS A VALUED OCCUPATION. PRESERVATION OF COLORADO'S FARMLANDS AND FORESTLANDS IS ESSENTIAL TO MAINTAINING AGRICULTURE AS A VIABLE INDUSTRY AND AN IMPORTANT CONTRIBUTOR TO COLORADO'S ECONOMY. THE PEOPLE OF THE STATE OF COLORADO HEREBY FIND THAT VALUABLE AND IRREPLACEABLE FARMLANDS AND FORESTLANDS ARE BEING LOST DUE TO NONAGRICULTURAL DEVELOPMENT PRESSURES AND THAT, TO ENSURE THE LONG­TERM UTILIZATION OF THE STATE'S MOST VIABLE AGRICULTURAL LANDS, IT IS NECESSARY TO ADOPT AND IMPLEMENT AN EFFECTIVE PROGRAM FOR PERMANENT AGRICULTURAL LAND PRESERVATION. TO THE MAXIMUM EXTENT POSSIBLE, ACTIONS BY THE STATE THAT HAVE AN ADVERSE IMPACT ON VIABLE AGRICULTURAL LANDS, ESPECIALLY ACTIONS INVOLVING THE EXERCISE OF THE POWERS OF EMINENT DOMAIN, SHOULD BE AVOIDED OR MINIMIZED. THE PEOPLE OF THE STATE OF COLORADO FURTHER RECOGNIZE THAT A NEED EXISTS TO CREATE SUFFICIENT ECONOMIC INCENTIVES AND BENEFITS TO ENCOURAGE AGRICULTURAL LANDOWNERS TO VOLUNTARILY PLACE VIABLE AGRICULTURAL LANDS UNDER PROTECTIVE RESTRICTIONS THROUGH THE PURCHASE OF AGRICULTURAL LANDS PRESERVATION EASEMENTS ON SUCH LANDS. THE PEOPLE OF THE STATE OF COLORADO INTEND TO PROVIDE FOR THE CREATION OF PERMANENT AGRICULTURAL AREAS COMPRISED OF VIABLE FARMLANDS AND FORESTLANDS TO SERVE THE LONG­TERM NEEDS OF THE AGRICULTURAL COMMUNITY AND THE PEOPLE OF THE STATE OF COLORADO.

Section 2.  Definitions ­ agricultural lands ­ agricultural lands preservation easement. (1)  FOR PURPOSES OF THIS ARTICLE:

(a)  "AGRICULTURAL LANDS" MEANS ANY LAND USED FOR OR SUITABLE FOR THE PRODUCTION OF AGRICULTURAL PRODUCTS, RANCHING AND GRAZING, FORESTRY, AND ADJACENT LANDS THAT SERVE AS RIPARIAN AREAS OR WILDLIFE HABITAT.

(b)  "AGRICULTURAL LANDS PRESERVATION EASEMENT" MEANS AN EASEMENT THAT PREVENTS ADDITIONAL DEVELOPMENT ON THE AGRICULTURAL LANDS SUBJECT TO SUCH EASEMENT, OTHER THAN THAT DEVELOPMENT ESSENTIAL TO AND SERVICING THE EXISTING AGRICULTURAL USES ON THE LAND AND WITHOUT WHICH SUCH EXISTING AGRICULTURAL USES WOULD CEASE TO BE VIABLE, AND THAT ALSO PREVENTS AN INCREASE IN INTENSITY OF AGRICULTURAL USES OF THE AGRICULTURAL LANDS SUBJECT TO SUCH EASEMENT.

Section 3.  Colorado agricultural lands preservation trust board. (1)  THERE SHALL BE ESTABLISHED A COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD. THE BOARD SHALL CONSIST OF TEN MEMBERS AS FOLLOWS:

(a)  THE COMMISSIONER OF AGRICULTURE OR THE COMMISSIONER'S DESIGNEE, WHO SHALL SERVE AS CHAIR OF THE BOARD;

(b)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES OR THE EXECUTIVE DIRECTOR'S DESIGNEE;

(c)  THREE MEMBERS APPOINTED BY THE GOVERNOR, SUBJECT TO CONSENT BY THE SENATE, WHO REPRESENT ACTIVE AGRICULTURAL PRODUCTION. THE MEMBERS SHALL REPRESENT FARMERS, RANCHERS, AND OTHER AGRICULTURAL PRODUCERS, AS DETERMINED BY THE GOVERNOR.

(d)  ONE MEMBER OF THE WILDLIFE COMMISSION APPOINTED BY THE GOVERNOR, BUT NOT SUBJECT TO CONSENT BY THE SENATE;

(e)  ONE MEMBER WHO SHALL BE A COMMISSIONER OF A COUNTY BOARD OF COMMISSIONERS, APPOINTED BY THE GOVERNOR, SUBJECT TO CONSENT BY THE SENATE;

(f)  ONE MEMBER WHO SHALL BE A MAYOR OF A MUNICIPALITY, APPOINTED BY THE GOVERNOR, SUBJECT TO CONSENT BY THE SENATE;

(g)  ONE MEMBER WHO SHALL REPRESENT THE ENVIRONMENTAL COMMUNITY, APPOINTED BY THE GOVERNOR, SUBJECT TO CONSENT BY THE SENATE; AND

(h)  ONE MEMBER OF THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND, APPOINTED BY THE GOVERNOR, BUT NOT SUBJECT TO CONSENT BY THE SENATE.

(2)  THE DIRECTOR OF THE GREAT OUTDOORS COLORADO PROGRAM SHALL SERVE AS AN EX OFFICIO MEMBER OF THE BOARD.

(3)  THE TERMS OF THE MEMBERS APPOINTED BY THE GOVERNOR SHALL BE FOUR YEARS; EXCEPT THAT THE INITIAL TERMS OF THE MEMBERS APPOINTED BY THE GOVERNOR SHALL BE AS FOLLOWS:

(a)  TWO YEARS FOR ONE MEMBER APPOINTED TO REPRESENT ACTIVE AGRICULTURAL PRODUCTION, THE MEMBER OF THE WILDLIFE COMMISSION, AND THE MEMBER WHO IS A COMMISSIONER OF A COUNTY BOARD OF COMMISSIONERS;

(b)  THREE YEARS FOR ONE MEMBER APPOINTED TO REPRESENT ACTIVE AGRICULTURAL PRODUCTION, THE MEMBER WHO IS A MAYOR OF A MUNICIPALITY, AND THE MEMBER APPOINTED TO REPRESENT THE ENVIRONMENTAL COMMUNITY; AND

(c)  FOUR YEARS FOR ONE MEMBER APPOINTED TO REPRESENT ACTIVE AGRICULTURAL PRODUCTION AND THE MEMBER OF THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND.

(4)  NOTWITHSTANDING ANY STATUTORY OR CONSTITUTIONAL PROVISION TO THE CONTRARY, THE BOARD SHALL BE RESPONSIBLE FOR AND SHALL HAVE THE POWER TO PERFORM THE FOLLOWING:

(a)  TO ADOPT RULES TO IMPLEMENT THE CRITERIA FOR THE PURCHASE OF AGRICULTURAL LANDS PRESERVATION EASEMENTS SET FORTH IN SECTION 6 OF THIS ARTICLE. SUCH RULES SHALL SUPPLEMENT, BE CONSISTENT WITH, AND BE WHOLLY SUBORDINATE TO THE STANDARDS AND CRITERIA SET FORTH IN THIS ARTICLE.

(b)  TO ADOPT A STATEWIDE AGRICULTURAL LANDS PRESERVATION STRATEGY THAT IS CONSISTENT WITH AND DESIGNED TO IMPLEMENT THE CRITERIA AND STANDARDS SET FORTH IN THIS ARTICLE. THE BOARD SHALL CONSULT WITH STATE DEPARTMENTS, LOCAL GOVERNMENTS, THE AGRICULTURAL COMMUNITY, AND OTHER INTERESTED CITIZENS IN DEVELOPING SUCH STRATEGY.

(c)  TO ADMINISTER, OPERATE, AND SUPERVISE THE COLORADO AGRICULTURAL LANDS PRESERVATION FUND;

(d)  TO MONITOR AND ENFORCE THE REQUIREMENTS AND RESTRICTIONS IMPOSED BY THIS ARTICLE, ANY REGULATIONS ADOPTED PURSUANT TO THIS ARTICLE, AND THE TERMS OF ANY LEGALLY BINDING INSTRUMENTS ENTERED INTO UNDER THIS ARTICLE;

(e)  TO ESTABLISH A PROGRAM OF COOPERATION AND COORDINATION WITH THE GOVERNING BODIES OF COUNTIES, MUNICIPALITIES, SPECIAL DISTRICTS, OTHER UNITS OF GENERAL GOVERNMENT BELOW THE STATE LEVEL, AND PRIVATE NONPROFIT OR PUBLIC ORGANIZATIONS TO ASSIST IN THE PRESERVATION OF AGRICULTURAL LANDS FOR AGRICULTURAL PURPOSES;

(f)  TO SEEK AND ACCEPT FEDERAL GRANTS, LOANS, AND OTHER FUNDING, INCLUDING LOANS UNDER THE "FARMS FOR THE FUTURE ACT OF 1990", 7 U.S.C. SEC. 4201 ET SEQ., AND TO TAKE ALL OTHER NECESSARY ACTIONS REQUIRED TO RECEIVE SUCH FUNDING. THE BOARD SHALL DEPOSIT ANY SUCH MONEYS RECEIVED INTO THE COLORADO AGRICULTURAL LANDS PRESERVATION FUND CREATED IN SECTION 4 OF THIS ARTICLE.

(g)  TO PREPARE, PUBLISH, AND DISTRIBUTE AN ANNUAL REPORT TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND THE CITIZENS OF COLORADO. THE REPORT SHALL INCLUDE AN ANNUAL AUDIT OF THE BOARD'S ACCOUNTS, AN INVENTORY OF PRESERVATION EASEMENTS ACQUIRED DURING THE PERIOD, THE STATUS OF THE COLORADO AGRICULTURAL LANDS PRESERVATION FUND, AND ANY OTHER INFORMATION THE BOARD DEEMS APPROPRIATE.

(h)  TO DEVELOP AN EFFECTIVE PROGRAM TO FULLY IMPLEMENT THE PROVISIONS OF THIS ARTICLE;

(i)  TO ADOPT AN ORGANIZATIONAL STRUCTURE FOR THE BOARD AND ITS STAFF TO IMPLEMENT THIS ARTICLE;

(j)  TO SUE AND BE SUED;

(k)  TO EMPLOY SUCH STAFF AND TO CONTRACT FOR SUCH OFFICE SPACE AND ACQUIRE SUCH EQUIPMENT AND SUPPLIES AND ENTER INTO OTHER SUCH CONTRACTS AS IT MAY CONSIDER NECESSARY FROM TIME TO TIME TO ACCOMPLISH ITS PURPOSES AND TO PAY THE COST THEREOF FROM THE FUNDS APPROPRIATED TO THE BOARD UNDER THIS ARTICLE, PROVIDED, HOWEVER, THAT TO THE EXTENT IT IS FEASIBLE TO DO SO THE BOARD SHALL CONTRACT WITH THE DEPARTMENT OF AGRICULTURE OR THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR NECESSARY ADMINISTRATIVE SUPPORT. THE BOARD SHALL EXPEND NO MORE THAN FIVE PERCENT OF THE FUNDS ALLOCATED TO THE BOARD PURSUANT TO THIS ARTICLE FOR ADMINISTRATIVE COSTS UNLESS OTHERWISE PROVIDED BY LAW. FOR PURPOSES OF THIS PARAGRAPH (k), ADMINISTRATIVE COSTS SHALL NOT INCLUDE LEGAL EXPENSES INCURRED IN DEFENDING AGRICULTURAL LANDS PRESERVATION EASEMENTS OR THE BOARD'S AUTHORITY UNDER THIS ARTICLE.

(l)  TO PROMULGATE RULES AS ARE NECESSARY OR EXPEDIENT FOR THE CONDUCT OF ITS AFFAIRS AND ITS MEETINGS AND OF MEETINGS OF ANY COMMITTEES AND TO CONDUCT SUCH HEARINGS, EXAMINATIONS, AND INVESTIGATIONS AS MAY BE NECESSARY AND APPROPRIATE TO THE CONDUCT OF ITS OPERATIONS AND THE FULFILMENT OF ITS RESPONSIBILITIES;

(m)  TO PROCURE AND KEEP IN FORCE ADEQUATE INSURANCE OR OTHERWISE PROVIDE FOR THE ADEQUATE PROTECTION OF ITS PROPERTY, AS WELL AS TO INDEMNIFY AND SAVE ITSELF HARMLESS AND ITS OFFICERS, AGENTS, OR EMPLOYEES AGAINST LOSS OR LIABILITY WITH RESPECT TO ANY RISK TO WHICH THE BOARD OR ITS OFFICERS, AGENTS, OR EMPLOYEES MAY BE EXPOSED IN CARRYING OUT THE FUNCTION OF THE FOUNDATION;

(n)  TO PURCHASE, SELL, MANAGE, LEASE, OR RENT SUCH REAL AND PERSONAL PROPERTY FOR USE OF THE BOARD AS DEEMED NECESSARY, CONVENIENT, OR EXPEDIENT;

(o)  TO ACQUIRE BY GIFT OR PURCHASE AGRICULTURAL LAND PRESERVATION EASEMENTS;

(p)   TO SEEK, OBTAIN, AND UTILIZE FEDERAL AND PRIVATE FUNDING FOR THE PURPOSES OF THIS ARTICLE;

(q)  TO MAKE SHORT AND LONG­RANGE PLANS FOR THE PROTECTION AND PRESERVATION OF AGRICULTURAL LANDS;

(r)  TO ENTER ON LANDS AS MAY BE NECESSARY TO PERFORM SURVEYS, APPRAISALS, AND INVESTIGATIONS TO ACCOMPLISH THE PURPOSES OF THIS ARTICLE. THE BOARD AND ITS EMPLOYEES AND AGENTS SHALL MAKE REASONABLE EFFORTS TO OBTAIN THE LANDOWNER'S PERMISSION PRIOR TO ENTERING LANDS.

(s)  TO ACCEPT GRANTS, LOANS, OR GIFTS OF PROPERTY, FUNDS, OR SERVICES FROM ANY PUBLIC OR PRIVATE SOURCE AND TO COMPLY WITH THE TERMS AND CONDITIONS OF ANY AGREEMENTS ENTERED AND RELATED THERETO; AND

(t)  TO RECOVER REASONABLE COSTS FOR ANY SERVICE PROVIDED PURSUANT TO THIS ARTICLE.

(5)  THE BOARD SHALL ADOPT A UNIFORM PROCEDURE FOR ACQUIRING AGRICULTURAL LANDS PRESERVATION EASEMENTS. SUCH PROCEDURE MAY INCLUDE A BIDDING PROCESS OR NEGOTIATION AS PART OF THE PROCESS OF ACQUIRING AGRICULTURAL LANDS PRESERVATION EASEMENTS. THE BOARD SHALL CONDUCT AT LEAST ONE PUBLIC HEARING BEFORE ADOPTING SUCH PROCEDURE. THE BOARD MAY CONDUCT ANY PUBLIC HEARINGS AND ADOPT ANY OTHER RULES NECESSARY TO IMPLEMENT THIS ARTICLE IN THE MANNER PROVIDED BY LAW.

(6)  THE BOARD SHALL BE A POLITICAL SUBDIVISION OF THE STATE, AND SHALL HAVE ALL THE DUTIES, PRIVILEGES, IMMUNITIES, RIGHTS, AND LIABILITIES OF A POLITICAL SUBDIVISION OF THE STATE, EXCEPT THAT ITS ORGANIZATION, POWERS, REVENUES, AND EXPENSES SHALL NOT BE AFFECTED BY ANY ORDER, RESOLUTION, OR STATUTE ADOPTED BY THE GENERAL ASSEMBLY OR ANY CONSTITUTIONAL PROVISION UNLESS EXPLICITLY PROVIDED FOR IN THIS ARTICLE. THE BOARD SHALL NOT BE AN AGENCY OF STATE GOVERNMENT NOR SHALL IT BE SUBJECT TO ADMINISTRATIVE DIRECTION BY ANY DEPARTMENT, COMMISSION, BOARD, BUREAU, OR AGENCY OF THE STATE EXCEPT AS PROVIDED IN THIS ARTICLE.

(7)  AT THE REQUEST OF THE BOARD, THE ATTORNEY GENERAL SHALL PROVIDE LEGAL SERVICES TO THE BOARD.

Section 4.  Colorado agricultural lands preservation fund ­ moneys allocated to the fund ­ expenditures. (1)  THERE IS HEREBY CREATED AND ESTABLISHED THE COLORADO AGRICULTURAL LANDS PRESERVATION FUND IN THE TREASURY OF THE STATE OF COLORADO.

(2)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1, 2000, AN AMOUNT EQUAL TO TWENTY­FIVE MILLION DOLLARS OR TEN PERCENT OF THE GENERAL FUND REVENUES THAT ARE IN EXCESS OF ANY STATE STATUTORY LIMITATION ON GENERAL FUND APPROPRIATIONS OR ANY SUCCESSOR LIMITATION, WHICHEVER IS LESS, SHALL BE SET ASIDE, ALLOCATED, ALLOTTED, AND CONTINUOUSLY APPROPRIATED TO THE COLORADO AGRICULTURAL LANDS PRESERVATION FUND. IN ADDITION, IF THE AMOUNT OF STATE REVENUES FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR EXCEEDED THE LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 (7) (a) OF ARTICLE X OF THIS CONSTITUTION, THEN AN AMOUNT OF SUCH EXCESS REVENUES SHALL BE RETAINED, SET ASIDE, ALLOCATED, ALLOTTED, AND APPROPRIATED TO THE COLORADO AGRICULTURAL LANDS PRESERVATION FUND SO THAT THE TOTAL AMOUNT APPROPRIATED TO SUCH FUND EQUALS BUT DOES NOT EXCEED TWENTY­FIVE MILLION DOLLARS PER STATE FISCAL YEAR. THE AMOUNT OF EXCESS REVENUES TRANSFERRED TO THE COLORADO AGRICULTURAL LANDS PRESERVATION FUND SHALL BE FROM SUCH FUNDS AS DEFINED BY LAW.

(3)  REVENUES OR OTHER MONEYS TRANSFERRED, ALLOCATED, ALLOTTED, APPROPRIATED, RETAINED, EARNED, OR OTHERWISE DEPOSITED IN THE COLORADO AGRICULTURAL LANDS PRESERVATION FUND, INCLUDING ANY INVESTMENT EARNINGS, SHALL CONSTITUTE A VOTER­APPROVED REVENUE CHANGE, AND SUCH REVENUES AND OTHER MONEYS SHALL NOT BE INCLUDED IN EITHER STATE OR LOCAL GOVERNMENT FISCAL YEAR SPENDING FOR PURPOSES OF SECTION 20 OF ARTICLE X OF THIS CONSTITUTION OR ANY OTHER PROVISION OF LAW.

(4)  THE STATE TREASURER SHALL CREDIT ALL INTEREST OR OTHER RETURN ON THE INVESTMENT OF MONEYS IN THE COLORADO AGRICULTURAL LANDS PRESERVATION FUND TO SUCH FUND. ANY MONEYS CREDITED TO THE FUND SHALL REMAIN IN THE FUND IN TRUST FOR THE PURPOSES SET FORTH IN THIS ARTICLE AND ARE CONTINUOUSLY APPROPRIATED TO THE BOARD, AND NO PART THEREOF SHALL BE USED OR APPROPRIATED FOR ANY OTHER PURPOSE NOR MADE SUBJECT TO ANY OTHER TAX, CHARGE, FEE, OR OTHER RESTRICTION.

Section 5.  Expenditure of funds ­ equity formula. (1)  THE COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD SHALL ALLOCATE FOR EXPENDITURE APPROXIMATELY NINETY PERCENT THE STATE GENERAL FUND REVENUES DEDICATED TO THE COLORADO AGRICULTURAL LANDS PRESERVATION FUND PURSUANT TO SECTION 4 OF THIS ARTICLE IN EACH COUNTY IN AN AMOUNT REASONABLY EQUAL TO THE PERCENTAGE OF STATE GENERAL FUND REVENUES RECEIVED FROM SUCH COUNTY, AS AVERAGED OVER THE PREVIOUS FIVE­YEAR PERIOD. SUCH FUNDS SHALL BE SPENT WITHIN FIVE YEARS OF SUCH ALLOCATION. IF THE BOARD DETERMINES THAT NO SUITABLE LAND PURCHASES CAN BE MADE WITHIN A GIVEN COUNTY THAT REASONABLY MEET THE CRITERIA SET FORTH IN SECTION 6 OF THIS ARTICLE AND IF THE BOARD OF COUNTY COMMISSIONERS OF SUCH COUNTY CONSENTS, THE BOARD MAY EXPEND SUCH COUNTY'S SHARE IN AN ADJACENT COUNTY OR IN ANOTHER COUNTY IN WHICH THE CONSENTING COUNTY OWNS LAND. IF A BOARD OF COUNTY COMMISSIONERS DOES NOT CONSENT TO ITS COUNTY SHARE BEING SPENT IN AN ADJACENT COUNTY OR OTHER COUNTY IN WHICH THE COUNTY OWNS LAND, THE BOARD MAY EXPEND SUCH COUNTY'S SHARE ANYWHERE IN COLORADO. THE REMAINING PERCENTAGE OF THE STATE GENERAL FUND RESERVES DEDICATED TO THE FUND MAY BE ALLOCATED FOR EXPENDITURE ANYWHERE IN COLORADO.

(2)  ANY OTHER MONEYS RECEIVED BY THE BOARD OTHER THAN STATE GENERAL FUND REVENUES DEDICATED TO THE COLORADO AGRICULTURAL LANDS PRESERVATION FUND PURSUANT TO SECTION 4 OF THIS ARTICLE SHALL NOT BE SUBJECT TO ANY GEOGRAPHIC EXPENDITURE LIMITATION AND MAY BE USED FOR THE PURPOSES SET FORTH IN THIS ARTICLE ANYWHERE IN COLORADO.

Section 6.  Agricultural lands eligibility criteria. (1)  IN ORDER TO BE CONSIDERED FOR AN AGRICULTURAL LANDS PRESERVATION EASEMENT, A PARCEL OF LAND SHALL MEET THE FOLLOWING CRITERIA:

(a)  THE PARCEL HAS NOT BEEN GRANTED ANY FURTHER DEVELOPMENT RIGHTS SINCE JANUARY 1, 1999.

(b)  AT LEAST NINETY­FIVE PERCENT OF THE PARCEL CONSISTS OF AGRICULTURAL LANDS, AND SUCH LANDS DO NOT CONTAIN ANY BUILDINGS, INCLUDING BUILDINGS RELATED TO AGRICULTURAL PRODUCTION.

(c)  THE REMAINING FIVE PERCENT OR LESS OF THE PARCEL THAT DOES NOT CONSIST OF AGRICULTURAL LANDS CONTAINS ONLY DWELLINGS FOR THE OWNER OF THE LAND OR THE PERMANENT OR SEASONAL FARM LABORERS WHO PROVIDE LABOR FOR AGRICULTURAL PRODUCTION ON THE SUBJECT PARCEL OR AGRICULTURAL OUT­BUILDINGS THAT SERVE THE SUBJECT PARCEL.

(2)  AGRICULTURAL LANDS THAT HAVE HIGH INTENSITY, HIGH IMPACT USES SUCH AS FEEDLOTS, SWINE FARMS, EGG AND CHICKEN PRODUCTION FARMS, GREENHOUSES, OR ANY OTHER SIMILAR HIGH INTENSITY USE IDENTIFIED BY RULE BY THE COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD SHALL NOT BE CONSIDERED FOR AN AGRICULTURAL LANDS PRESERVATION EASEMENT UNDER THIS ARTICLE.

Section 7.  Agricultural use protections.  NOTHING IN THIS ARTICLE SHALL LIMIT CURRENT OR FUTURE PROTECTION OF AGRICULTURAL LANDS.

Section 8.  Acquisition of agricultural lands preservation easements.  THE COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD SHALL HAVE AUTHORITY TO ACQUIRE, MAINTAIN, AND ENFORCE AGRICULTURAL LANDS PRESERVATION EASEMENTS ON AGRICULTURAL LANDS THAT MEET THE CRITERIA FOR ACQUISITION ESTABLISHED IN SECTION 6 OF THIS ARTICLE. THE BOARD MAY USE SUCH METHOD OF PAYMENT FOR AGRICULTURAL LANDS PRESERVATION EASEMENTS AS MAY BE AVAILABLE. THE ACQUISITION OF SUCH AGRICULTURAL LANDS PRESERVATION EASEMENTS SHALL NOT GRANT THE PUBLIC ANY RIGHT OF ACCESS OR RIGHT OF USE OF THE REAL PROPERTY SUBJECT TO SUCH EASEMENT.

Section 9.  Prioritizing the acquisition of agricultural lands preservation easements. (1)  THE COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD SHALL PRIORITIZE ITS PURCHASE OF AGRICULTURAL LANDS PRESERVATION EASEMENTS BY GIVING HIGHEST PRIORITY TO FARMLAND THAT:

(a)  THE BOARD REASONABLY DETERMINES IS MOST LIKELY TO BE LOST AS AGRICULTURAL LAND THROUGH A CHANGE IN ZONING OR APPROVAL OF A SUBDIVISION OR OTHER DEVELOPMENT UNLESS THE BOARD ACQUIRES AN AGRICULTURAL LANDS PRESERVATION EASEMENT ON SUCH AGRICULTURAL LAND; AND

(b)  THE OWNER OF SUCH FARMLAND IS WILLING TO SELL AN AGRICULTURAL LANDS PRESERVATION EASEMENT TO THE BOARD WITHOUT ANY THREAT OF CONDEMNATION OR OTHER USE OF EMINENT DOMAIN POWER.

(2)  TO THE EXTENT THAT ONE OR MORE PARCELS MEET THE CRITERIA IN SUBSECTION (1) OF THIS SECTION, THE BOARD SHALL PRIORITIZE ITS PURCHASES OF AGRICULTURAL LANDS PRESERVATION EASEMENTS USING THE FOLLOWING FACTORS:

(a)  THE BENEFIT OF PRESERVING ADDITIONAL OPEN SPACE THAT IS ADJACENT TO OR CONTIGUOUS WITH OPEN SPACE OR OTHER AGRICULTURAL OR ENVIRONMENTAL RESOURCES THAT ARE ALREADY PRESERVED OR OTHERWISE PROTECTED;

(b)  THE COST OF ACQUIRING THE AGRICULTURAL LANDS PRESERVATION EASEMENT, GIVING DUE CONSIDERATION TO THE OWNER OF THE FARMLAND'S WILLINGNESS TO DISCOUNT THE SALE PRICE OF THE AGRICULTURAL LANDS PRESERVATION EASEMENT BELOW THE APPRAISED VALUE OF SUCH EASEMENT;

(c)  THE VIABILITY AND PRODUCTIVITY OF THE LAND AS AGRICULTURAL LAND; AND

(d)  THE CONSISTENCY OF THE AGRICULTURAL LANDS PRESERVATION EASEMENT WITH THE COUNTY'S OR OTHER LOCALLY APPROVED LAND USE PLAN.

(3)  THE GENERAL ASSEMBLY SHALL NOT ADOPT ADDITIONAL CRITERIA OR OTHERWISE MODIFY, ALTER, INFLUENCE, RESTRICT, EXPAND, REPRIORITIZE, OR AFFECT THE CRITERIA SET FORTH IN THIS SECTION.

Section 10.  Valuation. (1)  THE MAXIMUM VALUE OF ANY AGRICULTURAL LANDS PRESERVATION EASEMENT PURCHASED BY THE COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD SHALL BE THE DIFFERENCE BETWEEN THE FAIR MARKET VALUE OF THE LAND UNDER ITS CURRENT ZONING DESIGNATION AND THE AGRICULTURAL VALUE OF THE LAND. THE FAIR MARKET VALUE OF THE LAND IS THE PRICE AS OF THE DATE OF THE VALUATION FOR THE HIGHEST AND BEST USE OF THE PROPERTY THAT A WILLING SELLER WOULD ACCEPT FOR THE LAND AND THAT A WILLING BUYER WOULD PAY FOR THE PROPERTY IF THE PROPERTY WAS NOT SUBJECT TO ANY RESTRICTION IMPOSED UNDER THIS ARTICLE. THE AGRICULTURAL VALUE OF THE LAND IS THE PRICE AS OF THE VALUATION DATE THAT A WILLING BUYER WOULD PAY FOR THE PROPERTY AS A FARM UNIT TO BE USED FOR AGRICULTURAL PURPOSES. THE VALUE OF THE AGRICULTURAL LANDS PRESERVATION EASEMENT SHALL BE DETERMINED AS OF THE DATE THE BOARD RECEIVES THE APPLICATION FOR CONVEYANCE OF SUCH EASEMENT. THE BOARD SHALL DETERMINE THE VALUE OF SUCH EASEMENT BASED ON AN APPRAISAL BY AN APPRAISER SELECTED BY THE BOARD ON A COMPETITIVE CONTRACTUAL BASIS. THE BOARD SHALL PROVIDE A COPY OF THE APPRAISAL TO THE OWNER OF THE PROPERTY UNDER CONSIDERATION. THE VALUE OF AN AGRICULTURAL LANDS PRESERVATION EASEMENT SHALL BE DETERMINED BY AN APPRAISAL OF THE ENTIRE CONTIGUOUS ACREAGE.

(2)  THE OWNER OF THE PROPERTY MAY, AT THE OWNER'S EXPENSE, HAVE A SEPARATE APPRAISAL CONDUCTED OF THE PROPERTY AND MAY SUBMIT SUCH APPRAISAL TO THE BOARD FOR CONSIDERATION. AT IT'S DISCRETION, THE BOARD MAY ORDER A REAPPRAISAL BY AN APPRAISER SELECTED BY THE BOARD ON A COMPETITIVE CONTRACTUAL BASIS. IN NO EVENT MAY THE BOARD PAY MORE THAN THE APPRAISED VALUE ESTABLISHED BY THE BOARD'S APPRAISAL OR REAPPRAISAL, IF ANY.

(3)  IF THE OWNER OF THE PROPERTY UNDER CONSIDERATION FOR AN AGRICULTURAL LANDS PRESERVATION EASEMENT AND THE BOARD DO NOT AGREE ON THE VALUE OF SUCH EASEMENT AS DETERMINED BY THE BOARD'S APPRAISAL, THE OWNER MAY WITHDRAW THE APPLICATION FOR CONVEYANCE WITHOUT PREJUDICE TO ANY APPLICATION THE OWNER MAY SUBMIT IN THE FUTURE.

Section 11.  Termination of agricultural lands preservation easements. (1)  AN AGRICULTURAL LANDS PRESERVATION EASEMENT MAY BE TERMINATED ONLY IN THE MANNER AND AT THE TIME SPECIFIED IN THIS SECTION.

(2)  AT ANY TIME AFTER TWENTY­FIVE YEARS FROM THE DATE OF ACQUISITION OF AN AGRICULTURAL LANDS PRESERVATION EASEMENT, THE OWNER OF THE LAND SUBJECT TO SUCH EASEMENT MAY REQUEST THAT THE COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD REVIEW THE EASEMENT FOR POSSIBLE TERMINATION. UPON A REQUEST FOR REVIEW OF AN EASEMENT FOR POSSIBLE TERMINATION, THE BOARD SHALL CONDUCT AN INQUIRY TO DETERMINE THE FEASIBILITY OF PROFITABLY FARMING THE SUBJECT LAND. IN DETERMINING WHETHER TO RECOMMEND TERMINATING AN AGRICULTURAL LANDS PRESERVATION EASEMENT, THE COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD SHALL CONDUCT AN ON­SITE INSPECTION OF THE SUBJECT LAND AND SHALL CONDUCT A PUBLIC HEARING WITHIN THE COUNTY CONTAINING THE SUBJECT LAND. THE BOARD SHALL CONCLUDE THE INQUIRY AND MAKE A RECOMMENDATION TO THE GOVERNOR, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY CONTAINING THE SUBJECT LAND, AND THE GOVERNING BODY OF ANY MUNICIPALITY, TOWN, OR CITY AND COUNTY WITHIN THREE MILES OF THE AGRICULTURAL LANDS PRESERVATION EASEMENT WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE REQUEST FOR POSSIBLE TERMINATION IS RECEIVED. IF TWO­THIRDS OF THE MEMBERS OF THE COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD RECOMMEND THAT A REQUEST FOR TERMINATION OF AN AGRICULTURAL LANDS PRESERVATION EASEMENT BE APPROVED, THE GOVERNOR, THE APPROPRIATE BOARD OF COUNTY COMMISSIONERS, AND THE GOVERNING BODIES OF ANY MUNICIPALITY, TOWN, OR CITY AND COUNTY WITHIN THREE MILES OF SUCH EASEMENT SHALL HAVE THIRTY DAYS TO EITHER APPROVE OR DISAPPROVE THE TERMINATION OF THE EASEMENT. AN AGRICULTURAL LANDS PRESERVATION EASEMENT SHALL BE TERMINATED ONLY BY APPROVAL OF THE GOVERNOR ACTING BY EXECUTIVE ORDER, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY CONTAINING THE SUBJECT LAND, AND THE GOVERNING BODIES OF ALL MUNICIPALITIES, TOWNS, AND ANY CITY AND COUNTY WITHIN THREE MILES OF SUCH EASEMENT.

(3)  IF THE REQUEST FOR TERMINATION IS APPROVED AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, THE BOARD SHALL ORDER AN APPRAISAL BY AN APPRAISER SELECTED BY THE BOARD ON A COMPETITIVE CONTRACTUAL BASIS AT THE EXPENSE OF THE OWNER REQUESTING SUCH TERMINATION. WITHIN ONE HUNDRED EIGHTY DAYS FOLLOWING THE COMPLETION OF THE APPRAISAL, THE OWNER MAY REPURCHASE THE EASEMENT BY PAYING THE BOARD THE DIFFERENCE BETWEEN THE FAIR MARKET VALUE AND THE AGRICULTURAL VALUE OF THE SUBJECT LAND, AS DETERMINED BY THE APPRAISAL, BUT IN NO EVENT SHALL THE REPURCHASE PRICE BE LESS THAN THE AMOUNT PAID BY THE BOARD TO ACQUIRE THE AGRICULTURAL LANDS PRESERVATION EASEMENT.

(4)  IF THE REQUEST FOR TERMINATION OF AN AGRICULTURAL LANDS PRESERVATION EASEMENT IS DENIED OR IF THE OWNER FAILS TO REPURCHASE THE EASEMENT WITHIN ONE HUNDRED EIGHTY DAYS OF THE APPRAISAL, THE OWNER MAY NOT MAKE ANOTHER REQUEST FOR TERMINATION OF SUCH EASEMENT FOR AT LEAST FIVE YEARS FOLLOWING THE OWNER'S LAST REQUEST TO TERMINATE SUCH EASEMENT.

Section 12.  Enforcement of restrictions.  THE COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD SHALL BE ENTITLED TO TAKE ACTION IN ANY COURT OF COMPETENT JURISDICTION TO ENFORCE ANY RESTRICTION OR REQUIREMENTS IMPOSED UNDER THIS ARTICLE, DULY ADOPTED RULES, AND BINDING LEGAL INSTRUMENTS. IN ANY SUCH ACTION, THE BOARD SHALL BE ENTITLED TO RECOVER ITS REASONABLE COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, IF THE BOARD PREVAILS.

Section 13.  No condemnation.  NOTHING IN THIS ARTICLE SHALL AUTHORIZE THE COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD OR ANY OTHER EXECUTIVE DEPARTMENT, AGENCY, OR PUBLIC BODY OF THE STATE TO CONDEMN PROPERTY. IN ADDITION, NO MONEYS RECEIVED BY THE BOARD OR ANY EXECUTIVE DEPARTMENT, AGENCY, OR PUBLIC BODY OF THE STATE UNDER THIS ARTICLE SHALL BE USED TO ACQUIRE REAL PROPERTY BY CONDEMNATION THROUGH THE POWER OF EMINENT DOMAIN.

Section 14.  Governmental cooperation.  ALL MUNICIPALITIES, SPECIAL DISTRICTS, COUNTIES, AND ANY OTHER LOCAL GOVERNMENT AND EVERY EXECUTIVE DEPARTMENT, AGENCY, OR PUBLIC BODY OF THE STATE IS HEREBY AUTHORIZED AND EMPOWERED TO COOPERATE WITH, AID, AND ASSIST THE COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD IN EFFECTUATING THIS ARTICLE AND ANY LAWS OR REGULATIONS ENACTED THEREUNDER.

Section 15.  Recording.  THE COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD SHALL FILE ANY INSTRUMENT IN WRITING CONVEYING, ENCUMBERING, OR AFFECTING THE TITLE TO REAL PROPERTY AS OTHERWISE PROVIDED BY LAW.

Section 16.  Tax status.  THE REAL AND PERSONAL PROPERTY OF THE COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD AND ANY ACTIONS OR TRANSACTIONS MADE BY SUCH BOARD SHALL BE EXEMPT FROM TAXATION.

Section 17.  Judicial review.  JUDICIAL PROCEEDINGS TO REVIEW ANY REGULATION OR ACTION OF THE COLORADO AGRICULTURAL LANDS PRESERVATION TRUST BOARD MAY BE BROUGHT AS OTHERWISE PROVIDED BY LAW.

Section 18.  Liberal construction ­ severability. (1)  THIS ARTICLE SHALL BE LIBERALLY CONSTRUED TO EFFECT ITS PURPOSES.

(2)  IF ANY PROVISION OF THIS ARTICLE OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE DECLARED TO BE SEVERABLE.

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF COLORADO, ESTABLISHING AN AGRICULTURAL LANDS PRESERVATION PROGRAM, AND, IN CONNECTION THEREWITH, WEAKENING A STATUTORY SPENDING LIMITATION BY REQUIRING THAT A SPECIFIED AMOUNT OF GENERAL FUND REVENUES THAT ARE IN EXCESS OF THE STATE STATUTORY LIMITATION ON GENERAL FUND APPROPRIATIONS BE APPROPRIATED TO THE COLORADO AGRICULTURAL LANDS PRESERVATION FUND AND REQUIRING THAT EXCESS STATE REVENUES BE RETAINED AND APPROPRIATED TO SUCH FUND SO THAT THE TOTAL AMOUNT APPROPRIATED TO SUCH FUND EQUALS BUT DOES NOT EXCEED TWENTY­FIVE MILLION DOLLARS PER STATE FISCAL YEAR."

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.