First Regular Session
Sixty-second General Assembly
LLS NO. 99-0679.01 Duane Gall SENATE BILL 99-133
STATE OF COLORADO
BY SENATOR Lamborn;
also REPRESENTATIVE McPherson.
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING THE REMEDIES AVAILABLE TO PROPERTY OWNERS FOR
102 VIOLATION OF CONSTITUTIONAL PROPERTY RIGHTS BY
103 GOVERNMENTAL ENTITIES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Allows a prevailing party in a legal proceeding involving a
constitutional property right violation by a governmental entity to recoup
reasonable attorney fees and costs from such entity.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Title 38, Colorado Revised Statutes, is amended BY
3 THE ADDITION OF A NEW ARTICLE to read:
4 ARTICLE 7.5
5 Violation of Property Rights - Remedies
6 38-7.5-101. Legislative declaration - applicability of article.
7 (1) THIS ARTICLE SHALL APPLY TO ANY VIOLATION BY A GOVERNMENTAL
8 ENTITY OF A PROPERTY RIGHT PROTECTED UNDER THE STATE OR FEDERAL
9 CONSTITUTION THROUGH THE EXERCISE OF ANY POWERS INCLUDING, BUT
10 NOT LIMITED TO, EMINENT DOMAIN, RIGHTS-OF-WAY, OR ANY REGULATORY
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 POWER.
2 (2) THE GENERAL ASSEMBLY FINDS, DETERMINES, AND DECLARES
3 THAT, DUE TO ECONOMIC AND OTHER ADVANTAGES TYPICALLY HELD BY A
4 GOVERNMENTAL ENTITY IN A LEGAL CONTROVERSY AGAINST A PRIVATE
5 CITIZEN, IT IS APPROPRIATE TO MAKE AVAILABLE AN AWARD OF ATTORNEY
6 FEES AND COSTS TO A PRIVATE CITIZEN WHO PREVAILS IN SUCH A
7 CONTROVERSY. THE GENERAL ASSEMBLY FURTHER FINDS, DETERMINES,
8 AND DECLARES THAT PROVIDING THIS REMEDY TO PRIVATE CITIZENS BUT
9 NOT TO GOVERNMENTAL ENTITIES RATIONALLY FURTHERS THE STATE'S
10 LEGITIMATE INTEREST IN PROTECTING ITS CITIZENS FROM OVERREACHING
11 AND ABUSE BY GOVERNMENTAL ENTITIES IN INDIVIDUAL CASES.
12 38-7.5-102. Definitions. FOR PURPOSES OF THIS ARTICLE:
13 (1) "GOVERNMENTAL ENTITY" MEANS THE STATE OF COLORADO,
14 STATE AGENCIES, COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL
15 SUBDIVISIONS.
16 38-7.5-103. Attorney fees and costs. A PREVAILING PARTY IN
17 ANY LEGAL PROCEEDING INVOLVING THE VIOLATION BY A GOVERNMENTAL
18 ENTITY OF A PROPERTY RIGHT PROTECTED UNDER THE STATE OR FEDERAL
19 CONSTITUTION RESULTING FROM ANY ACTION OR REGULATION OF SUCH
20 ENTITY IS ENTITLED TO RECOUP REASONABLE ATTORNEY FEES AND COSTS
21 FROM THE GOVERNMENTAL ENTITY.
22 SECTION 2. Effective date - applicability. (1) This act shall
23 take effect September 1, 1999, unless a referendum petition is filed during
24 the ninety-day period after final adjournment of the general assembly that
25 is allowed for submitting a referendum petition pursuant to article V,
26 section 1 (3) of the state constitution. If such a referendum petition is
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1 filed against this act or an item, section, or part of this act within such
2 period, then the act, item, section, or part, if approved by the people, shall
3 take effect on the date of the official declaration of the vote thereon by
4 proclamation of the governor.
5 (2) The provisions of this act shall apply to violations of
6 constitutional property rights by governmental entities on or after the
7 applicable effective date of this act.