The Telluride Amendment

[Following is the “Telluride Amendment” to Colorado House Bill 1203, pages 1, 8-11, as downloaded from the Colorado Congressional website. The bill’s amendment specifically prohibits towns from condemning land extraterritorially for open space. The Amendment drew fierce debate in Congress, but eventually passed by one vote in the Senate. On June 4, 2004, Gov. Bill Owens signed the bill with this amendment into law. On the same day, the San Miguel Valley Corporation filed a court motion seeking a declaratory judgment dismissing Telluride’s condemnation proceedings. Since then, a District judge ruled that the Colorado General Assembly and its H.B. 1203 could not prevent the town from condemning land outside its borders as open space: “There is simply no authority for the proposition that the General Assembly may regulate, much less prohibit, a home rule municipality’s constitutional eminent domain powers.” N.B. Sections 1-5 of H.B. 1203 do not relate to the Telluride Valley Floor case and have been omitted.]

Capital letters indicate new material added to existing statutes.

HOUSE BILL 04-1203

BY REPRESENTATIVE(S) Mitchell, May M., Schultheis, Carroll, Cloer, Harvey, Hoppe, Lundberg, McFadyen, Miller, Spradley, Young, Brophy, Cadman, Fairbank, Hall, Hefley, Jahn, Lee, Rhodes, Spence, Stafford, Welker, Crane, and Williams T.; also SENATOR(S) Hillman, Anderson, Johnson S., Andrews, Cairns, Chlouber, Evans, Lamborn, May R., McElhany, and Teck.

CONCERNING LIMITATIONS ON THE POWER OF GOVERNMENTAL ENTITIES TO RESTRICT THE RIGHTS OF PROPERTY OWNERS.

Be it enacted by the General Assembly of the State of Colorado

SECTION 6. 38-1-101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

38-1-101. Compensation - commission - jury - court – prohibition on elimination of nonconforming uses or nonconforming property design by amortization. (4) (a) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:

(I) THE ACQUISITION BY CONDEMNATION BY A HOME RULE OR STATUTORY MUNICIPALITY OF PROPERTY OUTSIDE OF ITS TERRITORIAL BOUNDARIES INVOLVES MATTERS OF BOTH STATEWIDE AND LOCAL CONCERN BECAUSE SUCH ACQUISITION BY CONDEMNATION MAY INTERFERE WITH THE PLANS AND OPERATIONS OF OTHER LOCAL GOVERNMENTS AND OF THE STATE.

(II) IN ORDER THAT EACH LOCAL GOVERNMENT AND THE STATE ENJOY THE GREATEST FLEXIBILITY WITH RESPECT TO THE PLANNING AND DEVELOPMENT OF LAND WITHIN ITS TERRITORIAL BOUNDARIES, IT IS NECESSARY THAT THE POWERS OF A HOME RULE OR STATUTORY MUNICIPALITY TO ACQUIRE BY CONDEMNATION PROPERTY OUTSIDE OF ITS TERRITORIAL BOUNDARIES BE LIMITED TO THE NARROWEST EXTENT PERMITTED BY ARTICLE XX OF THE STATE CONSTITUTION. [legislation] The Telluride Amendment 168

(b) (I) EFFECTIVE JANUARY 1, 2004, NO HOME RULE OR STATUTORY MUNICIPALITY SHALL EITHER ACQUIRE BY CONDEMNATION PROPERTY LOCATED OUTSIDE OF ITS TERRITORIAL BOUNDARIES NOR PROVIDE ANY FUNDING, IN WHOLE OR IN PART, FOR THE ACQUISITION BY CONDEMNATION BY ANY OTHER PUBLIC OR PRIVATE PARTY OF PROPERTY LOCATED OUTSIDE OF ITS TERRITORIAL BOUNDARIES; EXCEPT THAT THE REQUIREMENTS OF THIS PARAGRAPH (b) SHALL NOT APPLY TO CONDEMNATION FOR WATER WORKS, LIGHT PLANTS, POWER PLANTS, TRANSPORTATION SYSTEMS, HEATING PLANTS, ANY OTHER PUBLIC UTILITIES OR PUBLIC WORKS, OR FOR ANY PURPOSES NECESSARY FOR SUCH USES.

(II) EFFECTIVE JANUARY 1, 2004, NO HOME RULE OR STATUTORY MUNICIPALITY SHALL EITHER ACQUIRE BY CONDEMNATION PROPERTY LOCATED OUTSIDE OF ITS TERRITORIAL BOUNDARIES FOR THE PURPOSE OF PARKS, RECREATION, OPEN SPACE, CONSERVATION, PRESERVATION OF VIEWS OR SCENIC VISTAS, OR FOR SIMILAR PURPOSES, NOR PROVIDE ANY FUNDING, IN WHOLE OR IN PART, FOR THE ACQUISITION BY CONDEMNATION BY ANY OTHER PRIVATE OR PUBLIC PARTY OF PROPERTY LOCATED OUTSIDE OF ITS TERRITORIAL BOUNDARIES FOR THE PURPOSE OF PARKS, RECREATION, OPEN SPACE, CONSERVATION, PRESERVATION OF VIEWS OR SCENIC VISTAS, OR FOR SIMILAR PURPOSES EXCEPT WHERE THE MUNICIPALITY HAS OBTAINED THE CONSENT OF BOTH THE OWNER OF THE PROPERTY TO BE ACQUIRED BY CONDEMNATION AND THE GOVERNING BODY OF THE LOCAL GOVERNMENT IN WHICH TERRITORIAL BOUNDARIES THE PROPERTY IS LOCATED.

(c) EFFECTIVE JANUARY 1, 2004, THE PROVISIONS OF THIS SUBSECTION (4) SHALL SUPERSEDE ANY INCONSISTENT STATUTORY PROVISIONS WHETHER CONTAINED IN THIS TITLE OR ANY OTHER TITLE OF THE COLORADO REVISED STATUTES.

SECTION 7. Effective date - applicability. (1) Except as otherwise provided in subsection (2) or (3) of this section, this act shall apply to any property for which a blight determination is made on or after sixty days following the effective date of this act.

(2) The provisions of section 31-25-105.5 (4), Colorado Revised Statutes, in section 1 of this act shall apply to any property for which a condemnation proceeding is commenced on or after the effective date of this act.

(3) The provisions of section 38-1-101 (4) (b) and (4) (c), Colorado Revised Statutes, in section 6 of this act shall take effect January 1, 2004.

SECTION 8. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

SECTION 9. 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.