HB1107 LEGISLATIVE ALERT

(Johnson, Lamborn)

Status: House AG Committee

Audubon Position: OPPOSE!

This is a "takings" bill introduced by Rep. Steve Johnson (R-District 49)

and is basically a rehash of a similar bill introduced by him in last

year's session.  In general, "takings' bills are efforts to make the larger

community financially liable for "financial damages" perceived to have been

suffered by property owners when a desired use of their property is not

permitted due to existing regulations.  To date, virtually no takings bills

have passed in Colorado.  The courts have defined a "takings" as when a

property owner was denied "reasonable economic" use of their property.

Unfortunately the property rights folks are trying to redefine "takings" as

meaning that they weren't able to maximize the financial use of their

property because of regulatory restrictions imposed for the sake of the

greater public good.

Your telephone calls are needed no later than Monday (01/21/02) to members

of the House Agriculture, Livestock, and Natural Resources Committee.  The

members of that committee may be contacted, as follows:

             MEMBER'S                        CAPITOL          HOME

               NAME           D/R  DIST.      PHONE           PHONE

  Chairman:  Dianne Hoppe      R    65     303-866-3706    970-522-3237

Vice-Chair:  Kay L. Alexander  R    58     303-866-2955    970-249-5862

    Member:  Mary Hodge        D    36     303-866-2912    303-659-3298

    Member:  Bryan Jameson     D    52     303-866-4569    970-581-6941

    Member:  Steve Johnson     R    49     303-866-2907    970-223-8045

    Member:  Carl Miller       D    61     303-866-2952    719-486-0636

    Member:  Tom Plant         D    13     303-866-2938    303-258-7459

    Member:  Gregg P. Rippy    R    57     303-866-2945    970-945-7731

    Member:  Jim Snook         R    60     303-866-2963    719-589-2608

    Member:  Lois Tochtrop     D    34     303-866-2931    303-469-9217

HB1107 BACKGROUND INFORMATION:

                       AUDUBON OF COLORADO

RESPECTFULLY OPPOSES HB1107: PROTECTION AGAINST REGULATORY IMPAIRMENTS

HB1107 provides a cause of action against the state of Colorado, its

agencies, its citizen boards, commissions, councils, and institutions of

higher education, as well as all local governments, for any regulatory

action, which burdens a private interest in property. HB1107 expressly and

explicitly applies where no court would find that a taking of property had

occurred.

Currently the law does not require the citizens of Colorado, through their

elected governments, to pay for every cost associated with complying with

measures implemented to protect the health, safety, welfare and property

rights of neighboring property owners.

· HB1107 GOES FAR BEYOND EXISTING STATUTORY OR CONSTITUTIONAL   

  PROTECTIONS AGAINST THE TAKING OF PRIVATE PROPERTY.

  HB1107 proposes to protect private interests in property from “restrictions"

  and "limits" which may not clearly amount to a takings as that term is

  currently construed under the Colorado or United States Constitution"

  [ 29-20-201 (c) ]

· HB1107 IS NOT BALANCED

  Existing property law and the court decisions interpreting it require a

  balance between the rights of the individual and the rights of the

  community. HB1107 looks only at the effects of regulations on the

  regulated and does not consider the needs of the community

· A PROPERTY RIGHT IS NOT AN ABSOLUTE RIGHT

  Property owners have never been allowed to use their property in a way,

  which injures others. HB1107 would change this central tenet of property

  law.

  When we require environmental controls, there is a cost to the property

  owner. The absence of the controls is a cost to everyone else.

· HB1107 IS TOO EXPENSIVE

  We either do not regulate or pay for the consequences or do regulate and

  pay for the privilege.