First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-1064.01 Nicole Myers x4326
HOUSE BILL 25-1334
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING A MODIFICATION OF THE "SPECIAL DISTRICT ACT" TO101
CLARIFY THE CONDEMNATION AUTHORITY GRANTED TO102
CERTAIN SPECIAL DISTRICTS.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Currently, the "Special District Act" (act) grants metropolitan
districts and water and sanitation districts the power to have and exercise
the powers of eminent domain and dominant eminent domain, but does
not define these powers. The bill specifies that the powers of eminent
domain and dominant eminent domain granted to metropolitan districts
HOUSE SPONSORSHIP
Bacon,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. and water and sanitation districts in the act do not authorize the exercise
of the power of dominant eminent domain to acquire state-owned
property or the property of a home rule city, town, city and county, or
county.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds and declares that: 3
(a) During the 1981 legislative session, the general assembly4
enacted House Bill 81-1320, which repealed and reenacted the "Special5
District Act", effective July 1, 1981. In repealing and reenacting the6
"Special District Act", the general assembly granted metropolitan districts7
and water and sanitation districts the power to have and exercise the8
powers of eminent domain and dominant eminent domain as specified in9
sections 32-1-1004 (4) and 32-1-1006 (1)(f), Colorado Revised Statutes; 10
(b) The "Special District Act" as originally enacted and amended11
did not define the meaning of the power of dominant eminent domain;12
(c) In granting the powers of eminent domain and dominant13
eminent domain, it was not the general assembly's intent to grant to14
metropolitan districts and water and sanitation districts the power to15
acquire through condemnation, through the exercise of the power of16
dominant eminent domain, state-owned property or the property of home17
rule municipal political subdivisions of the state that are established18
pursuant to article XX of the state constitution; and19
(d) In Town of Parker v. Colorado Division of Parks & Outdoor20
Recreation, 860 P.2d 584 (Colo. App. 1993), the Colorado court of21
appeals correctly concluded that the power of dominant eminent domain22
under section 32-1-1006, Colorado Revised Statutes, does not authorize23
HB25-1334-2- the condemnation of state-owned property.1
(2) The general assembly further finds and declares that it is2
necessary to clarify its original intent in granting the power of dominant3
eminent domain to metropolitan districts and water and sanitation districts4
through an amendment expressing the general assembly's intent that the5
power of dominant eminent domain may not be exercised to condemn6
state-owned property or the property of home rule municipal political7
subdivisions of the state that are created under article XX of the state8
constitution and home rule counties created under section 16 of article9
XIV of the state constitution.10
SECTION 2. In Colorado Revised Statutes, 32-1-1004, amend11
(4) as follows:12
32-1-1004. Metropolitan districts - additional powers and13
duties. (4) (a) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) 14
OF THIS SECTION, a metropolitan district may have and exercise the power
15
POWERS of eminent domain and dominant eminent domain and, in the16
manner provided by article 1 of title 38, may take any property necessary17
to the exercise of the powers granted, both within and without the special18
district, only for the purposes of fire protection, sanitation, street19
improvements, television relay and translator facilities, water, or water20
and sanitation, except for the acquisition of water rights, and, within the21
boundaries of the district, if the district is providing park and recreation22
services, only for the purpose of easements and rights-of-way for access23
to park and recreational facilities operated by the special district and only24
where no other access to such facilities exists or can be acquired by other25
means. A metropolitan district shall not exercise its power of dominant26
eminent domain within a municipality or the unincorporated area of a27
HB25-1334
-3- county, other than within the boundaries of the jurisdiction that approved1
its service plan, without a written resolution approving the exercise of2
dominant eminent domain by the governing body of the municipality in3
connection with property that is located within an incorporated area or by4
the board of county commissioners of the county in connection with5
property that is located within an unincorporated area.6
(b) A
DISTRICT SHALL NOT EXERCISE THE POWER OF DOMINANT7
EMINENT DOMAIN TO ACQUIRE PROPERTY OF THE STATE OR OF A HOME8
RULE CITY, TOWN, OR CITY AND COUNTY ESTABLISHED UNDER ARTICLE XX9
OF THE STATE CONSTITUTION OR OF A HOME RULE COUNTY ESTABLISHED10
UNDER SECTION 16 OF ARTICLE XIV OF THE STATE CONSTITUTION; EXCEPT11
THAT THIS SUBSECTION (4)(b) DOES NOT CREATE, ELIMINATE, MODIFY, OR12
OTHERWISE IMPAIR RIGHTS OR LIABILITIES THAT ARE VESTED ON THE13
EFFECTIVE DATE OF THIS SUBSECTION (4)(b) OR CREATE NEW OBLIGATIONS14
OR ATTACH NEW DISABILITIES WITH RESPECT TO PAST TRANSACTIONS .15
SECTION 3. In Colorado Revised Statutes, 32-1-1006, amend16
(1)(f) as follows:17
32-1-1006. Sanitation, water and sanitation, or water districts18
- additional powers - special provisions. (1) In addition to the powers19
specified in section 32-1-1001, the board of any sanitation, water and20
sanitation, or water district has the following powers for and on behalf of21
such district:22
(f) (I) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1)(f)(II)23
OF THIS SECTION, to have and exercise the power
POWERS of eminent24
domain and dominant eminent domain and, in the manner provided by25
article 1 of title 38, C.R.S., to take any property necessary to the exercise26
of the powers granted, both within and without the special district, except27
HB25-1334
-4- for the acquisition of water rights.1
(II) A
DISTRICT SHALL NOT EXERCISE THE POWER OF DOMINANT2
EMINENT DOMAIN TO ACQUIRE PROPERTY OF THE STATE OR OF A HOME3
RULE CITY OR TOWN, OR CITY AND COUNTY ESTABLISHED UNDER ARTICLE4
XX
OF THE STATE CONSTITUTION OR A HOME RULE COUNTY CREATED5
UNDER SECTION 16 OF ARTICLE XIV OF THE STATE CONSTITUTION; EXCEPT6
THAT THIS SUBSECTION (1)(f)(II) SHALL NOT CREATE, ELIMINATE, MODIFY,7
OR OTHERWISE IMPAIR RIGHTS OR LIABILITIES THAT ARE VESTED ON THE8
EFFECTIVE DATE OF THIS SUBSECTION (1)(f)(II), OR CREATE NEW9
OBLIGATIONS OR ATTACH NEW DISABILITIES WITH RESPECT TO PAST10
TRANSACTIONS.11
SECTION 4. Safety clause. The general assembly finds,12
determines, and declares that this act is necessary for the immediate13
preservation of the public peace, health, or safety or for appropriations for14
the support and maintenance of the departments of the state and state15
institutions.16
HB25-1334
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