Colorado 2025 Regular Session

Colorado House Bill HB1334 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-1064.01 Nicole Myers x4326
8	8	HOUSE BILL 25-1334
9	9	House Committees Senate Committees
10	10	Transportation, Housing & Local Government
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING A MODIFICATION OF THE "SPECIAL DISTRICT ACT" TO101
14	14	CLARIFY THE CONDEMNATION AUTHORITY GRANTED TO102
15	15	CERTAIN SPECIAL DISTRICTS.103
16	16	Bill Summary
17	17	(Note: This summary applies to this bill as introduced and does
18	18	not reflect any amendments that may be subsequently adopted. If this bill
19	19	passes third reading in the house of introduction, a bill summary that
20	20	applies to the reengrossed version of this bill will be available at
21	21	http://leg.colorado.gov
22	22	.)
23	23	Currently, the "Special District Act" (act) grants metropolitan
24	24	districts and water and sanitation districts the power to have and exercise
25	25	the powers of eminent domain and dominant eminent domain, but does
26	26	not define these powers. The bill specifies that the powers of eminent
27	27	domain and dominant eminent domain granted to metropolitan districts
28	28	HOUSE SPONSORSHIP
29	29	Bacon,
30	30	SENATE SPONSORSHIP
31	31	(None),
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. and water and sanitation districts in the act do not authorize the exercise
35	35	of the power of dominant eminent domain to acquire state-owned
36	36	property or the property of a home rule city, town, city and county, or
37	37	county.
38	38	Be it enacted by the General Assembly of the State of Colorado:1
39	39	SECTION 1. Legislative declaration. (1) The general assembly2
40	40	hereby finds and declares that: 3
41	41	(a) During the 1981 legislative session, the general assembly4
42	42	enacted House Bill 81-1320, which repealed and reenacted the "Special5
43	43	District Act", effective July 1, 1981. In repealing and reenacting the6
44	44	"Special District Act", the general assembly granted metropolitan districts7
45	45	and water and sanitation districts the power to have and exercise the8
46	46	powers of eminent domain and dominant eminent domain as specified in9
47	47	sections 32-1-1004 (4) and 32-1-1006 (1)(f), Colorado Revised Statutes; 10
48	48	(b) The "Special District Act" as originally enacted and amended11
49	49	did not define the meaning of the power of dominant eminent domain;12
50	50	(c) In granting the powers of eminent domain and dominant13
51	51	eminent domain, it was not the general assembly's intent to grant to14
52	52	metropolitan districts and water and sanitation districts the power to15
53	53	acquire through condemnation, through the exercise of the power of16
54	54	dominant eminent domain, state-owned property or the property of home17
55	55	rule municipal political subdivisions of the state that are established18
56	56	pursuant to article XX of the state constitution; and19
57	57	(d) In Town of Parker v. Colorado Division of Parks & Outdoor20
58	58	Recreation, 860 P.2d 584 (Colo. App. 1993), the Colorado court of21
59	59	appeals correctly concluded that the power of dominant eminent domain22
60	60	under section 32-1-1006, Colorado Revised Statutes, does not authorize23
61	61	HB25-1334-2- the condemnation of state-owned property.1
62	62	(2) The general assembly further finds and declares that it is2
63	63	necessary to clarify its original intent in granting the power of dominant3
64	64	eminent domain to metropolitan districts and water and sanitation districts4
65	65	through an amendment expressing the general assembly's intent that the5
66	66	power of dominant eminent domain may not be exercised to condemn6
67	67	state-owned property or the property of home rule municipal political7
68	68	subdivisions of the state that are created under article XX of the state8
69	69	constitution and home rule counties created under section 16 of article9
70	70	XIV of the state constitution.10
71	71	SECTION 2. In Colorado Revised Statutes, 32-1-1004, amend11
72	72	(4) as follows:12
73	73	32-1-1004. Metropolitan districts - additional powers and13
74	74	duties. (4) (a) E
75	75	XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) 14
76	76	OF THIS SECTION, a metropolitan district may have and exercise the power
77	77	15
78	78	POWERS of eminent domain and dominant eminent domain and, in the16
79	79	manner provided by article 1 of title 38, may take any property necessary17
80	80	to the exercise of the powers granted, both within and without the special18
81	81	district, only for the purposes of fire protection, sanitation, street19
82	82	improvements, television relay and translator facilities, water, or water20
83	83	and sanitation, except for the acquisition of water rights, and, within the21
84	84	boundaries of the district, if the district is providing park and recreation22
85	85	services, only for the purpose of easements and rights-of-way for access23
86	86	to park and recreational facilities operated by the special district and only24
87	87	where no other access to such facilities exists or can be acquired by other25
88	88	means. A metropolitan district shall not exercise its power of dominant26
89	89	eminent domain within a municipality or the unincorporated area of a27
90	90	HB25-1334
91	91	-3- county, other than within the boundaries of the jurisdiction that approved1
92	92	its service plan, without a written resolution approving the exercise of2
93	93	dominant eminent domain by the governing body of the municipality in3
94	94	connection with property that is located within an incorporated area or by4
95	95	the board of county commissioners of the county in connection with5
96	96	property that is located within an unincorporated area.6
97	97	(b) A
98	98	DISTRICT SHALL NOT EXERCISE THE POWER OF DOMINANT7
99	99	EMINENT DOMAIN TO ACQUIRE PROPERTY OF THE STATE OR OF A HOME8
100	100	RULE CITY, TOWN, OR CITY AND COUNTY ESTABLISHED UNDER ARTICLE XX9
101	101	OF THE STATE CONSTITUTION OR OF A HOME RULE COUNTY ESTABLISHED10
102	102	UNDER SECTION 16 OF ARTICLE XIV OF THE STATE CONSTITUTION; EXCEPT11
103	103	THAT THIS SUBSECTION (4)(b) DOES NOT CREATE, ELIMINATE, MODIFY, OR12
104	104	OTHERWISE IMPAIR RIGHTS OR LIABILITIES THAT ARE VESTED ON THE13
105	105	EFFECTIVE DATE OF THIS SUBSECTION (4)(b) OR CREATE NEW OBLIGATIONS14
106	106	OR ATTACH NEW DISABILITIES WITH RESPECT TO PAST TRANSACTIONS .15
107	107	SECTION 3. In Colorado Revised Statutes, 32-1-1006, amend16
108	108	(1)(f) as follows:17
109	109	32-1-1006. Sanitation, water and sanitation, or water districts18
110	110	- additional powers - special provisions. (1) In addition to the powers19
111	111	specified in section 32-1-1001, the board of any sanitation, water and20
112	112	sanitation, or water district has the following powers for and on behalf of21
113	113	such district:22
114	114	(f) (I) E
115	115	XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1)(f)(II)23
116	116	OF THIS SECTION, to have and exercise the power
117	117	POWERS of eminent24
118	118	domain and dominant eminent domain and, in the manner provided by25
119	119	article 1 of title 38, C.R.S., to take any property necessary to the exercise26
120	120	of the powers granted, both within and without the special district, except27
121	121	HB25-1334
122	122	-4- for the acquisition of water rights.1
123	123	(II) A
124	124	DISTRICT SHALL NOT EXERCISE THE POWER OF DOMINANT2
125	125	EMINENT DOMAIN TO ACQUIRE PROPERTY OF THE STATE OR OF A HOME3
126	126	RULE CITY OR TOWN, OR CITY AND COUNTY ESTABLISHED UNDER ARTICLE4
127	127	XX
128	128	OF THE STATE CONSTITUTION OR A HOME RULE COUNTY CREATED5
129	129	UNDER SECTION 16 OF ARTICLE XIV OF THE STATE CONSTITUTION; EXCEPT6
130	130	THAT THIS SUBSECTION (1)(f)(II) SHALL NOT CREATE, ELIMINATE, MODIFY,7
131	131	OR OTHERWISE IMPAIR RIGHTS OR LIABILITIES THAT ARE VESTED ON THE8
132	132	EFFECTIVE DATE OF THIS SUBSECTION (1)(f)(II), OR CREATE NEW9
133	133	OBLIGATIONS OR ATTACH NEW DISABILITIES WITH RESPECT TO PAST10
134	134	TRANSACTIONS.11
135	135	SECTION 4. Safety clause. The general assembly finds,12
136	136	determines, and declares that this act is necessary for the immediate13
137	137	preservation of the public peace, health, or safety or for appropriations for14
138	138	the support and maintenance of the departments of the state and state15
139	139	institutions.16
140	140	HB25-1334
141	141	-5-