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CO HB1066
Bill
Status
1/19/2011
Primary Sponsor
Wes McKinley
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AI Summary
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Amends Colorado law to explicitly require governmental entities to provide property owners with procedural due process, including notice and opportunity to be heard, before taking private property for public or private use.
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Prohibits governmental condemnation or eminent domain over livestock, airspace (between ground level and 500 feet above property surface), and seepage water used for irrigation for 25+ years without affording property owners reasonable notice and opportunity to be heard.
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Allows exceptions for aircraft ordinarily used for emergency purposes (search and rescue), infrastructure maintenance (oil and gas pipelines), and routine agricultural purposes (crop dusting) in the airspace restriction.
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Reinforces existing statutory requirements that persons authorized to take property must follow applicable court procedures established in Colorado Revised Statutes Title 38, Part 1, Article 1.
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Becomes effective 90 days after final adjournment of the 2011 legislative session (August 10, 2011), unless subject to referendum petition filed by voters.
Legislative Description
Due Process Prior To Gov Taking
Last Action
House Committee on Judiciary Postpone Indefinitely
2/17/2011