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CO HB1066

Bill

Status

Introduced

1/19/2011

Primary Sponsor

Wes McKinley

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary1/19/2011

Full Bill Text

No bill text available