Colorado § 24-68-105 Subsequent regulation prohibited - exceptions

Colorado Statutes

§ 24-68-105 — Subsequent regulation prohibited - exceptions

Colorado·Title 24 Government·Art. Vested Property Rights

(1)A vested property right, once established as provided in this article, precludes any zoning or land use action by a local government or pursuant to an initiated measure which would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of the property as set forth in a site specific development plan, except:

(a)With the consent of the affected landowner;

(b)Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of site specific development plan approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare; or

(c)To the extent that the affected l

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(1) A vested
property right, once established as provided in this article, precludes any zoning or
land use action by a local government or pursuant to an initiated measure which
would alter, impair, prevent, diminish, impose a moratorium on development, or
otherwise delay the development or use of the property as set forth in a site
specific development plan, except:

(a) With the consent of the affected landowner;

(b) Upon the discovery of natural or man-made hazards on or in the
immediate vicinity of the subject property, which hazards could not reasonably have
been discovered at the time of site specific development plan approval, and which
hazards, if uncorrected, would pose a serious threat to the public health, safety, and
welfare; or

(c) To the extent that the affected landowner receives just compensation for
all costs, expenses, and liabilities incurred by the landowner after approval by the
governmental entity, including, but not limited to, costs incurred in preparing the
site for development consistent with the site specific development plan, all fees
paid in consideration of financing, and all architectural, planning, marketing, legal,
and other consultants' fees, together with interest thereon at the legal rate until
paid. Just compensation shall not include any diminution in the value of the property
which is caused by such action.

(2) The establishment of a vested property right shall not preclude the
application of ordinances or regulations which are general in nature and are
applicable to all property subject to land use regulation by a local government,
including, but not limited to, building, fire, plumbing, electrical, and mechanical
codes.

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