§ 36-1-120.5 — Land subject to development - leases

Colorado § 36-1-120.5

• Jurisdiction: Colorado
• Title 36: Natural
• Art.: State Board of Land Commissioners

Text

(1) The general assembly
hereby finds and declares that some of the public lands under the direction, control,
and disposition of the state board of land commissioners are within the path of
impending development and therefore are of unique economic value to the state for
the funding of public schools. The general assembly recognizes that the state
board of land commissioners needs flexibility to manage such lands so as to comply
with the requirements of sections 9 and 10 of article IX of the state constitution, to
prevent undue speculation by others on public lands under the control of the state
board of land commissioners, and to protect the public's interest in such lands.

(2) Any lease of public lands under the control of the state board of land
commissioners when such land is subject to development shall be in accordance
with the provisions of this section. For purposes of this section, land subject to
development means land which, because of its location or other characteristics, is
determined by the state board of land commissioners to be suitable for commercial,
industrial, or residential uses.

(3) The lessee of lands subject to development shall meet all federal, state,
and local land use regulations, and the terms of a lease shall encourage the lessee
to obtain the maximum economic recovery from the development of such lands.
Local land use and other applicable local regulations shall not be applied in a
discriminatory manner to public lands under the control of the state board of land
commissioners.

(4) Any local land use regulation or other local regulation to the contrary
notwithstanding, the appropriation and development of water associated with
public lands under the control of the state board of land commissioners shall be
pursuant solely to applicable laws of the state and the federal government.

(5) In addition to any other payments made by the lessee to the state, the
lessee shall pay to all affected governmental entities an amount equal to the
amount which would be owed for property taxes if the real property involved were
privately owned. This amount shall be based on what the valuation for assessment
of the underlying land would be if it were privately owned. These payments in lieu
of taxes shall be made at the same time and in the same manner as real property
taxes. If a lease commences or ends at other than the beginning of the calendar
year, the payment in lieu of taxes shall be prorated for the year involved. Nothing in
this section shall affect the authority of government entities to levy and collect
property taxes upon privately owned improvements located upon public lands
under the control of the state board of land commissioners.

(6) Until the state board of land commissioners leases for development
purposes state lands under its control, no land used for agricultural purposes,
grazing, forestry, mining, oil and gas production or exploration, or other similar uses
shall be considered land subject to development; except that nothing in this
subsection (6) shall be construed to limit the authority of the state board of land
commissioners to impose conditions upon the lease of public lands under its
direction and control, subject to all other requirements of law.

Legislative History

Source: L. 87: Entire section added, p. 1291, � 1, effective May 25. L. 97: (1) amended, p. 841, � 16, effective May 21.