(1)The general assembly hereby finds
and declares that:
(a)The power of eminent domain allows the federal government, the state,
counties, cities and counties, municipalities, and various other types of
governmental entities to condemn property when necessary for public use and
allows individual property owners and corporations to condemn property in certain
circumstances when condemnation is necessary to create a private way of
necessity or to allow beneficial use of private property.
(b)Although both the state constitution and state statutes require the
payment of just compensation to any person whose property is condemned, the
exercise of the power of eminent domain nonetheless substantially impacts
fundamental property rights.
(c)Because of this substantial impact, it i
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(1) The general assembly hereby finds
and declares that:
(a) The power of eminent domain allows the federal government, the state,
counties, cities and counties, municipalities, and various other types of
governmental entities to condemn property when necessary for public use and
allows individual property owners and corporations to condemn property in certain
circumstances when condemnation is necessary to create a private way of
necessity or to allow beneficial use of private property.
(b) Although both the state constitution and state statutes require the
payment of just compensation to any person whose property is condemned, the
exercise of the power of eminent domain nonetheless substantially impacts
fundamental property rights.
(c) Because of this substantial impact, it is necessary and appropriate to
ensure that Coloradans can easily determine which governmental entities,
corporations, and other persons may exercise the power of eminent domain and to
further ensure that Coloradans can easily identify the procedural requirements that
entities, corporations, and other persons must follow when exercising the power of
eminent domain.
(2) The general assembly further finds and declares that:
(a) In addition to counties, cities and counties, and municipalities that serve
as general units of government in the state, the governmental structure of the state
includes a wide variety of special districts, authorities, and other governmental
entities that serve limited governmental purposes, some of which may exercise the
power of eminent domain.
(b) Although many of the provisions of state law that authorize governmental
entities, individuals, and corporations to exercise the power of eminent domain and
prescribe procedures that govern the exercise of that power are concentrated in
this article and in articles 2 to 7 of this title, the proliferation throughout the history
of the state of special districts, authorities, and other governmental entities that
serve limited governmental purposes, together with other historical factors that
have necessitated grants of eminent domain powers to certain types of
corporations and persons, have resulted in the codification in other parts of the
Colorado Revised Statutes of many other provisions that authorize the exercise of
the power of eminent domain.
(c) The codification of provisions of state law that authorize eminent domain
in parts of the Colorado Revised Statutes other than this article and articles 2 to 7
of this title makes it difficult in many cases for Coloradans to easily determine, with
respect to any given governmental entity, corporation, or person:
(I) Whether the governmental entity, corporation, or person may exercise the
power of eminent domain; and
(II) The procedural requirements that the governmental entity, corporation,
or person must comply with in order to exercise the power of eminent domain.
(d) In order to help Coloradans to more easily determine whether any given
governmental entity, corporation, or person may exercise the power of eminent
domain and identify the procedural requirements that the entity, corporation, or
person must follow in exercising the power of eminent domain, it is necessary,
appropriate, and in the best interests of the state to list in this part 2 all of the
governmental entities, corporations, and persons that may exercise the power of
eminent domain pursuant to provisions of state law and to clarify that the
procedural requirements specified in this article and articles 2 to 7 of this title
apply to all eminent domain proceedings.
(e) In enacting this part 2, it is not the intent of the general assembly to:
(I) Repeal, limit, or otherwise modify the authority of any governmental
entity, corporation, or person to exercise the power of eminent domain;
(II) Grant new eminent domain authority to any governmental entity,
individual, or corporation; or
(III) Infringe upon the home rule power of any home rule municipality or
county.