A Bill for an Act
Page 1, Line 101Concerning a modification of the "Special District Act" to
Page 1, Line 102clarify the condemnation authority granted to
Page 1, Line 103certain special districts.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Currently, the "Special District Act" (act) grants metropolitan districts and water and sanitation districts the power to have and exercise the powers of eminent domain and dominant eminent domain, but does not define these powers. The bill specifies that the powers of eminent domain and dominant eminent domain granted to metropolitan districts and water and sanitation districts in the act do not authorize the exercise of the power of dominant eminent domain to acquire state-owned property or the property of a home rule city, town, city and county, or county.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly hereby finds and declares that:
Page 2, Line 3(a) During the 1981 legislative session, the general assembly
Page 2, Line 4enacted House Bill 81-1320, which repealed and reenacted the "Special
Page 2, Line 5District Act", effective July 1, 1981. In repealing and reenacting the
Page 2, Line 6"Special District Act", the general assembly granted metropolitan districts
Page 2, Line 7and water and sanitation districts the power to have and exercise the
Page 2, Line 8powers of eminent domain and dominant eminent domain as specified in sections 32-1-1004 (4) and 32-1-1006 (1)(f), Colorado Revised Statutes;
Page 2, Line 9(b) The "Special District Act" as originally enacted and amended did not define the meaning of the power of dominant eminent domain;
Page 2, Line 10(c) In granting the powers of eminent domain and dominant
Page 2, Line 11eminent domain, it was not the general assembly's intent to grant to
Page 2, Line 12metropolitan districts and water and sanitation districts the power to
Page 2, Line 13acquire through condemnation, through the exercise of the power of
Page 2, Line 14dominant eminent domain, state-owned property or the property of home
Page 2, Line 15rule municipal political subdivisions of the state that are established pursuant to article XX of the state constitution; and
Page 2, Line 16(d) In Town of Parker v. Colorado Division of Parks & Outdoor
Page 2, Line 17Recreation, 860 P.2d 584 (Colo. App. 1993), the Colorado court of
Page 2, Line 18appeals correctly concluded that the power of dominant eminent domain
Page 2, Line 19under section 32-1-1006, Colorado Revised Statutes, does not authorize the condemnation of state-owned property.
Page 3, Line 1(2) The general assembly further finds and declares that it is
Page 3, Line 2necessary to clarify its original intent in granting the power of dominant
Page 3, Line 3eminent domain to metropolitan districts and water and sanitation districts
Page 3, Line 4through an amendment expressing the general assembly's intent that the
Page 3, Line 5power of dominant eminent domain may not be exercised to condemn
Page 3, Line 6state-owned property or the property of home rule municipal political
Page 3, Line 7subdivisions of the state that are created under article XX of the state
Page 3, Line 8constitution and home rule counties created under section 16 of article XIV of the state constitution.
Page 3, Line 9SECTION 2. In Colorado Revised Statutes, 32-1-1004, amend (4) as follows:
Page 3, Line 1032-1-1004. Metropolitan districts - additional powers and
Page 3, Line 11duties. (4) (a) Except as otherwise provided in subsection (4)(b)
Page 3, Line 12of this section, a metropolitan district may have and exercise the
powerPage 3, Line 13powers of eminent domain and dominant eminent domain and, in the
Page 3, Line 14manner provided by article 1 of title 38, may take any property necessary
Page 3, Line 15to the exercise of the powers granted, both within and without the special
Page 3, Line 16district, only for the purposes of fire protection, sanitation, street
Page 3, Line 17improvements, television relay and translator facilities, water, or water
Page 3, Line 18and sanitation, except for the acquisition of water rights, and, within the
Page 3, Line 19boundaries of the district, if the district is providing park and recreation
Page 3, Line 20services, only for the purpose of easements and rights-of-way for access
Page 3, Line 21to park and recreational facilities operated by the special district and only
Page 3, Line 22where no other access to such facilities exists or can be acquired by other
Page 3, Line 23means. A metropolitan district shall not exercise its power of dominant
Page 3, Line 24eminent domain within a municipality or the unincorporated area of a
Page 4, Line 1county, other than within the boundaries of the jurisdiction that approved
Page 4, Line 2its service plan, without a written resolution approving the exercise of
Page 4, Line 3dominant eminent domain by the governing body of the municipality in
Page 4, Line 4connection with property that is located within an incorporated area or by
Page 4, Line 5the board of county commissioners of the county in connection with property that is located within an unincorporated area.
Page 4, Line 6(b) A district shall not exercise the power of dominant
Page 4, Line 7eminent domain to acquire property of the state or of a home
Page 4, Line 8rule city, town, or city and county established under article XX
Page 4, Line 9of the state constitution or of a home rule county established
Page 4, Line 10under section 16 of article XIV of the state constitution; except
Page 4, Line 11that this subsection (4)(b) does not create, eliminate, modify, or
Page 4, Line 12otherwise impair rights or liabilities that are vested on the
Page 4, Line 13effective date of this subsection (4)(b) or create new obligations or attach new disabilities with respect to past transactions.
Page 4, Line 14SECTION 3. In Colorado Revised Statutes, 32-1-1006, amend (1)(f) as follows:
Page 4, Line 1532-1-1006. Sanitation, water and sanitation, or water districts
Page 4, Line 16- additional powers - special provisions. (1) In addition to the powers
Page 4, Line 17specified in section 32-1-1001, the board of any sanitation, water and
Page 4, Line 18sanitation, or water district has the following powers for and on behalf of such district:
Page 4, Line 19(f) (I) Except as otherwise provided in subsection (1)(f)(II)
Page 4, Line 20of this section, to have and exercise the
powerPage 4, Line 21domain and dominant eminent domain and, in the manner provided by
Page 4, Line 22article 1 of title 38,
C.R.S.,Page 4, Line 23of the powers granted, both within and without the special district, except for the acquisition of water rights.
Page 5, Line 1(II) A district shall not exercise the power of dominant
Page 5, Line 2eminent domain to acquire property of the state or of a home
Page 5, Line 3rule city or town, or city and county established under article
Page 5, Line 4XX of the state constitution or a home rule county created
Page 5, Line 5under section 16 of article XIV of the state constitution; except
Page 5, Line 6that this subsection (1)(f)(II) shall not create, eliminate, modify,
Page 5, Line 7or otherwise impair rights or liabilities that are vested on the
Page 5, Line 8effective date of this subsection (1)(f)(II), or create new
Page 5, Line 9obligations or attach new disabilities with respect to past transactions.
Page 5, Line 10SECTION 4. Safety clause. The general assembly finds,
Page 5, Line 11determines, and declares that this act is necessary for the immediate
Page 5, Line 12preservation of the public peace, health, or safety or for appropriations for
Page 5, Line 13the support and maintenance of the departments of the state and state institutions.