HomeMy WebLinkAbout1995-10 Town Council Expressing Concerns about Takings Legislation n General and Urging Elected Representatives to Oppose SB 136, HB 1171, and Similar LegislationRESOLUTION N0. 10
SERIES OF 1995
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL
EXPRESSING CONCERN ABOUT "TAKINGS" LEGISLATION IN GENERAL
AND URGING ELECTED REPRESENTATIVES TO OPPOSE SB 136, HB 1171
AND SIMILAR LEGISLATION.
WHEREAS, both the Colorado General Assembly and the U.S. Congress are considering
legislation which may dramatically expand the circumstances under which some property owners
can claim compensation from the government to the extent government regulations affect their
property values; and
WHEREAS, all governmen# entities, including municipalities, are already constrained by
the U.S. and Colorado constitutions from taking private property for public use without just
compensation; and
WHEREAS, the courts have long held that government regulations which go "too far" may
constitute a taking of private property and recent decisions by the U.S. Supreme Court have
provided additional protection under the constitution to private property rights; and
WHEREAS, municipalities, in their traditional role as land use regulators, have a special
understanding of the fact that virtually any regulation has both positive and negative effects on
a myriad of property values, including those associated with the regulated property, neighboring
properties, and the community at large; and
WHEREAS, so called "takings" legislation tends to bestow new compensation rights upon
some property owners to the potential detriment of other property owners, while undermining the
effectiveness of even the most reasonable regulations which are designed to protect the public
health, safety and general welfare; and
WHEREAS, takings legislation promises to substantially increase the cost of government
by mandating redundant, bureaucratic review processes upon government agencies and inviting
a flood of new claims for compensation which have no basis whatsoever under the constitution;
and
WHEREAS, even takings legislation which does not presently include within its scope
actions by municipalities is nevertheless objectionable because:
A) Proponents of such legislation have vowed, once the precedent is established, to
include municipalities in future "takings" legislation;
B) Any legislative redefinition of what constitutes a regulatory taking of private property
may in the future be imputed by the courts to municipalities;
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C) Municipalities work in partnership with state and federal agencies to protect the
public health, safety and general welfare in local communities, and any unreasonable impairment
of the ability of those agencies to carry out their regulatory function will inure to the detriment of
citizens living within municipalities.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
1. The Town Council opposes any and all legislation by the Colorado General
Assembly and the U.S. congress which purports to codify constitutional "takings" principles to the
extent that such legislation redefines what a regulatory taking is and the types of claims for which
compensation mus# be paid, favors the interests of some property owners over others, increases
the cost of government, or impairs the effectiveness of reasonable laws and regulations which
protect the public health, safety and general welfare.
2. The Town Council respectfully urges its elected representatives to vote against SB
136, HB 1171 and any similar legislation.
3. The Town Clerk is hereby directed to forward this resolution to the Town's elected
representatives in the Colorado General Assembly and the U.S. Congress and to otherwise
disseminate copies of this resolution to the public at large as appropriate.
4. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 4th day of April, 1995.
Margaret A. Osterfoss, M or
EST:
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Holly L. McCutcheon, Town Clerk
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Resolution No. 10, Series of 1485