HomeMy WebLinkAboutR95-026 opposing Legislature restrictions on county regulatory authority4
Commissioner moved adoption
of the following esolutionc
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO'. 95-
OPPOSING COLORADO STATE LEGISLATURE RESTRICTIONS ON
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WHEREAS, the subject of "takings" is the subject of
legislative debate in the Colorado Legislature and the United
States Congress and this debate is expected to expand and continue;
and
WHEREAS, proposals to regulate "takings" increasingly propose
restricting governmental actions which do not place property in
government ownership but instead create situations in which it can
be asserted that the governmental action results in a reduction in
the value of a property or restricts the future growth in the value
of that property; and
WHEREAS, the very reason for the existence of county
government is to protect the health, welfare and safety of the
public; and
WHEREAS, this protection of health, welfare, and safety
involves county government on a daily and continuing basis in
myriad regulation of private property including such actions as
zoning, planning, and licensing; and
WHEREAS, the Fifth Amendment of the United States Constitution
contains language prohibiting the taking of property without just
compensation; and
WHEREAS, all county regulatory actions must be taken within-
the constraints of the Fifth Amendment which is subject to
continuing refinement by the court; and
WHEREAS, a number of counties have been involved in efforts to
stop or modify such "takings" initiatives at the State and Federal
level and such efforts will be undercut if State or Federal
Government actions try to preempt the field on this subject.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board of County Commissioners opposes any state or
Federal regulation, statute, or constitutional amendment which
would place restrictions on county government actions regulating
private property or requiring additional compensation beyond the
continually evolving judicial interpretations of the Fifth
Amendment of the United States Constitution.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the Count of Eagle, State o Color / ado, at its regular meeting
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ATTEST: f
C erk to the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By•
J me Jo , r.
an
George AX Gates, Commissioner
ohnnette Phillips, Commissioner
Commissioner 1 seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
Commissioner James E. Johnson, Jr. ,
Commissioner George A. Gates
Commissioner Johnnette Phillips
This Resolution passed by —� / vote of the Board of
County Commissioners of the Co unty of Eagle, State of Colorado.
r \takings.opp
