HomeMy WebLinkAboutR18-081 Resolution Opposing Amendment 74 i
Commissioner `'!l�-v- moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2018 - U U t
A RESOLUTION OPPOSING AMENDMENT 74 -A STATE CITIZEN INITIATIVE
PROPOSING TO AMEND THE COLORADO CONSTITUTION TO DRASTICALLY
LIMIT STATE AND LOCAL GOVERNMENT REGULATORY AUTHORITY
WHEREAS, on November 6, 2018, state voters will be asked to vote on Amendment 74,
which seeks to amend the Colorado Constitution to require that "just compensation" be paid for
any government law or regulation deemed to reduce the fair market value of private property;
and
WHEREAS, local government services are essential to the residents of Eagle County;
and
WHEREAS, Amendment 74 has been written and is being funded by the oil and gas
industry to amend the Colorado Constitution and threaten the ability of state and local
governments to provide basic governmental services; and
WHEREAS, Amendment 74 declares that any state or local government law or
regulation that "reduces"the "fair market value" of a private parcel is subject to "just
compensation;" and
WHEREAS, under the current Colorado Constitution, Article H, Section 15, a property
owner already has the right to seek compensation from state or local governments if forced to
bear "public"burdens that, in all fairness, should be borne and paid for by the public as a whole;
and
WHEREAS,Amendment 74 would expand this well-established concept by requiring
the government- i.e., the taxpayers- to compensate private property owners for virtually any
decrease whatsoever in the fair market value of their property, even if temporary or incidental, if
the decrease is traceable to any government law or regulation; and
WHEREAS, Amendment 74 would severely limit the ability of Colorado's state and local
governments to take actions that might indirectly, unintentionally,or minimally affect the fair
market value of any private property; and
WHEREAS, Amendment 74 would drastically diminish the ability of our state and local
governments to adopt-let alone attempt to enforce-reasonable regulations, limitations, and
restrictions upon private property; and
WHEREAS, Amendment 74 would place laws,ordinances, and regulations designed to
protect public health and safety, the environment, our natural resources, public infrastructure,
and other public resources in jeopardy; and
WHEREAS, Amendment 74 would make inherently dangerous or environmentally
damaging activities prohibitively costly to attempt to limit or regulate,even in the interest of the
public; and
WHEREAS, any arguable impact upon fair market value-however reasonable or justified
or minimal or incidental or temporary- resulting from state or local government action could
trigger a claim for the taxpayers to pay; and
WHEREAS, governments would be vulnerable to lawsuits for almost every decision to
regulate or not to regulate. making regular governmental functions prohibitively expensive for
the taxpayer; and
WHEREAS. similar efforts have been attempted and defeated in other states, such as the
states of Washington and Oregon; and
WHEREAS,the fiscal impact for similar language in Washington was estimated at$2
billion dollars for state agencies and $1.5 billion for local governments over the first six years;
and
WHEREAS,there were$4 billion dollars in claims in Oregon before the residents
repealed the takings initiative two years after its passage.
NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE,STATE OF COLORADO:
THAT, the Eagle County Board of County Commissioners OPPOSES Amendment 74,
and urges residents to vote AGAINST the measure.
THAT, the board hereby finds, determines and declares that this Resolution is necessary
for the public health, safety and welfare of the residents of the County of Eagle, State of
Colorado.
MOVED,READ AND ADOPTED by the Board of Count Commissioners of the
County of Eagle, State of Colorado,at its regular meeting held the 'j TV day of Ofauih
20 ( 0 .
o�FN co COUNTY OF EAGLE, STATE OF
. � COLORADO By and Through Its
: * BOARD OF OUNT OMMI NERS
cif
ATTEST: * co eP ��� // i�
lA ft.tlt." to ° By: Aria )) .i A I.4 . .� II(
Clerk to the Board of athy C f andler-Henry
County Commissioners Chair
AleTim;
H. Ryan
Commissioxq
It)/132
JrLe McQueeney
ommissioner
Commissioner 444t -s'econded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Chandler-Henry
•
Commissioner Ryan
Commissioner McQueeney
This resolution passed by 2) /0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado