State lawmakers are considering a number of proposals this legislative session to curb governments’ and private entities’ abilities to take land from property owners.
The election-year issue sprang to life last summer when the U.S. Supreme Court ruled in Kelo vs. City of New London that it was a legitimate public use to take land for economic development.
Not surprisingly, two of the highest- profile bills would amend the state constitution to prevent governments from taking land for economic development purposes, such as building a shopping mall to increase sales tax revenues.
The proposed bills also would prevent a private company from using eminent domain powers to build a toll road such as the proposed “Super Slab,” a for-profit north-south highway that would run along the Front Range. Senate Bill 78 also would ban the practice.
If approved by a two-thirds vote in both the House and the Senate, the measures would appear on November’s ballot.
Republican Rep. Al White of Winter Park is sponsoring a proposal that would prohibit the taking of private land except for “public use,” which is defined as “conditions that endanger life or property and that are detrimental to the public health or public safety,” according to a draft of the legislation.
The proposal also specifies that economic development does not constitute a valid reason for using the power of eminent domain.
Sam Mamet, whose Colorado Municipal League represents 265 of the state’s 271 cities and towns, said a ban is not needed and the group will oppose those efforts.
“Our law is very specific that you cannot condemn for redevelopment purposes without going through a very specific blight analysis,” Mamet said. “A city or town can’t just go out and condemn property for economic development purposes.”
But Dana Berliner, a lawyer who represented Susette Kelo in the Supreme Court case, said, “It’s still possible under Colorado law to take for private development and for economic development.
“It’s still very necessary to change the law here, and a constitutional amendment is what you’re going to have to do,” she told a group of lawmakers Monday during a presentation sponsored by the Independence Institute, a conservative think tank.
Proponents of White’s efforts are collecting signatures to petition the proposal onto the ballot in case the legislature fails to pass it.
Also on tap this session is a proposal by Democratic Sen. Bob Hagedorn of Aurora that prevents the taking of private property “for the sole purpose of promoting economic development,” according to a draft of the legislation.
“It is meant to be a compromise. It’s not as extreme as the citizens’ proposal. It’s not as extreme as Al White’s bill,” Hagedorn said.
The bill would make it harder for governments to take land for economic development but would leave local officials some flexibility, Hagedorn said.
Like White’s proposal, Hagedorn’s measure would need the approval of two-thirds of both the Senate and the House before going before the voters in November.
Staff writer Chris Frates can be reached at 303-820-1633 or cfrates@denverpost.com.
