Interesting news
from the past week or so:
1. Senate Bill
167 which proposed a moratorium on eminent domain activities targetting economic
development of non-blighted areas passed the House on October 26, 2005. Of
great interest is an amendment added by Rep. Seitz making it clear that the
moratorium does not apply to parks and recreation purposes. The specific
language is as follows:
(C) Divisions (A)
and (B) of this section do not apply to the use of eminent domain for the taking
of private property to be used as follows:
(1) In the
construction, maintenance, or repair of streets, roads, or walkways, paths, or
other ways open to the public's use, including rights of way immediately
adjacent to those public ways....
(2) For a public
utility purpose;
(3) By a common
carrier;
(4) For parks and
recreation areas open to the public;
(5) In the
construction, maintenance, or repair of buildings and grounds used for
governmental purposes.
Getting this
language in this bill is major for the parks and recreation community and we owe
Rep. Seitz a "thank you". Similar to the bill last year regarding the
voluntary increase in the number of members of a special park district board
this is legislation we can point to as this issue is brought up in the
future. A task force to review eminent domain is being formed
and OPRA will be represented on that committee. The task force is to have
a report completed by April 06 and legislation is expected in
06.
2. On November
1, voters in Colorado voted to ease the Colorado Tabor/Tel for 5 years.
This involved $3.7 billion in tax funds and was supported by 53% of
the voters. This vote will allow governments in the state to begin to
patch major holes in their budgets that have occurred in the past 10
years.
3. We presume
the general assembly will only be in session for a couple more weeks this year
after the election. It is believed they will be in session from January
until the end of March or early in April. We are hearing that the state
capital improvement bill will not be considered until after next November's
election.
Larry
Peck
State
Legislative Chair
