HomeMy WebLinkAboutresolution.council.137-18 RESOLUTION NO. 137
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
OPPOSING AMENDMENT 74, A STATE CITIZEN INITIATIVE THAT IF
APPROVED, WOULD AMEND THE COLORADO CONSITUTION TO
DRASTICALLY LIMIT STATE AND LOCAL GOVERNMENT REGULATORY
AUTHORITY.
WHEREAS, local government services are essential to the citizens of the City of Aspen; and
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, Amendment 74 has been written and is being significantly funded by out-of-
state corporate interests to amend the Colorado Constitution and threatens the ability of state and
local governments to provide basic governmental services to the residents of the City of Aspen;
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 II, 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 would hinder City of Aspen and surrounding jurisdictions'
ability to preserve the values that are essential to local communities, such as viewsheds, open
spaces, and rut-al areas; 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. 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 there were $4 billion dollars in claims in Oregon before the residents repealed
the takings initiative three years after its passage; and
WHEREAS,the City Council finds that it is in the best interests of the citizens of the City of
Aspen to oppose Amendment 74.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen,
Colorado that it hereby approves this Resolution Opposing Amendment 74, a state citizen
initiative that if approved,would amend the Colorado Constitution to drastically limit state and
local government regulatory authority, and authorizes the Mayor to sign this resolution on behalf
of the Council.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 81h
day of October 2018. L4
Steven Skad n, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted b the City Council of the City of Aspen,
Colorado, at a meeting held on the day her 'nab a tate .
Linda Manning, City Clerk