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RESOLUTION NO. ;2 4
(Series of 1995)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN EXPRESSING
CONCERN ABOUT "TAKINGS" LEGISLATION IN GENERAL AND URGING ELECTED
REPRESENTATIVES TO OPPOSE S.B. 136, H.B. 1171 AND SIMILAR LEGIS-
LATION.
WHEREAS, both the Colorado General Assembly and the U.S.
congress are considering legislation which may dramatically
expand the circumstances under which some property owners can
claim compensation from the government to the extent government
regulations affect their property values; and
WHEREAS, all government entities, including municipalities,
are already constrained by the U.S. and Colorado constitutions
from taking private property for public use without just compen-
sation; and
WHEREAS, the courts have long held that government regula-
tions which go "too far" may constitute a taking of private
property and recent decisions by the U.S. Supreme Court have
provided additional protection under the constitution to private
property rights; and
WHEREAS, municipalities, in their traditional role as land
use regulators, have a special understanding of the fact that
virtually any regulation has both positive and negative affects
on a myriad of property values, including those associated with
the regulated property, neighboring properties, and the community
at large; and
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WHEREAS, so called "takings" legislation tends to bestow new
compensation rights upon some property owners to the potential
detriment of other property owners, while undermining the effec-
tiveness of even the most reasonable regulations which are de-
signed to protect the public health, safety and general welfare;
and
WHEREAS, takings legislation promises to substantially in-
crease the cost of government by mandating redundant, bureaucrat-
ic review processes upon government agencies and inviting a flood
of new claims for compensation which have no basis whatsoever
under the constitution; and
WHEREAS, even takings legislation which does not presently
include within its scope actions by municipalities is neverthe-
less objectionable because:
(Al Proponents of such legislation have vowed, once the
precedent is established, to include municipalities in future
"takings" legislation;
(Bl Any legislative redefinition of what constitutes a
regulatory taking of private property may in the future be
imputed by the courts to municipalities;
(el Municipalities work in partnership with state and
federal agencies to protect the public health, safety and general
welfare in local communities, and any unreasonable impairment of
the ability of those agencies to carry out their regulatory
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function will inure to the detriment of citizens living within
municipalities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, THAT:
1. The city Council opposes any and all legislation by the
Colorado General Assembly and the U.S. congress which purports to
codify constitutional "takings" principles to the extent that
such legislation redefines what a regulatory taking is and the
types of claims for which compensation must be paid, favors the
interests of some property owners over others, increases the cost
of government, or impairs the effectiveness of reasonable laws
and regulations which protect the public health, safety and
general welfare.
2. The city Council respectfully urges its elected repre-
sentatives to vote against S.B. 136, H.B. 1171 and any other
similar legislation.
3. The City Clerk is hereby directed to forward this
resolution to the city's elected representatives in the Colorado
General Assembly and the U.S. Congress and to otherwise dissemi-
nate copies of this resolution to the public at large as appro-
priate.
4. This resolution shall take effect immediately upon its
passage.
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~ RESOLVED,
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Aspen, Colorado.
APPROVED AND ADOPTED this ~~ day of
, 1995, by the city council for the City of
()4 5, i5~~/1 .
John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the Cit~of the_~ity
Colorado, at a meeting held ~~
of Aspen,
, 1995.
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