HomeMy WebLinkAboutresolution.council.003-96
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RESOLUTION NO. 3
(Series of 1996)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
EXPRESSING CONCERN ABOUT "TAKINGS" LEGISLATION IN GENERAL AND
URGING ELECTED REPRESENTATIVES TO OPPOSE SENATOR NORTON'S BILL
CONCERNING REGULATORY IMPAIRMENT OF PROPERTY RIGHTS.
WHEREAS, the Colorado General Assembly is considering legislation which may
dramatically expand the circumstances under which some property owners can claim
compensation from the City to the extent that City regulations affect private property values;. and
WHEREAS, all governmental entities, including the City of Aspen, are already
constrained by the United States and Colorado constitutions from taking private property for
public use without just compensation; and
WHEREAS, the courts have long held that government regulations 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 for private property rights; and
WHEREAS, municipalities, in their traditional role as land use regulators, have a special
understanding of the fact that any government action may be alleged to have both positive and
negative effects on a myriad of property interests, including those associated with the regulated
property, neighboring properties, and the community at large; and
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 effectiveness of even the most reasonable regulations which are designed to protect the public
health, safety and general welfare; and
WHEREAS, takings legislation promises to substantially increase the cost of government
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by mandating redundant, bureaucratic review processes upon government agencies and inviting
a flood of new claims for compensation which have no basis whatsoever under the constitution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1
The City Council of the City of Aspen opposes any legislation by the Colorado General
Assembly which purports to codify constitutional "takings" principles to the extent that such
legislation redefines what a regulatof1j 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.
Section 2
The City Council of the City of Aspen respectfully urges its elected officials to vote
against Senator Norton's bill "Concerning Regulatory Impairment of Property Rights" or any
other similar legislation.
Section 3
The City Clerk is hereby directed to forward this resolution to the City's elected
representatives in the Colorado General Assembly and to otherwise disseminate copies of this
resolution to the public at large as appropriate.
Dated: lULU~ 2 , 1996.
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John S. Bennett, Mayor
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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 City Council of the City of Aspen,
Colorado, at a meeting held (~U-L~ ~ 1996.
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Kathryn S. K9J ' City Clerk
takings.res
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