HomeMy WebLinkAbout 18-42 Opposing Amend 74RESOLUTION NO 18-42
A RESOLUTION OPPOSING "AMENDMENT 74, AN ATTEMPT TO AMEND THE
COLORADO CONSTITUTION TO DRASTICALLY LIMIT STATE AND LOCAL
GOVERNMENT SERVICES AT A HIGH COST TO TAXPAYERS
WHEREAS, local government services are essential to the citizens of the Town
of Firestone; and
WHEREAS, Amendment 74 has been written by certain out-of-state corporate
interests to change the text of the Colorado Constitution, Article II, Section 15, which
dates back to 1876 and threatens basic governmental services; 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, while Amendment 74 is shrouded in simple language, it has far
reaching and unintended impacts; and
WHEREAS, under the current Colorado Constitution, a property owner already
has the right to seek compensation from state or local governments; 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 traceable
to any government law or regulation; and
WHEREAS, Amendment 74 would create uncertainty because it is not clear what
the language actually means or now it can be applied; and
WHEREAS, Amendment 74 would severely limit the ability of Colorado's state
and local governments to do anything 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
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 directly impact zoning, density limitations, and
planned development; 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 public health, safety, and welfare; 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 government function 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; and
WHEREAS, 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
WHEREAS, individuals filed several thousand claims against state and local
governments with an estimated value in excess of several billions of dollars in claims in
Oregon before the residents repealed the takings initiative three years after its passage.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO THAT:
the Town of Firestone, opposes Amendment 74 and strongly urges a vote of NO
this November.
ADOPTED THIS 24T" DAY OF OCTOBER 2018
By:
Sind-elar, Mayor
ATTEST:
rn I�
By: .
Leah Vanarsdall, Town Clerk