Amendments HB08-1278

House Journal, March 14
11 HB08-1278 be amended as follows, and as so amended, be referred to
12 the Committee of the Whole with favorable
13 recommendation:
14
15 Amend the Transportation & Energy Committee Report, dated February
16 19, 2008, page 2, strike lines 2 through 17 and substitute the following:
17
18 "PROPERTY.
19
20 (4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, BEFORE AN
21 EMINENT DOMAIN ACTION MAY BE COMMENCED BY THE DISTRICT, THE
22 DISTRICT AND THE OWNER OF THE SUBJECT PROPERTY SHALL PARTICIPATE
23 IN NONBINDING MEDIATION, THE MANNER AND FORM OF WHICH SHALL BE
24 AS AGREED UPON BY THE PARTIES TO THE MEDIATION.".
25
26 Renumber succeeding subsection accordingly.".
27
28

House Journal, April 11
21 HB08-1278 be amended as follows, and as so amended, be referred to
22 the Committee of the Whole with favorable
23 recommendation:
24
25 Strike the Appropriations Committee Report, dated March 14, 2008, and
26 substitute the following:
27
28 "Strike the Transportation & Energy Committee Report, dated February
29 19, 2008, and substitute the following:
30
31 "Amend printed bill, strike everything below the enacting clause and
32 substitute the following:
33
34 "SECTION 1. 32-9-161, Colorado Revised Statutes, is amended
35 BY THE ADDITION OF A NEW SUBSECTION to read:
36
37 32-9-161. Eminent domain - definitions. (3) (a) EXCEPT AS
38 OTHERWISE PROVIDED IN THIS SUBSECTION (3), NO PRIVATE PROPERTY
39 ACQUIRED BY EMINENT DOMAIN BY THE DISTRICT ON OR AFTER JANUARY
40 1, 2008, SHALL BE SUBSEQUENTLY TRANSFERRED TO A PRIVATE PARTY
41 UNLESS:
42
43 (I) THE OWNER OF THE PROPERTY CONSENTS IN WRITING TO
44 ACQUISITION OF THE PROPERTY BY EMINENT DOMAIN BY THE DISTRICT;
45
46 (II) (A) THE GOVERNING BODY OF THE DISTRICT DETERMINES
47 WITHIN TEN YEARS OF THE DATE OF THE EARLIER OF POSSESSION OR
48 TRANSFER OF TITLE TO THE DISTRICT THAT THE PROPERTY IS NO LONGER
49 NECESSARY FOR THE PURPOSE FOR WHICH IT WAS ORIGINALLY ACQUIRED,
50 AND THE DISTRICT FIRST OFFERS TO SELL THE PROPERTY TO THE OWNER
51 FROM WHOM IT WAS ACQUIRED, IF THE OWNER CAN BE LOCATED, AT A
52 PRICE PER SQUARE FOOT NOT TO EXCEED THAT PAID BY THE DISTRICT AND
53 THE OWNER DECLINES TO EXERCISE SUCH RIGHT OF FIRST REFUSAL.
54
55 (B) THE OFFER DESCRIBED IN SUB-SUBPARAGRAPH (A) OF THIS
56 SUBPARAGRAPH (II) TO BE MADE TO THE OWNER FROM WHOM THE
1 PROPERTY WAS ACQUIRED SHALL BE EXTENDED BY THE DISTRICT IN
2 WRITING IN THE FORM OF A NOTICE OF DISPOSITION OF PROPERTY. THE
3 DISTRICT SHALL SEND THE NOTICE BY CERTIFIED MAIL, RETURN RECEIPT
4 REQUESTED, TO THE OWNER AT THE OWNER'S LAST-KNOWN MAILING
5 ADDRESS. IF, NOT LATER THAN NINETY DAYS AFTER THE NOTICE IS MAILED,
6 THE OWNER FAILS TO RESPOND IN WRITING TO THE DISTRICT'S OFFER BY
7 MEANS OF AN EXPRESSION OF INTEREST IN ACCEPTING THE OFFER, THE
8 DISTRICT MAY TRANSFER THE PROPERTY TO A THIRD PARTY OF ITS OWN
9 CHOOSING ON SUCH TERMS AS IT SPECIFIES IN THE OFFER.
10
11 (III) THE PROPERTY ACQUIRED BY THE DISTRICT HAS BEEN
12 ABANDONED; OR
13
14 (IV) THE OWNER OF THE PROPERTY HAS REQUESTED OR PLEADED
15 IN AN EMINENT DOMAIN ACTION THAT THE DISTRICT ALSO ACQUIRE
16 PROPERTY THAT IS NOT ESSENTIAL TO THE PURPOSE OF THE ACQUISITION
17 ON THE BASIS THAT ACQUIRING LESS PROPERTY WOULD LEAVE THE OWNER
18 OF THE PROPERTY HOLDING AN UNECONOMIC REMNANT.
19
20 (b) FOR PURPOSES OF THIS SUBSECTION (3):
21
22 (I) "OWNER" MEANS ONLY THE RECORD OWNER OF PROPERTY.
23 "OWNER" SHALL NOT INCLUDE ANY OF THE RECORD OWNER'S HEIRS,
24 SUCCESSORS, ASSIGNS, DEVISEES, OR OTHER PERSONS CLAIMING BY OR
25 THROUGH THE RECORD OWNER.
26
27 (II) "PRIVATE PROPERTY" OR "PROPERTY" MEANS, AS APPLIED TO
28 REAL PROPERTY, ONLY A FEE OWNERSHIP INTEREST.
29
30 SECTION 2. Effective date - applicability. This act shall take
31 effect July 1, 2008, and shall apply to condemnation actions commenced
32 on or after said date.
33
34 SECTION 3. Safety clause. The general assembly hereby finds,
35 determines, and declares that this act is necessary for the immediate
36 preservation of the public peace, health, and safety.".".".
37
38

House Journal, April 11
1 Amendment No. 1, Appropriations Report, dated April 11, 2008, and
2 placed in member's bill file; Report also printed in House Journal,
3 April 11.
4
5 Amendment No. 2, by Representatives Summers, White.
6
7 Amend the Appropriations Committee Report, dated April 11, 2008,
8 page 1, line 11, strike "JANUARY" and substitute "JULY".
9
10 As amended, ordered engrossed and placed on the Calendar for Third
11 Reading and Final Passage.
12