Second Regular Session
Sixty-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 06-0183.02 Bob Lackner SENATE BILL 06-169
CONCERNING URBAN RENEWAL, AND, IN CONNECTION THEREWITH,
102 ELIMINATING BLIGHT AS A CONDITION PERMITTING THE
103 ESTABLISHMENT OF AN URBAN RENEWAL AUTHORITY OR THE
104 APPROVAL OF AN URBAN RENEWAL PLAN, RESTRICTING URBAN
105 RENEWAL ACTIVITY TO SLUM AREAS, AND PLACING
106 RESTRICTIONS ON THE ABILITY OF AN URBAN RENEWAL
107 AUTHORITY TO CONDEMN PROPERTY THROUGH EMINENT
108 DOMAIN.
Eliminates blight as a condition permitting the establishment of an
urban renewal authority or the approval of an urban renewal plan. Except
in limited circumstances, prohibits an urban renewal area from including
any property, or any portion of the property, that does not satisfy the
statutory definition of "slum". Eliminates considerations of the interests
of the public morals or welfare of the residents of the municipality, as
contrasted with considerations of public health and safety, in determining
whether to establish an urban renewal authority.
Within a specified time after the initial appointment of the urban
renewal authority, requires the governing body to review the authority's
powers, any existing urban renewal projects, and the current condition of
the urban renewal area, including any changes in the area since the initial
approval of the urban renewal plan, and to make a determination as to the
continued need for the authority.
In connection with property acquired by eminent domain by an
urban renewal authority for subsequent transfer to a private party:
Requires the governing body to make a determination only
that the property is located in a slum area or the property
itself is a slum.
Requires the urban renewal project for which the property
is being acquired to be commenced no later than a specified
number of years, instead of the 7 years currently specified
in law, from the date the slum determination is made.
Requires the determination of whether a particular area or
property is a slum area to be made on a parcel-by-parcel
basis, rather than on an area-wide basis.
In the case of any such property acquired through eminent
domain that is not used for the stated public use for which
the property was acquired within a specified time of the
date of the acquisition of the property through
condemnation, or, in the case of any property that ceases to
be used for the stated public use for which the property was
acquired within a specified time of the date of the
acquisition of the property through condemnation, gives the
former owner of the property or the owner's beneficiary the
right to reacquire the property for the amount by which the
owner was compensated or its fair market value, whichever
is less, before the property may be sold or transferred to a
subsequent party.
Specifies that only individual parcels of property satisfying
the definition of "slum" are to be included within a slum
area.
Requires the urban renewal authority, prior to making a
determination that property is located in a slum area or that a certain
parcel of real property constitutes a slum, to provide notice of the
-3- SB06-169
determination to the governing body of the county or municipality in
which the authority has been established and to all owners of property,
residents, and owners of business concerns located within the area
determined to be a slum area. Specifies that the presence of slum
conditions is to be determined without regard to the economic
performance of a parcel of property.
Except in limited circumstances, prohibits any urban renewal plan
from including any property, or any portion of property, that does not
satisfy the statutory definition of "slum".
In the case of a governing body of a municipality that designates
itself as an urban renewal authority, requires the authority, within a
specified time, to comply with statutory provisions addressing, among
other things, the number of authority commissioners that may be officials
of the municipality.
Repeals statutory provisions granting municipal rehabilitation
authorities the power of eminent domain.
Makes conforming amendments. Defines terms
The Estes Parkian statrted tracking this piece of legislation when it appeared in committee. We have attempted to educate the citzens of Estes Park by providing facts concerning the abuses that have occurred around Urban Renewal Authorities not only around the state but right here in Estes Park, that has prompted the changing of this law.
Professor Blight Jim Winholtz was introduced to you in previous articles.
EPURA has used tax money to pay a lobbyist to lobby against this peice of legislation.
