HomeMy Public PortalAboutResolution 2018-10-04 Opposing Amendment 74 TOWN OF FRASER
RESOLUTION 2018-10-04
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 Fraser; 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 how 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 FRASER TOWN BOARD THAT:
The Fraser Town Board opposes Amendment 74 and strongly urges a vote of NO this
November.
DULY MOVED, SECONDED, AND ADOPTED THIS 10th DAY OF OCTOBER, 2018.
BOARD OF TRUSTEES
5 TOWN OF FRAS R. COLORDO
Votes in favor:
Votes opposed: 0
Absent: 62—
Abstained: BY:
Mayor
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(S E A L)
SEAL Town Clerk
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