“The 2019 Colorado General Assembly has only been in session for a few weeks, but bills are already pending or in the works that may affect real property and development. Here, we discuss a few of the most impactful. For more information, you can always contact one of our government relations or real estate professionals using the contact information below.
Business Improvement Districts (BIDs). Not yet introduced. According to the Special District Association (SDA), there will be a package of bills introduced to align the BID statutes with those in the Special District Act (C.R.S. §32-1-101 et seq.). On a practical level, this would mean that, like Title 32 Metro Districts, BIDs would be able to:
have boundaries that cross the boundaries of more than one municipality; consolidate existing BIDs; and include territory by election.
Overall it is likely that these bills will make BIDs more flexible for a wider variety of situations, using procedures similar to those found in the Special District Act.
Notice of Blight Designation. HB 19-1084. (Rep. M. Gray (D-Boulder, Broomfield); Sen. R. Zenzinger (D-Arvada)). This bill conforms state statute to a recent 10th Circuit Court decision in M.A.K. Investment Group v. City of Glendale, in which the court found that property owners are entitled to notice that their property is within an area that has been found by a municipality’s governing body to be blighted. Under current law, the statute requires that notice be provided to property owners when a blight study is commenced; notice of a public hearing at which a new urban renewal plan will be considered; and notice following the hearing to property owners when blight is not found to exist. This legislation would also require notice to property owners following a hearing when blight is found to exist. Urban renewal practitioners largely view this bill as a procedural “cleanup” bill.
Property Owner Consent to Historic Designation. HB 19-1078. (Rep. K. Lewis (R-Baca, Bent, Las Animas). This bill requires that the State Historical Society require the consent of the property owner or owners prior to approving an application for designation on the National Register of Historic Places.
Right to Rest. HB 19-1096. (Rep. J. Melton (D-Arapahoe)). This bill is similar to a bill introduced in the last few legislative sessions, and in the same vein as a local initiative presently slated for the May ballot in Denver, called Right to Survive, and is designed to protect homeless individuals from enforcement of local regulations. The legislation grants to all persons the right to rest in a non-obstructive manner; the right to shelter oneself from the elements in a non-obstructive manner; the right to eat, share or distribute food in any public place where food is not prohibited; and the right to occupy a motor vehicle, so long as it is legally parked on public property, or parked on private property with the permission of the property owner. The legislation allows persons whose rights have been violated to pursue a civil action in court, and generally preempts local legislation to the contrary, unless the local government can demonstrate that it has a waiting list of fewer than 50 persons for public housing for three consecutive months.”
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Brownstein Hyatt Farber Schreck LLP, Lexology 23 January 2019.