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Democrats strike blow to private property rights


House Democrats today voted against private property rights by supporting a bill to allow local governments to override zoning regulations with master plans.

"The Democrats sent a very strong message today regarding their feelings toward private property rights in Colorado," said House Republican Leader Joe Stengel, R-Littleton.

"They supported a measure that could eliminate the property value of any piece of property in Colorado with one simple board meeting," he said. "The implications of this measure are staggering when you consider that it would statutorily hand unlimited power to local governments to completely rearrange entire towns, cities and counties."

On a Party-line vote of 35-30, House Democrats gave initial approval today to House Bill 1053, by state Rep. Jack Pommer, D-Boulder. The measure would allow local governments with a population of at least 10,000, or with a willingness to participate, to override local zoning decisions by mandating master plans, or comprehensive zoning plans.
Assistant House Republican Leader Mike May, R-Parker, introduced an amendment to the bill to give legal recognition to the interests that property owners have in the status of their property before a master plan is adopted.

The measure was killed 34-31 with only one Democrat voting for its passage.

"It is astounding that Democrats would vote not to recognize that private property owners have a vested interest in their property," May said. "Property is an investment on several levels and Democrats voted today for that investment to be taken out of the hands of Colorado property owners."

Under HB 1053, master plans would no longer be just advisory in Colorado for local governments of at least 10,000 people. The measure would give any local government authority over land use and growth, and would require mandated local governments to encourage and promote sustainable growth, environmental protection, adequate and efficient infrastructure and governmental coordination with nearby local governments.

The measure also states that mandated local governments, or those who opt to participate, would have authority over any additional element related to the impacts of growth, development and redevelopment, "without limitation."

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