HomeMy WebLinkAbout2018-100-10/16/2018-EXPRESSING THE CITY COUNCIL'S OPPOSITION TO AMENDMENT 74, AN ATTEMPT TO AMEND THE COLORADO CONSTITUT RESOLUTION 2018-100
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING THE CITY COUNCIL'S OPPOSITION TO AMENDMENT 74, AN ATTEMPT
TO AMEND THE COLORADO CONSTITUTION TO DRASTICALLY LIMIT STATE AND
LOCAL GOVERNMENT AT A HIGH COST TO TAXPAYERS AND URGING THE
CITIZENS OF FORT COLLINS TO VOTE "NO" ON THIS BALLOT ISSUE
WHEREAS, state and local government services are essential to the citizens of Fort
Collins; and
WHEREAS, Amendment 74 has been written by certain out-of-state corporate interests to
change the text of the Colorado Constitution, Article 11, Section 15, which dates back to 1876, in
a way that 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 entitled to "just compensation" from
that government; and
WHEREAS, while Amendment 74 is shrouded in simple language, it has far reaching and
complicated impacts; and
WHEREAS, under the current Colorado Constitution, a property owner already has the
right to seek compensation from state and local governments when their property is taken or
damaged by those 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 will be applied by the courts;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
-1-
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 the
public's health and safety; 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 or at least require the taxpayers to pay the costs to defend
the claim in the courts; 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,there were$4 billion dollars in claims in Oregon before the residents repealed
a similar initiative three years after its passage; and
WHEREAS,the constitutions of the United States and the State of Colorado establish well-
tested protections governing the regulatory and physical taking of property interests by
governments; and
WHEREAS,the Council believes that Amendment 74 would have a significant detrimental
impact on the work of the City of Fort Collins and its ability to promote the health, safety and
welfare of the Fort Collins community, as well as the quality of life for Fort Collins residents and
visitors.
NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Council opposes Amendment 74 and urges every registered voter to vote
"NO" on Amendment 74 at the November 6, 2018, election.
-2-
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of October, A.D. 2018.
Mayor
ATTEST:
rS
7'
C r k
Tit C AL
cO�ORA00
-3-