Ballot Title Setting Board
2005-2006

The title as designated and fixed by the Board is as follows:

An amendment to the Colorado constitution concerning the taking of private property, and, in connection therewith, prohibiting private property from being taken by a party condemning the property unless the party establishes by clear and convincing evidence that the taking is for a public use; defining public use for purposes of the amendment to only mean either the possession and occupation of the condemned property by a public entity or a public utility or the acquisition and disposition of property to remedy conditions which endanger life or property and which are detrimental to the public health or public safety; specifying that the public or private benefits of economic development shall not constitute a public use; and prohibiting private property from being taken by a private party except as a private way of necessity or for use by a public utility.

The ballot title and submission clause as designated and fixed by the Board is as follows:

Shall there be an amendment to the Colorado constitution concerning the taking of private property, and, in connection therewith, prohibiting private property from being taken by a party condemning the property unless the party establishes by clear and convincing evidence that the taking is for a public use; defining public use for purposes of the amendment to only mean either the possession and occupation of the condemned property by a public entity or a public utility or the acquisition and disposition of property to remedy conditions which endanger life or property and which are detrimental to the public health or public safety; specifying that the public or private benefits of economic development shall not constitute a public use; and prohibiting private property from being taken by a private party except as a private way of necessity or for use by a public utility?

Hearing December 7, 2005

Single subject approved; staff draft amended; titles set.
Hearing adjourned 3:20 p.m.

* Unofficially captioned “Condemnation of Private Property” by legislative staff for tracking purposes. Such caption is not part of the titles set by the Board.