TC Resolution 18-17 Opposing "Amendment 74"RESOLUTION NO. 18-17
OPPOSING "AMENDMENT 74"
WHEREAS, the adoption of local land use regulations and other regulations under existing
takings law under the U.S. Constitution and State of Colorado Constitution is an essential
function of the Town of Avon's ability to protect and promote the health, safety and general
welfare of the Avon community; and,
WHEREAS, Amendment 74 would substantially altered centuries of takings law under the
U.S. Constitution and State of Colorado Constitution by requiring any state or local government
to provide "just compensation" for any law or regulation that "reduces" the "fair market value"
of private parcel; and,
WHEREAS, Amendment 74 would result in significant legal action and legal costs
associated with the adoption or interpretation of any state or local government regulation that
could be argued to reduce the fair market value of any private property, which would have the
foreseeable effect of substantially discouraging adoption of new regulations or amendments to
existing regulations; and,
WHEREAS, the foreseeable impact of Amendment 74 would be to substantially increase the
cost and/or substantially curtail the ability of state and local government to regulate property and
other property rights for the public health, safety and general welfare of Colorado residents; and,
WHEREAS, similar efforts have been attempted and defeated in the states of Washington
and Oregon; and,
WHEREAS, the Colorado Fair Campaign Practices Act expressly authorizes local
governments to pass a resolution taking a position of advocacy and reporting the passage of, and
distributing, the resolution through established and customary means by C.R.S. §1-45-
117(1)(b)(IIl).
NOW THEREFORE, the Avon Town Council, hereby RESOLVES TO OPPOSE
AMENDMENT 74. The Avon Town Council further RESOLVES to direct the Town Clerk to
post and publish this Resolution in the established, customary manner as the posting and
publishing of other resolutions.
ADOPTED September 25, 2018 by the AVON TOWN COUNCIL
By: Attest:
envie Fancher, Mayor Debbie Hoppe, own qerg,V [d�
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