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Local Government Handbook
law requires counties to adopt master plans
if the county has a population of 100,000
or more, or a population over 10,000 and a
10 percent growth rate in a ve-year period.
The advisory nature of a comprehensive plan
does not prohibit a county from denying a
specic development application based on
noncompliance with the comprehensive plan,
provided the plan is adopted legislatively by
the board and the plan is suciently specic
to ensure consistent application. Additionally,
a county comprehensive plan can be a
binding document if the board authorizes a
comprehensive plan, or any part of the plan
through zoning, regulations, or land use
codes.
Local Governments and the Power of
Eminent Domain
The Colorado Constitution permits the
taking of private property provided that just
compensation is awarded to the property
owners and the taking is determined to be
for a public use. State law provides eminent
domain powers to cities, towns, counties,
urban renewal authorities, and various utilities
and corporations for the purpose of providing
public services through the construction,
improvement, or maintenance of public
utilities and infrastructure. For example, state
law allows a city, town, or city and county,
to pass a resolution to establish, construct,
extend, open, widen, or alter any street, lane,
bridge, sewer, tunnel, or subway; or to build,
acquire, construct, or establish any public
building, public work, or public improvement.
To do this, governmental entities have the
right of eminent domain to take, damage,
condemn, or appropriate an individual’s
private property.
Colorado Urban Renewal Law. The Urban
Renewal Law also grants eminent domain
authority to the state and local governments
in order to prevent, remedy, or eliminate areas
that are designated as a slum or as blighted.
A blighted area is dened as an area that
“substantially impairs or arrests the sound
growth of a municipality, retards the provision
of housing accommodations, or constitutes an
economic or social liability, and is a menace to
the public health, safety, morals, or welfare.”
At the local level, the power of eminent
domain may be exercised through an
urban renewal authority or a downtown
development authority, established by a
municipality to prevent blight or slums
for public benet. An authority may not
acquire real property for an urban renewal
project unless the local governing body has
approved an urban renewal plan. Additionally,
in order to authorize the use of eminent
domain as a means to acquire property for
an urban renewal project, a governing body
must prove that blight or slum conditions
exist without regard to the economic
performance of the property. A nding of
blight by a local governing body must be
determined according to the presence of at
least four factors specied in law, and the
use of eminent domain by an authority to
acquire private property for the purpose of
transferring the property to a private party
requires the presence of at least four factors.
Some of the factors that indicate blight
include:
• deteriorated structures;
• unsanitary or unsafe conditions;
• deterioration of a site or improvements;
• environmental contamination;
• conditions that endanger life or property
by re or other causes; or
• defects in the title of a property, making it
unmarketable
A determination of blight made by the
governing body may be challenged by ling a
civil action in the district court where the area
is located.