CONCERNING LAND USE PLANNING BY LOCAL GOVERNMENTS TO ADDRESS THE IMPACTS OF LAND USE DEVELOPMENT UPON MILITARY INSTALLATIONS IN CLOSE PROXIMITY TO SUCH GOVERNMENTS.
HB 10-1205: Concerning land use planning by local governments to address the impacts of land use development upon military installations in close proximity to such governments.
This bill modifies current statute relating to land use planning by county and municipal governments to address the impact of encroachment on military installations. The bill gives the military flying commander a seat at the table when local governments are making land use planning decisions within a two mile radius of the installation.
As this bill was originally written, it pitted the interests of the military against those of private property owners. The military is obviously concerned about safety and security around its installations. As development encroaches on military installations, safety and security become an even greater concern. As local Colorado citizens it is very important to understand the negative impact encroachment can have on military installations.
Understanding the need to protect military installations, the issue becomes protecting the private property rights of individuals that fall within the two mile radius of the installation. As written the bill would have had a negative impact on property values (based on existing zoning) in the affected area. I believe this would have been an uncompensated governmental taking from those owners.
Ultimately we removed the takings provision and gave the military a greater voice in any future land use planning decisions. I believe this was not only the best course of action for all the parties, but it was also the right thing to do.
Signed into Law by the Governor 5/21/10