reglab/housing_qa huggingface dataset:
CO Code § 29-20-201 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 20 - Local Government Regulationof Land Use|Part 2 - Regulatory Impairment of Property Rights|§ 29-20-201. Legislative Declaration

  The general assembly hereby finds, determines, and declares that:   The right to own and use private property is a fundamental right, essential to the continued vitality of a democratic society;    Governmental regulation of conduct, while equally essential to public order and the preservation of universally held values, must be carried out in a manner that appropriately balances the needs of the public with the rights and legitimate expectations of the individual; and    This part 2 appropriately and necessarily underscores and reinvigorates the federal constitutional prohibition against taking private property for public use without just compensation and the state constitutional prohibitions against taking or damaging private property for public or private use.       The general assembly further finds and declares that an individual private property owner should not be required, under the guise of police power regulation of the use and development of property, to bear burdens for the public good that should more properly be borne by the public at large.    The general assembly intends, through the adoption of section 29-20-203, to codify certain constitutionally-based standards that have been established and applied by the courts. The fair, consistent, and expeditious adjudication of disputes over land use in state courts in accordance with constitutional standards is a matter of statewide concern.     History. Source: L. 99: Entire part added, p. 586, § 1, effective July 1.    ANNOTATION   Law reviews. For article, “Animus Over Animas?--Changes in Regulatory Takings Law in Colorado”, see 31 Colo. Law. 69 (April 2002).   Practical effects of this part 2 was to codify the test for regulatory takings announced by the United States supreme court in Nollan v. Cal. Coastal Comm'n, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994). These opinions established the presumption that a local government that conditions approval of a proposed development on an exaction of property effects a compensable taking. This presumption can be overcome only if the local government proves that (1) there is an “essential nexus” between the dedication or payment and a legitimate government interest; and (2) the dedication or payment is “roughly proportional” both in nature and extent to the impact of the proposed use or development of such property. Consequently, under this part 2, a local government that requires a landowner to “dedicate real property to the public or pay money or provide services to a public entity in an amount that is determined on an individualized and discretionary basis” must first satisfy each prong of the Nollan/Dolan test. Wolf Ranch, LLC v. City of Colo. Springs, 220 P.3d 559 (Colo. 2009).
CO Code § 29-20-202 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 20 - Local Government Regulationof Land Use|Part 2 - Regulatory Impairment of Property Rights|§ 29-20-202. Definitions

 As used in this part 2, unless the context otherwise requires:    “Land-use approval” means any final action of a local government that has the effect of authorizing the use or development of a particular parcel of real property.    “Local government” has the same meaning as set forth in section 29-20-103 (1.5).     History. Source: L. 99: Entire part added, p. 587, § 1, effective July 1. L. 2001, 2nd Ex. Sess.: (2) amended, p. 30, § 5, effective November 6.
CO Code § 29-20-203 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 20 - Local Government Regulationof Land Use|Part 2 - Regulatory Impairment of Property Rights|§ 29-20-203. Conditions on Land-Use Approvals

  In imposing conditions upon the granting of land-use approvals, no local government shall require an owner of private property to dedicate real property to the public, or pay money or provide services to a public entity in an amount that is determined on an individual and discretionary basis, unless there is an essential nexus between the dedication or payment and a legitimate local government interest, and the dedication or payment is roughly proportional both in nature and extent to the impact of the proposed use or development of such property. This section shall not apply to any legislatively formulated assessment, fee, or charge that is imposed on a broad class of property owners by a local government.    No local government shall impose any discretionary condition upon a land-use approval unless the condition is based upon duly adopted standards that are sufficiently specific to ensure that the condition is imposed in a rational and consistent manner.     History. Source: L. 99: Entire part added, p. 587, § 1, effective July 1. L. 2001, 2nd Ex. Sess.: (1) amended, p. 30, § 6, effective November 6.    ANNOTATION   Law reviews. For article, “Recent Developments in Regulatory Takings”, see 28 Colo. Law. 83 (Nov. 1999).   Practical effects of this part 2 was to codify the test for regulatory takings announced by the United States supreme court in Nollan v. Cal. Coastal Comm'n, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994). These opinions established the presumption that a local government that conditions approval of a proposed development on an exaction of property effects a compensable taking. This presumption can be overcome only if the local government proves that (1) there is an “essential nexus” between the dedication or payment and a legitimate government interest; and (2) the dedication or payment is “roughly proportional” both in nature and extent to the impact of the proposed use or development of such property. Consequently, under this section, a local government that requires a landowner to “dedicate real property to the public or pay money or provide services to a public entity in an amount that is determined on an individualized and discretionary basis” must first satisfy each prong of the Nollan/Dolan test. Wolf Ranch, LLC v. City of Colo. Springs, 220 P.3d 559 (Colo. 2009).   City's decision to condition landowner's land-use permit on the payment of drainage fees falls outside of ambit of this part 2. Drainage fee assessed upon landowner by city falls under the exception of subsection (1) for legislatively formulated fees that are imposed upon a broad class of property owners. Wolf Ranch, LLC v. City of Colo. Springs, 220 P.3d 559 (Colo. 2009).
CO Code § 29-20-205 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 20 - Local Government Regulationof Land Use|Part 2 - Regulatory Impairment of Property Rights|§ 29-20-205. Limitation - Scope of Part

 Nothing in this part 2 shall be construed to affect the expressly granted land-use authority of any local government.   History. Source: L. 99: Entire part added, p. 589, § 1, effective July 1.
CO Code § 29-20-301 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 20 - Local Government Regulationof Land Use|Part 3 - Adequate Water Supply|§ 29-20-301. Legislative Declaration

  The general assembly:   Finds that, due to the broad regional impact that securing an adequate supply of water to serve proposed land development can have both within and between river basins, it is imperative that local governments be provided with reliable information concerning the adequacy of proposed developments' water supply to inform local governments in the exercise of their discretion in the issuance of development permits;    To that end, declares that while land use and development approval decisions are matters of local concern, the enactment of this part 3, to help ensure the adequacy of water for new developments, is a matter of statewide concern and necessary for the preservation of public health, safety, and welfare and the environment of Colorado;    Finds that it is necessary to clarify that, where a local government makes a determination whether an applicant for a development permit has demonstrated the proposed water supply is adequate to meet the needs of the development in accordance with the requirements of this part 3, the local government, in its sole discretion, not only makes the determination but also possesses the flexibility to determine at which stage in the development permit approval process the determination will be made; and    Further finds that it is also necessary to clarify that the stages of the development permit approval process are any of the applications, or any combination of the applications, specified in section 29-20-103 (1) as determined by the local government, and that none of the stages are intended to constitute separate development permit approval processes for purposes of section 29-20-303.        History. Source: L. 2008: Entire part added, p. 1559, § 2, effective May 29. L. 2013: (1)(c) and (1)(d) added, (SB 13-258), ch. 255, p. 1348, § 1, effective May 23.
CO Code § 29-20-302 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 20 - Local Government Regulationof Land Use|Part 3 - Adequate Water Supply|§ 29-20-302. Definitions

 As used in this part 3, unless the context otherwise requires:    “Adequate” means a water supply that will be sufficient for build-out of the proposed development in terms of quality, quantity, dependability, and availability to provide a supply of water for the type of development proposed, and may include reasonable conservation measures and water demand management measures to account for hydrologic variability.    “Water supply entity” means a municipality, county, special district, water conservancy district, water conservation district, water authority, or other public or private water supply company that supplies, distributes, or otherwise provides water at retail.     History. Source: L. 2008: Entire part added, p. 1560, § 2, effective May 29.
CO Code § 29-20-303 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 20 - Local Government Regulationof Land Use|Part 3 - Adequate Water Supply|§ 29-20-303. Adequate Water Supply for Development

  A local government shall not approve an application for a development permit unless it determines in its sole discretion, after considering the application and all of the information provided, that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate. A local government shall make such determination only once during the development permit approval process unless the water demands or supply of the specific project for which the development permit is sought are materially changed. A local government shall have the discretion to determine the stage in the development permit approval process at which such determination is made.    Nothing in this part 3 shall be construed to require that the applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application.     History. Source: L. 2008: Entire part added, p. 1560, § 2, effective May 29.    ANNOTATION   “Development permit” as referenced in subsection (1) of this section includes the situation where an amount of water exceeding the threshold set forth in § 29-20-103 (1)(b) is to be used for a different purpose. Hajek v. Bd. of County Comm'rs for Boulder, 2020 COA 28 , 461 P.3d 665.   Because landowner's operation included “new water use”, this section requires the board of county commissioners to consider whether the amount of water used exceeded the statutory threshold and thus whether the board had to review the application as a development permit under subsection (1). Because the board did not do so, it abused its discretion by approving landowner's application. Hajek v. Bd. of County Comm'rs for Boulder, 2020 COA 28 , 461 P.3d 665.
CO Code § 29-20-305 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 20 - Local Government Regulationof Land Use|Part 3 - Adequate Water Supply|§ 29-20-305. Determination of Adequate Water Supply

  The local government's sole determination as to whether an applicant has a water supply that is adequate to meet the water supply requirements of a proposed development shall be based on consideration of the following information:   The documentation required by section 29-20-304;    If requested by the local government, a letter from the state engineer commenting on the documentation required pursuant to section 29-20-304;    Whether the applicant has paid to a water supply entity a fee or charge for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development; and    Any other information deemed relevant by the local government to determine, in its sole discretion, whether the water supply for the proposed development is adequate, including, without limitation, any information required to be submitted by the applicant pursuant to applicable local government land use regulations or state statutes.        History. Source: L. 2008: Entire part added, p. 1562, § 2, effective May 29.
CO Code § 29-20-306 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 20 - Local Government Regulationof Land Use|Part 3 - Adequate Water Supply|§ 29-20-306. Cluster Developments - Inapplicability

 Nothing in this part 3 shall be deemed to apply to a rural land use process regarding the approval of a cluster development pursuant to part 4 of article 28 of title 30, C.R.S.   History. Source: L. 2008: Entire part added, p. 1562, § 2, effective May 29.
CO Code § 29-27-101 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 27 - Competition in Utility and Entertainment Services|Part 1 - Competition in Utility and Entertainment Services|§ 29-27-101. Legislative Declaration

  The general assembly hereby finds and declares that it is the policy of this state to ensure that cable television service, telecommunications service, and high speed internet access, otherwise known as advanced service, are each provided within a consistent, comprehensive, and nondiscriminatory federal, state, and local government framework.    The general assembly further finds and declares that:   There is a need for statewide uniformity in the regulation of all public and private entities that provide cable television service, telecommunications service, and advanced service.    Municipal ordinances, rules, and other regulations governing the provision of cable television service, telecommunications service, and advanced service by a local government impact persons living outside the municipality.    Regulating the provision of cable television service, telecommunications service, and advanced service by a local government is a matter of statewide concern.        History. Source: L. 2005: Entire article added, p. 1280, § 1, effective June 3.
CO Code § 29-27-102 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 27 - Competition in Utility and Entertainment Services|Part 1 - Competition in Utility and Entertainment Services|§ 29-27-102. Definitions

 As used in this article, unless the context otherwise requires:    “Advanced service” means high-speed internet access capability in excess of two hundred fifty-six kilobits per second both upstream and downstream.    “Cable television service” means the one-way transmission to subscribers of video programming or other programming service, as well as subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service.    “Local government” means any city, county, city and county, special district, or other political subdivision of this state.    “Private provider” means a private entity that provides cable television service, telecommunications service, or advanced service.    “Subscriber” means a person that lawfully receives cable television service, telecommunications service, or advanced service. A person that utilizes cable television service, telecommunications service, or advanced service provided by a local government for local governmental or intergovernmental purposes and is used by persons accessing government services is not a subscriber for purposes of this article.    “Telecommunications service” has the same meaning as set forth in section 40-15-102 (29), C.R.S.     History. Source: L. 2005: Entire article added, p. 1281, § 1, effective June 3.
CO Code § 29-27-103 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 27 - Competition in Utility and Entertainment Services|Part 1 - Competition in Utility and Entertainment Services|§ 29-27-103. Limitations on Providing Cable Television, Telecommunications, and Advanced Services

  Except as provided in this article, a local government shall not:   Provide to one or more subscribers cable television service, telecommunications service, or advanced service; or    Purchase, lease, construct, maintain, or operate any facility for the purpose of providing cable television service, telecommunications service, or advanced service to one or more subscribers.       For purposes of this article, a local government provides cable television service, telecommunications service, or advanced service if the local government provides the cable television service, telecommunications service, or advanced service to one or more subscribers:   Directly;    Indirectly by means that include but are not limited to the following:   Through an authority or instrumentality acting on behalf of the local government or for the benefit of the local government by itself;    Through a partnership or joint venture;    Through a sale and leaseback arrangement;       By contract, including a contract whereby the local government leases, sells capacity in, or grants other similar rights to a private provider to use local governmental facilities designed or constructed to provide cable television service, telecommunications service, or advanced service for internal local government purposes in connection with a private provider's offering of cable television service, telecommunications service, or advanced service; or    Through sale or purchase of resale or wholesale cable television service, telecommunications service, or advanced service for the purpose of providing cable television service, telecommunications service, or advanced service to one or more subscribers.       Nothing in this article shall be construed to limit the authority of a local government to lease to a private provider physical space in or on its property for the placement of equipment or facilities the private provider uses to provide cable television, telecommunications, or advanced services.     History. Source: L. 2005: Entire article added, p. 1281, § 1, effective June 3.
CO Code § 29-27-201 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 27 - Competition in Utility and Entertainment Services|Part 2 - Conditions for Providing Services|§ 29-27-201. Vote - Referendum

  Before a local government may engage or offer to engage in providing cable television service, telecommunications service, or advanced service, an election shall be called on whether or not the local government shall provide the proposed cable television service, telecommunications service, or advanced service.    The ballot at an election conducted pursuant to this section shall pose the question as a single subject and shall include a description of the nature of the proposed service, the role that the local government will have in provision of the service, and the intended subscribers of such service. The ballot proposition shall not take effect until submitted to the electors and approved by the majority of those voting on the ballot.     History. Source: L. 2005: Entire article added, p. 1282, § 1, effective June 3.
CO Code § 29-27-202 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 27 - Competition in Utility and Entertainment Services|Part 2 - Conditions for Providing Services|§ 29-27-202. Exemption for Unserved Areas

  A local government shall be exempt from the requirements of this part 2 and may engage or offer to engage in providing cable television service, telecommunications service, or advanced service if:   No private provider of cable television service, telecommunications service, or advanced service provides the service anywhere within the boundaries of the local government;    The governing body of the local government has submitted a written request to provide the service to any incumbent provider of cable television service, telecommunications service, or advanced service within the boundaries of the local government; and    The incumbent provider has not agreed within sixty days of the receipt of a request submitted pursuant to paragraph (b) of this subsection (1) to provide the service or, if the provider has agreed, it has not commenced providing the service within fourteen months of the receipt of the request.        History. Source: L. 2005: Entire article added, p. 1282, § 1, effective June 3.
CO Code § 29-27-301 (2021)
2021 Colorado Code|Title 29 - Government - Local|Article 27 - Competition in Utility and Entertainment Services|Part 3 - Compliance With Local, State, and Federal Regulations|§ 29-27-301. General Operating Limitations

  A local government that provides cable television service, telecommunications service, or advanced service under this article shall comply with all state and federal laws, rules, and regulations governing provision of such service by a private provider; except that nothing herein shall be construed to affect the jurisdiction of the public utilities commission with respect to municipal utilities.      A local government shall not make or grant any undue or unreasonable preference or advantage to itself or to any private provider of cable television services, telecommunications services, or advanced services.    A local government shall apply without discrimination as to itself and to any private provider the local government's ordinances, rules, and policies, including those relating to:   Obligation to serve;    Access to public rights-of-way;    Permitting;    Performance bonding where an entity other than the local government is performing the work;    Reporting; and    Quality of service.            History. Source: L. 2005: Entire article added, p. 1283, § 1, effective June 3.