CO Code § 31-25-106 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 25 - Public Improvements|Part 1 - Urban Renewal|§ 31-25-106. Disposal of Property in Urban Renewal Area

  An authority may sell, lease, or otherwise transfer real property or any interest therein acquired by it as a part of an urban renewal project for residential, recreational, commercial, industrial, or other uses or for public use in accordance with the urban renewal plan, subject to such covenants, conditions, and restrictions, including covenants running with the land (and including the incorporation by reference therein of the provisions of an urban renewal plan or any part thereof), as it deems to be in the public interest or necessary to carry out the purposes of this part 1. The purchasers, lessees, transferees, and their successors and assigns are obligated to devote such real property only to the land uses, designs, building requirements, timing, or procedure specified in the urban renewal plan and may be obligated to comply with such other requirements as the authority may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real property required by the urban renewal plan. Such real property or interest shall be sold, leased, or otherwise transferred at not less than its fair value (as determined by the authority) for uses in accordance with the urban renewal plan. In determining the fair value of real property for uses in accordance with the urban renewal plan, an authority shall take into account and give consideration to the uses provided in such plan; the restrictions upon and the covenants, conditions, and obligations assumed by the purchaser or lessee; and the objectives of such plan for the prevention of the recurrence of slum or blighted areas. Real property acquired by an authority which, in accordance with the provisions of the urban renewal plan, is to be transferred shall be transferred as rapidly as feasible in the public interest consistent with the carrying out of the provisions of the urban renewal plan. Any contract for such transfer and the urban renewal plan (or such part of such contract or plan as the authority may determine) may be recorded in the land records of the county in such manner as to afford actual or constructive notice thereof.    An authority may dispose of real property in an urban renewal area to private persons only under such reasonable competitive bidding procedures as it shall prescribe or as provided in this subsection (2). An authority, by public notice by publication once each week for two consecutive weeks in a newspaper having a general circulation in the municipality, prior to the execution of any contract to sell, lease, or otherwise transfer real property and prior to the delivery of any instrument of conveyance with respect thereto under the provisions of this section, may invite proposals from and make available all pertinent information to any person interested in undertaking to redevelop or rehabilitate an urban renewal area or any part thereof. Such notice shall identify the area, or portion thereof, and shall state that such further information as is available may be obtained at the office designated in the notice. The authority shall consider all such redevelopment or rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out and may negotiate with any persons for proposals for the purchase, lease, or other transfer of any real property acquired by the authority in the urban renewal area. The authority may accept such proposal as it deems to be in the public interest and in furtherance of the purposes of this part 1; except that a notification of intention to accept such proposal shall be filed with the governing body not less than fifteen days prior to any such acceptance. Thereafter, the authority may execute such contract in accordance with the provisions of subsection (1) of this section and deliver deeds, leases, and other instruments and take all steps necessary to effectuate such contract.    An authority may temporarily operate and maintain real property acquired in an urban renewal area pending the disposition of the property for redevelopment without regard to the provisions of subsection (1) of this section for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan.    Anything in subsection (1) of this section to the contrary notwithstanding, project real property may be set aside, dedicated, and devoted by the authority to public uses which are in accordance with the urban renewal plan or set aside, dedicated, and transferred by the authority to the municipality or to any other appropriate public body for public uses which are in accordance with such urban renewal plan, with or without compensation for such property and with or without regard to the fair value thereof as determined in subsection (1) of this section, upon or subject to such terms, conditions, covenants, restrictions, or limitations as the authority deems to be in the public interest and as are not inconsistent with the purposes and objectives and the other applicable provisions of this part 1.     History. Source: L. 75: Entire title R&RE, p. 1165, § 1, effective July 1.    Editor's note:   This section is similar to former § 31-25-106 as it existed prior to 1975.   ANNOTATION   Trial court correctly held that plaintiff lacked standing to pursue claims alleging a violation of state Urban Renewal Law. A plaintiff has standing if he or she (1) incurred an injury in fact (2) to a legally protected interest, as contemplated by statutory or constitutional provisions. To satisfy the injury-in-fact prong of the controlling test for standing, the injury must be direct and palpable. A claimed injury that, as here, is presently speculative and that cannot be determined until a remote time in the future is not sufficiently direct and palpable to support a finding of injury in fact. To determine whether plaintiff has a legal interest that entitles her to judicial redress, court must consider whether Urban Renewal Law reflects a legislative purpose to confer such an interest. Court finds that general assembly did not intend to create a right in taxpayers to enforce the statute. Implying such a right in taxpayers is also inconsistent with the statutory scheme. Olson v. City of Golden, 53 P.3d 747 (Colo. App. 2002).   Urban renewal authority lacks statutory authority to condemn subject parcel of real property that is no longer subject to blight determination. Neither lake parcel nor Arvada marketplace parcel is subject to municipality's 1981 blight finding. Once the purpose of eliminating or preventing the spread of blight has been achieved, the urban renewal authority may no longer rely on a municipality's initial blight determination to condemn property because it can no longer exercise its condemnation powers in furtherance of a valid public purpose. Thus, the statutory basis for the urban renewal authority's power to condemn, the elimination of blight, is no longer present. Accordingly, where blight has been eliminated from a parcel that lies within an urban renewal area, an urban renewal authority no longer has any statutory basis to exercise its condemnation power over or for the benefit of that parcel. Arvada Urban Renewal Auth. v. Columbine Prof'l Plaza Ass'n, 85 P.3d 1066 (Colo. 2004).   Applied in Denver Urban Renewal Auth. v. Byrne, 618 P.2d 1374 (Colo. 1980); Thornton Development Auth. v. Upah, 640 F. Supp. 1071 (D. Colo. 1986 ).