CON | Am. 74 would drown government in litigation — and hand taxpayers the tab
Colorado residents are going to be voting on a variety of important ballot measures next month. The one that is most troubling is Amendment 74. This suggested change to the Colorado Constitution would expose both the state and all local governments to untold legal exposure with unclear language referring to government regulations or actions which would “reduce” the “fair market value” of private property and subject taxpayers to “just compensation” to a private property owner. All types of ordinances and policies at the municipal level would be affected, like code enforcement, land use and zoning, licensing, and redevelopment.
What would it mean for taxpayers? You will be paying a lot of money for a number of frivolous and costly legal claims. Your taxes will go up, and essential services, like police and fire, will be reduced.
Why? The loosely worded language says that any state or local government regulation or law which “reduces” the “fair market value” of private property is subject to “just compensation.”
What exactly does this mean? No one really knows, and that’s the problem. There are no exceptions; no protections for health and safety; and no ability for our state legislature to revise the language. It’s a take-it-or-leave-it-proposition. The simplicity of the amendment’s text is only exceeded by its complexity. No one has a clear understanding of what these words mean. And when it’s in the Colorado Constitution, words definitely matter.
Read also: “PRO | Amendment 74 ensures just compensation, affirms property rights”
It will impact the services you receive: Think about some services your city or town provides for you: land use, affordable housing, liquor licensing, protecting neighborhood integrity, undertaking public improvements, enforcing environmental regulations, and code enforcement. Any type of decision your city council or town board makes will be affected because one individual decides it is in their self-interest to file one very expensive lawsuit to stop your local government from moving forward.
Every resident in your hometown will pay through increased taxes and strained budgets resulting in reduced services like fire and police. This is not a debate over property rights. Municipal leaders understand and value the importance of protecting private property.
This is not a debate about the oil and gas industry, even though certain companies may have had a hand in drafting and bankrolling this measure. We understand the industry and what it does for Colorado’s economy both in terms of jobs and tax revenues generated.
At its core, this is a debate about clarity and in the case of Amendment 74, the critical lack thereof.
Oregon approved a similar initiative in 2004. A few years later, voters there repealed the measure. Why? Over several billion dollars in claims were filed against the state or local governments. The taxpayers said enough. Let’s not make the same mistake in Colorado.


