“Free Counties” presented the LaPlata County Board of County Commissioners with a “Resolution to Protect LaPlata County Citizen’s Property Rights” on behalf of the citizens; however, we want every individual to be able to make this request so that the voices of the people of LPC are truly being heard.
Please read this resolution: (*Note this is version #2 of the resolution currently being considered)
Resolution to Protect La Plata County Citizen’s Property Right
(presented on behalf
of the citizens of La Plata County
from freecounties.com/zoning-planning)
The undersigned elected officials and community planners officially
engaged to create planning programs for La Plata County, do hereby agree to the
following:
• Planning involves and affects regulation of
private property rights.
• Individual
property ownership includes the right of usage
and is protected by the U.S. Constitution as well as the Colorado Constitution
(and subsequent Revised Statutes) with a basic foundation of inalienable rights
and individual liberty for all citizens, as defined in the Declaration of
Independence.
Recognizing these basic legal facts, we agree that all citizen’s
private property rights shall be placed in the highest priority
of consideration during the planning and zoning processes in La Plata County;
and, in the event that any part of the planning and zoning process or
recommendations resulting from the process shall potentially negatively impact
any property rights, property owners or the value of their private property,
those affected property owners shall:
a) Be
provided full, timely disclosure notifying the property owner or owners of the
potential that their private property rights may in some way be infringed or
the value of their private property may be thereby affected, and,
b) Be provided full disclosure outlining the
rights to be infringed upon, and
c) Be provided an opportunity to opt-out of
any rights’ infringing regulation or policy.
The Colorado Constitution was written in 1876 to protect
the citizen’s property rights when it states: “All persons have certain
natural, essential and inalienable rights among which may be reckoned the right
of enjoying and defending their lives and liberties; of acquiring, possessing,
and protecting property; and of seeking and obtaining their safety and
happiness.” (Article
II Bill of Rights, Section 3)
Furthermore, in the event of property loss or usage by the private
land owner due to planning restrictions or zoning changes, the affected private
property owner shall be fully compensated as a result of such zoning or other
related restrictions on the fair legal use of his property according to Article II Bill of
Rights, Section 14 “Taking
private property for private use. Private
property shall not be taken for private use unless by consent of the owner,
except for private ways of necessity, and except for reservoirs, drains, flumes
or ditches on or across the lands of others, for agricultural, mining, milling,
domestic or sanitary purposes. And Section 15 “Taking property for
public use compensation, how ascertained. Private
property shall not be taken or damaged, for public or private use, without just
compensation.
Further, affected property owners shall be notified of the
potential impairment to their rights and their individual written approval
required before engaging in any of the following:
a) Reconfiguration of zoning that intensifies
or in any way adds restrictions to existing rights,
b) Implementation of conservations easements
or Trading of Development Rights,
c) Acceptance of grant money by the above named government entity or their assigned planners, whether from non-profit organizations, governmental or private funding sources. Finally, it is agreed that no government representatives or their assigned planning agents, will come on to private property for any planning purpose without the written consent of the owner
Signed: (Elected Officials):
County Commissioner: ___________________________________________________
County
Commissioner: ___________________________________________________
County
Commissioner: ___________________________________________________
Signed: (Community Planners):
(County Attorney): ___________________________________________________
(County Manager): ___________________________________________________
(Planning Director): ___________________________________________________
(Planning Commission Chair): ___________________________________________________
If you want the BOCC to agree to protecting your property rights, please go to https://freecounties.com/zoning-planning/ and sign the request form asking them to sign this resolution.
(presented on behalf
of the citizens of La Plata County
