Should Zoning/Planning be done in any manner that infringes upon your unalienable property rights?

The recently proposed LaPlata County (LPC) Land Use Code can regulate/restrict the property rights of all individual citizens who own property in the county. As the LPC Planning website states, “The Comprehensive Plan establishes goals and a policy framework for land use planning in LaPlata County; the Land Use Code is the regulatory tool for implementing that plan.”

In May of 2017, the Comprehensive Plan was rubber stamped without real input from the people. There was a process in 2011 where the county planners tried to implement a similar Comprehensive Plan and the people stood up and said “NO!” and the Planning Commission scrapped the plan. In 2017, the county just came back and put it in, anyhow. They told people not to worry since it is just an “advisory” document without any regulations; however the LUC is the regulatory side of it.

The proposed Land Use Code (LUC), with zoning sections, was rolled out in a manner that does not reflect the values of all areas of the county and is in direct violation of the Colorado Constitution where 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)

This “code” will now become the regulatory enforcement of the things in the Comprehensive Plan that they said was only “advisory” in nature. This LUC is a county wide HOA where the local government can tell property owners how to use their property.

Here is the new Land Use “Code” (i.e., regulation law) so that you can see how it will have an impact on what you can/can’t do on your own property:

• Rollout Announcement: http://lpccds.org/UserFiles/Servers/Server_1323669/Image/Government/BoCC/BOCC_column_1216.pdf

• Land Use Code Revision Project: http://www.co.laplata.co.us/government/news/what_s_new/land_use_code_revision_project

• Module 1 of the Proposed Land Use Code: http://www.co.laplata.co.us/UserFiles/Servers/Server_1323669/File/Government/Departments/Planning/LPC_LandUseCode_module1_112917.pdf

• The Latest News on the “Land Use Code Revision Project”: http://www.co.laplata.co.us/government/news/what_s_new/land_use_code_revision_project/

Now…
Compare that regulation “code” of over 100 pages to an opposite simple county plan from Baca County, Colorado where the local county government still protects the health, safety, and welfare of the people but does so in a manner which protects the property rights of their citizens.

https://www.bacacountyco.gov/wp-content/uploads/2016/02/Baca-Countys-pemit-policy-letter-signed.pdf

Instead of implementing a large, restrictive, top-down Land Use Code, wouldn’t it be more representative of the people to start with a pro-property rights code and then add only the necessary items to protect the public health, safety, and welfare?

As the “Evaluation of County Regulatory Process and Recommendations for Land Use Planning and Governmental Reform” report states, “Land use planning is an advisory governmental function whose objective is to forecast future infrastructure requirements in the incorporated regions of Colorado counties” so why are they trying to enforce a county-wide law that restricts your rights?

 

On 12/4/2018, Our organization presented the LPC Board of County Commissioners with this statement and resolution:

Statement:

Zoning in our modern world is the anti-thesis of property rights

Resolution:

Resolution to Protect LaPlata County Citizen’s Property Rights

 

*Please submit this request asking the Commissioners to consider this property rights resolution. This easy form is setup so that when you click the  “Sign Now” orange button, an email automatically gets sent to all 3 Commissioners. It does not share your information with any other 3rd party nor sign you up on any email lists. – Thank you!

 

Request for Commissioners to sign a Resolution to Protect La Plata County Citizen’s Property Rights

This petition is now closed.

End date: Dec 30, 2020

Signatures collected: 57

57 signatures

…or email the Commissioners on your own

Click on this link to listen to the first discussion of our Property Rights Resolution (22:47 mark)
on Dec. 12, 2018:

Here is our Summary of the Dec. 12 meeting and the 2nd Revision of the resolution. Property rights are granted as the “HIGHEST PRIORITY” in the structure of the Colorado State government (see file below):

If the La Plata County government believes that they have the power to infringe upon your Constitutionally property rights, then the Colorado Constitution also reminds them of how they must compensate for their “taking” of your property (Article II, Sections 14 & 15)