B773BCD2A59BBFEE87258512007427C4 Hearing Summary

The committee returned to order. Senator Rodriguez, prime sponsor, presented Senate Bill 20-157, concerning authorization for a municipality or county to charge fair market value for vacation of all or a portion of a public roadway. Senator Rodriguez explained the effect of the bill and discussed its need. Senator Rodriguez responded to questions regarding the scope of the bill in terms of local governments affected, and the position of the City and County of Denver on the bill.

Debra Ortega, representing herself, testified regarding SB 20-157. She discussed some circumstances associated with the intent of the bill.

Rafael Espinosa, representing himself, testified regarding SB 20-157. He discussed some instances of land transactions in Northwest Denver that highlight the need for the legislation. Mr. Espinosa responded to questions regarding ownership of the land on which a public road lays. Discussion ensued regarding why a municipality would vacate a right-of-way, and how the bill addresses such vacation by a municipality.

Discussion continued regarding circumstances under which the City and County of Denver has vacated public land to the benefit of developers, and the effect of SB 20-157 on such arrangements. Discussion followed regarding potential unintended consequences that might result from the bill's passage. Discussion turned to tax revenue that may be generated by the location of development on land vacated by a municipality, and the public benefit to be derived from vacated land. Mr. Espinosa and Ms. Ortega discussed the benefits of allowing a municipality to sell right-of-way properties rather than vacating them.

Ms. Ortega responded to questions regarding the position of Denver City Council on SB 20-157.

No amendments were offered to SB 20-157. Discussion ensued regarding the potential for amending the bill to apply it to only the City and County of Denver. Senator Rodriguez responded to questions regarding the positions of Colorado Counties, Inc., and the Colorado Muncipal League on the bill.