AMENDMENT 74 (formally known as Initiative 108): Protecting Private Property Rights

Information on the Initiative

Amendment 74 seeks to address the "takings clause" of the constitution. Allowing mineral owners, and other owners of private property, to hold local and state governments accountable if they devalue private property.

Facts about Amendment 74:

  • The initiative is heavily funded by the Colorado Farm Bureau and Protect Colorado.
  • Current law only allows private property owners to sue if their property has been devalued by at least 90 percent. 
  • 209,000 signatures were gathered and turned into the Secretary of States Office, breaking the Colorado record for most signatures previously held by the proponents of changing the minimum wage law.
  • If passed, property owners are required to prove that the devaluation of their property was a result of government action.

Sources/Media Coverage of Amendment 74

Here's What's Behind the Clashing Ballot Measures Over Oil and Gas Development

August 30, 2018: Grace Hood explains Initiative 97 & Amendment 74.

LISTEN HERE

Oil And Gas-Funded 'Just Compensation' Amendment Makes 2018 Ballot

August 28, 2018 by Grace Hood

"If it’s a local zoning rule in question, then the financial burden would fall on the city or county that passed the rule. Another potential example would be Initiative 97, a proposed 2,500 foot setback between oil wells and homes. If voters approve both the new setback and 74 this November, then the state would be on the hook for perceived losses by oil and gas developers and drillers if the setbacks prevent access to deposits. Initiative 97 is still awaiting an announcement from the Colorado Secretary of State to see if the measure will make the ballot.

“What this will do is force courts to look specifically at the economic damage component that is set so high. When the bar is set around 90 percent we just think that’s unfair and it’s too high,” Vorthmann said."

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