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Denver City Council Eyes Changes to Slow Gas Station Development

Last week, Denver City Councilmembers Amanda Sawyer, Diana Romero Campbell and Paul Kashmann announced a proposed amendment to the Denver Zoning Code to prohibit new gas stations within a quarter mile from light rail stations...more

Colorado Passes Six Land Use Bills Designed to Spur Development and Affordable Housing

Six land use bills passed the Colorado legislature before it adjourned, five of which Gov. Jared Polis has signed into law as of the date of publication. These bills will bring changes to housing development in Colorado with...more

U.S. Supreme Court: Takings Clause Applies to Impact Fees on New Development

The Sheetz v. County of El Dorado decision will create uncertainty in California, Arizona, Nevada, Colorado and many other states as cities, counties, developers and property owners reexamine whether existing impact fee...more

Unlocking Tax Increment Finance for Counties via County Revitalization Authorities

Counties in Colorado may soon have a new way to take advantage of tax increment financing (“TIF”). Currently, there are only two ways to leverage TIF in Colorado: establishment of an urban renewal authority (“URA”) or...more

Transit-Oriented Communities Bill Targets Housing Access through State Intervention

House Bill 24-1313 was introduced by Colorado House Reps. Steven Woodrow (D-Denver) and Iman Jodeh (D-Arapahoe) along with state Sens. Chris Hansen (D-Denver) and Faith Winter (D-Adams). HB24-1313 represents a “top-down”...more

Colorado Supreme Court Ruling Alters Landscape for Urban Renewal

Late last month, the Colorado Supreme Court dealt a blow to the ability of urban renewal authorities in Colorado to collect revenues generated by the adoption of an urban renewal plan. In Kaiser v. Aurora Urban Renewal...more

Land Use Bill Could Change How Local Governments Review New Housing Projects

Colorado Gov. Jared Polis’ wide-ranging land use bill targeting housing affordability was introduced on March 22, 2023, as SB 23-213, sponsored by Sen. Dominick Moreno (D-Adams) and Reps. Iman Jodeh (D-Arapahoe) and Steven...more

Dramatic Metro District Reform Placed on Hold in Favor of Modest Reform

In the latest development in the ongoing struggle between opponents of Colorado metropolitan districts and the developers who use them to finance infrastructure and other public works projects, the Senate Local Government...more

Metro District Legislation, Lawsuits Could Radically Impact New Development in Colorado

For the second straight year, metropolitan district reform legislation is moving through the Colorado House of Representatives. If the proposed legislation passes—or if resident-controlled metropolitan district boards set new...more

Public Meetings in the Front Range During the Covid-19 Outbreak

Throughout Colorado, public meetings of virtually all types are being disrupted by the outbreak of COVID-19. In light of the state’s restrictions on public gatherings, many local governments in the Front Range have had to...more

Building Inspections in the Denver Metro Area During the COVID-19 Outbreak - Updated April 2020

As counties and municipalities react to the outbreak of COVID-19, the typical development process is disrupted. Some jurisdictions have chosen only to suspend building inspections of the interior of occupied residential...more

Building Inspections in the Denver Metro Area During the COVID-19 Outbreak

As counties and municipalities react to the outbreak of COVID-19, the typical development process is disrupted. Some jurisdictions have chosen only to suspend building inspections of the interior of occupied residential...more

Can State and Local Government Seize Your Private Property During a Global Pandemic?

Hotels, parking lots, convention centers and sports fields throughout the world are being used as field hospitals and to otherwise house people suffering from the effects of COVID-19. For example, one hotel in Hong Kong has...more

Proposed Initiative Would Limit Residential Growth on Front Range

An unprecedented number of citizen-initiated ballot measures are making their way through Colorado’s process in advance of the Nov. 3, 2020, election. To date, 257 ballot measures have been submitted for the 2019-2020...more

Colorado Enacts Anti-SLAPP Law

Following the Lead of Many Other States in the Nation, Colorado Passes Its Own Robust Statute to Curb Retaliatory Litigation for Speaking Out on Public Issues - Strategic Lawsuits Against Public Participation (“SLAPP”)...more

Repeal on Statewide Ban on Rent Control Introduced in Colorado Senate

Due to a multifaceted and diverse economy, and a corresponding influx in available jobs, Colorado has experienced tremendous growth over the last 10 years as the state’s population has increased by more than 13 percent since...more

When Are Tax Increment Revenues Federally Taxable?

Tax increment financing (“TIF”) has had a long and effective history in Colorado. In many cities and towns throughout Colorado, TIF has successfully been used to help remediate environmental issues and spur development in...more

Colorado Bills that Could Affect Development in 2019

The 2019 Colorado General Assembly has only been in session for a few weeks, but bills are already pending or in the works that may affect real property and development. Here, we discuss a few of the most impactful. For more...more

10th Circuit Issues Revised Opinion Clarifying When Individual Notice of Blight Determination Required

As we discussed in a previous alert, on May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property...more

10th Circuit Holds Colorado’s Urban Renewal Statute Violates Due Process in M.A.K. Investment Group v. City of Glendale

On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined...more

Landmark Colorado Supreme Court Decision Provides Clarity for Metropolitan Districts

On Monday, the Colorado Supreme Court issued its opinion and ruling in UMB Bank v. Landmark Towers Association, 2016SC455, holding that a challenge to the results of a TABOR election brought by a homeowner’s association years...more

Denver Green Roof Initiative Passed by Denver Voters

By a narrow margin, on Nov. 7, 2017, Denver voters approved a Citizen Ballot Initiative (“Initiative”) that mandates green roofs on all new buildings with over 25,000 square feet of floor area. The Initiative also requires...more

Colorado Supreme Court Hears Oral Arguments in Case That Could Pose Threat to Metropolitan Districts

On September 20, 2017, the Colorado Supreme Court heard oral arguments in UMB Bank v. Landmark Towers Association, 2016SC455. The case was brought by the homeowner’s association of a condominium development regarding a TABOR...more

District Court Invalidates Wheat Ridge Anti-TIF Initiative

On September 8, 2017, a Jefferson County District Court ("Court") essentially struck down Ballot Question 300 (“BQ300”), approved by the Wheat Ridge ("the City") voters on November 3, 2015. The ballot question was an...more

Urban Renewal Applicability Bill Provides Certainty to Urban Renewal Community; Plus Two Other Urban Renewal Bills

On Friday, March 31, more than a year of ongoing discussions and negotiations among urban renewal stakeholders came to fruition with the introduction by Colorado State Sens. Rachel Zenziger (D – Arvada) and Beth Martinez...more

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