Colorado Land Planning and Development Law is written and updated by Colorado experts on land planning, edited by Donald Elliott of Clarion Associates, and published in association with the American Planning Association – Colorado Chapter.

This book comes with a fully searchable CD that contains the complete text of the book, plus relevant Colorado statutes and rules.

Now in its eighth edition, Colorado Land Planning and Development Law reviews relevant law for private and public planners, planning commissioners, government officials, consultants, and lawyers who work in the area of land use planning, development, and redevelopment in Colorado. Intended as a guide to help professionals avoid legal problems and evaluate the seriousness of potential legal concerns, this book is filled with easy-to-follow case summaries and statutes addressing land use issues. While this book focuses on Colorado land use law, some influential decisions from other jurisdictions and federal decisions have also been included.

What’s NEW in the 8th Edition:

Includes Colorado court land use decisions from 2006-2008 addressing:

• Use of eminent domain to acquire open space outside municipal boundaries.
• Public utilities commission powers in home rule municipalities.
• Local powers to adopt land use moratoria.
• Local control over mining techniques and impacts.
• Requirements for vehicle access to platted lots.
• Validity of development impact fees.
• Historic landmark designations.
• Updates federal court decisions on the constitutionality of limits on religious land uses.

Includes new Colorado land use legislation from 2006-2008 addressing:

• Local government powers to make adopted plans binding rather than advisory.
• Required documentation of adequate water supply for subdivisions.
• Limits on municipal fees for solar energy devices.
• Restrictions on the use of eminent domain powers.
• Revisions to the Colorado Oil and Gas Conservation Act.
• Addresses emerging trends in form-based and mixed-use zoning.

Includes expanded discussion of complex Colorado land use topics, including:

• Eminent domain.
• Annexation.
• Special districts.
• Local approaches to greenhouse gas reduction.

The companion CD contains the text of the book and selected portions of the Colorado Revised Statutes in searchable PDF format.

INTRODUCTION
CHAPTER 1: PLANNING by Catherine A. Hance, Esq. and Melinda M. Wiggins, Esq.
§ 1.1 Introduction
§ 1.2 Statutory Municipalities
§ 1.3 Statutory Counties
§ 1.4 Intergovernmental Cooperation
§ 1.5 State-Level Planning
§ 1.6 Land Planning and the Environment

CHAPTER 2: ZONING by Thomas J. Ragonetti, Esq., James T. Johnson, Esq., Kimberly A. Martin, Esq., Kaydee C. Smith, Esq., R. Michael Shomo, Esq., and Keirstin K. Beck, Esq.
§ 2.1 Introduction
§ 2.2 Historical Development of Zoning
§ 2.3 Purpose of Zoning
§ 2.4 The Nature of Zoning
§ 2.5 The Authority to Zone
§ 2.6 Limitations on Zoning Powers
§ 2.7 Nonconforming Uses, Structures, and Lots
§ 2.8 Solutions to Specific Zoning Problems
§ 2.9 Review of Zoning Decisions
§ 2.10 Initiative/Referendum
§ 2.11 Enforcement
CHAPTER 3: PLANNED UNIT DEVELOPMENTS by Donald L. Elliott, Esq.
§ 3.1 Introduction
§ 3.2 Authority for Planned Unit Developments
§ 3.3 Statutory Requirements of a PUD Enabling Ordinance
§ 3.4 Additional Requirements Permitted in a PUD Enabling Ordinance
§ 3.5 Sufficiency of Local Government’s Ordinance or Resolution
§ 3.6 Common Open Space
§ 3.7 Procedure for Approval of a PUD Plan
§ 3.8 Recording of PUD Not Required
§ 3.9 Modifications and Amendments to PUDs
§ 3.10 Enforcement of PUD Plans
§ 3.11 Challenge to PUD Enabling Ordinance
§ 3.12 Challenges to Individual PUD Rezoning Ordinances
CHAPTER 4: SUBDIVISION by Malcolm M. Murray, Esq.
§ 4.1 Introduction
§ 4.2 Subdivision Plat
§ 4.3 Subdivision as a Land Use Regulatory Tool
§ 4.4 Subdivision Exemptions
§ 4.5 Power to Regulate Sale of Subdivision Lots
§ 4.6 Dedication Requirements
§ 4.7 Defective Plats, Notice and Intention
§ 4.8 Subdivision Plats With Deeded Streets
§ 4.9 Streets Acquired Under C.R.S. §§ 31-2-106 to 31-2-109
§ 4.10 Plat Amendment and Recordation
§ 4.11 Merger of Subdivided Lots

CHAPTER 5: STREETS AND ACCESS CONTROL by Malcolm M. Murray, Esq.
§ 5.1 Introduction
§ 5.2 Designation of Public Streets and Roads
§ 5.3 Access Control to Public Streets and Roads
CHAPTER 6: EXACTIONS, DEDICATIONS,  IMPACT FEES, AND REGULATORY TAKINGS by Eric Heil, Esq. and Heidi Anderson, Esq.
§ 6.1 Introduction
§ 6.2 The Basic Exaction Tools
§ 6.3 Authority for Exactions and Impact Fees
§ 6.4 Calculation of Land Dedications and Impact Fees
§ 6.5 Management of Collected Impact Fees
§ 6.6 Case Law on Exactions and Impact Fees
§ 6.7 Regulatory Takings
CHAPTER 7: VESTED RIGHTS by Gerald E. Dahl, Esq.
§ 7.1 Introduction
§ 7.2 Types of Vested Rights
§ 7.3 Common Law Vested Rights
§ 7.4 Statutory Vested Rights
CHAPTER 8: ANNEXATION by Gerald E. Dahl, Esq.
§ 8.1 Introduction
§ 8.2 Sources of Colorado Annexation Law
§ 8.3 Municipal Annexation Act of 1965
§ 8.4 Other Statutory Procedures
§ 8.5 Special Annexation Considerations
CHAPTER 9: SPECIAL DISTRICTS, IMPROVEMENT DISTRICTS, INTERGOVERNMENTAL AUTHORITIES, AND PUBLIC IMPROVEMENT CORPORATIONS by Norman F. Kron, Jr., Esq., AICP
§ 9.1 Introduction
§ 9.2 Common Types of Districts and their Features
§ 9.3 Specific Characteristics of Certain Districts
§ 9.4 Intergovernmental Authorities
§ 9.5 Public Improvement Corporations or Public Building Authorities
§ 9.6 Case Law

CHAPTER 10: URBAN REDEVELOPMENT  AND PUBLIC HOUSING by Paul C. Benedetti, Esq.
§ 10.1 Urban Renewal Authorities
§ 10.2 Downtown Development Authorities
§ 10.3 Rehabilitation Act of 1945
§ 10.4 Relocation Assistance and Land Acquisition Policies
§ 10.5 Public Mall Act of 1970
§ 10.6 Housing Authorities
§ 10.7 Colorado Housing Act of 1970
§ 10.8 Colorado Housing And Finance Authority

CHAPTER 11: HISTORIC PRESERVATION by Gilbert F. McNeish, Esq.
§ 11.1 Introduction
§ 11.2 National Legislation
§ 11.3 Colorado Legislation
§ 11.4 Local Activities
§ 11.5 Constitutional Challenges to Historic Preservation Ordinances
§ 11.6 Transferable Development Rights as an Aid to Historic Preservation
§ 11.7 Methods for Creating Facially Valid Historic Preservation Regulations
§ 11.8 Other Related Laws and Issues
CHAPTER 12: OVERVIEW OF  ENVIRONMENTAL PROTECTION ISSUES by Ronda L. Sandquist, Esq.
§ 12.1 Introduction
§ 12.2 Federal Initiatives
§ 12.3 State Regulatory Systems

Donald L. Elliott is a senior consultant with Clarion Associates of Colorado, LLC, a land use consulting firm with offices in Denver, Chapel Hill, Chicago, Cincinnati, and Philadelphia. His practice focuses on land planning and zoning, growth management, and international land and urban development issues. He is the author of A Better Way to Zone and a co-author of The Citizens Guide to Planning. Don is a past chairman of the Planning and Law Division of the American Planning Association and a Fellow of the American Institute of Certified Planners.

CONTRIBUTING AUTHORS:
Keirstin K. Beck, Esq., Packard & Dierking, LLC
Paul C. Benedetti, Esq., Attorney at Law
Gerald E. Dahl, Esq., Murray Dahl Kuechenmeister & Renaud LLP
Catherine A. Hance, Esq., Davis Graham & Stubbs LLP
Eric J. Heil, Esq., A.I.C.P., Widner Michow & Cox, LLP
Heidi Anderson, Esq., Reliance Legal Services, LLC
James T. Johnson, Esq., Otten, Johnson, Robinson, Neff and Ragonetti, P.C.
Norman F. Kron, Jr., Esq., AICP, Grimshaw & Harring, P.C.
Kimberly A. Martin, Esq., Otten, Johnson, Robinson, Neff and Ragonetti, P.C.
John McGrath, Esq., Capmark Finance, Inc.
Gilbert F. McNeish, Esq., Grimshaw & Harring, P.C.
Malcolm M. Murray, Esq., Murray Dahl Kuechenmeister & Renaud LLP
Thomas J. Ragonetti, Esq., Otten, Johnson, Robinson, Neff and Ragonetti, P.C.
Ronda L. Sandquist, Esq., Jackson Kelly, PLLC
R. Michael Shomo, Esq., Archstone-Smith
Kaydee C. Smith, Esq., Otten, Johnson, Robinson, Neff and Ragonetti, P.C.
Melinda M. Wiggins, Esq., Davis Graham & Stubbs LLP

Format: 7x10", softcover with CD
Copyright: 2009
Pages: 316
ISBN: 978-1-932779-63-3
Publisher: Bradford Publishing Co.