SB 22-208

Senate Bill 22-208, now signed into law, ensures that when a government takes over land with a conservation easement through eminent domain (the power to take private property for public use), the compensation paid must reflect what the land would be worth without the conservation restrictions. This means both the landowner and the organization holding the conservation easement will receive fair payment based on their share of ownership and rights. The law affects anyone who owns land with a conservation easement in Colorado and is now active since it has been signed by the governor.

Official Summary

The act specifies that if property encumbered by a conservation easement in gross is condemned through an eminent domain proceeding, and, as a result of the condemnation, the condemning authority is acquiring such property free and clear of the conservation easement interest or subordinating the deed of conservation easement to such acquired property interest, just compensation must be determined based on the value of the property as if unencumbered by the conservation easement in gross. The compensation must be allocated between the fee owner and the holder of the conservation easement based upon the value of their respective interests in the property. (Note: This summary applies to this bill as enacted.)

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