NEPA is strictly a procedural statute.
Colorado Dirt Law
By Attorney Jeff Cullers
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Latest from Colorado Dirt Law
Key HOA Documents and Concepts
Homeowners associations are governed by various documents that can confuse owners and even HOA board members. The nature of the HOA itself is often misunderstood. Here is a primer:
Common Interest Community. Colorado law uses the term “common interest community.” It comes from Colorado’s main statute regarding HOAs, called the “Colorado Common Interest Ownership Act,”…
I Want to Dissolve my HOA
Terminating an HOA is almost impossible.…
Lawsuits Fighting Local Land Use Decisions in Colorado are Now More Risky
It is quite common in Colorado for major (or even minor) housing developments to face intense opposition from existing residents. For example, check out the “Sanctuary on the Green” project that would bring much-needed housing to Fort Collins, CO. The project has been mired in controversy since first proposed in 2018. In 2022,…
New Liability Protections for Landowners Under Colorado Recreational Use Statute
Colorado attempts to encourage private landowners to allow recreational use of their property via a new law.…
Does “Intent” Matter for Prescriptive Easements Under Colorado Law?
For an easement by prescription, the claimant’s knowledge or state of mind does not matter.…
Did Colorado’s Legislature Advance or Roll Back Property Rights this Year?
Examples of how the Colorado legislature’s efforts to tackle high housing prices in 2024 advance property rights.…
High Housing Costs? Blame Colorado’s Land Use Codes
In Colorado, escalating housing prices are well-documented. A lot of blame gets placed on investors buying houses for cash, making it harder for ordinary people to acquire their first home. However, the fundamental problem is simply a matter of economics – Colorado’s population is rising faster than new housing is built, and so prices go…
Colorado Adopts “For Cause” Eviction
On Friday April 19, 2024, Governor Polis signed HB24-1098, titled “Cause Required for Eviction of Residential Tenant.” This law concerns what happens at the end of a residential lease. Under prior law, not renewing the lease is a reliable way for landlords to end the relationship and evict a tenant if necessary. “Breaking up” is…
The End of “U+2”
On Monday, April 15, 2024, Governor Polis signed House Bill 24-1007 (HB 24-1007). This new law prohibits local governments from imposing occupancy limits on housing based on familial relationships.
To see the full act, click below:
2024a_1007_signed.pdf (colorado.gov)
Now, local governments in Colorado can only limit the occupancy of housing stock based on health and…