A Win for Conservation: Condemned Conservation Easement Property Compensation Becomes Law
New law protects State’s and public’s investment in conservation
June 9, 2022 – DENVER – On June 7, Colorado Governor Polis signed Condemned Conservation Easement Property Compensation (HB22-208) into law. The new law codifies valuation for conserved lands when they must be condemned, and ensures that the fair-market value of the property includes the value of the conservation easement.
The legislation requires that a condemned conservation easement be valued at the unencumbered rate in condemnation proceedings. This ensures that landowners and easement holders receive appropriate compensation for the taking and loss of conservation values.
“This new law protects the State’s and the public’s investment in conservation,” said Melissa Daruna, Keep It Colorado’s executive director. “This, in turn, allows for conservation values on additional lands to be protected and held to the public’s benefit,” Daruna added.
In addition to enabling landowners and easement holders to reinvest in future conservation and recapture conservation values lost to development, the new law removes any incentive to condemn conserved lands for the purposes of development. By contrast, without a change in the law, condemnation proceedings would result in a lower value placed on conserved properties than on unprotected lands, putting those conserved lands at risk for development – resulting in a net loss of conservation values.
The bill was sponsored by conservation champions Senator Faith Winter, Senator Cleave Simpson, Representative Dylan Roberts and Representative Mike Lynch. The full bill text is available here.
“We’re deeply grateful to our state legislators for their stalwart support and dedication to protecting and advancing conservation across Colorado,” said Daruna.
Keep It Colorado also tracked and supported the following conservation-related bills, which passed:
Safe Crossings for Colorado Wildlife and Motorists – SB22-151:
Supports additional wildlife crossings around the state.Disaster Preparedness and Recovery Resources – SB22-206:
Creates an office of disaster preparedness and rebuilding as well as an office of climate resiliency.Habitat Partnership Program – HB22-1072:
Secures future funding for the program and provides access to the program in areas without an established council, expanding opportunities for landowners in rural areas.Powerline Trail bill update – HB22-1104:
Ensures that local communities and landowners have information about opportunities for voluntary trail development under powerlines.Updates to State Forestry Service Tree Nursery – HB22-1323:
Provides additional resources to the Colorado state forestry nursery program.
For the second consecutive year, Keep It Colorado also worked with its legislative partners, the conservation community, state agencies and landowners to try to resolve issues from past disallowance of state tax credits. This year’s bill, SB22-119 – Conservation Easement Tax Credit, did not make it out of the second committee and was postponed indefinitely at the end of session. It would have established eligibility requirements for reinstated credits aimed at ensuring that those who were truly harmed would be reimbursed, and that those who took advantage of the system would not.
Keep It Colorado develops its policy priorities with input from coalition members, a leadership advisory council and partners. During the legislative session Keep It Colorado holds regular community policy calls, shares policy briefings with the membership and has ongoing conversations with legislators. At its annual Fall Policy Summit, members gather to set priorities for the upcoming legislative session. Information about Keep It Colorado’s policy priorities is available on its website.
Additional related resources are available on Keep It Colorado’s website:
A Big Win for Land Conservation: Conservation Easement Tax Credit Modifications Passes Into Law
Our 2021 Fact Sheet: Conservation Easement Enhancement and Rural Stimulus Act (HB21-1233)
The Conservation Easement Tax Credit: 20 Years of Conservation Success in Colorado
About Keep It Colorado
Keep It Colorado serves as a unified voice for conservation organizations focused on private lands conservation, and does so by bringing together land trusts, public agencies and conservation champions around a vision to create a Colorado where people, lands, waters and wildlife thrive. Keep It Colorado advocates for sound public policy; provides connection and collaboration opportunities for conservation partners; offers a forum to address emerging conservation issues and opportunities; pursues sustainable funding and programmatic tools and solutions; and works to advance a culture of conservation in Colorado. Learn more at www.keepitco.org.
###
