Rose Mary Knick in front of the Supreme Court. Source: Philadelphia Inquirer.

On Friday, the U.S. Supreme Court issued its opinion in Knick v. Township of Scott, in which the Court ruled that a plaintiff in a takings claim need not first exhaust state-court remedies before bringing the claim before a federal court.  The decision, addressing a largely procedural matter, is expected to lead to an increase in federal court litigation involving takings issues, and likely increases the chances that local governments may be required to compensate landowners where regulation devalues private property.
Continue Reading Supreme Court Rules That Takings Claims Can Be Brought In Federal Court, Reversing 30-Year-Old Precedent

With the 72nd General Assembly in full swing at the state capitol, we’ve selected ten bills (out of 261 proposed, as of January 27) that may be of interest to property owners and real estate developers.  They run the gamut from landlord-tenant law to campaign finance, special districts, and reform to the state’s conservation easement program.
Continue Reading 2019 Colorado Legislative Update

Update: Since the drafting of this post, the below rules were approved and adopted. The final rules will take effect on April 10, 2019.

Homeowners operating short-term housing rentals in Denver will soon have a few more boxes to check prior to renting out their homes on popular hosting platforms such as Airbnb and VRBO.

While operators of short-term rentals are already required to be licensed by the City and County of Denver, new rules regarding the operation of short-term rentals in Denver are expected to be enacted next month, according to the Department of Excise and Licenses.
Continue Reading New Rules Expected in February Impacting Denver Short-Term Rentals

The Colorado Court of Appeals recently upheld a land exchange between the City of Colorado Springs and the Broadmoor Hotel. The court’s decision in Save Cheyenne v. City of Colorado Springs affirms the broad power of home‑rule municipalities to “purchase, receive, hold and enjoy or sell and dispose of” property according to the dictates of their charters and ordinances. 
Continue Reading Save Cheyenne v. City of Colorado Springs: What, if anything, has changed about the power of home rule municipalities in Colorado to alienate public park land?

We’ll start in Boulder and with commercial development. In February, the Boulder City Council directed city staff to draft an ordinance that would raise the city’s affordable housing linkage fee on new commercial development from $12 per square foot to $25, $30, or $35 per square foot.  Boulder’s current $12 linkage fee is the highest such fee of any city in the country between the two coasts, with Palo Alto the highest in the country at $35.  Even so, City Council members expressed that the current fee is still low enough vis-a-vis fees on residential development to incentivize commercial development over residential development. And more commercial development without new housing only exacerbates the city’s acute jobs-housing disequilibrium. 
Continue Reading Boulder County Municipalities Look to Double Affordable Housing Linkage Fees