The Colorado Supreme Court recently decided the case of Asmussen v. United States, which affects the determination of legal title to the land underlying abandoned railroad easements sometimes referred to as railroad “right-of-way” (please note that the term “right-of-way” can encompass fee simple interests held by railroads in addition to mere easements – this
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U.S. Supreme Court Finds Monetary Exactions, Impact Fees May Be Subject To Increased Scrutiny
By Otten Johnson on
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On June 25, the U.S. Supreme Court issued an opinion in the case of Koontz v. St. Johns River Water Management District with potentially noteworthy ramifications for property owners and developers. The decision provides some clarification in an area that has troubled various state and federal courts since the Supreme Court decided the duo…
Colorado Supreme Court Reverses Court of Appeals’ Interpretation of Colorado Trust Fund Statute
By Dimitri Adloff on
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Approximately two and a half years ago, I wrote about a broad interpretation placed on the Colorado trust fund statute by the Colorado Court of Appeals. In a 2010 decision titled AC Excavating, Inc. v. Yale, the court determined that an LLC manager’s voluntary injection of funds into the general business account of…
Lawmakers Kill Lawsuit Limits on Condo Defects
By Kaydee S. Myers on
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A proposed bill attempting to limit construction defects claims in transit-oriented developments died last week in the Colorado Senate Judiciary Committee by a vote of 2-3. The proposed Senate Bill 13-052 (“SB 52”) provided that a construction professional would have a right to repair any claimed defect in a transit-oriented development. The bill also would…
Bill Introduced in Colorado Legislature Authorizing Local Governments to Form Job Creation Districts
By Kimberly A. Martin on
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A bill that would create a mechanism for local governments in Colorado to form “job creation districts” is pending in the state legislature. House Bill 13-1212, to be known as the “Job Creation District Act of 2013,” provides for an economic development tool that would be available to local governments to financially participate in…