HB 1107 Headed to the House

Colorado House Bill 1107 has passed out of the House Agriculture, Livestock and Natural Resources Committee and is now on to a full House after a resounding 13-0 vote on Tuesday.  The Farm Bureau stands behind the bill’s sponsor, Rep. Randy Fischer, in support.  The bill, entitled Urban Renewal Area Ag Lands, is summarized below:

This bill prohibits any area that has been designated as an urban renewal area from containing any agricultural land unless:

  • the agricultural land is a brownfield site as designated by the United States environmental protection agency;
  • the area containing the agricultural land is at least two-thirds contiguous with urban-level development and at least one-half of the area consists of urban-level development that is determined to constitute a slum or blighted area;
  • the agricultural land is an enclave within the territorial boundaries of a municipality and the entire perimeter of the enclave has been contiguous with urban-level development for a period of not less than 3 years;
  • each public body that levies an ad valorem property tax on the agricultural land agrees in writing to the inclusion of the agricultural land within the urban renewal area;
  • or the agricultural land was included in an approved urban renewal plan prior to the effective date of the bill.

Also, where agricultural land is included within an urban renewal area, the county assessor is required to value the agricultural land at its fair market value solely for determining the base amount of taxes to be paid to the public bodies without consideration of the tax increment. This bill does not affect the actual classification of agricultural land for property tax purposes. It expands the grounds allowing counties to challenge information contained in urban renewal impact reports.

The bill requires urban renewal plans to include a legal description of the urban renewal area, including the legal description of any agricultural land proposed for inclusion within the urban renewal area.  The county assessor has 30 days to file against the urban renewal plan. The municipality may then file an action in state district court for an order determining the inclusion of the land.

Farm Bureau supports the measure.

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