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| Gas Wells anywhere Colorado |
Colorado General Assembly Members and Governor Jared Polis who supported SB19-181,
are on record for knowingly initiating
"Takings Without Just Compensation."
In 2018, Colorado Voters soundly defeated Proposition 112; a proposition presented by anti-energy entities, for a minimum distance requirement for new oil, gas and fracking projects. Colorado's Democrat House and Senate Majority, led by Democrat Governor Jared Polis refused Coloradans vote against 112, by immediately forming SB19-181; a bill that would push forward anti-energy entities goal of crippling Colorado's Energy Production.
SB19-181 Sponsors Senator Stephen Fenberg and Representative KC Becker, General Assembly Members who voted YES, and Governor Jared Polis who signed SB19-181 are on record for knowingly initiating "takings without just compensation."
If you are a Gas, Oil and Mineral Rights Owner (GOMRO) who's been denied opportunity to exercise your property rights, and or are realizing a decrease in your royalties due to passage of SB19-181, please know that said "denial" and "royalty decrease" constitute the unlawful action of "takings without just compensation."
GOMRO's were continuously approached by entities who expressed interest in lawfully "purchasing" Gas, Oil and Mineral Rights. But rather than trying to purchase GOMR's, General Assembly Members and Governor Polis deployed SB19-181 to seize (take without compensating) GOMR's.
Bill supporters liked the fact that SB19-181 was rife with "interferences with property rights." Coloradans are now realizing negative economic impacts of SB19-181. Job losses, devaluation of GOM shares, denied use and physical invasions of private property are just some of the negative economic impacts.
Bill supporters refused inclusion of, "Just Compensation" to Gas, Oil and Mineral Rights Owners, conjoining parties, community, County and Tribe.
Because Governor Polis and General Assembly Members were made aware of the possible negative consequences of SB19-181, they charged forward anyway. Therefore, Colorado Property Owners can claim "Governor Polis and General Assembly Members who supported SB19-181, knowingly initiated takings without just compensation."
GOMRO's, YOU have a right to seek remedy from those on record as responsible for your losses.
Instead of bitching, name calling and whining, here's a real remedy suggestion: Quietly and politely send SB19-181 Yes voting General Assembly Members and Governor Jared Polis, a bill for your losses. Have your spread sheets available as back up proof of losses.
If you are a Gas, Oil and Mineral Rights Owner (GOMRO) who's been denied opportunity to exercise your property rights, and or are realizing a decrease in your royalties due to passage of SB19-181, please know that said "denial" and "royalty decrease" constitute the unlawful action of "takings without just compensation."
GOMRO's were continuously approached by entities who expressed interest in lawfully "purchasing" Gas, Oil and Mineral Rights. But rather than trying to purchase GOMR's, General Assembly Members and Governor Polis deployed SB19-181 to seize (take without compensating) GOMR's.
Bill supporters liked the fact that SB19-181 was rife with "interferences with property rights." Coloradans are now realizing negative economic impacts of SB19-181. Job losses, devaluation of GOM shares, denied use and physical invasions of private property are just some of the negative economic impacts.
Bill supporters refused inclusion of, "Just Compensation" to Gas, Oil and Mineral Rights Owners, conjoining parties, community, County and Tribe.
Because Governor Polis and General Assembly Members were made aware of the possible negative consequences of SB19-181, they charged forward anyway. Therefore, Colorado Property Owners can claim "Governor Polis and General Assembly Members who supported SB19-181, knowingly initiated takings without just compensation."
GOMRO's, YOU have a right to seek remedy from those on record as responsible for your losses.
Instead of bitching, name calling and whining, here's a real remedy suggestion: Quietly and politely send SB19-181 Yes voting General Assembly Members and Governor Jared Polis, a bill for your losses. Have your spread sheets available as back up proof of losses.
___________________________________________________
Notice sent to Colorado General Assembly - March 3, 2019
Please vote no on SB19-181.
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and gas mineral extraction areas, only if the Colorado oil and gas conservation commission (commission) has identified a specific area for designation.
leg.colorado.gov
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Right out of the chute, this bill violates "Section 21 of article V of the Colorado Constitution requires that the subject matter of a bill be "clearly expressed in its title..." and that the bill
contain only one subject. The title must also state the purpose of the bill. This means the title must accurately reflect the substance of the bill without being so broad as to violate the Constitution's single-subject requirement."
The subject > CONCERNING ADDITIONAL (more than one subject) PUBLIC WELFARE
(ambiguous) PROTECTIONS
(more than one subject) REGARDING 101 THE CONDUCT
(ambiguous) OF OIL AND GAS OPERATIONS
(too broad).
This bill is a list of new regulations; not a singular law.
"The bill enhances local governments' ability to protect public health, safety, and welfare and the environment by clarifying, reinforcing, and establishing their regulatory authority over the surface impacts of oil and gas development. Current law specifies
that local governments have so-called "House Bill 1041" powers, which are a type of land use authority over oil..."
This is redundant, for "local" - i.e. county - government's already have such authority. What is the sponsors definition of "enhances?"
If the bill sponsors were sincerely concerned about (II) THE MINIMIZATION OF ADVERSE IMPACTS TO PUBLIC HEALTH, 23 SAFETY, AND WELFARE, they would enforce preexisting laws that require CDOT and Union Pacific
to maintain their easements.
Additionally, because there are no inclusions respective of honoring and exercising of "preexisting" Gas Oil and Mineral Rights, SB 181 is in reality, a gross violation of private property rights... known
in our Colorado State Constitution as "Takings without just compensation."
A better bill, a single subject bill, would be a:
"Full Disclosure of Gas, Oil and Mineral Rights;" a bill concerning full disclosure of Gas, Oil and Mineral rights by property sellers. Seller must disclose the existence of "preexisting
Gas, Oil and Mineral Rights" that may be exercised at any time and are within say 1 mile of property to be sold. Upon purchase of property, buyer waives any rights they may or may not have to sue, protest or otherwise disrupt Gas, Oil and Mineral owner rights
to exercise. Seller's failure to disclose would result in appropriate penalties...
State of Colorado Constitution
Article V Legislative Department
Section 40. Bribery
and influence in General Assembly. If any person elected to either House of the General Assembly shall offer or promise to give his vote or influence in favor
of or against any measure or proposition pending or proposed to be introduced in the General Assembly in consideration or upon condition that any other person elected to the same General Assembly will give or will promise or assent to give his vote or influence
in favor of or against any other measure or proposition pending or proposed to be introduced in such General Assembly, the person making such offer or promise, shall be deemed guilty of solicitation of bribery. If any member of the General Assembly shall give
his vote or influence for or against any measure or proposition pending in such General Assembly, or offer, promise or assent so to do, upon condition that any other member will give or will promise or assent to give his vote or influence in favor of or against
any other measure or proposition pending or proposed to be introduced in such General Assembly, or in consideration that any other member hath given his vote or influence for or against any other measure or proposition in such General Assembly, he shall be
deemed guilty of bribery; and any member of the General Assembly, or person elected thereto, who shall be guilty of either of such offenses shall be expelled, and shall not be thereafter eligible to the same General Assembly; and, on conviction thereof in
the civil courts, shall be liable to such further penalty as may be prescribed by law.
Article V Legislative Department
Section 43. Member
interested shall not vote. A member who has a personal or private interest in any measure or bill proposed or pending before the General Assembly, shall disclose the fact to the house of which he is a member, and shall not vote thereon.
Article IV Executive Department
Sec. 11. Every bill passed
by the General Assembly shall, before it becomes a law, be presented to the Governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections…(and so on).
*In
1922, in the most historically important taking decision,1 the Supreme Court extended the availability of takings actions from government appropriations and physical invasions of property, as described above, to the mere regulation of property use. This critical
expansion of takings jurisprudence to “regulatory takings” acknowledged that purely regulatory interferences with property rights can have economic and other consequences for property owners as significant as appropriations and physical invasions.
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