Land And Water U.S.A.

Thursday, May 28, 2020



Colorado's energy providers are losing their jobs, and GOM owners are losing incomes!
We have on record, each member who voted Yes on SB19-181. Each, along with Governor Jared Polis, should be held accountable for "Takings without just compensation."

Dear Governor Jared Polis, A.G. Weiser and Legislators,                   
May 4, 2019

Review of SB19-181 found 38 pages of regulations. It fails to disclose a singular subject law. Please provide the public the singular subject law you passed. In other words, tell us the legislation you expect Governor Jared Polis to sign into law.  
Because SB19-181 is based on "where wells 'will' go," we assume Gas, Oil and Mineral production sites (wells) that pre-date SB19-18 are exempt; and that only production sites (wells) that postdate SB-181 will be impact.
Regardless pre-date or postdate, as Owners of Gas, Oil and Mineral Rights (Property), we do request your final, definitive position regarding how SB19-181 will apply any of its regulations to our Property.
For our records, Property Owner asks A.G. Phil Weiser to review SB19-181 and notation each regulation whether it violates *The Doctrine of Retroactivity and Prospectivity or the *Fifth Amendment.
We gently remind Governor Jared Polis and the General Assembly, that should SB19-181 become law, any regulation within that denies Property Owner economically viable use of Property, encumbers, devaluates, damages, takes, needlessly disturbs, jeopardizes Property,  said action will be recognized as "takings without just compensation."  We are prepared to exhaust any possibilities for obtaining compensation from legislators on record for their Yay vote, the state of Colorado and its courts. 
Please be aware of *Section 40:  SB19-181 has potential for market manipulation. It’s likely there are parties looking to purchase shares SB19-181 will devaluate. Upon dissolution of SB19-181 - or portions that lift encumbrances, they may be able to sell those shares at a premium.  
If legislators are sincerely concerned about "public welfare, protections, etc." a better bill, a single subject bill should be:  
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...​
We encourage Governor Polis to veto SB19-181. 
We encourage this Colorado General Assembly 2019, to immediately draft the very simple Full Disclosure bill and pass it. Full Disclosure would protect Communities and Property Owners at no cost to taxpayers and no loss to Property Owners.  
Thank you,
Charles W. and Ronita M. Sylvester 
Weld County, CO 

*Fifth Amendment of the United States Constitution includes a provision known as the Takings Clause, which states that "private property [shall not] be taken for public use, without just compensation." Often when the government regulates the use of a person's property, the effect on the particular person is adverse.

*The Doctrine of “Retroactivity and Prospectivity” is made clear in the Act of July 30, 1947, ch. 388, 61 Stat. 635 codified at: 1 U.S.C. § 111. Repeals as evidence of prior effectiveness, “No inference shall be raised by the enactment of the Act of March 3, 1933 (ch. 202, 47 Stat. 1431), that the sections of the Revised Statutes repealed by such Act were in force or effect at the time of such enactment: Provided, however, That any rights or liabilities existing under such repealed sections shall not be affected by their repeal.”
In layperson's language; one cannot go backwards and extinguish a pre-existing right of property.
Though a law may be repealed, one cannot repeal those rights acquired under a previous law.
Article V Legislative Department 

*Section 40. Bribery and influence in General Assembly
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).

*record: Senators:  Jeff Bridges, Lois Court, Jesse Danielson, Kerry Donovan, Stephen Fenberg, Ronda Fields, Mike Foote, Joann Ginal, Julie Gonzales, Kevin Grantham, Lee Sanford, Dominick Moreno, Robert Rodriquez, Tammy Story, Faith Winter, Nancy Todd, Angela Williams, Rachel Zenzinger, Brittany Pettersen. Representatives: Jonathan Singer, Jeni Arndt, Jon Becker, Adrienne Benavidez, Shannon Bird, Janet Buchner, Yadira Caraveo, Lisa Cutter, Monica Duran, Tony Exum, Meghan Froelich, Rochelle Galindo, Alec Garnett, Serena Gutierrez, Emily Sirota, Marc Soper, Tom Sullivan, Kerry Tipper, Matt Gray, Chris Hansen, Leslie Herod, Edie Hooton, Dominique Jackson, Sonya Lewis, Chris Kennedy, Cathy Kipp, Tracy Tharp, Julie McCluskie, Barbara Hall, Jovan Emerson, Jenet Michaelson, Kyle Mullica, Dylan Roberts, Alex Valdez, Mike Weissman. 

Bill and Fiscal Note 


SB19- 181.  
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?"​

Additionally, because there are no inclusions respective of honoring and exercising of "preexisting" Gas Oil and Mineral Rights, SB 181 is in reality, a violation of private property rights... known in our Colorado State Constitution as "Takings without just compensation." ​


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