Colorado § 24-56-101 - Legislative declaration - relocation assistance.

§ 24-56-101. Legislative declaration - relocation assistance.

The general assembly finds and declares that the purpose of sections 24-56-102 to 24-56-113 is to establish a uniform policy for the fair and equitable treatment of persons displaced by the acquisition of real property by state agencies and political subdivisions of the state for federally assisted programs and projects and to comply with the federal "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970", as amended, and the federal "Surface Transportation and Uniform Relocation Assistance Act of 1987", as amended. The general assembly also recognizes that the federally assisted acquisition of real property by the department of transportation and by municipalities and counties for highway programs and projects is requiring citizens to relocate their residences, farms, and businesses. The general assembly finds and declares that the authority of the department of transportation concerning the equitable relocation and implementation of relocation payments and advisory assistance for highway projects on the state highway system contained in part 3 of article 1 of title 43, C.R.S., prior to March 31, 1989, and as amended, are included in this article to assure the consistent and uniform application of relocation policy for all federally assisted programs, to promote the efficient operation of the highway right-of-way acquisition program, and to define the authority and responsibility of the department of transportation and of municipalities and counties for all acquisitions and relocation for federally assisted highway programs and projects within their respective jurisdictions. Such policy shall be uniform as to relocation payments, advisory assistance, assurance of availability of standard housing, and state reimbursement for local relocation payments where state assistance may be authorized by law.

Source: L. 71: p. 672, § 1. C.R.S. 1963: § 69-10-1. L. 89: Entire section R&RE, p. 1076, § 1, effective March 31. L. 91: Entire section amended, p. 1063, § 27, effective July 1.

Cross references: For the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970", see 42 U.S.C. secs. 4601, 4602, 4621-4638, and 4651-4655. For the "Surface Transportation and Uniform Relocation Assistance Act of 1987", see Pub.L. 100-17, 101 Stat. 132 (1988).

ANNOTATION

Purpose of relocation assistance is for the minimizing of hardship incurred from the involuntary dislocation of homeowners, tenants, and businesses under the eminent domain proceedings involved in slum clearance and urban renewal projects. Auraria Businessmen Against Confiscation, Inc. v. Denver Urban Renewal Auth., 183 Colo. 441, 517 P.2d 845 (1974).

Relocation provisions are separate from eminent domain provisions. They provide, in part, for the reimbursement to displaced business of moving expenses and replacement expenses in federally assisted projects. They do not create additional elements compensable under eminent domain laws, but do provide supplemental assistance for particular losses incurred by reason of dislocation. Denver Urban Renewal Auth. v. Marshall Mfg. Co., 35 Colo. App. 227, 532 P.2d 746 (1975).

Proper method of determining relocation expenses would be by the administrative procedures set forth in this article. Denver Urban Renewal Auth. v. Marshall Mfg. Co., 35 Colo. App. 227, 532 P.2d 746 (1975).

Trial court is correct in separating issues of condemned property's value and relocation expenses. In light of the separate statutory treatment accorded relocation expenses, the trial court is correct in separating the two issues of the value of the property condemned and the relocation expenses. Denver Urban Renewal Auth. v. Marshall Mfg. Co., 35 Colo. App. 227, 532 P.2d 746 (1975).