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h_tra_2017a_2017-02-22t13:32:10z1 Hearing Summary

Date: 02/22/2017

Location: HCR 0112

Final

BILL SUMMARY for HB17-1166



HOUSE COMMITTEE ON TRANSPORTATION & ENERGY


Votes: View--> Action Taken:
Postpone House Bill 17-1166 indefinitely. The moti

Refer House Bill 17-1166 to the Committee on Appro
PASS

FAIL







01:49 PM -- HB 17-1166



Representative Navarro introduced House Bill 17-1166. Under current law, the Colorado Department of Transportation (CDOT) and local governments are authorized to regulate vehicular access to any state highway under their jurisdiction in order to protect the public health, safety, and welfare; maintain smooth traffic flow; maintain highway right-of-way drainage; and to protect the functional level of public highways. This authorization is codified in the State Highway Access Code, as adopted by the Transportation Commission. The bill adds to the list of regulatory authority: convenience and the provision of reasonable access to and from public highways and adjoining businesses.



As such, if CDOT or a local government denies a reasonable access variance to or from a business adjoining a divided state highway, the denial may amount to a taking under eminent domain law requiring just compensation as determined by the courts.



01:56 PM -- Mr. Andy Karsian, representing CDOT, testified against the bill.



02:17 PM -- Mr. Phil Demosthenes, representing himself, testified against the bill.



02:26 PM -- Ms. Lacy Baker, representing herself, testified in support of the bill.



02:35 PM -- Ms. Chandra Serfoss, representing herself, testified in support of the bill.



02:41 PM -- Mr. Matt Baker, representing himself, testified in support of the bill.





02:51 PM



Representative Navarro gave some closing remarks.

BILL: HB17-1166
TIME: 02:51:41 PM
MOVED: Becker J.
MOTION: Refer House Bill 17-1166 to the Committee on Appropriations. The motion failed on a vote of 2-10, with 1 excused.
SECONDED: Nordberg
VOTE
Becker J.
Yes
Bridges
No
Buck
Excused
Carver
No
Esgar
No
Ginal
No
Hansen
No
Jackson
No
Lawrence
No
McLachlan
No
Nordberg
Yes
Winter
No
Mitsch Bush
No
YES: 2 NO: 10 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL: HB17-1166
TIME: 02:58:12 PM
MOVED: Winter
MOTION: Postpone House Bill 17-1166 indefinitely. The motion passed on a vote of 8-4, with 1 excused.
SECONDED: Ginal
VOTE
Becker J.
No
Bridges
Yes
Buck
Excused
Carver
No
Esgar
Yes
Ginal
Yes
Hansen
Yes
Jackson
Yes
Lawrence
No
McLachlan
Yes
Nordberg
No
Winter
Yes
Mitsch Bush
Yes
Final YES: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS







02:59 PM



The committee adjourned.








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