Property Rights
Bottom Line Up Front: Colorado’s heritage is one of homesteaders and pioneers who carved their dreams on the land with the promise that what they build is theirs. We stand in that tradition. A society that honors property rights respects the individual’s freedom and labor. It leads to economic growth (people invest when secure) and it decentralizes power (property owners are independent centers of decision-making). By fortifying Property Rights, we keep Colorado free and prosperous. In our Colorado, your home truly is your castle – and the laws will be on your side to keep it that way.
a. Fundamental Right: The right to acquire, own, and use Property is a cornerstone of freedom. John Locke described “life, liberty, and property” as natural rights, and the Founders enshrined property protections in the Constitution (3rd, 4th, 5th Amendments and more). The 5th Amendment says government may not take private property for public use without just compensation – implying property is an extension of the individual’s labor and life. Biblically, the importance of property is upheld in the commandment “Thou shalt not steal,” and in the allotment of land to families in ancient Israel (each family’s inheritance was to be respected – see Numbers 36:7). Property rights incentivize hard work and stewardship. When individuals can reap the benefits of what they sow, society prospers, and tyranny is kept at bay (a government that can arbitrarily seize property is a tyranny). We stand for strong protection of private property in Colorado – whether it’s your home, land, earnings, or personal possessions.
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b. Constitutional Protections: The Colorado Constitution declares that “private property shall not be taken or damaged, for public or private use, without just compensation.” It also guarantees the right of property in acquiring, possessing and protecting property (Art. II, Sec. 3). We will fiercely uphold these provisions. That includes ensuring due process before any deprivation of property (e.g., fines, forfeitures) – no taking without notice and an opportunity to be heard. Also, regulatory takings (when regulations severely diminish property value) should trigger compensation. The U.S. Supreme Court has expanded recognition of regulatory takings; we will make Colorado a leader in compensating property owners if state action devalues their land significantly (for instance, if environmental rules wipe out 90% of a property’s use, fairness dictates relief for the owner).
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c. Colorado Policy Conflicts:
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1. Eminent Domain Abuse: We will guard against misuse of eminent domain. Colorado in the past has seen controversial attempts at eminent domain (like local governments using it for economic development – e.g., taking property to give to another private party, which the U.S. Supreme Court unfortunately allowed in Kelo v. New London (2005)). We disagree with Kelo-style takings. We will support legislation to prohibit eminent domain for purely private redevelopment. Only true public uses (roads, schools, etc.) should qualify, and even then, it should be a last resort after negotiation. If eminent domain is used, we commit to generous compensation – at least fair market value, plus relocation costs and other reasonable damages. No homeowner or business owner will be left worse off for a public project.
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2. Land Use and Zoning: Colorado is grappling with housing shortages and growth, leading to debate over zoning reform. While we support easing overly restrictive zoning to allow more housing, we also respect property owners’ rights and local input. A one-size state mandate forcing every neighborhood to allow triplexes or high-rises (as was proposed in 2023 with statewide zoning changes) could infringe on local property values and community character without due consideration. We prefer a carrot approach – incentives for municipalities to update zoning – rather than a state stick that overrides all. Similarly, when planning infrastructure like new highways or transit, we must consider impacts on property owners and avoid if possible routes that destroy homes and businesses (especially in vulnerable communities that historically have been targeted).
3. Agricultural and Water Rights: Farmers’ and ranchers’ property rights include their land and their water rights (treated as property in Colorado’s prior appropriation system). We oppose any “water grab” that would take water rights without due process and just compensation – for example, if the state ever considered reallocating water for instream flows or other uses, it must respect the priority system and/or pay owners for lease or purchase. We’ll also fight federal overreach on property, like Waters of the U.S. rules that might treat a dry ditch on your land as federally regulated – that impinges property use. And we remember the case of Marvin Heemeyer in Granby (though his response was wrong) started from a zoning dispute that made his property unusable – we should strive to mediate and find solutions that don’t push landowners to desperation by effectively taking their livelihood.
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4. Taxation and Property: Property rights are also indirectly affected by taxes – excessive property taxes can force people out of their homes. Colorado’s TABOR and, formerly, the Gallagher Amendment helped check property tax growth. With Gallagher repealed, residential assessments soared with the market. Prop HH was a flawed fix that voters rejected. We are committed to substantive property tax relief (details in Property Tax Elimination section) to ensure people are not taxed off their property. As Locke said, government’s aim is to protect property, not plunder it. We consider a steep property tax that outpaces income growth a form of slow confiscation. We will also continue Colorado’s Homestead Exemption for seniors and disabled veterans (and look to expand it if feasible), as these protect long-time property owners.
5. Civil Asset Forfeiture: Mentioned earlier, but to reiterate under property: we believe no person should lose cash or property to the government without being convicted of a crime. Colorado did pass reforms requiring a conviction for state-level forfeiture and limiting participation in federal equitable sharing programs under certain amounts. We will ensure law enforcement follows these rules. If any loopholes remain where agencies seize property without conviction by partnering with federal authorities, we’ll close them. Fighting crime is important, but property rights demand that innocent until proven guilty applies to your possessions too.
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In implementation, we will empower a Property Rights Ombudsman office in state government – a place citizens can get help if they feel a state or local entity is trampling their property rights. This office could mediate disputes and advise on legal recourse, hopefully preventing litigation by resolving issues fairly early on.