HB 1253

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1253
     BY REPRESENTATIVE(S) Slaugh, Goldstein;
     also SENATOR(S) Kirkmeyer and Snyder, Bright, Frizell, Hinrichsen,
     Kipp, Coleman.
     CONCERNING THE PROCESS FOR DISCONNECTION OF PROPERTY FROM A
          STATUTORY MUNICIPALITY.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. In Colorado Revised Statutes, 31-12-501, amend (1)
     and (2); and add (6) as follows:
             31-12-501. Application - enactment - filing - definitions.
            (1) When the owner of a tract of land within and adjacent to the
     boundary of a municipality desires to have said tract disconnected from
     such THE municipality, such THE owner may apply to the governing body
     of such THE municipality for the enactment of an ordinance disconnecting
     such THE tract of land from such THE municipality. The owner shall also
     provide notice and a copy of the application to the board of county
     commissioners of the county in which the tract of land that is the subject of
     the application is located, and to the board of directors of any affected
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
special district, AND TO ANY AFFECTED URBAN RENEWAL AUTHORITY. No
later than the effective date of the disconnection of a particular tract of land,
any vested property rights affecting the tract that have been established
pursuant to article 68 of title 24 prior to such date that are possessed by the
owner of the tract shall be expired or relinquished.
        (2) (a) Not more than thirty days after receiving the notice required
by subsection (1) of this section, either the board of county commissioners,
or the board of directors of any affected special district, OR ANY AFFECTED
URBAN RENEWAL AUTHORITY may request a meeting with the owner and the
governing body of the municipality, or its appointee, to discuss and address
any negative impacts on the county that would result from the
disconnection, INCLUDING ANY CHANGE IN THE LEVEL OR EXTENT OF
SERVICES BEING PROVIDED BY AN AFFECTED SPECIAL DISTRICT OR ANY
INTERFERENCE WITH THE IMPLEMENTATION OF AN URBAN RENEWAL PLAN OF
ANY AFFECTED URBAN RENEWAL AUTHORITY. If such meeting is requested,
the owner and the governing body or its appointee shall meet with either the
board of county commissioners, or its appointee, or the board of any
affected special district, or its appointee, OR ANY AFFECTED URBAN
RENEWAL AUTHORITY, OR ITS APPOINTEE, not more than thirty days after the
meeting was requested. Failure by either the board of county
commissioners, or the board of any affected special district, OR ANY
AFFECTED URBAN RENEWAL AUTHORITY to request a meeting constitutes an
acknowledgment by the particular board OR AUTHORITY that the
disconnection will not adversely affect the county, or an THE affected
special district, OR THE AFFECTED URBAN RENEWAL AUTHORITY, as
applicable.
        (b) As used in paragraph (a) of this subsection (2), "affected special
district" means any special district that by its service plan or pursuant to an
intergovernmental agreement is or will be expected to provide service to the
tract of land that is the subject of the disconnection application. For
purposes of paragraph (a) of this subsection (2), "negative impact" includes
any change in the level or extent of services being provided to the tract of
land by any special district.
      (6) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
       (a) "AFFECTED SPECIAL DISTRICT" MEANS ANY SPECIAL DISTRICT
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THAT, BY ITS SERVICE PLAN OR PURSUANT TO AN INTERGOVERNMENTAL
AGREEMENT, IS OR WILL BE EXPECTED TO PROVIDE SERVICE TO THE TRACT
OF LAND THAT IS THE SUBJECT OF THE DISCONNECTION APPLICATION.
       (b) "AFFECTED URBAN RENEWAL AUTHORITY" MEANS ANY URBAN
RENEWAL AUTHORITY FORMED PURSUANT TO PART 1 OF ARTICLE 25 OF THIS
TITLE 31 WITH AN URBAN RENEWAL AREA DESCRIBED IN AN URBAN RENEWAL
PLAN THAT INCLUDES THE TRACT OF LAND THAT IS THE SUBJECT OF THE
DISCONNECTION APPLICATION.
      SECTION 2. In Colorado Revised Statutes, amend 31-12-601 as
follows:
       31-12-601. Petition to disconnect territory.
       (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS
SECTION, when a tract or contiguous tracts of land, aggregating twenty or
more acres in area, are embraced within the municipal limits of any city,
which are upon or contiguous to the border thereof OF THE CITY, the owners
of said THE tracts of land may petition the district court for the county in
which such THE land, or any part thereof, is situated to have the same LAND
disconnected from said THE city.
       (2) THE PROCESS FOR DISCONNECTION FROM A CITY AS PROVIDED IN
THIS PART 6 IS NOT AVAILABLE FOR ANY TRACT OF LAND THAT IS INCLUDED
WITHIN THE BOUNDARIES OF:
      (a) AN URBAN RENEWAL AREA DESCRIBED IN AN URBAN RENEWAL
PLAN APPROVED PURSUANT TO PART 1 OF ARTICLE 25 OF THIS TITLE 31; OR
      (b) A SPECIAL DISTRICT THAT, BY ITS SERVICE PLAN OR PURSUANT TO
AN INTERGOVERNMENTAL AGREEMENT, IS OR WILL BE EXPECTED TO PROVIDE
SERVICE TO THE TRACT OF LAND.
       SECTION 3. In Colorado Revised Statutes, 31-12-602, amend (1)
introductory portion and (1)(f); and add (1)(g) as follows:
       31-12-602. Contents of petition.
       (1) The petition shall MUST contain the following:
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       (f) An allegation that all taxes or assessments lawfully due upon the
land up to the time of the filing of the petition have been fully paid; AND
       (g) AN ALLEGATION THAT THE TRACTS OF LAND ARE NOT LOCATED
WITHIN THE BOUNDARIES OF AN URBAN RENEWAL AREA DESCRIBED IN AN
URBAN RENEWAL PLAN APPROVED PURSUANT TO PART 1 OF ARTICLE 25 OF
THIS TITLE 31 OR A SPECIAL DISTRICT THAT, BY ITS SERVICE PLAN OR
PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT, IS OR WILL BE
EXPECTED TO PROVIDE SERVICE TO THE TRACT OF LAND.
      SECTION 4. In Colorado Revised Statutes, amend 31-12-603 as
follows:
       31-12-603. Hearing - decree - proviso.
        (1) Upon the filing of such petition in the district court, the judge
thereof shall set a date for a hearing, not less than forty days nor more than
sixty days thereafter. It is the duty of The clerk of said THE court to cause
SHALL SERVE a copy of such THE petition and a notice of the date and the
time set for such hearing to be served upon the mayor of the city The same
shall be served at least thirty days prior to the hearing of such petition. by
the court Upon the hearing and proof of the facts set forth in said THE
petition, it THE COURT shall be determined DETERMINE whether said THE
tracts of land should be disconnected from such THE city, and the court shall
enter an order or decree accordingly.
        (2) When a city has maintained streets, lights, and other public
utilities for a period of three years through or adjoining said tracts of land,
The owners shall ARE not be entitled to disconnect the land under the
provisions of this part 6 WHEN:
       (a) THE CITY HAS MAINTAINED STREETS, LIGHTS, AND OTHER PUBLIC
UTILITIES FOR A PERIOD OF THREE YEARS THROUGH OR ADJOINING THE
TRACTS OF LAND; OR
       (b) THE TRACTS OF LAND ARE INCLUDED WITHIN THE BOUNDARIES
OF:
      (I) AN URBAN RENEWAL AREA DESCRIBED IN AN URBAN RENEWAL
PLAN APPROVED PURSUANT TO PART 1 OF ARTICLE 25 OF THIS TITLE 31; OR
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      (II) A SPECIAL DISTRICT THAT, BY ITS SERVICE PLAN OR PURSUANT
TO AN INTERGOVERNMENTAL AGREEMENT, IS OR WILL BE EXPECTED TO
PROVIDE SERVICE TO THE TRACT OF LAND.
       (2) (3) If an area has been annexed to a city for a period of two years
and then successful action is undertaken to disconnect such THE area, the
disconnected land shall be made subject to the applicable county's zoning
resolution and map and other land development regulations within ninety
days after the effective date of the disconnection as described in section
31-12-501 (5).
      SECTION 5. In Colorado Revised Statutes, amend 31-12-702 as
follows:
       31-12-702. Petition court to disconnect from town.
        (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2) OF THIS
SECTION, when a tract or two or more contiguous tracts of agricultural or
farm land aggregating twenty or more acres in area are embraced within the
corporate limits of any town, the outer boundary of which acreage is
adjacent to or upon the border of said town, the owners of said THE tracts
of land may petition the district court for the county in which such THE land
is situated to have the same land disconnected from said THE incorporated
town. Intersecting highways or intervening railroads shall DO not render
said THE tracts of land noncontiguous or nonadjacent.
      (2) THE PROCESS FOR DISCONNECTION FROM A TOWN AS PROVIDED
IN THIS PART 7 IS NOT AVAILABLE FOR ANY TRACT OF LAND THAT IS
INCLUDED WITHIN THE BOUNDARIES OF:
      (a) AN URBAN RENEWAL AREA DESCRIBED IN AN URBAN RENEWAL
PLAN APPROVED PURSUANT TO PART 1 OF ARTICLE 25 OF THIS TITLE 31; OR
      (b) A SPECIAL DISTRICT THAT, BY ITS SERVICE PLAN OR PURSUANT TO
AN INTERGOVERNMENTAL AGREEMENT, IS OR WILL BE EXPECTED TO PROVIDE
SERVICE TO THE TRACT OF LAND.
       SECTION 6. In Colorado Revised Statutes, 31-12-703, amend (1)
introductory portion and (1)(f); and add (1)(g) as follows:
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       31-12-703. Petition - contents.
       (1) The petition shall MUST contain the following:
        (f) A representation that, for a period of six years after the effective
date of disconnection, said tracts will not be subdivided into lots or plots of
smaller area than is required during said period for lots within said town
adjoining said tracts under the applicable ordinances or regulations of the
town from which disconnection is sought and will not be used during said
period for industrial or commercial use if during said period the applicable
ordinances of the town from which disconnection is sought prohibits such
use in the area within said town adjoining such tracts; AND
       (g) AN ALLEGATION THAT THE TRACTS OF LAND ARE NOT LOCATED
WITHIN THE BOUNDARIES OF AN URBAN RENEWAL AREA DESCRIBED IN AN
URBAN RENEWAL PLAN APPROVED PURSUANT TO PART 1 OF ARTICLE 25 OF
THIS TITLE 31 OR A SPECIAL DISTRICT THAT, BY ITS SERVICE PLAN OR
PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT, IS OR WILL BE
EXPECTED TO PROVIDE SERVICE TO THE TRACT OF LAND.
      SECTION 7. In Colorado Revised Statutes, amend 31-12-704 as
follows:
       31-12-704. Hearing - decree - proviso.
       (1) Upon the filing of such petition in the district court, the judge
shall set a date for a hearing, not less than forty days nor more than sixty
days thereafter. The clerk of the court shall serve a copy of the petition and
a notice of the date and the time set for such hearing upon the mayor of the
town The same must be served at least thirty days prior to the hearing on
such petition. by the court Upon the hearing and proof of the facts set forth
in such petition, the court shall determine whether the tracts of land should
be disconnected from the town, and the judge shall enter an order or decree
accordingly.
     (2) THE PETITIONERS ARE NOT ENTITLED TO DISCONNECT THE LAND
UNDER THE PROVISIONS OF THIS PART 7 when:
       (a) A town has improved any of the highways passing through or
adjoining said tracts of land by the construction and maintenance by the
PAGE 6-HOUSE BILL 26-1253
town of any special improvements along, under, or over the same for a
period of more than two years prior to the presentation of the petition; the
petitioners are not entitled to disconnect the land under the provisions of
this part 7 OR
       (b) THE TRACTS OF LAND ARE INCLUDED WITHIN THE BOUNDARIES
OF:
      (I) AN URBAN RENEWAL AREA DESCRIBED IN AN URBAN RENEWAL
PLAN APPROVED PURSUANT TO PART 1 OF ARTICLE 25 OF THIS TITLE 31; OR
      (II) A SPECIAL DISTRICT THAT, BY ITS SERVICE PLAN OR PURSUANT
TO AN INTERGOVERNMENTAL AGREEMENT, IS OR WILL BE EXPECTED TO
PROVIDE SERVICE TO THE TRACT OF LAND.
        (3) Any disconnected land shall be made subject to the applicable
county's zoning resolution and map and other land development regulations
within ninety days after the effective date of the disconnection as described
in section 31-12-501 (5).
        SECTION 8. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly (August 12, 2026, if adjournment sine die is on May 13,
2026); except that, if a referendum petition is filed pursuant to section 1 (3)
of article V of the state constitution against this act or an item, section, or
part of this act within such period, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
held in November 2026 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
PAGE 7-HOUSE BILL 26-1253
      (2) This act applies to applications for disconnection from a
municipality and petitions for disconnection from a city or town
commenced on or after the applicable effective date of this act.
____________________________       ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________       ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
      APPROVED________________________________________
                         (Date and Time)
                 _________________________________________
                Jared S. Polis
                GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 26-1253