The Colorado Springs Gazette: Pass Amendment 74 and save the economy
Property rights provide the foundation for the U.S. economy. That’s why Colorado voters should pass Amendment 74.
Without government protection for private property, few have the trust to invest.
One does not grow Facebook, Google or Snapchat without government assurance the brand cannot be copied and hijacked. Few would write a New York Times bestseller, or design a commercial greeting card, without copyright protection that keeps others from simply reprinting and selling the asset.
Property rights protections originated with ground, which today faces less protection than almost any other form of property. We have a major crack in the foundation, threatening serious instability.
Amendment 74 would put a stop to the disturbing rise of activists and politicians brazenly attacking property rights in the name of causes they consider more important or popular. Taking the land of a few to benefit the many often rewards a politician at the ballot box.
Amendment 74 does one simple thing, as explained in the opening line of the election blue book: “Require the state or a local government to compensate a property owner if a law or regulation reduces the fair market value of his or her property.”
We need this law because of increasing efforts by extreme activists to have local governments commandeer “local control” over private property. They demonize traditional oil and gas production with mostly unfounded public health and environmental concerns. They ask politicians and voters to save the children with ordinances that forbid surface and mineral rights owners from extracting commodities they legally own.
Courts typically negate such unlawful regulations, but each attempt threatens to substantially reduce the value of private property without compensation.
“Current law does not require a government to compensate an owner unless the loss in value to the property is near total,” the blue book explains.
Throughout this country’s history, the law has required private and public developers of railroads, highways and other public infrastructure projects to use the legal process of eminent domain to obtain control over property the owner does not desire to sell. If a court deems a project of significant benefit to the greater good, a establishes a fair market value for compensation of the property owner.
Seizing control of surface or mineral rights, to stop energy production, should be no different. No one should lose a private investment, for the public good, without just compensation.
Along with passing Amendment 74, voters should trounce the setbacks of Prop 112.
Should the setbacks pass, Amendment 74 would prevent enforcement of the regulations without due compensation to the property owners losing rights to extract and sell oil and gas. The government would have no means of affording full-scale application of the setbacks, thanks to a constitutional amendment protecting the value of minerals and land.
When cities, counties and the state government obtain land for open space, parks, roads or other public benefits, they compensate the private owners for the value of their investments. Governments should endure no lesser requirement for controlling mineral rights or the surfaces from which people drill for oil and gas.
Enact Amendment 74 to save Colorado the economic devastation of widespread abuse of property rights.

