h_lg_2017a_2017-03-22t14:14:50z0 Hearing Summary

Date: 03/22/2017

Location: HCR 0107

02:15 PM -- SB17-097



Representative Coleman, sponsor, discussed the provisions of SB17-097 regarding vacated right-of-ways. He explained that under current law, a conveyance by warranty deed carries the presumption that the grantor's interest in an adjoining vacated street, alley, or other right-of-way is included with the property whose legal description is contained in the deed. However, this presumption does not apply to other types of deeds or to a lease, mortgage, or other conveyance or encumbrance. The bill removes the language containing the presumption from the warranty deed statute and relocates it, with amendments, so as to broaden the application of the presumption of conveyance of an adjoining vacated right-of-way to include not only warranty deeds but also all forms of deeds, leases, and mortgages and other liens. He distributed a fact sheet prepared by the Colorado Bar Association (Attachment A).



17HouseLocal0322AttachA.pdf



Representative Coleman answered questions from the committee. Questions were raised about the unintended consequences for property owners acquiring a right-of way including liability, insurance, and zoning.



02:25 PM -- Warren Ward, representing the Colorado Association of County Surveyors, spoke in support of the bill. Mr. Ward explained that current law surrounding vacated property is confusing, and the bill would help clarify the transfer of property.



02:27 PM -- Charles Calvin, representing the Colorado Bar Association, testified in support of the bill. Mr. Calvin answered questions from the committee and clarified that the bill should not impact zoning or insurance rates. He also discussed utility easements and stated nothing would change in that respect with the passage of this bill.



02:39 PM -- Paul Bacus, representing the Professional Land Surveyors of Colorado, spoke in support of the measure.





02:43 PM



Representative Coleman gave closing remarks.