(1) In imposing conditions upon the granting of land-use approvals, no local government shall require an owner of private property to dedicate real property to the public, or pay money or provide services to a public entity in an amount that is determined on an individual and discretionary basis, unless there is an essential nexus between the dedication or payment and a legitimate local government interest, and the dedication or payment is roughly proportional both in nature and extent to the impact of the proposed use or development of such property. This section shall not apply to any legislatively formulated assessment, fee, or charge that is imposed on a broad class of property owners by a local government.(1.5) When requiring an owner of private property to dedicate real property to the public, if the subject property does not meet local government standards for dedication as determined by the local government, including dedication to the parks, trails, or open space systems, a local government shall provide the private property owner the option of paying a fee in lieu of dedication.(2) No local government shall impose any discretionary condition upon a land-use approval a local government shall provide the private property owner the option of paying a fee in lieu of dedication.(2) No local government shall impose any discretionary condition upon a land-use approval unless the condition is based upon duly adopted standards that are sufficiently specific to ensure that the condition is imposed in a rational and consistent manner.Amended by 2024 Ch. 168,§ 3, eff. 5/13/2024.L. 99: Entire part added, p. 587, § 1, effective July 1. L. 2001, 2nd Ex. Sess.: (1) amended, p. 30, § 6, effective November 6.
Colorado Legal Code