Date:
2/3/2010 12:00:00 AM
Title:
HB 1188: It's Not a "Right to Navigate" - It's a "Right to Trespass"
HB 1188: IT’S NOT A “RIGHT TO NAVIGATE”—IT’S A “RIGHT TO TRESPASS”
Bill Sponsors: House: Curry, Fischer, Labuda, Massey, Scanlan Senate: Hodge, Gibbs, Heath, Tochtrop
CCA Position: OPPOSE
HB 1188 proposes to allow rafting outfitters to float down streams and portage around obstacles. In other words, the law would be changed to allow access to private property through the act of portaging. Colorado and, for that matter, federal law is clear on one thing when it comes to private property…the owner controls access. This proposed legislation changes that.
· The bill does nothing to clarify the Colorado law. In reality, the bill attempts to overturn 130 years of case law and statute, throwing into doubt the ability of private landowners to exercise their constitutional rights of private ownership.
· The $142 million per year floating industry has thrived in Colorado under the current legal structure. There are hundreds of miles and thousands of acres of boatable water in Colorado. Unsatisfied with this, proponents wish to change current law and give themselves the right to trespass on private property so they can further pursue their commercial interests.
· The floating industry is not under attack. The one incident the proponents cite for the introduction of this bill involves a small stretch of river, one landowner, and one commercial outfitter who is refusing to pursue other available alternatives.
· For proponents to say that the bill does not change the rights private boaters currently have is reckless and misleading. By declaring a navigation right to exist in Colorado when none has existed, they seek to overturn settled case law and statutes.
· The legislation does not limit the trespass to “accidental touching”, but allows portage in any situation involving a “hazard” or “obstruction” at the discretion of the guide.
· By expanding the right of commercial outfitters to use private property at their discretion, the bill becomes a taking of private property. This inverse condemnation of private property for a commercial purpose runs contrary to recently enacted Colorado law and gives landowners a cause of action against the state.
· This is not a new issue. Over the years, affected parties have structured legal and practical compromises at local levels that have served individuals, private landowners, and recreational concerns in an acceptable manner.
The Colorado Cattlemen’s Association urges a NO VOTE on HB-1188
and it’s takings of Colorado property owners rights.
For more information please contact:
Terry Fankhauser, EVP Colorado Cattlemen’s Association at (303) 431-6422