After the 2018 election in which the electorate turned down both Proposition 112 and Amendment 74, the General Assembly and local governments will be addressing fracking regulation. Foreseeable impacts of the U.S. 5th Amendment and Colorado Art. II, Sec 15 may be part of the discussion.
The 5th Amendment says “Nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.” Art II, Sec. 15 says “Private property shall not be taken or damaged, for public or private use without just compensation.” and goes on to describe the process.
Speakers:
Richard Collins, professor of Constitutional Law at CU Law has authored a work on the Colorado Constitution.
Kevin Lynch, professor at DU Law has authored articles on regulatory takings including
“Regulation of Fracking is not a Taking of Private Property”, 84 U. Cin. L. Rev. 38 (2016). See his DU website for link to a copy.