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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 37960
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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Can a Colorado Statute Town require its residents to pay

Customer Question

Can a Colorado Statute Town require its residents to pay for an installation of a utility device, water shut off/curb stop?
Please note the following
• A curb stop was not required at the time of construction of a residence property.
• On a previous improvement project, a paving project that included water line improvement, the town included the install of curb stops to all water services lines that were affected by the water line improvement. This project was paid via a bond.
• Currently the town is requiring all residents to pay for the install of the curb stop to their own property if there is not one already installed.
• Only one neighborhood had the curb stops installed as part of the development.
• Only two or three streets have had the curb stops installed via the waterline project.
• The town is requiring the residents to assume the responsibility of their water service line from the main line, within the R.O.W., cross the property line, through the meter, and to the building, if they do not install the curb stop.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

Under the "vested rights doctrine," a municipality may be prevented from forcing a change to a property improvement which was subject to a valid permit at the time that the improvement was first made. See, e.g., Villa at Greeley, Inc. v. Hopper, 917 P.2d 350, 353 (Colo.Ct.App.1996).

If a property owner's connection to the public water system was permitted at the time that the connection was first made, then the municipality cannot force the owner to pay for the improvement.

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