News and Insights

Top Ten Legal Issues with Social Media

In a world where we are permanently connected to our “devices” and frequent “status” updates are the norm, special districts often struggle to define the appropriate role social media can play in their organizations.  Issues such as ensuring that employees are posting appropriate material, maintaining consistent messaging, addressing vulgar, offensive or harassing comments, protecting private […]

Submitted by Adele L. Reester Do you have questions about open meetings and public records?  Are you knowledgeable about recent changes in the law? Join Adele Reester on Wednesday, September 10, 2014 at 8:30 am in Torreys Peak I-II at this year’s SDA Conference in Keystone to learn about or brush up on your knowledge […]

Submitted by Chad A. Kupper If so, your District may need to determine whether a lease-purchase agreement is necessary. Under TABOR, Districts are precluded from incurring any form of multiyear indebtedness absent voter approval, including federal loans. However, a District can take a loan and use those funds to partially purchase equipment using a lease-purchase […]

Authorities can be formed in accordance with Section 18, Article XIV of the Colorado Constitution and Sections 29-1-201, et seq. CRS. These cooperative entities provide a variety of functions and are one way to pool resources and maximize governmental services. Many types of special districts and local governments across the state have entered into partnerships […]

Submitted by Cameron A. Grant Recently the Denver Post reported that Boulder County could be liable for $1 billion in petro “takings” if local governments adopt and enforce bans on the drilling practice called fracking.  On June 24th, voters in the City of Loveland rejected a measure that would have extended a moratorium on drilling […]

After more than 10 years of tax chaos, the American Tax Relief Act (ATRA) of 2012 ended the uncertainty that swirled around estate and gift taxes. ATRA made permanent the $5,000,000 estate tax exclusion, generation skipping tax exemption and gift tax exclusion with all indexed for inflation ($5,340,000 in 2014). While this change should be […]

On May 2, 2014, Governor Hickenlooper signed HB 14-1193 into law.  This legislation was passed in response to recent court decisions holding that “reasonable” fees could be charged for research and retrieval time spent in response to an open records request.  While the courts stated that such fees are permissible, they did not define the […]

After the famous case in Boulder District Court, McLean v DK Trust, Colorado‘s legislature revised the statute on adverse possession. (C.R.S. § 38-41-101). In addition to making it a little more difficult to prove all of the elements of adverse possession for the party claiming ownership against the record owner, the revised statue allowed for […]

Submitted by Matthew Machado The EPA has proposed a rule that will expand the need for federal permits under the federal Clean Water Act (CWA) for discharges or other impacts to waters of the U.S. The activities requiring such permits include discharges of “dredged or fill material” (Section 404 Permits) and permits for point source […]

According to statistics compiled by the Center for Disease Control, the number one cause of death due to unintentional injury is motor vehicle accidents.  Likewise, motor vehicle accidents are the fourth leading for emergency room visits resulting from unintentional accidents. Across the United States, 1 in 7 drivers are uninsured.  Colorado falls in line with […]