Legal Opinion · Dissent
Cordero v. Leahy
Supreme Court of Colorado
Decided June 30, 2014No. Supreme Court Case No. 14SA116, Supreme Court Case No. 14SA119, Supreme Court Case No. 14SA122Published
1DissentChief Justice Rice
T40 The Proposed Initiatives violate the single subject rule contained in article V, section 1(5.5) of the Colorado Constitution and section 1-40-106.5(1)(e), C.R.S. (2013), by (1) creating a setback requirement prohibiting oil and gas developers from locating new wells within a certain distance of occupied structures, and (2) partially divesting property owners of the right to just compensation for the taking of private property. The purposes of these two distinct subjects are not dependent upon or connected with each other. As such, the Proposed Initiatives violate the single subject rule.
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2Cases cited5 opinions
- People ex rel. Elder v. SoursSupreme Court of Colorado · 1903
- In Re the Title, Ballot Title & Submission Clause, & Summary With Regard to a Proposed Petition for an Amendment to the Constitution of the State Adding Subsection (10) to Section 20 of Article XSupreme Court of Colorado · 1995
- Middleton v. HartmanSupreme Court of Colorado · 2002
- Title, Ballot Title, & Submission Clause for 2011-2012 3 v. HamiltonSupreme Court of Colorado · 2012
- Quiroz v. GoffColorado Court of Appeals · 2002