HomeMy WebLinkAboutORDINANCE 04-24ORDINANCE NO. 04-24
AN ORDINANCE DENOUNCING RESTRICTIVE COVENANTS
BASED ON RACE OR RELIGION
WHEREAS, the Estes Valley encompasses subdivisions with historical covenants
between property owners purporting to restrict home ownership or occupancy on the
basis of race or religion; and
WHEREAS, these covenants are null and void because their enforcement would
be unconstitutional, as held by the United States Supreme Court in the 1948 case Shelley
v. Kraemer, and
WHEREAS, in addition to being ineffectual and unlawful, these covenants are
repugnant to the values of Estes Park; and
WHEREAS, sections 38-30-169 and 38-30-170 of the Colorado Revised Statutes
provide ways for property owners to remove these covenants from the documents
containing them; and
WHEREAS, the Board of Trustees of the Town of Estes Park desires to provide
an additional mechanism for property owners to repudiate such historical covenants that
may be associated with their property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Covenants purporting to restrict property ownership or occupancy on
the basis of race or religion are null, void, unlawful, unconstitutional, and repugnant, and
are hereby denounced in the strongest possible terms.
Section 2: Any property owner may record this Ordinance in relation to their
property, in conjunction with any other document or in any manner allowed by law and by
the Larimer County Clerk and Recorder, as a method of repudiating any such covenant
based on race or religion that may have historically impacted their property.
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this 12TH day of MARCH, 2024.
TOWN OF ESTES PARK, COLORADO
ATTEST:
own Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the Board
of Trustees on the 12TH day of MARCH, 2024 and published by title in a newspaper of
general circulation in the Town of Estes Park, Colorado, on the 15TH day of MARCH,
2024, all as required by the Statutes of the State of Colorado.
Clerk
APPROVED AS TO FORM:
Town Attorney