Property Rights Under Attack in Estes Park and Rising Property Taxes in Colorado

On this Thursday, June 8, 2023 broadcast, Kim Monson examines two critical property rights issues facing Coloradans. Patent attorney Jennifer McCallum and law clerk Ashley Stephens reveal how the town of Estes Park revoked a small business license over a disputed workforce housing fee, while Ben Murrey from the Independence Institute breaks down why Proposition HH represents a bait-and-switch that would cost taxpayers billions in TABOR refunds. Fighting Government Overreach in Estes Park Start listening at 31:22 – Hour 1 Jennifer McCallum, a patent attorney with more than 20 years of experience in intellectual property law, brings attention to a troubling case in Estes Park. Her clients, Rick and Cheryl Grigsby, have operated short-term rental cabins since 2016 after following all proper licensing and permit procedures. The town recently imposed a workforce housing linkage fee of $1,390 on short-term rental permit holders, placing the burden of affordable housing solely on one class of business. When the Grigsbys protested the fee and requested a hearing on their third license, the town immediately revoked their license without providing any hearing or notice. Within days, they lost one-third of their business. McCallum filed a federal complaint on June 2, 2023, arguing this violates due process protections under the 14th and 5th Amendments. The case highlights how local governments use fees instead of taxes to circumvent Colorado’s Taxpayer’s Bill of Rights. “The right to lease your home has been a Supreme Court mandated right since 1923. So on two of their licenses this year, they protested, but they paid. On the third, they requested a hearing and protested. Immediately, they lost their license.” Jennifer McCallum, Patent Attorney Due Process Concerns in Property Rights Cases Start listening at 31:41 – Hour 1 Ashley Stephens, a law clerk with McCallum Law, provides legal analysis of the Estes Park case. She emphasizes that due process protections are among the most fundamental principles taught in law school. When property interests vest, citizens are guaranteed minimal procedural protections under both the 14th Amendment and the 5th Amendment. The town’s action of revoking the Grigsbys’ license without any pre-termination or post-termination hearing represents an egregious stretch of authority. Stephens notes the irony that while the General Assembly passes new regulations making it harder for landlords to operate, they simultaneously declare housing increasingly unaffordable. Government regulations account for approximately 25% of the cost of new single-family homes and 40% of multifamily housing costs according to industry associations. The Estes Park case demonstrates how government itself contributes to the housing affordability crisis while claiming to solve it. “Once that interest has vested, the minimal procedural protections that every citizen is guaranteed is that 14th Amendment and the Fifth Amendment as well. I have a hard time understanding where the town of Estes Park kind of gets its authority to do something like this.” Ashley Stephens, Law Clerk The Property Tax Crisis and Proposition HH Start listening at 68:22 – Hour 2 Ben Murrey, Director of Fiscal Policy at the Independence Institute, warns that Proposition HH is not property tax relief but rather a bait-and-switch scheme. After Republicans and Democrats together repealed the Gallagher Amendment thre...