From New London to Telluride and Beyond: Legal Developments Surrounding Eminent Domain in Colorado from 2004 – 2009
“Under existing state statute, RTD is not permitted to acquire property through eminent domain for
any purpose other than for the operation of a mass transit system; permissible takings do not include those for transit-oriented-development (TOD).
Furthermore, state law specifically states that RTD may not use any of its property in a manner that may compete with neighboring business, or in a manner that will attract non-transit users.
The devil remains in the details, and savvy property owners are not willing to face the risk the potential of an adverse court decision that could destroy their
entire livelihood.
Analysis in this issue paper is limited to recent state legislative efforts and case law relating to four specific sub-areas of eminent domain law, including transit-oriented development, the role of assessed values in condemnation cases, and extraterritorial condemnation.
Given the sheer volume of litigation, legislation, and advocacy surrounding property rights in Colorado currently, however, this report is not intended to be exhaustive. Rather, it provides a guide map for those seeking to better understand recent developments.
In addition, this paper primarily focuses on developments over the last three years since the Independence Institute’s Property Rights Project released the following
two issue papers, including At the Crossroads of Condemnation: The Debate Over the Use of Eminent Domain For Private Development and Open Space, and Tower Tussle: The Colorado Battle Over Extraterritorial Condemnation.”
Corry, Jessica Peck and Robert T. Hoban. Independence Institute, May 2009.
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