Eminent domain rules remain unchanged in Colorado Springs

“The Colorado Springs City Council voted down a proposal Tuesday that would have made it tougher for the city to take private property for public use. The council split 5-4 on the issue.

“Obviously, I’m disappointed,” said council member Joel Miller, who proposed the changes to the city’s eminent domain rules. His proposal, he said, would have restricted the taking of private property for traditional public uses – such as for streets and highways – and further defined the term “blight.”

Council President Keith King, who was the deciding vote on the split council, said the ordinance was unclear in how public use was defined and to which entities it applied.

“It makes the opportunity for this to be litigated,” he said.

King indicated that he would support changes to the city’s eminent domain policy but said the ordinance would have to be simple and clear.

….

Miller said a big concern was that the Urban Renewal Authority could declare property “blight” and then start proceedings to buy the land or eventually use eminent domain to take it. His proposal would have more narrowly defined blight and would give property owners a chance to correct problems.”

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Mendoza, Monica. Gazette 13 May 2014.