To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Bob Goebel, Director of Public Works
Title
Discussion/Direction: Use of Eminent Domain in Right of Way Acquisition
Body
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Executive Summary
Public Works and Legal will engage Council on the use of the eminent domain power to facilitate the acquisition of right or way for upcoming transportation projects, including the Crystal Valley Interchange.
The US and Colorado Constitutions compel a public agency to negotiate the acquisition price in good faith and ultimately pay “just compensation” when acquiring private property through the exercise of the eminent domain power. The Town must base its initial offer on a current appraisal and in most instances the Town must pay for an appraisal the landowner may commission.
Past Town Councils have enacted ordinances which authorize staff to file a condemnation petition in the uncommon event that a settlement on just compensation cannot be reached with the landowner. Absent eminent domain authority, there is no assurance that all of the property necessary for construction of the project can be acquired within any timeframe, or within budget.
In the atypical situation where agreement on just compensation cannot be reached through negotiation, the Town will file a petition in condemnation in District Court. Usually we will request that the Court grant the Town possession of the property while the judicial process for determination of just compensation is pending. If the Town is granted possession, we will tender to the Court the amount of the final Town offer which then can be disbursed to the landowner. The landowner may choose a jury or a Court-appointed commission to find just compensation. Of course settlement discussions continue during this time and usually agreement on valuation is reached prior to hearing.
With the support of Council, we will present an ordinance for Council consideration on the Crystal Valley Interchange project and likely the Plum Creek Parkway/Gilbert roundabout project.