June 3rd, 2008

Colorado Supreme Court gets it wrong on Telluride Case

From PRP Director Jessica Peck Corry:

As reported in this morning’s Denver Post, the Colorado Supreme Court has ruled that the Town of Telluride can forcibly take land outside its municipal boundaries for the purpose of open space. While the decision may initially appear appealing to those concerned about preserving Colorado’s beautiful natural resources, it could have devastating consequences for property owners across the state.

With this decision, the Court held that a 2004 state statute, known as the “Telluride Amendment,” is unconstitutional. The result: Local governments can take property OUTSIDE their own boundaries through condemnation. This process, called extraterritorial condemnation, is a tool increasingly sought after by municipal planners. See our issue paper, “Tower Tussle: The Colorado Battle Over Extraterritorial Condemnation” by clicking here. The expansion of government power here has dangerous implications for future land use planning.

I also wrote such implications of extraterritorial condemnation in a May 2007 Rocky Mountain News column.

We can only hope that plaintiff and property owner Neil Blue has the ability—and the U.S. Supreme Court has the courage—to condemn the Colorado Supreme Court’s 6-1 support of unjust condemnation.