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Colorado Condemnation Law
 
City of Boulder v. Barry Barnow

The City of Boulder sued Barry Barnow on an eminent domain theory seeking to acquire by condemnation his right to access the Boulder Municipal Airport from his nearby property. Barnow claimed the right to access the airport from his property with his airplane by virtue of a 2006 "through the fence" agreement with the City.

The City offered Barnow $10,000 to his access rights, which he r... More...
   $259500 (04-27-2013 - CO)

The Glenelk Assoication, Inc. v. Ronald P. Lewis

We granted certiorari to review the court of appeals’ unpublished decision in The Glenelk Ass’n, Inc.v.Ronald Lewis, No. 09CA1209.1 In this private condemnation proceeding, respondent Ronald P. Lewis seeks to condemn a private way of necessity across land owned by The Glenelk Association, Inc. (“Glenelk”) to access an allegedly landlocked parcel of land for residential development.2 The tr... More...   $0 (09-12-2011 - CO)

Richard W. Bly v. Tamara L. Story

In this private condemnation action for a non-exclusive access easement across an existing driveway, we are charged with determining what level of specificity a petition for condemnation must contain and whether the trial court erred in excluding valuation evidence based on a particular appraisal method. We review the court of appeals’ decision in Story v. Bly, 217 P.3d 872 (Colo. App. 2008).1... More...   $0 (10-18-2010 - CO)

Debora Palizzi, Gloria Bennett, and Palizzi & Son, Inc. v. City of Brighton

In this eminent domain action for property it desired for road improvements, the City of Brighton ("Brighton") condemned approximately 0.8 acres of agricultural land owned by Debora M. Palizzi, Gloria A. Bennett, and Palizzi & Son, Inc. (collectively "the Palizzis"). A jury awarded $204,387.15 as just compensation for the taken property, based on its highest and best use being for commercial and ... More...   $0 (03-22-2010 - CO)

Ralph L. Archuleta v. Theodore Gomez

Plaintiff/Appellant Ralph L. Archuleta appeals a judgment entered by the District Court for Water Division No. 2. The judgment denied and dismissed Archuleta’s complaint for an injunction against Theodore Gomez seeking restoration of three ditch rights-of-way and delivery of water through the ditches. The water court ruled that Gomez adversely possessed, and is now the owner of decreed irrigatio... More...   $0 (01-20-2009 - CO)

Robert Yaklich v. Grand County, et al.

This appeal arises out of Tabernash Meadows, LLC's (Tabernash) failed attempt to create a subdivision called Pole Creek Valley in Grand County, Colorado. Robert Yaklich, the founder and sole owner of Tabernash, filed suit against various defendants, who moved to dismiss. The district court granted the motions. We AFFIRM in part, REVERSE in part, and REMAND as set forth in this Order and Judgm... More...   $0 (05-12-2008 - CO)

Kim McIntyre and Steve McIntyre v. Board of County Commissioners, Gunnison County, Colorado, Sierra Minerals Corp. and Omya, Inc.

The petitioners, Kim and Steve McIntyre (McIntyres) own six mining claims near the Town of Marble in Gunnison County. They purchased their property from L.E. Schooley and Associates (Schooley) in 1994. Schooley had acquired the property by virtue of a tax deed in 1960; there is no evidence in the record of a deed in the chain of title that contains a dedication, reservation, or exception fo... More...   $0 (03-18-2004 - CO)

City of Englewood v. Denver Waste Transfer, L.L.C.

The subject property was a former landfill adjacent to Centennial Park on the border between the cities of Englewood and Sheridan. In 1998, DWT purchased the property at a price of $802,210 for the purpose of constructing a waste transfer station. The property was zoned for heavy industrial use, and although a waste transfer station was a use by right, additional approval of a planned unit devel... More...   $0 (02-28-2002 - CO)

Crown Point, LLC, a Delaware limited liability company v. Intermountain Rural Electrical Association, a Colorado cooperative electrical association, and the Town of Parker

Crown Point I, LLC appeals the District Court's dismissal of its complaint against Intermountain Rural Electric Association ("Intermountain) and the Town of Parker, Colorado ("Parker"). Plaintiff's claims arise out of Parker's approval of Intermountain's plan to construct an electrical transmission line through Crown Point's property without first holding a public hearing on the matter. Plainti... More...   $0 (02-10-2003 - CO)

West Elk Ranch, L.L.C. v. United States of America

West Elk Ranch encompasses approximately 160 acres of land contiguous to National Forest land in Western Colorado. The Ranch comprises several uses including livestock, crops, and a dude ranch operation offering horseback riding, a trading store, and guide and outfitter services into the National Forest.

Upon discovering a spring located on the adjacent National Forest land, the predecessor... More...   $0 (12-04-2002 - CO)

Animas Valley Sand and Gravel, Inc. v. Board of County Commissioners of the County of La Plata, Colorado

This case involves the effect of a county land use plan on real property lying within a river valley in La Plata County. The landowner, a sand and gravel company, initiated an inverse condemnation action against the county. The company alleged that the restrictions placed on its property, pursuant to the plan, result in a compensable taking. In this opinion, we apply the United States Supreme Cour... More...   $0 (12-17-2001 - CO)

Public Service Company of Colorado v. Mark Van Wyk, et ux.

This case presents the issue of whether the Colorado Public Utilities Commission's (PUC) approval of electrical line upgrades by the Public Service Company of Colorado (PSCo) precluded claims by adjacent property owners for inverse condemnation, trespass, and nuisance against PSCo based on those upgrades. This case also presents the issue of whether the class-action complaint, filed by Mark and Er... More...   $0 (07-01-2001 - CO)

E-470 Public Highway Authority v. 455 Company, a Colorado General Partnership

Condemnation Action: Defendant's property was condemned/acquired by the plaintiff for use in constructing a highway, which would bisect the defendant's land.

The value of the land was in dispute, complicated by a right-of-way that may have brought special benefits to the landowner.... More...   $1056500 (03-04-1999 - CO)

 
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