Professor Collins Speaks about Telluride Land Case on NPR

Listen to the interview: “Telluride State Supreme Court Ruling and Private Landowners.”

Today, Professor Richard Collins spoke on NPR’s Colorado Matters (KCFR), regarding a recent Colorado Supreme Court case in which the justices decided that that the southeastern town of Telluride could take land outside its city limits in order to protect an undeveloped piece of land. KCFR’s Ryan Warner also interviewed House Minority Leader Mike May regarding this case and about concerns of property rights advocates.

May is proposing a constitutional amendment that would be on the ballot by 2010, at the soonest.

When asked what protection landowners have against their property being condemn, Professor Collins said, “The most important constitutional protection for landowners is always the requirement for just compensation, which deters any jurisdiction from condemning property. It has to pay for it. Moreover, the particular procedures under Colorado law are a better guarantee of payment than is generally true in some other states. One must have a statute authorizing it, so if a city wants to condemn property, its own ordinances must authorize the condemnation ordinance.

The Issue

Telluride residents claim that a $50 million, 570-acre meadow on the northwestern side of their town helps preserve the town's historic character so they want it conserved for open space. The land, however, is outside its boundaries. The June 2 court ruling affirmed the earlier San Miguel District Court decision and found the state constitution allows home-rule municipalities to condemn property for “any lawful, public, local, and municipal purpose,” rejecting developers' arguments to overturn the town's use of eminent domain. A law passed in 2004 made it illegal for cities and towns to condemn land for open space, park, or recreational purposes.

Read the Colorado Supreme Court Case No. 07SA101, Town of Telluride v. San Miguel Valley Corp.