Eminent domain involves the acquisition of private property by public entities for public projects or by private parties for private use under specific circumstances. Our firm represents clients both acquiring the property and whose property is being acquired.
When private property is taken by eminent domain, the owner is entitled to just compensation. Just compensation in Colorado includes payment to the owner for the reasonable market value of the property acquired as well as for damages to the remainder; and sometimes special benefits to the owner’s property can offset damages and a portion of the compensation for the property acquired.
Members of this firm are engaged in all aspects of counseling and representing condemning authorities and landowners in various stages of the eminent domain process including: pre-condemnation counseling, required negotiations including Notices of Intent and Final Offers, eminent domain appraisal consultation, appropriate expert witness consultation, Petitions in Condemnation, immediate possession proceedings, settlement negotiations, litigation, proposed legislation and collateral issues such as utility impacts, easements and tenant issues.
The firm’s eminent domain practice has included representation of numerous condemning authorities, landowners and developers. We have appeared before many courts in eminent domain proceedings including Colorado District Courts in Denver, Arapahoe, Adams, Jefferson, Douglas, San Miguel, Boulder, Montezuma, Summit, Broomfield and Gunnison counties, as well as the Colorado Court of Appeals and Supreme Court.