Colorado Supreme Court To Review Major Eminent Domain Case: Does Public Use Save A Taking From A Private Purpose?

The Colorado Supreme Court has agreed to review a public use case we've been following with keen interest, Carousel Farms Metropolitan District, No. 18SC30 (July 2, 2018), one we noted was the "most interesting" such case of 2017.  The Court of Appeals held that the actual purpose of the taking was private, so it didn't matter that the public was actually going to use the property being taken. In short:  When the primary purpose of a condemnation is to advance private interests, even if there will be an eventual public benefit, the condemnation is not for a public purpose Slip op. at 18. Read our summary of the case here for more details.  The condemnor sought discretionary review, and the Supreme Court agreed to consider these issues: [REFRAMED] Whether the court of appeals should review for clear error a trial court’s determination that a condemning authority sufficiently demonstrated that a taking is for a…

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