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Town of Telluride v. San Miguel Valley Corporation

Colorado Supreme Court
185 P.3d 161 (2008)

Written by Sean Carroll, JD

Facts

The Town of Telluride (plaintiff) passed an ordinance to condemn 572 acres of property owned by the San Miguel Valley Corporation (the corporation) (defendant) outside the town’s boundaries. The town wished to use the land for open space, parks, and recreation. The town filed an eminent-domain action in court to effectuate this purpose. The Colorado Constitution granted home-rule municipalities the power to condemn property and all powers necessary to carry out that power. Subsequently, the state legislature passed a law prohibiting home-rule local governments from condemning property outside their borders. As a result of this legislation, the corporation moved to dismiss the town’s eminent-domain action.

Rule of Law

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Issue

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Holding and Reasoning (Rice, J.)

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Concurrence (Coats, J.)

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Dissent (Eid, J.)

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