Spencer Fane attorney Jamie Cotter recently wrote an article featured in the Special District Association of Colorado (SDA)’s newsletter covering the requirements special districts in Colorado must follow when proceeding with projects involving condemnation.
Titled “Between a Rock and a Hard Place – Condemning Property When in the Process of Obtaining Development Approvals,” the article discusses the case law that has established a framework to prove condemnation is for a “public purpose.”
Jamie specifically explains the difficulties special districts can face moving forward with condemnation to construct improvements before formal approval is granted for the larger development.
“Special districts should carefully analyze the timing of any condemnation in light of the status of their planned future development,” Jamie noted. “[C]ondemnations can be too early or too late so it is important to analyze the framework set forth above before instituting a condemnation.”
To read the full article, please click here.