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Eminent domain is the power and process whereby governments and certain agencies
claim private property from an unwilling seller. It has
historically been
used for projects such as roads,
schools or utilities. Recent cases have increased
public concern over
what many believe is misuse of this power. A backlash of public
opinion against judges and municipal leaders has arisen from these
cases. However some municipal leaders have been encouraged by these cases and have tried to
use eminent domain power more aggressively. Some say low municipal
coffers are preventing more eminent domain land grabs; once public
coffers refill and municipalities can afford more projects, misuse of eminent domain could increase.
Some
believe eminent domain should not be wielded at all. Others
believe its use in limited cases should be a tool for a prudent
government. However some uses lead many to fear that where municipalities fail to plan,
private landowners may pay the price.
Boulder County failed to plan for a
regional trail in this valley. The Lyons to Boulder trail has been in the Comprehensive Plan for thirty years.
However in all that time,
while they used our tax dollars to
purchase 68,000 acres of Open Space, one in seven
acres in this County, they failed to fulfill their
promise to trail enthusiasts to put a trail in this valley by failing to
purchase the land here for that trail. Now they want private landowners, or the
canal operator, to bear the burden of this trail.
Boulder
County does not own the Boulder Feeder Canal. This land is owned by a public corporation. A trail along the canal would not use the current
maintenance road on the east side of the canal. That would
interfere with maintenance of the canal. A brand
new trail would need to be built on the opposite (west) side of the
canal. This would require
use of property not owned by the corporation in many segments of the trail
and for a variety of reasons:
The
corporation does not own all of the land along the canal. The
canal crosses private property and a trail along the canal would cross
over those sections of private property. Some sections of the
canal are extremely dangerous and those would have to be avoided,
requiring diversion to nearby private property. Don't be misled by
current fences, as many do not accurately reflect property lines; in
some places corporate land is too thin and
planners have indicated that private property would be
needed to widen the trail.
Boulder
County has never used eminent domain for a recreational trail.
However this
project is different in that this will be the first time they have
attempted to build a trail of this length in large part on property
they do not own.
County planners and County
Commissioners have confirmed that eminent domain is a
possibility for this trail.
Boulder County's Frequently Asked Questions states:
"The use of eminent domain is always a
last resort". This is common language before eventual use of eminent domain.
See the
Eminent Domain Abuse Survival Guide
PDF page 8:
“...eminent domain will only be used as a last
resort.”--That just means that if the residents or businesses don’t
agree to sell, eminent domain will be used.”
On a trail conflict in Minnesota, reporter
Cole Mathisen quotes similar
language:
“Eminent domain is a last resort we’ve always taken that position, but
we’re at our last resort”.
Even if eminent domain is used on only a few landowners in this
valley, just one successful abuse of eminent domain power
would set a precedent and the property rights of all Boulder
County landowners would
be weakened. Don't let the
laying of regional trails on private property become Boulder
County trail building policy. Boulder County has many
more trails to build. Your land could be next.
Continued on
Encroachment
<------Click here
A history of the eminent
domain process written by the
League of Women Voters is linked below.
Wikipedia's Kelo vs. City of New London (2005)
explains the U.S. Supreme Court case which caused national debate.
The
Telluride Colorado case discussed by Peoples Press
Collective brings eminent domain close to home,
and the Left Hand Valley Courier reports
that Boulder County Open Space is planning the
Dry Creek Trail in Niwot over some
private land as well.
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