Here's the latest in a case we've been following, involving what Colorado calls "bad faith" condemnations.
In this order, the Colorado Supreme Court has declined to review the Court of Appeals' conclusion that a taking ostensibly to preserve open space and a buffer zone between two municipalities, was an invalid exercise of the eminent domain power because the true reason for the taking was to prevent the condemnee-municipality from luring a big-box retailer, King Sooper, to its territory and away from the condemnor's.
So even though the case has ended with a whimper and not a bang, this does mean that the Court of Appeals' hard look at the actual motives of the condemnor -- and not merely its stated purpose -- is the way to do things. The court examined the factual record, and not just the stated reasons for the taking, and tested whether the condemnor's claim that it needed a buffer zone could not be satisfied by means other than taking the property from Erie. And finally, that even some public benefit will not save a taking if the condemnor's motive is bad.
Order, City of Lafayettee v. Town of Erie Urban Renewal Authority, No. 2018SC538 (Colo. Feb. 11, 2019)
