State, Department of Health v. Mill

specially concurring:

We granted certiorari to review both the regulatory taking and eminent domain rulings in The Mill v. State of Colorado, Department of Health, 868 P.2d 1099 (Colo.App.1993).14 I agree with the majority that the court of appeals erred in finding a regulatory taking of The Mill’s property. I also agree that the enhanced value statute, section 24-56 — 117(l)(c), 10B C.R.S. (1988), is dispositive in this case in determining whether the decontaminated value of a property should be considered for purposes of eminent domain pursuant to the Uranium Mill Tailings Radiation Control…