E-470 Public Highway Authority v. Revenig

Article II, Section 15 of the Colorado Constitution demands that a landowner whose property is condemned receive “just compensation” for that property. Deducting from that payment some amount attributable to intangible benefits that may inure to a separate piece of property violates that guarantee of just compensation. Accordingly, in my view, section 38—1—114(2)(d), 10 C.R.S. (2003), is unconstitutional on its face and as applied in this case. Therefore, I respectfully dissent from the majority opinion.

I. Under Colorado Law, the Statute is Unconstitutional

The issue we confront today is a…