Town of Telluride v. San Miguel Valley Corp.

This appeal raises the question whether section 38-1-101(4)(b), C.R.S. (2007) ("subsection 4b"), unconstitutionally denies home rule municipalities their eminent domain power under article XX of the Colorado Constitution. The Town of Telluride, a home rule municipality, sought to condemn 572 acres of real property located adjacent to Telluride for open space and park purposes. The owners of the property contested the condemnation, asserting that Telluride was barred from condemning the property by subsection 4b, which prohibits home rule municipalities from condemning property outside…