E-470 Public Highway Authority v. 455 Co.

The Colorado Constitution requires just compensation for all property taken by the government according to its eminent domain power. See Colo. Const. art. II, § 15. Since the E-470 Highway Authority has the statutory right to collect a fee from the landowners based in part on the benefits that the Highway confers upon the property, the Authority may not also seek to have the value of the property reduced by those same benefits. *27In my view, the majority's holding results in the landowners being subject to double payment for the same benefit. Thus, I respectfully dissent.

I

In granting the motion…