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Colorado justices confirm water-related enterprises may condemn private property

Colorado Springs Gazette·Michael Karlik [email protected]·about 1 month ago
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The Colorado Supreme Court confirmed on Monday that water-related enterprises have the legal authority to exercise the governmental power of eminent domain over private property. An enterprise is a government-owned business that provides fee-based services. In 1993, lawmakers authorized the creation of “ water activity enterprises ” to provide a secure water supply for residents. The enterprises may be part of existing water conservancy districts and, among other things, may “ exercise the district’s legal authority relating to water activities. “ In response to a challenge from a private property owner in Weld County, the Supreme Court concluded that state law unambiguously allows an enterprise created by a conservancy district to condemn private property for water-related activities. Lawmakers “expressly granted water conservancy districts the power of eminent domain to take private property when necessary,” wrote Justice Richard L. Gabriel in the May 4 opinion .…

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