Chapter 3 - § 3.1 • STANDARD DEFENSES TO THE EXERCISE OF THE EMINENT DOMAIN POWER

• Jurisdiction: Colorado

§ 3.1 • STANDARD DEFENSES TO THE EXERCISE OF THE EMINENT DOMAIN POWER

Defending against the right to condemn property starts with three basic elements that must be present for the power to be lawfully exercised in the first instance: (1) the legal authority to condemn; (2) "public use" or public purpose; and (3) good faith negotiations.¹ If a court determines that any one of these elements has not been met, the right to condemn should be denied and the case dismissed.² Because the case law regarding each of these elements has already been discussed and analyzed in Chapter 2, that discussion is not repeated here. This chapter covers cases involving other legal challenges that have been mounted against the exercise of the eminent domain power, some of which have been successful in defeating the right, and others which have not been.

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Notes:

^[1] For a discussion of each of these elements, see Chapter 2, "Legal Requirements for Exercising the Power of Eminent Domain."

^[2] Kaschke v....