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Parks and rec gets OK to use eminent domain
By Rhonda Moore
Castle Rock approved a request to move forward with a parks and recreation request to enforce eminent domain to construct a bike and recreation trail.
Town council gave the green light Dec. 16 for the emergency adoption of an ordinance to exercise eminent domain for easements on two properties on the north side of town. The easements will pave the way to complete the East Plum Creek Trail between Meadows Boulevard and Wolfensberger Road.
Cited as “the highest priority and requested trail” by parks and recreation director Rob Hanna, the East Plum Creek Trail runs from The Meadows area to downtown Castle Rock. The trail is expected to connect about one-fourth of the town’s population in the northwest corner of town to the downtown area, Hanna told councilmembers.
Negotiations to acquire a 25-foot-wide, ¾-mile-long easement through two properties began in 2006, with landowners turning down to the town’s offers when the parties could not agree on the value of the easements.
Town council approved Hanna’s request for the emergency eminent domain measure to ensure the project remains on target for its June 2009 completion.
“We’re really trying to go through this process and laid out a schedule to open by National Trails Day next year,” Hanna said. “We have existing contracts through May [2009] and they have held their prices.”
One landowner has had a price of his own since the beginning of negotiations. Dwight Zemp is the managing partner of Act III Investments LLC, which owns a 110-acre parcel in the trail’s path. The trail will effectively cut his parcel in half, isolating his horses from their water source and rendering the property useless, he said.
The town in September offered Zemp’s group a little more than $47,000, which includes the cost of drilling a stock well to replace the water source for his horses. Zemp countered with an offer to sell the western half of the property to the town at a cost of $2 million.
The town rejected the counter proposal.
Appraisals on the acreage over the last five years have ranged between $4.75 million and $7 million, Zemp said. With a trail running through the middle of the property, it will be impossible for any future projects to be developed, he said.
The town revised its proposal in October with an offer of slightly less than $33,000. Act III said “no” to the proposal.
“I think it’s probably a bit abusive to classify [a trail] under an emergency proceeding and say it’s for public health,” Zemp said. “It would be appropriate to say I’m not thrilled with it.”
A recent court ruling in Telluride made the case to permit a municipality to condemn property outside its corporate boundaries for parks, open space and trails, Hanna reports. The council adopted the ordinance to enforce eminent domain for the East Plum Creek Trail, effective immediately.
Councilmembers had few comments in public hearing because most of the dialogue about the land acquisition took place in closed quarters, said Doug Lehnen, District 6.
Lehnen defended the unanimous decision to use eminent domain — typically limited to road construction projects — for a public trail.
“As far as I’m concerned we do need to use eminent domain when it relates to trails and roads,” Lehnen said. “It’s one of those that if we don’t we’ll never get anything done.”
Negotiations with property owners will continue, with a Jan. 2 response deadline for the last offer. Absent a response, the town expects to request a trial date by Jan. 3.
Town council gave the green light Dec. 16 for the emergency adoption of an ordinance to exercise eminent domain for easements on two properties on the north side of town. The easements will pave the way to complete the East Plum Creek Trail between Meadows Boulevard and Wolfensberger Road.
Cited as “the highest priority and requested trail” by parks and recreation director Rob Hanna, the East Plum Creek Trail runs from The Meadows area to downtown Castle Rock. The trail is expected to connect about one-fourth of the town’s population in the northwest corner of town to the downtown area, Hanna told councilmembers.
Negotiations to acquire a 25-foot-wide, ¾-mile-long easement through two properties began in 2006, with landowners turning down to the town’s offers when the parties could not agree on the value of the easements.
Town council approved Hanna’s request for the emergency eminent domain measure to ensure the project remains on target for its June 2009 completion.
“We’re really trying to go through this process and laid out a schedule to open by National Trails Day next year,” Hanna said. “We have existing contracts through May [2009] and they have held their prices.”
One landowner has had a price of his own since the beginning of negotiations. Dwight Zemp is the managing partner of Act III Investments LLC, which owns a 110-acre parcel in the trail’s path. The trail will effectively cut his parcel in half, isolating his horses from their water source and rendering the property useless, he said.
The town in September offered Zemp’s group a little more than $47,000, which includes the cost of drilling a stock well to replace the water source for his horses. Zemp countered with an offer to sell the western half of the property to the town at a cost of $2 million.
The town rejected the counter proposal.
Appraisals on the acreage over the last five years have ranged between $4.75 million and $7 million, Zemp said. With a trail running through the middle of the property, it will be impossible for any future projects to be developed, he said.
The town revised its proposal in October with an offer of slightly less than $33,000. Act III said “no” to the proposal.
“I think it’s probably a bit abusive to classify [a trail] under an emergency proceeding and say it’s for public health,” Zemp said. “It would be appropriate to say I’m not thrilled with it.”
A recent court ruling in Telluride made the case to permit a municipality to condemn property outside its corporate boundaries for parks, open space and trails, Hanna reports. The council adopted the ordinance to enforce eminent domain for the East Plum Creek Trail, effective immediately.
Councilmembers had few comments in public hearing because most of the dialogue about the land acquisition took place in closed quarters, said Doug Lehnen, District 6.
Lehnen defended the unanimous decision to use eminent domain — typically limited to road construction projects — for a public trail.
“As far as I’m concerned we do need to use eminent domain when it relates to trails and roads,” Lehnen said. “It’s one of those that if we don’t we’ll never get anything done.”
Negotiations with property owners will continue, with a Jan. 2 response deadline for the last offer. Absent a response, the town expects to request a trial date by Jan. 3.
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