This bill will clarify and limit how metropolitan districts and water and sanitation districts can use the power of eminent domain, especially when it comes to government-owned land.
Under Colorado’s Special District Act, metro districts and water/sanitation districts are granted powers of:
Eminent domain: The right to take private property for public use with compensation.
Dominant eminent domain: A stronger form of eminent domain allowing a governmental entity to take priority over another.
Problem:
The statute does not define “eminent domain” or “dominant eminent domain.”
This creates ambiguity, especially about whether these special districts can take state- or locally owned land (e.g., land owned by a city or county).
What the Bill Does:
Clarifies that dominant eminent domain powersdo not allow metro or water/sanitation districts to:
Take state-owned property
Take property owned by a home rule city or town
Take land from a city and county
Take land from a county
Overall Effect
Prevents special districts from using their condemnation powers to override government ownership at higher levels.
Preserves local control and state sovereignty over public lands.
Ensures that eminent domain is not misused by districts to take land from other government entities.
Summary
Currently, the Special District Act (act) grants metropolitan
districts and water and sanitation districts the power to have and exercise the powers of eminent domain and dominant eminent domain, but does not define these powers. The bill specifies that the powers of eminent domain and dominant eminent domain granted to metropolitan districts and water and sanitation districts in the act do not authorize the exercise of the power of dominant eminent domain to acquire state-owned property or the property of a home rule city, town, city and county, or county.
