State group forms to fight eminent domain abuse

By Cherry Sokoloski
North Forty News

Colorado property rights activists have taken on a big challenge for the New Year: getting a constitutional amendment passed in the state that would limit the use of eminent domain.

Colorado Citizens for Property Rights plans to begin gathering signatures for a ballot initiative in January and will hold a public meeting in Larimer County in February. CCPR hopes to have the issue on the November ballot.

The group's efforts mirror those in several states in the wake of a U.S. Supreme Court ruling last June. The ruling, in the case of Kelo vs. New London, expanded the power of eminent domain, allowing municipalities to condemn private property and turn it over to developers for the purpose of economic development.

CCPR formed in the wake of the Supreme Court decision, with the dual purpose of fighting what it calls eminent domain abuse and getting just compensation for property owners whose land is taken. "We want a bill of rights for private property owners in Colorado," said Steve Rowe, northern Colorado director of CCPR. "Economic development should not be a reason to grab private property. This is such an assault on basic principles like property ownership."

The problem, Rowe said, is the current interpretation of "public use," which is much broader than in the past. Traditionally, property has been condemned for public uses such as dams, roads, schools and utilities.

"We want 'public use' to be a legitimate public benefit," Rowe said, "and that doesn't include turning private property into big box stores. The rights of property owners should supercede revenue decisions for local governments."

Rowe said the group is pursuing a state constitutional change because it is more difficult to undo. An amendment would have to be approved by a majority of voters.

CCPR is an outgrowth of the Eastern Plains Coalition, which was more limited in scope. The coalition was active last year in fighting plans for a private, north-south toll road through Colorado, and CCPR is still involved with that issue.

CCPR plans to hold town hall meetings in every county, beginning in January, to promote the constitutional amendment. Meanwhile, the group is meeting every two weeks in Denver. For more information, go to www.theccpr.com.