This is a very short bill with big implications. The bill specifies that when land that is encumbered with a conservation easement is condemned, just compensation for the condemnation must be determined based on the value of the property as if unencumbered with the easement.
This bill became necessary when CDOT moved to condemn small portions of several properties necessary for an expansion project along I-25. One of those properties is owned by Colorado Youth Outdoors and has a conservation easement in place. An assistant AG with CDOT made the determination that just compensation should be based on the encumbered value of the property. If that precedent is able to stand, it obviously puts bullseyes on lands with conservation easements in place, for the development of utility corridors, pipelines, roads, etc., and will have a chilling effect on the ability to secure future conservation easements on important lands.
This bill became necessary when CDOT moved to condemn small portions of several properties necessary for an expansion project along I-25. One of those properties is owned by Colorado Youth Outdoors and has a conservation easement in place. An assistant AG with CDOT made the determination that just compensation should be based on the encumbered value of the property. If that precedent is able to stand, it obviously puts bullseyes on lands with conservation easements in place, for the development of utility corridors, pipelines, roads, etc., and will have a chilling effect on the ability to secure future conservation easements on important lands.
