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May 12th, 2008

Property Rights Multimedia

We are very proud of the hard work that went into our Multimedia page. Spend a few minutes viewing video interviews with landowners or check out an interesting video from Reason TV about eminent domain.

For more videos from the minions at the Independence Insitute, visit their YouTube page.


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May 11th, 2008

Maps and Plans for Pinon Canyon Expansion

If you are interested in seeing maps and plans for the proposed Army expansion in Pinon Canyon, follow this link.

In addition to the article, there are links to view public documents of the expansion. Enjoy.


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May 11th, 2008

New Call for Pinon Canyon Impact Statement Angers Ranchers

From the Pueblo Chieftain:

In the long standoff between Fort Carson planners and the ranchers trying to stop the Army’s expansion of the Pinon Canyon Maneuver Site, it doesn’t take much to set off the general alarm that the other side is up to something.

On Wednesday, the Army filed a notice in the Federal Register announcing that Fort Carson would do yet another environmental impact study based on the Pentagon’s decision to put a fifth infantry brigade (4,500 troops) at the Mountain Post. That is in addition to the four brigades of the 4th Infantry Division that will be based there. Read the rest>>


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May 11th, 2008

Eminent Domain: Who Wins, Who Loses?

From the Vail Trail:

Landowner Jim Pavelich vows to fight Eagle River Fire District’s attempts to use his land in Avon.

Jim Pavelich wanted to put a “jewel of a building” on a strip of grassy land in Avon, between a tire store and a gas station along Interstate 70.

The Edwards resident envisioned stores — maybe a Starbucks, a neighborhood grocery and a couple of restaurants — as well as some housing and offices with views of Beaver Creek. For 15 years, Pavelich has owned the 1-acre lot, across the street from Pizza Hut in Avon, a stone’s throw from the exit in this resort town.

Then, he got news that stopped his plans: The local fire district wanted to condemn his land — and his neighbor’s land — for a fire station. The district had offered $1.3 million for his land, but Pavelich rejected the offer. Read Jim’s story here.


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May 8th, 2008

A legal analysis of House Bill 1278’s demise

From Attorney Michael R. McCormick of Montgomery Little Soran & Murray, PC

The Colorado Legislature’s indefinite postponement of HB 1278, which would have prohibited RTD condemnation of private property for mixed public-private development for Fastracks, is an ominous sign for Colorado landowners concerned about private property rights.

The Colorado Legislature did not take any steps this session to prohibit RTD’s condemnation of private property for mixed public-private development, giving RTD a green light for such condemnations. As RTD’s construction costs for Fastracks continue to rise and RTD funding grows ever shorter, we can expect more and more attempts from RTD to enter partnerships with developers for such condemnations. The private developer will pay RTD for some of the transportation improvement construction costs in return for RTD condemning a portion of the property for the developer’s private commercial use. The Legislature’s failure to act signals an upcoming battle in Colorado Courts over this use of RTD’s eminent domain powers.


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May 8th, 2008

Reminder: Saturday Meeting Regarding Pinon Canyon

The Pinon Canyon Expansion Opposition Coalition writes:

Facing what could be the largest military land grab in U.S. history, the communities of Southeastern Colorado will come together Saturday, May 10 at Otero Junior College in La Junta, to discuss the proposed expansion of the Pinon Canyon Maneuver Site. Read the rest of this entry »


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May 7th, 2008

Adverse Possession Evidence Upheld

From the Denver Post:

See the full story.

Former District Judge Richard McLean and his attorney wife, Edith Stevens, did not fabricate evidence in the infamous Boulder land-grab case, a judge ruled Monday.

In fact, evidence shows that McLean and Stevens had clearly used the land they obtained from neighbors Don and Susie Kirlin under Colorado’s “adverse possession” law, said Boulder District Judge James Klein.

The case is still pending with the Colorado Court of Appeals.


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May 7th, 2008

RTD Buying Unneeded land to Satisfy Union Pacific Deal

From the Denver Post:

RTD is paying nearly $15 million for about 300 acres of Weld County farmland it doesn’t need. The Regional Transportation District arranged to buy the land as part of its proposed deal to move key Union Pacific Railroad operations from Denver to Fort Lupton.

RTD planned to use vacated UP property in central Denver for the FasTracks train to Denver International Airport and a commuter-rail maintenance center. To get a head start on the possible relocation, Union Pacific started acquiring key properties last year in the Fort Lupton area, with RTD pledging to reimburse the freight railroad for the purchases.

In January, RTD said a UP study put the full cost of the relocation project at about $700 million — more than RTD could afford. That killed the relocation. Read the rest


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May 7th, 2008

Udall Sides With Schaffer on Pinon Canyon Expansion

From Denver’s Channel 7 News:

The Army wants to nearly triple the size of the site, to more than 1,000 square miles, citing growth and changing training needs. Commanders say they want to buy the land from willing sellers.

Democratic Rep. Mark Udall, Schaffer’s possible opponent in the November election, has voted to block funds for expanding the site. Get the full story here.


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May 6th, 2008

Schaffer Backs Funding Ban on Expansion

From the Pueblo Chieftain

Doesn’t anybody like the Army?

Bob Schaffer, the Republican candidate for the Senate, ended months of mystery Monday when he said the Army has failed to make its case for expanding the Pinon Canyon Maneuver Site and he supports a congressional funding ban on the 414,000-acre expansion until the Army proves otherwise.

“I am adamantly opposed to the use of eminent domain by the government in this case,” Schaffer said in a phone interview. “As far as I am concerned, the Army has not made its case for expanding Pinon Canyon. The Army is supposed to justify their reasons for the expansion (in a report to the Senate) and I am waiting for that report as well.” Read the rest of the story…

And click here for KKTV’s coverage of the same story.


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The Independence Institute's Property Rights Project was established in 2005 to serve as a community resource on land use issues—including but not limited to—eminent domain abuse, zoning regulations, and historical designations. (Read More)

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