Supreme Court of Colorado
Carousel Farms Metropolitan District, a Quasi-Municipal Corporation and Political Subdivision of the State Of…
June 10, 2019442 P.3d 402
Summary
The court held that public-use determinations in takings cases are legal questions reviewed de novo, while underlying historical facts receive deference. It concluded that the condemnation of Parcel C was essentially for public benefit because the parcel would support public rights of way, drainage, sewer, and other improvements, even though the developer would also benefit. The court also held that the state’s anti-economic-development-takings statute did not apply because the public district neither transferred the property nor conveyed it to a private entity, and it reversed and remanded.