– by Pam Boyd, April 2, 2017, Vail Daily
Photo: Josh Schlossberg / The Biomass Monitor
Clearwater Ventures and Eagle Valley Clean Energy have submitted a bill for $186,000 to the town of Gypsum for costs associated with a condemnation action that was struck down by a district court judge.
In an order issued earlier this month, Eagle County District Court Judge Frederick Gannett ruled that the town of Gypsum failed to follow its own regulations when it launched a condemnation action against Clearwater Ventures LLC, the owner of the property where the Eagle Valley Clean Energy biomass plant is located.
– by Jason Blevins, March 24, 2017, Denver Post
An Eagle County District Court has rejected the Town of Gypsum’s condemnation of land next to the Eagle River owned by a biomass plant operator, saying the town failed to follow its own rules for publicly announcing its eminent domain plans.
Judge Frederick Gannett said Gypsum’s town council “acted arbitrarily and took actions beyond its authority” when it approved an ordinance allowing the town to launch eminent domain proceedings against the landowner.
– by Jason Blevins, October 6, 2016, Denver Post
Eagle Valley Clean Energy (Bill Heicher)
The Town of Gypsum is using its power of eminent domain to force the operator Colorado’s first biomass electric plant to sell 69 acres along the Eagle River that the town wants for open space, recreation and access for a future wastewater treatment plant.
The Gypsum Town Council in July approved an ordinance to acquire or condemn the property to compel Eagle Valley Clean Energy to negotiate the sale of the property. The town offered $506,000 and upped its offer to $800,000, but the company says the land is worth twice that.
“The courts provide a process for both sides to be heard for what they think the value of the ground is in an open market transaction,” said attorney Don Ostrander, an eminent domain specialist hired by the town to negotiate with the company.
– by Pam Boyd, October 1, 2016, Vail Daily
The town of Gypsum and the owners/operators of the Eagle Valley Clean Energy biomass plant continue to be at loggerheads, with their disagreements covering everything from water rights at the biomass plant property to whether or not substantive attempts to negotiate a property purchase have even occurred.
The issues stem from a July Gypsum Town Council approval of an ordinance to “acquire or condemn” property belonging to Clearwater Ventures LLC, the entity that owns the land where the Eagle Valley Clean Energy biomass plant is located. Town officials have stated it is their intention is to launch a negotiation process that will determine a fair market price for 69 acres located along the Eagle River. Once that price is determined, the town will either proceed with a purchase or walk away from a deal, Gypsum officials said.