– 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.