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Broncos' Stadium Plans Threatened by Colorado's Strict Eminent Domain Laws
24 Jul
Summary
- Colorado has some of the strictest rules against governments taking private property through eminent domain.
- Denver Water has sent "notices of intent" to acquire nearly two dozen properties near its campus, which is adjacent to a site the Broncos are considering for a new stadium.
- Landowners may challenge Denver Water's use of eminent domain if the land is acquired to benefit the private Broncos franchise.
Colorado's strict eminent domain laws are posing a challenge for the Denver Broncos as they consider building a new stadium in the Lincoln Park neighborhood. The state's constitution guarantees just compensation for any real estate acquired for public use and allows owners to challenge whether a use is truly public.
In recent months, Denver Water has sent "notices of intent" to acquire nearly two dozen properties near its 36-acre campus, which is adjacent to the 58-acre Burnham Yard site that the Broncos are eyeing for a potential new stadium. However, legal experts say the Broncos' involvement could complicate matters, as Colorado law prohibits the use of eminent domain to benefit private entities.
Landowners in the area are closely watching the situation, with some already hiring appraisers to determine a fair value for their properties that reflects the premium prices the Broncos have paid for nearby parcels. If Denver Water proceeds with eminent domain, property owners are expected to challenge the public use justification, potentially delaying the process.
The Broncos' stadium plans are still in the early stages, and the team has also considered locations in Aurora and Lone Tree. But the Lincoln Park site, with its proximity to a light rail line, appears to be the leading candidate. However, the team's need for additional land from Denver Water's campus could prove to be a significant obstacle if the utility is forced to use its eminent domain powers.
