Colorado Eminent Domain Practice is a comprehensive guide and summary of the law of eminent domain in Colorado. It is designed to be a useful resource not only for attorneys who regularly practice in the area of eminent domain, but also for those who may never have tried an eminent domain case before but are interested in learning about this specialized area of law.
The book includes an in-depth discussion of the procedural and substantive constitutional provisions, statutes, and case law that govern the condemnation of property at all stages and levels of the acquisition process. It addresses what every condemning entity and landowner representative should know about the pre-condemnation process, the filing and prosecution of an eminent proceeding, and the appellate process that may follow.
Colorado Eminent Domain Practice covers many of the core legal principles encountered in eminent domain cases, like just compensation, authority to condemn, public purpose, good faith negotiations, necessity and other defensive challenges, obtaining immediate possession, and presenting a valuation case to a commission or jury. Valuation and appraisal concepts—including highest and best use, date of value, and project enhancement—are also addressed. Finally, this book contains an excellent summary of the basic valuation approaches used in ascertaining reasonable market value, such as the comparable sales, cost, and income approaches.
Standard pleading forms for eminent domain cases are provided in a separate appendix, as are relevant pattern jury instructions. The book includes a searchable CD-ROM that contains the entire text of the book including the forms and jury instructions, along with relevant Colorado statutes.
ALSO INCLUDES: The companion CD contains the text of the book in searchable PDF format, C.R.S. Articles 1 through 7 of Title 38, pleading forms, and relevant jury instructions.
Automatic Supplementation is included with the purchase of this book. Future updates will be shipped automatically at the subscriber price, plus shipping and handling and applicable sales tax, as soon as they are available. Please call customer service at 303-292-2590 if you DO NOT wish to keep your book up-to-date by enrolling in Automatic Supplementation.
Summary of Contents
Chapter 1: The Sovereign Power of Eminent Domain Source of Eminent Domain Power * Constitutional Eminent Domain Powers * Statutory Delegations of Eminent Domain Powers
Chapter 2: Legal Requirements for Exercising the Power of Eminent Domain Authority to Condemn * Public Use and Purpose * Good Faith Negotiations
Chapter 3: Legal Challenges to the Exercise of the Eminent Domain Power Standard Defenses * Necessity Challenges * Lack of Governmental Permits and Approvals * Condemning Property Already Devoted to a Public Use * Challenges to Funding and Funding Sources * Contracting Away or Restraining the Power to Condemn Property * Enjoining the Power of Eminent Domain * Equitable Challenges in Eminent Domain Proceedings
Chapter 4: Instituting the Condemnation Action Notice of Intent * Petition in Condemnation * Summons and Service of Process * Lis Pendens * Where to File * Answer or Other Responsive Pleading * Cross-Petition and Intervention Issues * Joinder and Substitution * Amendment of Pleadings
Chapter 5: Immediate Possession Constitutional and Statutory Provisions * Setting the Hearing * Matters to Resolve at the Hearing * Withdrawal of the Deposit * Stipulations for Immediate Possession * Appeal of Immediate Possession or Dismissal Orders
Chapter 6: Pretrial Process and Procedures Special Statutory Proceedings * Rules of Civil Procedure and Rules of Evidence * Case and Trial Management Orders * Appointment, Qualifications, and Powers of the Commission * Disclosure and Discovery Procedures * Motions Practice * Motions in Limine
Chapter 7: Trial Practice and Procedure Jury or Commission * Exclusion of Witnesses * Burden of Proof * Opening Statements * Owner Testimony * Lay Witnesses * Expert Witnesses * Voir Dire and Cross-Examination * Evidentiary Issues and Objections * Exhibits * View of the Property * Legal Instructions * Closing Statements * Prejudicial Statements * Verdict, Certificate of Ascertainment, and Special Interrogatories
Chapter 8: Valuation Concepts and Principles Just Compensation * Formula for Ascertaining Just Compensation * Reasonable Market Value * Project Influence Rule * Undivided Basis Rule * Date of Value Rule * Prospective Values * Business Profits Rule
Chapter 9: Highest and Best Use Definitions * Reasonable Probability Standard * Inconsistent or Multiple Highest and Best Uses * Defining the Larger Parcel and the Remainder
Chapter 10: Valuation and Appraisal Approaches Comparable Sales Approach * Income Approach * Cost Approach * Land Residual Approach * Subdivision or Development Approach * Special Use or Value Properties
Chapter 11: Damage Rules and Methodologies Diminution In Value Rule * General vs. Special Damage Rule * Marketplace Approach * Damage for Work Done on Adjoining Lands * Cost to Cure, Replace, or Restore Damages * Mitigation or Waiver of Damages * Statutory Provisions on Damages * Access Damage Claims
Chapter 12: Specific Benefits General and Specific Benefits * Future Assessments * Offset Rules
Chapter 13: Abandonment of Condemnation Actions Condemnor’s Legal Right to Abandon * Limitations on the Right to Abandon
Chapter 14: Post-Trial Matters Post-Trial Motions * Entry of Judgment * Rule and Order * Pre- and Post-Judgment Interest * Apportionment Proceedings
Chapter 15: Recovery of Fees and Costs Bill of costs * Statutory recovery of attorney fees
Chapter 16: Appealing a Condemnation Case Legal Issues as to Right to Condemn * Excessive Valuation Awards * Preservation of Issues on Appeal
Appendix A: Forms Appendix B: Colorado Civil Jury Instructions Tables of Authorities Index
Leslie A. Fields has practiced almost exclusively in the area of eminent domain law since 1983. After graduating from the University of Denver College of Law in 1981, she commenced her legal practice with the firm of Gorsuch, Kirgis, Campbell, Walker and Grover. In 1985 she joined the firm of Faegre & Benson LLP and was made a partner in 1989. Over her lengthy career she has counseled and represented her clients through every stage of a condemnation case, from preliminary negotiations for the acquisition of property, to the institution of condemnation proceedings, to the ultimate determination of just compensation through the litigation and appellate process. Leslie’s clients include individual landowners, developers, private pipeline companies, special districts, public service corporations, counties, municipalities, and urban renewal authorities.
During the many years that she has been practicing in the eminent domain area, Leslie has been involved in nearly every major governmental project within the State of Colorado, including for example the Denver International Airport, the Downtown Convention Center, Highways C-470 and E-470, and the I-25 Highway Expansion Project, otherwise known as T-REX.
Leslie is listed in the Best Lawyers in America, Super Lawyers, and Chambers USA, America’s Leading Lawyers for Business. She has also been recognized by 5280 Magazine as one of the top 25 female lawyers in Colorado. Having argued numerous condemnation cases before both the Colorado Court of Appeals and the Colorado Supreme Court, Leslie will be inducted in October of 2007 into the American College of Trial Lawyers.
Leslie currently co-chairs the ALI-ABA Eminent Domain and Land Valuation Conference. This national three-day conference, which generally occurs in January of each year, is attended by lawyers, judges, appraisers, right-of-way agents, and others from across the country. It has become an excellent forum for not only reporting the law, but exchanging and developing new ideas on how to improve the area of eminent domain in general.
Leslie was also the founding chair of the annual CLE International Eminent Domain Conference in Denver, Colorado. Now approaching its 12th year, this two-day conference is a perfect forum for learning about Colorado substantive and procedural eminent domain law, as well as new developments in this area of the law. Although Leslie has relinquished her chair responsibilities, she continues to be a regular speaker and active participant in this conference. She has also spoken on eminent domain case law and legislation before Colorado Judges at their annual Judicial Conference.
Leslie is a frequent contributor to the Colorado Bar Association’s Annual Survey of Colorado Law, Eminent Domain Section. She has also authored numerous articles in her field of practice.
Leslie lives in the Park Hill residential neighborhood of Denver, where she and her husband spend their free time remodeling a 100-year-old Denver Square, raising their 9-year-old daughter, Anna, and playing with their Bichon puppy, Sam.
Format: 7x10" Hardcover with CD Copyright: 2008 Pages: 276 ISBN: 978-1-932779-56-1 Publisher: Bradford Publishing Co.
